A judge has questioned why a pair of yobs who attacked two police officers, one ‘fly-kicking’ a female officer into the path of a moving bus, were not charged with more serious offences.
A video of the shocking attack went viral, prompting a national debate on how members of the public could stand by and watch the assault happen and just film it without intervening.
Both of the thugs today pleaded guilty to the assault which left one policeman with a broken rib and the female officer with a cut to the back of the head.
The mum has still not returned to work, since the attack on November 17.
Today, Kingston Crown Court was told that Kersan Euaell, 20, has an extensive criminal record, including other assaults on police officers, going back to 2011.
His pal 19 year old pal Martin Payne’s first conviction in 2014 was for attacking a police officer while resisting arrest.
After the Crown accepted their pleas, Judge Sarah Plaschkes QC raised concerns over why the Crown Prosecution Service had not charged the pair with more serious assault charges before adjourning the case for reports to be made on the pair.
She said the ABH charges carried a maximum of five years in prison and added: “The court is concerned if these counts reflect the full criminality of this offence.
“These offences were committed on the street at night in the presence of members of the public.
“I’m not giving any indication one way or another as to the court’s eventual sentence.
“I’ve indicated already my concern. As I say it’s a matter for the Crown.”
Earlier the court heard that Euell kicked PC Lorraine McGinty in the back of the head and fractured one of PC John Collins ribs after they pulled over their BMW in a routine check.
Met Police commissioner Cressida Dick called on the public to “get involved” if they see police officers being attacked in the wake of the attack.
Bespectacled Euell, of Catford, south east London, pleaded guilty to two counts of assault occasioning actual bodily harm (ABH) at Kingston Crown Court.
Driver Martin Payne, 19, of New Malden, south west London, who wore a bandage around his left wrist in the dock, admitted ABH against PC Collins as well as driving without insurance or licence during the incident.
They were remanded in custody ahead of sentencing in January when the horrifying footage of the attack in Merton, south London, will be played in court.
Prosecutor Stephen Apted said: “This incident took place shortly before eight in the evening on the 17th of November this year.
“When PCs McGinty and Collins carried out a routine traffic stop of a BMW motor vehicle in which Payne was the driver and Euell was one of the passengers.
“During the course of that routine stop the officers were assaulted.
“PC McGinty sustained a wound to the back of her head and PC Collins sustained cuts and grazing, an injury to his finger as well as a fractured rib.
“To my knowledge PC McGinty has still not returned to work.”
She told the court both defendants had a long criminal history including assaulting police officers, robbery and of violence.
Of Euell, Judge Plaschkes QC said: “He has a history, albeit he’s only 20, of previous convictions going back to 2011 for attempted robbery, batter, further counts of battery and robbery.
“Through 2012… there’s a history of failing to comply with court orders, burglary and offences of assaulting police officers.
“On the 24th of September 2013 he appeared before South London Juvenile court for possession of an offensive weapon in a public place, an offence of robbery and an offence of assaulting a constable.”
Euell, who will be subject to psychiatric reports before his sentencing, was given a detention order in 2016 for possessing a weapon in public and assaulting a police constable on April 26 that year.
The judge said his most recent conviction was in April last year and added: “So in this circumstances I’m minded to to adjourn for a pre sentence report.
“Mr Payne also has a long list of previous convictions.”
His earliest was “assault with intent to resist arrest, robbery, theft, possessing a prohibited weapon and affray in 2014.
“Breaching a Criminal Behaviour Order, violent disorder, possessing an offensive weapon in 2016.
“Further offences – I needn’t specify them all. I think his most recent offence is for drugs offences.”
Thomas Broomfield, defence barrister for Euell, said psychiatric reports will be made on him ahead of sentencing on January 21.
He and barrister Brian Kennedy, for Payne, both applied for pre-sentence reports to be made on the defendants.
By Berny Torre
