Man wins right to lodge appeal against alleged ‘attack’ by police officer

SCOTLAND’S biggest force faces allegations its officers “abused, threatened with violence and assaulted” a man being driven to a station, following a Supreme Court ruling.

Kevin Ruddy, 33, has won a key stage in his eight-year, £10,000 civil action against the office of chief constable at Strathclyde Police and the Lord Advocate.

He claims the force breached article three of the European Convention of Human Rights (ECHR), which prohibits torture and inhumane or degrading treatment or punishment, through the alleged assault.

The second part of his case is that both Strathclyde Police and the Lord Advocate failed to effectively investigate his complaint.

Mr Ruddy was arrested on 5 September, 2004, and taken to Perth police station.

The next day two officers from Strathclyde arrived to take him to Partick station by car. He alleges he was abused en route.

Mr Ruddy’s lawyer, Tony Kelly, said: “He alleges he was punched by police officers and abused by them.

“He is suing for £10,000.

“That’s for the assault and the lack of an independent aspect to the investigation.”

Article six of the ECHR, which protects fair trial, gives people the right to an independent and impartial tribunal. Mr Ruddy’s complaint was investigated by a branch of Strathclyde Police.

Following his release, Mr Ruddy decided to take legal action against the then chief constable of Strathclyde, William Rae, and applied for legal aid.

Strathclyde Police treated the application as a complaint, an investigation was launched and a report was submitted to the procurator fiscal.