Dalian Atkinson: PC in retrial over footballer's death

PC Mary Ellen Bettley-Smith is facing a retrial for allegedly assaulting ex-footballer Dalian Atkinson

A police officer assaulted retired football star Dalian Atkinson with her baton after he had been tasered to the ground, a retrial has been told.

Mr Atkinson, who died after the incident, was "no longer a threat" when West Mercia Police PC Mary Ellen Bettley-Smith, 32, struck him several times, Birmingham Crown Court heard.

Former PC Benjamin Monk was convicted of manslaughter last year.

Ms Bettley-Smith denies an assault charge and claims she acted lawfully.

She says her actions were to protect herself and others.

The court was told a previous jury could not reach a decision in respect of a charge of assault occasioning actual bodily harm.

England B international Mr Atkinson, who retired in 2001 after playing for clubs including Aston Villa, Sheffield Wednesday, Ipswich Town and Spanish side Real Sociedad, died in hospital about an hour after being tasered.

The striker famously scored the opener in Aston Villa's 1994 League Cup final win over Manchester United

Opening the case, prosecutor Paul Jarvis said Mr Atkinson, who was 48 and had health problems including kidney failure, had been acting out of character and had smashed a window at his father's home in Meadow Close, Telford, Shropshire, in August 2016.

Mr Jarvis told the court the sportsman had been "a loving, and much-loved, son, brother, father, partner and friend to those who knew him best".

"He died in the early hours of the morning on Monday August 15 2016, after an encounter with police officers outside of his father's home address.

"Those officers were PC Benjamin Monk and PC Ellie Bettley-Smith."

The court was told Monk and Ms Bettley-Smith had been in a relationship at the time of the death.

Mr Jarvis said it was "entirely understandable" the officers would have been afraid for their safety because of Mr Atkinson's aggression towards them.

'Frightening experience'

But the Crown alleges Ms Bettley-Smith acted unlawfully after Monk discharged a third Taser cartridge, causing Mr Atkinson to fall to the ground.

Mr Jarvis said it was not in dispute Ms Bettley-Smith used her police baton, but her account differed with those of witnesses.

"The prosecution accept that this must have been a frightening experience for a probationary officer in the position of Ellie Bettley-Smith.

"But once Dalian Atkinson was no longer a threat to the officers, the justification for that use of force against him evaporated, we say.

"It is likely that Ellie Bettley-Smith lashed out, perhaps in anger at the fact Dalian Atkinson had scared her so much, or perhaps because Benjamin Monk told her to because he was himself angry."

The blows, he said, "were delivered unlawfully by her".

Defending, KC Richard Smith said of Monk and Ms Bettley-Smith: "They were entitled, indeed had a duty in their uniform, to try and restrain him [Mr Atkinson] and protect themselves and others."

Monk, who kicked Mr Atkinson twice leaving impressions of his bootlaces on his victim's forehead, was convicted last year of his unlawful killing.

The trial was adjourned until Wednesday.