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Plebgate: Andrew Mitchell loses High Court libel action Plebgate: Andrew Mitchell loses High Court libel action
(about 1 hour later)
A High Court judge has ruled former Government chief whip Andrew Mitchell probably call police officers "f****** plebs" after they refused to allow him to cycle through Downing Street's main gates.A High Court judge has ruled former Government chief whip Andrew Mitchell probably call police officers "f****** plebs" after they refused to allow him to cycle through Downing Street's main gates.
Mr Mitchell today said he was "bitterly disappointed" after losing his libel action against News Group Newspapers (NGN) over the 2012 "Plebgate" incident after Mr Justice Mitting ruled that "on the balance of probabilities" the politician did use the "potentially toxic" word.Mr Mitchell today said he was "bitterly disappointed" after losing his libel action against News Group Newspapers (NGN) over the 2012 "Plebgate" incident after Mr Justice Mitting ruled that "on the balance of probabilities" the politician did use the "potentially toxic" word.
The 58-year-old MP for Sutton Coldfield had sued NGN over a story in The Sun in September 2012 which said he used the phrase during the incident at the gates.The 58-year-old MP for Sutton Coldfield had sued NGN over a story in The Sun in September 2012 which said he used the phrase during the incident at the gates.
NGN said it based its report, which it said was substantially true, on the account given in his log by Pc Toby Rowland.NGN said it based its report, which it said was substantially true, on the account given in his log by Pc Toby Rowland.
Giving his ruling, Mr Justice Mitting said: "For the reasons given I am satisfied at least on the balance of probabilities that Mr Mitchell did speak the words alleged or something so close to them as to amount to the same including the politically toxic word pleb."Giving his ruling, Mr Justice Mitting said: "For the reasons given I am satisfied at least on the balance of probabilities that Mr Mitchell did speak the words alleged or something so close to them as to amount to the same including the politically toxic word pleb."
The officer claimed statements made by Mr Mitchell from December 2012 onwards falsely suggested he had fabricated his allegations.The officer claimed statements made by Mr Mitchell from December 2012 onwards falsely suggested he had fabricated his allegations.
Mr Mitchell, who resigned as whip a month after the altercation, denied saying: "Best you learn your f****** place - you don't run this f****** government - you're f****** plebs."Mr Mitchell, who resigned as whip a month after the altercation, denied saying: "Best you learn your f****** place - you don't run this f****** government - you're f****** plebs."
CCTV of Andrew Mitchell (bottom left) approaching officers prior to an exchange with Metropolitan police officers at the gates of Downing StreetCCTV of Andrew Mitchell (bottom left) approaching officers prior to an exchange with Metropolitan police officers at the gates of Downing Street
He told the judge: "I did not say those words. I would never call a policeman a pleb, let alone a f******* pleb."He told the judge: "I did not say those words. I would never call a policeman a pleb, let alone a f******* pleb."
He accepted he muttered under his breath but audibly: "I thought you lot were supposed to f****** help us", but not at the officer.He accepted he muttered under his breath but audibly: "I thought you lot were supposed to f****** help us", but not at the officer.
He said he was in a hurry to get to the Carlton Club that evening and was expecting to be let through as he had been without difficulty that morning and after lunch. He said he was in a hurry to get to the Carlton Club that evening and was expecting to be let through as he had been without difficulty earlier in the day.
He thought it "extremely odd" when he was issued with a warning under the Public Order Act by Pc Rowland, but apologised to the officer for his language the next day.He thought it "extremely odd" when he was issued with a warning under the Public Order Act by Pc Rowland, but apologised to the officer for his language the next day.
Mr Mitchell agreed the chief whip's role required a mixture of charm and menace and that he could occasionally be abrasive.Mr Mitchell agreed the chief whip's role required a mixture of charm and menace and that he could occasionally be abrasive.
But he said he did not merit the "extraordinary tsunami of vitriol which descended on my head over a prolonged period of time".But he said he did not merit the "extraordinary tsunami of vitriol which descended on my head over a prolonged period of time".
His counsel, James Price QC, said a "web of lies, deceit and indiscipline" by police officers led to a press campaign and public hostility and the version of the encounter which was leaked to the newspaper by a number of officers was "wholly false".His counsel, James Price QC, said a "web of lies, deceit and indiscipline" by police officers led to a press campaign and public hostility and the version of the encounter which was leaked to the newspaper by a number of officers was "wholly false".
