Miss-Delectable
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http://www.sunderlandtoday.co.uk/ViewArticle.aspx?ArticleID=2054250&SectionID=1107
A DEAF man arrested after police mistook sign language for an obscene gesture has lost his court battle for compensation.
Shaun Phuprate, of Town End Farm, was handcuffed and hauled before magistrates for making a two-finger salute at officers in Sunderland.
The now 26-year-old insisted he was making the sign for "I am deaf" and had not been rude.
When his younger brother Michael, 25, stepped in to the late-night row he too was arrested and the pair spent the night in the cells.
Today the pair said they had been left disappointed and remained "frustrated" by the outcome of the case.
When the brothers originally came to court in 2002 Shaun was cleared of being drunk and disorderly and a case of causing alarm or distress against Michael was also thrown out.
At the hearing, magistrates launched a stinging attack on the officers who arrested the pair.
Chairman of the bench Alan Le Marinel said he and his colleagues had "severe reservations" that Shaun was correctly arrested in the first place.
He said: "He cannot possibly have understood any caution that was given or the reasons for his arrest."
The court heard Pcs Steve Hawkins and Richie Smith had been on patrol in Sunderland when they came across the brothers, who had just got out of a taxi.
Pc Hawkins told the court Shaun had been standing in the middle of the road, eating a pizza, and had forced a car to stop.
He said he had mouthed an obscenity at the officers before walking to the kerb where he raised his fingers in an obscene gesture.
Pc Hawkins said Shaun had sworn at him, then pushed him away.
But at the hearing five years ago, solicitor Willie Johnstone said Shaun had put his fingers to his ear, the British Sign Language signal for "I am deaf".
Shaun has been deaf since birth with no speech, so could not have sworn, said Mr Johnstone.
Pc Smith said Michael had sworn at him and refused to calm down when his brother was arrested.
The brothers were back in court yesterday where they launched a wrongful arrest claim against the Chief Constable of Northumbria Police.
But their case was lost when jurors at Newcastle County Court found it was "more probable than not" officers believed Shaun had made an obscene hand gesture.
Jurors found it was "more probable than not" the officers believed Shaun had mouthed an obscenity towards them and "more probably than not" that officers believed Shaun was drunk.
The eight men and women also found it "more probable than not" that Michael was given fair warning to calm down and stop his conduct before he was arrested.
Judge Tim Hewitt said the four hours the brothers spent locked up before being released in the early hours was not excessive.
He made an order for the brothers to pay the force's defence costs, but the order will not be enforced in light of their financial circumstances.
Signing to Michael, Shaun said: "The international sign for "I am deaf" is to lift two fingers up to the ear.
"My fingers were actually together but the policeman obviously thought I was giving him a V sign."
The brothers said yesterday they were disappointed at the outcome of the hearing.
A DEAF man arrested after police mistook sign language for an obscene gesture has lost his court battle for compensation.
Shaun Phuprate, of Town End Farm, was handcuffed and hauled before magistrates for making a two-finger salute at officers in Sunderland.
The now 26-year-old insisted he was making the sign for "I am deaf" and had not been rude.
When his younger brother Michael, 25, stepped in to the late-night row he too was arrested and the pair spent the night in the cells.
Today the pair said they had been left disappointed and remained "frustrated" by the outcome of the case.
When the brothers originally came to court in 2002 Shaun was cleared of being drunk and disorderly and a case of causing alarm or distress against Michael was also thrown out.
At the hearing, magistrates launched a stinging attack on the officers who arrested the pair.
Chairman of the bench Alan Le Marinel said he and his colleagues had "severe reservations" that Shaun was correctly arrested in the first place.
He said: "He cannot possibly have understood any caution that was given or the reasons for his arrest."
The court heard Pcs Steve Hawkins and Richie Smith had been on patrol in Sunderland when they came across the brothers, who had just got out of a taxi.
Pc Hawkins told the court Shaun had been standing in the middle of the road, eating a pizza, and had forced a car to stop.
He said he had mouthed an obscenity at the officers before walking to the kerb where he raised his fingers in an obscene gesture.
Pc Hawkins said Shaun had sworn at him, then pushed him away.
But at the hearing five years ago, solicitor Willie Johnstone said Shaun had put his fingers to his ear, the British Sign Language signal for "I am deaf".
Shaun has been deaf since birth with no speech, so could not have sworn, said Mr Johnstone.
Pc Smith said Michael had sworn at him and refused to calm down when his brother was arrested.
The brothers were back in court yesterday where they launched a wrongful arrest claim against the Chief Constable of Northumbria Police.
But their case was lost when jurors at Newcastle County Court found it was "more probable than not" officers believed Shaun had made an obscene hand gesture.
Jurors found it was "more probable than not" the officers believed Shaun had mouthed an obscenity towards them and "more probably than not" that officers believed Shaun was drunk.
The eight men and women also found it "more probable than not" that Michael was given fair warning to calm down and stop his conduct before he was arrested.
Judge Tim Hewitt said the four hours the brothers spent locked up before being released in the early hours was not excessive.
He made an order for the brothers to pay the force's defence costs, but the order will not be enforced in light of their financial circumstances.
Signing to Michael, Shaun said: "The international sign for "I am deaf" is to lift two fingers up to the ear.
"My fingers were actually together but the policeman obviously thought I was giving him a V sign."
The brothers said yesterday they were disappointed at the outcome of the hearing.
