A Metropolitan Police officer drew his pepper spray in an angry standoff with a father while trying to break up a child’s birthday party during last January’s Covidlockdown, a court has heard.
PCs Ian Peters and Daniel Gillard went to investigate after spying six men sitting in the living room of a Hornchurch house and were met by homeowner Patrick Stokes on the doorstep.
When Stokes, 28, refused to let officers into the property, PC Peters wedged his foot in the door and pulled out police-issue PAVA pepper spray which he threatened to use it on Stokes, Westminster magistrates court heard.
The officers saw around 20 people - including children carrying party balloons - leaving from the back of the house during the stand-off, which lasted almost an hour and a half.
Stokes and his partner admitted hosting a birthday party for their daughter, the court heard, but insisted to police that it was allowed under the lockdown rules as the family were “in bubbles”.
Details of the incident emerged this week after Stokes was prosecuted and convicted of breaking the Covid rules, landing him with a £1,100 fine.
PC Peters said the incident began at around 5pm on January 31 last year, when they saw “males sat watching the TV” through the lounge window.
He said a “belligerent” Stokes claimed everyone in the house lived there and they “did not need to prove it”, while the officer “made it clear I was not going to leave until the matter was resolved”.
“Stokes was pointing out that it was his house and that the immediate family were his support bubble. He then stated that there were 8 people who lived in his house”, the PC said in his written statement.
“I then kept my foot over his threshold and kept repeating myself and encouraging everyone who lived elsewhere to leave.”
PC Peters said Stokes was “trying to close the door on me”, and he then learned that a child’s birthday party was taking place inside.
The officer, who conceded he was not wearing his face mask fully over his nose, continued: “For the next ten minutes I stayed at the door and was aware that people inside the house were slowly filtering out of the house.
“I looked to my right at one point and saw a number of the group who had been inside the house now coming out of the service ally beside the house.
“The stalemate remained for some time but people kept slowly leaving so under Common Law, Breach of the Peace, it was my intention to remain until everyone had left.
“Stokes then started to get angry and started to push the door closed. At this point my foot was still across the threshold so I could feel pain in my foot.
“I kept giving Stokes clear instructions to step back from the door but he pushed even harder. Using Common Law to protect myself I drew my PAVA spray and told him that I would use the spray against him if he carried on pushing the door against my foot.
“Lots of people inside the hallway seemed to be telling Stokes to stop hurting me and when he released the pressure things then calmed down. Once the threat had completely abated I then replaced my PAVA.”
Police handed to the court a series of video clips of the incident, including footage of children playing and shots of an elderly couple leaving the property.
PC Peters said one of the clips included “a young girl in a party dress tidying up after the party and a small child asking ‘When is my mummy picking me up’ which intimated that he did not live there.”
PC Gillard, who also provided a statement, said Stokes was “very defensive” when questioned about Covid restrictions, concluding: “I believe this was due to the fact he knew he was breaching the legislation.”
The Met Police use of Covid powers has been under scrutiny throughout the pandemic, and has intensified thanks to the Partygate scandal which is currently engulfing Downing Street.
In November last year, the Evening Standard reported how police officers drew their Tasers and “red-dotted” staff at Joe and the Juice in Soho, when they suspected an illegal lockdown party was underway.
However the prosecution of one of the members of staff was ultimately abandoned when it came to court.
Stokes did not pay the initial £800 fine he was given by police over the birthday party, and the penalty was increased to £1,100 when the case came before a magistrate.
He did not enter a plea and was convicted under the Single Justice Procedure on April 13, with a magistrate also ordering him to pay £220 in court costs and fees.