Dalian Atkinson: Footballer killed hours before renal treatment

PC Mary Ellen Bettley-Smith is charged with assaulting Dalian Atkinson the night he died

A footballer who died after a confrontation with two police officers was due to be treated for renal failure the following day, a court has heard.

PC Mary Ellen Bettley-Smith denies assaulting Dalian Atkinson before he was killed in Telford in 2016.

The second officer, Benjamin Monk, was previously convicted of manslaughter.

A trial at Birmingham Crown Court heard 48-year-old Mr Atkinson, a former Aston Villa player, was in a disturbed mental state due to his health conditions.

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

His former partner, Karen Wright, said he had mentioned "the messiah" on 14 August and removed a dialysis line which had left him in constant pain.

The court heard his mental state was probably due to a build-up of toxins linked to renal failure.

Prosecutor Paul Jarvis said Ms Bettley-Smith, 32, and Monk responded after Mr Atkinson smashed a window at his father's home on Meadow Close in the early hours of 15 August.

He argued she acted unlawfully by striking Mr Atkinson with her baton when he had fallen to the ground after Monk discharged a third Taser cartridge.

While the prosecution acknowledged the encounter would have been "frightening" for the police officer, they argue she "lashed out" and while her actions did not contribute to his death, she caused Mr Atkinson actual bodily harm.

Mr Atkinson had health problems including kidney failure at the time of his death

Speaking in court, Ms Wright said her partner was "always a gentle, loving, lovely man" who was "very conscious of his health".

She said Mr Atkinson was "elated" to have been offered a private medical appointment later that day.

The court also heard a statement from Paul Atkinson, the former striker's brother, who said he last saw him a few hours before his death and he was "in a good mood because he was finally going to receive private medical treatment".

Ms Bettley-Smith denies assault, claiming she acted lawfully while trying to protect others.

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

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 continues.