PC Ian Smellie arrives at City of London Magistrates Court
A Metropolitan Police officer accused of turning off his bodycam to attack a suspect is cleared of assault after claiming the man threatened to rape his girlfriend and made a reference to a colleague who was killed in a police station six weeks earlier.
PC Ian Smellie, 64, told colleagues 'cameras off' as he removed his police vest and ushered Rafik Miah around the corner at the end of a car stop in Stoke Newington, north London on November 10 last year.
The officer was accused of telling Mr Miah, 34, 'you think you are a big man' before allegedly raising his arm to give him a 'clip round the ear' as six officers searched the suspect for drugs.
PC Smellie, who has since retired from the force, denied common assault and insisted that he acted in self-defence during the incident, City of London Magistrates Court heard.
Today he told the court that Mr Miah had threatened to rape his partner and made a comment about having a weapon six weeks after police officer Matt Ratana was shot dead at a Croydon police station last year.
PC Smellie was later cleared of assault as Judge Sam Goozee said: 'Mr Miah was handcuffed during the process; he was abusive and rude.
'The search was negative but even after Mr Miah continued to be abusive and resentful. You and your officers remained calm throughout the process.'
Mr Miah had continued to make comments, calling the officer an 'ugly piece of s**t' whilst he constantly referred to PC Kirsty Thatcher as a 'b***h'.
Judge Goozee added: 'His comments were resentful, childish and unnecessary. There was no evidence that Mr Smellie was in any way angry, the body worn footage shows him calm throughout.
'There is simply no clear picture about what happened between Mr Smellie and Mr Miah on Kyverdale road.'
Mr Miah claimed the officer punched him in the face causing him to have a 'sore red ear' on the left hand side. Judge Goozee added: 'Mr Miah's account seemed exaggerated.
Mr Miah was arrested in Kyverdale Road, Stoke Newington, north London, on November 10 last year, under section 23 of the Misuse of Drugs Act. He was subsequently released without charge
'Mr Miah while he gave evidence was clear that he had been punched on the left-hand side of his head and on two occasions when showing this he showed his right-hand side.
'When asked why he didn't report this to the other officers he said they had all gone, but then he said that they were there and laughing. This concerns me.
'The whole incident and exchange appears odd, unusual, bizarre, strange, to quote officers from their evidence. But none of them observed anything that caused them to intervene.
'It may well have been a very unwise decision from Mr Smellie to take off his vest and camera and walk Mr Miah to Kyverdale Road.
'These actions by themselves may appear suspicious but
