This case involves an alleged assault by a Police Officer of an innocent member of the Public during the G20 riots on 1st April 2009.
You have seen video footage of the incident (see left)
I will now direct you as to the law:
The Officer is charged under the following statute
This is known as ABH and it requires the unlawful touching of a person which interferes with the health or comfort of the [victim]' (R v Miller  2 QB 282, Lynskey J @ 292).
It is an either way offence, and therefore unlike common assault, can be prosecuted at any time in either the Magistrates' Court or the Crown Court (subject to any delay becoming an abuse of the process, but that does not arise in this case because of the legitimate public interest in a prosecution in this very serious case).
This case has not been heard in the Magistrates' Court because of the seriousness of the allegation that a Police Officer assaulted a member of the public without cause.
Members of the Jury, the Crown Prosecution Service does not encourage, in its national charging guidelines, that this charge is brought where there are no serious injuries which require treatment (and as the cause of death is disputed, there were no immediate serious injuries, which can be said with certainty to have been caused by the initial assault) and the CPS might have brought a charge of common assault, which does not require any proof of actual bodily harm, but they have quite properly brought an ABH charge in this case, contrary to their own guidelines, because the delay in them and the IPCC considering this case, has caused a lesser charge of common assault to be unavailable. I commend the DPP in breaching his own guidelines in the public interest and in the interests of justice.
The Crown also considered manslaughter but properly concluded that they could not prosecute because of a dispute over the medical cause of death.
So members of the jury, you have seen the video and you have been directed as to the law...would you like to retire to consider your verdict..............