Blinded PC David Rathband's family lose negligence case

PC Rathband, left, was shot and blinded by Moat in 2010

The family of PC David Rathband, who was shot and blinded by Raoul Moat, has lost a High Court negligence claim against Northumbria Police.

The officer, who died in 2012, was blasted in the face in 2010, minutes after Moat made a gun threat to police.

The case claimed those on patrol should have been warned they were in danger.

Dismissing the claim, the judge ruled the family should pay the force's costs, with an interim payment of £100,000 due within 21 days.

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'Arrogance and insensitivity'

Neither PC Rathband's twin brother Darren nor his sister Debbie Essery were in court for the ruling.

In a statement afterwards, they said: "The arrogance and insensitivity of Northumbria Police throughout has been cruel to say the least.

"Mistakes were made, policies and procedures have been changed, that fact remains."

PC Rathband, originally from Stafford, began the civil action before he took his own life in 2012, and it was continued by his brother and sister.

They argued he had been left in "harm's way" as he was on his own and was parked in a prominent spot, in the early hours of 3 July 2010.

However, Northumbria Police defended its response, saying that at the time attempts were being made to pinpoint the gunman's exact position.

PC Rathband's sister Debbie Esseray said the officer had been left "in harm's way"

Passing judgement at Newcastle's Moot Hall, Mr Justice Males described it as an "immensely sad case".

He said: "Moat was a resourceful and determined criminal, well capable of carrying out his threat, who remained at large for some days after PC Rathband was shot.

"Regardless of the issue of any warning to be vigilant, PC Rathband... was desperately unlucky to be the victim of Moat's cruelty and hatred, but if it had not been him, it would probably have been somebody else."

'Welfare of public'

Northumbria's chief constable Steve Ashman, said officers had been faced with an "unprecedented situation" in dealing with Moat.

"But, the judge has recognised that operational officers have to make high pressure, complex decisions in tight time scales and in doing so they must focus not only on officer safety but on the safety and welfare of the public," he said.

"The judge, following detailed scrutiny of the events of that night, over a two-week period, has stated that it was emphatically clear that PC Rathband had not been let down by Northumbria Police.

"We continue to wish David's family the best for the future and David will always remain in the heart of Northumbria Police."