Marcus Coutain: Knee-on-neck arrest PC will not face charges
- Published
A police officer will not face a criminal prosecution over an arrest in which a black man appeared to have his neck knelt on.
Marcus Coutain was filmed telling officers to "get off my neck" as he was arrested in Finsbury Park, on 16 July.
The Independent Office for Police Conduct (IOPC) is investigating the two officers who detained Mr Coutain.
The Crown Prosecution Service (CPS) said the case did not meet the "legal test" for a prosecution.
The IOPC investigation into the two Met Police officers "is not yet finalised", a spokeswoman said.
Police said officers were called to reports of a fight in Isledon Road and footage posted on social media that evening showed two officers holding a handcuffed black man on the pavement.
Following the arrest, one Met officer has been suspended and another has been placed on restricted duties, the force said.
The IOPC is investigating whether the use of force in the arrest was "appropriate".
A CPS spokesperson said: "Following full and careful consideration of the materials in the case we concluded that our legal test was not met and that no further action should be taken against the officer.
"We understand the complainant may find this disappointing but our role is to make fair and independent decisions based on the evidence.
"The complainant has been made aware of his right to appeal the decision under the CPS's victims' right to review scheme."
Mr Coutain's lawyers said they will be appealing the decision.
Rustem Guardian Solicitors said the CPS had "failed to confirm to our client why this behaviour did not meet their test for the commencement of criminal proceedings."
In a statement the firm said: "We are surprised that the CPS reached the decision that the actions taken by the officer do not amount to an assault and are somehow reasonable and proportionate - especially having seen the body worn footage of the officer concerned."
Mr Coutain pleaded not guilty to possessing a knife in public.
Following his arrest Mr Coutain was recalled to jail for breaching parole due related to a previous conviction.
The 48-year-old is due to stand trial at Snaresbrook Crown Court in March 2022.
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