Edric Kennedy-Macfoy - Firefighter tasered whilst trying to assist Police

Scotland Yard has yet again found itself in another alleged racism case, this time involving a Black off duty fire-fighter. The complaint was lodged by Edric Kennedy-Macfoy, 28, from north London who claimed he was targeted because of his skin colour, abused, assaulted and shot with a stun gun.

Mr Kennedy-Macfoy’s complaint is now the 10th case involving alleged racism known to have been referred to the official police watchdog in the last three weeks.

The incident happened around 3.30am on 4th September 2011 whilst Mr Kennedy-Macfoy was driving through Harrow. He saw a young man hurl a rock at a police van, and tried to offer assistance to the police by noting a description of the young man. Kennedy–Macfoy, who also happened to train as a police constable, flagged down the police van driver and then proceeded to approach a line of officers to pass on the information.

Kennedy–Macfoy was unaware that the police were dealing with the aftermath of a party that had been closed down leading to police being subjected to a hail to bottles and bricks. He pulled up behind a police van when he noticed a young man pick up a rock.

Kennedy-MacFoy said,

He launched it at this police van window and I was actually scared for whoever was in the police van. I knew it was occupied because the reverse lights kept on coming on and off.

According to Kennedy-Macfoy’s complaint, he noted a description of the young man and tried to pass on that information when the van driver was turning the vehicle, but the van driver did not let me, shouting “Fuck off you prick”.

The van driver drove away when Kennedy-Macfoy drove closer to the police cordon. He said he pulled up to the police for three reasons: to relay the description of the young man who had thrown the rock, request the badge number of the van driver who he alleged swore at him, and to ask for the quickest route home.

Kennedy–Macfoy was then horror-struck at what happened next.

Before he was able to relay this information, he alleges officers began “hurling abuse” at him, charging at his car and grabbing him “viciously” through the car window, the officers were behaving like “wild animals” and subjected him to a “violent” attack, ultimately shooting him with a stun gun.

Kennedy-Macfoy said that he showed them his palms, telling them,

Listen guys, I haven’t done anything wrong. I’m a fire fighter – I work with you lot and I just want to explain something. I’ve showed no aggression toward any of you.

A stun gun was then discharged at him, when he alleges he was walking backwards with his hands in the air, and most shocking of all, Kennedy-Macfoy was then charged for obstructing the police.

His trial took place place in February 2012 at Brent Magistrates Court. Lasting two days, Inspector David Bergum, who was present on the night, said his officers were in a “stressful” situation and had been dealing with a group of partygoers who had been throwing missiles at them.

He said in relation to Kennedy-Macfoy,

I couldn’t say he was anything to do with the party. The party was all black. He was black. He had driven through the cordon. I had to do a quick risk assessment.

Despite evidence against him by several police officers, Kennedy-Macfoy was acquitted on 7th February 2012. Had he been found guilty, he would have lost his job.

Shortly after the attack, Kennedy-Macfoy made a complaint against the police about his treatment and he believes it is because of his race.

There are currently twelve cases of alleged racism under investigation, of which six are being investigated internally by the Metropolitan police, whilst the other six are being investigated by the Independent Police Complaints Commission (IPCC). Add to this Kennedy- Macfoy’s complaint which is against six police officers, this now brings the total number of Met officers currently under investigation for alleged racism to 26.

Kennedy – Macfoy left the Hendon Police Training Academy in 2005 because his mother became ill with cancer, and said he hoped his complaint would make police “think twice” before stereotyping black men.

Although he has worked alongside police officers “almost everyday” for six years, and has many close friends in the police, he said he had struggled to return to work as a fire-fighter since the incident.

On the night of the experience he was wearing a three piece pinstriped suit whilst driving his white Audi when he encountered the police roadblock and assumed there had been a traffic accident.

The Met officer who discharged the gun said that he did not warn Kennedy – Macfoy he was about to be shot- which is a contravention of Home Office guidelines. In addition, the Met are supposed to refer all complaints involving the use of taser stun guns to the IPCC, but this case was not dealt with for several months. The Met said this was due to an “oversight”.

Kennedy-Macfoy said he might not have pursued his case if police had not sought to prosecute him – a move he alleges required them to "concoct false accounts of events" to justify their actions.

He said, "People make mistakes; you've got good cops and bad cops. People act differently under pressure. If at that point they had just said: 'Mate, so sorry – we have been dealing with this party and got it totally wrong,' I really wouldn't have pursued anything. I still would have been pissed off, but I would have accepted their apology and their acknowledgement that they had messed up."

Kennedy-Macfoy's solicitor, Shamik Dutta, of Bhatt Murphy Solicitors, voiced concerns at his client's allegations, saying,

The question many people are bound to ask is why an off-duty firefighter, wearing a pinstriped suit and offering assistance to the police, should have been dragged from his car, shot with a Taser, locked up for many hours and then prosecuted for an offence he did not commit by the very officers he was trying to help. Our client now expects a comprehensive investigation which examines what role his race has had in the horrific events he has been forced to suffer.

Alex Boadi