A man who was dragged naked, bloodied and bruised into the street by a team of 19 police officers who stormed his house has been awarded a five-figure payout.
Stephen Whenary, 42, was pulled from the shower, beaten around the head with a baton, sprayed with CS gas and arrested after police received a report he had been arguing with his partner, the ex wife of an officer, in 2005.
Outraged by his extensive injuries Mr Whenary embarked on a bitter six-year campaign for justice and sued Cleveland Police for assault, false imprisonment and malicious prosecution.
The self-employed builder was unable to return to work for 13 weeks due to the the extent of his injures as well as the psychological trauma.
At the time of the attack Mr Whenary was living with Lynne, who has been married to a police officer.
He was originally charged with assaulting a police officer and resisting arrest.
However, the case was thrown out by a judge after ruling that police evidence presented during the four-day trial was riddled with discrepancies.
After the force agreed to settle out of court Mr Whenary said: 'I’m glad it is all over now.
'It was never about the money it was always going to be about getting them to apologise for what they did to me. Sadly, I am still waiting for them to actually say sorry.
'It is still with me every single day but hopefully I will get my life back on track.
'For six years I have struggled to work because of the psychological damage that I have suffered as a result of the attack.
'I just try not to think about it too much and try to live my life as best I can.'
The incident happened at about 5.30pm on Sunday, August 21 2005 when police were called by a neighbour after hearing the defendant and his partner arguing.
It is unclear why the couple were arguing.
Mr Whenary suffered a cut to the back of his head, lacerations to his shoulders, a large bruise on his arm, deep cuts on his feet and minor cuts and abrasions on his wrists.
Despite the trauma of the injuries he received, his relationship with Lynne survived and the pair married five years ago.
Mr Whenary added: 'There was no way that I was going to let them beat me.
'It all put a lot of stress and strain on our relationship but we got through it and we are now happily married.
'We had to move out of the house where it all took place because there were just too many bad memories, but now we are in a new house, we are able to put it behind us.'
In December 2007, following an 18-month investigation carried out by the same force, the Independent Police Complaints Commission ruled the officers had no case to answer and would not face criminal or misconduct charges.
It was revealed that the only officer to face a reprimand was PC Shaun Mahaffey, who received a superintendent’s warning after he went on holiday instead of giving evidence at the trial.
It was PC Mahaffey who was alleged in court to have smashed the shower door and hit Mr Whenary over the head with his baton.
At Mr Whenary’s trial in May 2006, the court was told that at one point, there were 19 officers in the house in Pine Street, Norton, near Stockton, Stockton-on-Tees, three of whom have never been traced.
The court heard that nearly every officer in Stockton responded when a police constable put out a call for help.
District Judge Roger Elsey was told that Mr Whenary was pulled from the shower and beaten about the head with a baton after he acted with alleged ‘superhuman’ strength.
He was then dragged outside, naked and bleeding.
Mr Whenary’s solicitor, Scott Taylor, of Taylor Goodchild, said: 'This has been a long protracted process but our client was determined to get the force to take responsibility for what happened and apologise for the injuries and mental trauma that it cause to him and his wife.'
Following the collapse of the trial, an investigation was launched by the force’s Chief Constable Sean Price, who is currently suspended after he was arrested last August and held on suspicion of misconduct in a public office, fraud by abuse of position and corrupt practice.
He has always denied the claims and is planning to take civil action, claiming unlawful arrest, false imprisonment and trespass.
A spokesman for Cleveland Police said: 'An out of court settlement was agreed between both parties before any mediation process took place.
'Cleveland Police believe that the arrest and initial use of CS spray were lawful and proportionate to the circumstances.
'The claim was settled as we acknowledged that there had been a misunderstanding during the incident as to whether Mr Whenary was in possession of a CS canister which an officer believed had been taken from him.
'Following a complaint made by Mr Whenary, our Professional Standards Department found the complaint to be unsubstantiated.
'This was upheld by the IPCC and therefore there were no disciplinary or criminal matters against any officer arising out of this complaint.
'We hope that following this settlement all parties can now move on from this unfortunate incident.'
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