SerpApi.Org
A white man who was charged with assaulting a police officer has had the case against him dropped following a row about two-tier policing.
Cody Harper, 20, was arrested after being assaulted by two black men in the early hours of June 21 in Birmingham.
Footage shared on social media showed Mr Harper being pushed to the ground by one man while another tried to punch him in the back of the head.
A female West Midlands Police (WMP) officer then appears to push Mr Harper against a wall as he is getting up, to which he reacts by swinging his arm and punching her in the head.
He was initially charged with assault on an emergency worker by the force and was set to appear at Birmingham magistrates’ court on Thursday.
However, the Crown Prosecution Service (CPS) has dropped the case against Mr Harper after concluding there was “insufficient evidence” to prosecute him.
It is understood that the video footage that went viral following his arrest undermined the suggestion he knew he was assaulting a police officer.
In it, he can be seen getting to his feet, seconds after being attacked, when he is pushed into the wall and swings out at the officer.
As a result, prosecutors could not realistically have proved he was assaulting a police officer, meaning the case had to be discontinued.
Insufficient evidence
A CPS spokesman said: “Following a careful review of all the evidence, including video footage of the incident, we concluded there was insufficient evidence to prosecute the suspect for assaulting a police officer.
“We have therefore stopped proceedings and written to both the suspect and the complainant confirming this.
“We recognise assaults committed against emergency workers are abhorrent crimes, both against the victim and against society as a whole.”
In response, WMP said its arrest of Mr Harper was “lawful and came after a police officer conducting her duties was hit”.
The force revealed that since the incident, it had identified the two men who attacked Mr Harper.
However, after being interviewed under caution, neither was charged with any kind of assault and were instead given out-of-court disposals.
Chris Philp, the shadow home secretary, described the events as a “blatant example of two-tier policing”.
He told The Telegraph: “[WMP] let two thugs from ethnic minority backgrounds off with a slap on the wrist while attempting to prosecute a third man – who had himself been attacked – who was white.
“Only the intervention of the CPS thankfully stopped this from proceeding.
“Everyone should be treated the same regardless of skin colour. But the extremist and misnamed ‘anti-racist’ ideology that some police leaders have signed up to brazenly calls for people to be treated differently based on skin colour.
“Police leaders should urgently ditch this dangerous and racist nonsense and just treat everyone the same.”
Robert Jenrick, the Reform UK MP who raised the case in Parliament, said the WMP had “mishandled it from the very start”.
He told The Telegraph: “Even now the police appear to be in denial.
“It is mind-boggling that Cody Harper was charged – after footage exonerating him was released – while the two men who assaulted him were allowed off with a slap on the wrist.
“When I raised this case in parliament, I was heckled by Labour and Tory MPs. But my position has been vindicated. It is high time the Home Secretary summoned the Chief Constable and admit this was another appalling case of two-tier policing.”
WMP was previously accused of two-tier policing after it banned Maccabi Tel Aviv fans from attending a Uefa Europa League football match against Aston Villa in November.
The force apologised for misleading the public and politicians and for failing to engage properly with the local Jewish community.
Craig Guildford, who was the force’s chief, retired in January as a result of the fiasco after Downing Street and the Home Secretary said they had lost confidence in his leadership.
The same force was embroiled in another controversy after repeatedly challenging a woman who was silently praying outside an abortion clinic.
Recommended
Police chief behind Maccabi Tel Aviv row handed £57k payout
A force spokesman said: “We acknowledge and respect the decision of the CPS to discontinue the case against Cody Harper, as there was insufficient evidence to provide a realistic prospect of conviction.
“The arrest that was carried out in the early hours of 21 June was lawful and came after a police officer conducting her duties was hit.
“This was a spontaneous incident, on a busy street in Birmingham city centre, with officers dealing with a number of incidents in a short period of time.”
The force added: “As a result of further footage being released, a further assault was recorded and an investigation was carried out.
“The victim in that offence chose not to make a statement to officers, but we were able to identify the offenders as a result of our investigation.
“Two men were interviewed under caution for that offence and have now been given out of court disposals.
“Our officers work 24/7 to keep the public safe in often hostile, demanding and challenging circumstances, and that work continues.”
