Dalian Atkinson: PC who struck ex-footballer 'believed he posed threat'

Dalian Atkinson died on 15 August 2016 aged 48

A police officer struck former footballer Dalian Atkinson with a baton after he was tasered because he still posed a threat, her barrister said.

PC Mary Ellen Bettley-Smith's barrister said if she genuinely perceived a threat, even if she was mistaken, then she was not acting unlawfully.

The officer denies a charge of assault arising from the night's events in Telford, Shropshire, in August 2016.

PC Benjamin Monk denies murder and an alternative charge of manslaughter.

Prosecutors allege PC Bettley-Smith and her West Mercia Police colleague, 43, used unlawful and unreasonable force out of anger, before the ex-Aston Villa, Sheffield Wednesday and Ipswich Town striker died in August 2016.

Richard Smith QC urged jurors at Birmingham Crown Court to ask themselves whether it was remotely fair for the Crown to claim PC Bettley-Smith was not scared at the scene.

He said: "If she genuinely perceived a threat, even if it's mistaken how it came about, then she was not acting unlawfully, end of story."

• Latest news from the West Midlands

PC Mary Ellen Bettley-Smith and PC Benjamin Monk were in a relationship at the time of Mr Atkinson's death

The Crown claims PC Bettley-Smith and PC Monk have deliberately exaggerated Mr Atkinson's stature and behaviour in order to justify their actions after excessive use of a Taser.

The trial heard PC Monk discharged the Taser for 33 seconds - six times longer than standard.

The prosecution say the force PC Monk deployed, including kicking Mr Atkinson's head forcefully, was excessive and went beyond self defence.

PC Bettley-Smith is accused of using a police baton unlawfully and striking Mr Atkinson whilst he was incapacitated.

Mr Smith added: "To suggest she wasn't as scared as she has made out, is that remotely fair?"

Pointing out PC Bettley-Smith had told a sergeant at the scene "I thought I was a goner", the barrister said: "They were seen to run away. Police officers... they don't run away unless they are scared.

"She pressed her emergency button. Why did she do that? That little button is put on the top of the radio to save lives."

The barrister said: "People who hid behind their bedroom windows... found it to be extraordinarily frightening. Just pause for a moment and ask yourself how Ellie Bettley-Smith would have felt."

He stated: "This was an officer who had a profound lack of experience. She had never been in anything like this before."

The trial judge will start summing up the evidence in the case on Monday.