Mr Price said: "In the end, the lies brought Mr Mitchell down, destroying a political career of 27 years."Mr Price said: "In the end, the lies brought Mr Mitchell down, destroying a political career of 27 years."
Statements supplied in court by a range of people, from musician Bob Geldof to painter and decorator Richard Robinson, showed he was not a "Tory toff", who would think of putting someone down because of their class, social background or occupational status by use of a "toxic and class-laden" expression like pleb.
But Desmond Browne QC, for Pc Rowland, claimed Mr Mitchell was a "Jekyll and Hyde" character whose capacity for menace found its outlet in foul temper and foul language.
He said the MP was regularly let through the vehicle gates, in the face of the security policy, because of the "unpleasant fuss" he made.
Pc Rowland said he did not know who Mr Mitchell was when he saw the "agitated" MP having a disagreement with a fellow officer and went to speak to him.Pc Rowland said he did not know who Mr Mitchell was when he saw the "agitated" MP having a disagreement with a fellow officer and went to speak to him.
"I was perfectly calm, perfectly polite. It is quite common to have disagreements about entrances and times people can come and go.""I was perfectly calm, perfectly polite. It is quite common to have disagreements about entrances and times people can come and go."
He claimed that members of the public were within earshot and visibly shocked when Mr Mitchell swore, which prompted the "correct, proportionate and very necessary" warning.He claimed that members of the public were within earshot and visibly shocked when Mr Mitchell swore, which prompted the "correct, proportionate and very necessary" warning.
He denied that his account was an invention to "cover my arse" and justify giving a Cabinet minister a warning, maintaining that he recorded exactly what happened when it was fresh in his mind.He denied that his account was an invention to "cover my arse" and justify giving a Cabinet minister a warning, maintaining that he recorded exactly what happened when it was fresh in his mind.
In his ruling Mr Justice Mitting said Pc Rowland was "not the sort of man who would have had the wit, imagination or inclination to invent on the spur of the moment an account of what a senior politician had said to him in temper". In his ruling Mr Justice Mitting rejected that there was collusion by the officers on the gate that night and said Pc Rowland was "not the sort of man who would have had the wit, imagination or inclination to invent on the spur of the moment an account of what a senior politician had said to him in temper".
The judge rejected the allegation that there was collusion by the officers on the gate that night.
Steve White, chair of the Police Federation of England and Wales, said: "We are pleased that the judge has ruled in Pc Toby Rowland's favour. Toby's name has been cleared and his integrity restored.Steve White, chair of the Police Federation of England and Wales, said: "We are pleased that the judge has ruled in Pc Toby Rowland's favour. Toby's name has been cleared and his integrity restored.
"Toby has conducted himself with dignity and professionalism in relation to this incident and subsequent inquiries and legal cases."Toby has conducted himself with dignity and professionalism in relation to this incident and subsequent inquiries and legal cases.
"It is important that this incident is now brought to a close to allow Toby and his family to look to the future.""It is important that this incident is now brought to a close to allow Toby and his family to look to the future."
After the judgment, Mr Browne said Mr Mitchell had shown a total lack of contrition and his refusal to drop his allegations of fabrication and collusion against Pc Rowland had a "devastating" effect on the officer's family.
Asking for damages to be assessed and an injunction, he said it would be "monstrous" if there was any repetition.
Gavin Millar QC, for NGN, asked for Mr Mitchell's claim to be dismissed on the basis of the judge's findings of fact which meant that the defence of justification succeeded.Gavin Millar QC, for NGN, asked for Mr Mitchell's claim to be dismissed on the basis of the judge's findings of fact which meant that the defence of justification succeeded.
Mr Mitchell, sitting next to his wife, Sharon Bennett, remained impassive as his counsel said that, although the judgment "decides obviously and clearly the critical issue against us", it required further careful consideration to determine where it left the litigation.Mr Mitchell, sitting next to his wife, Sharon Bennett, remained impassive as his counsel said that, although the judgment "decides obviously and clearly the critical issue against us", it required further careful consideration to determine where it left the litigation.
He said it was obvious that there was "not the slightest question" of Mr Mitchell making any further accusation against Pc Rowland and there was no need for an injunction as an undertaking would be forthcoming if required.He said it was obvious that there was "not the slightest question" of Mr Mitchell making any further accusation against Pc Rowland and there was no need for an injunction as an undertaking would be forthcoming if required.
Additional reporting by PAAdditional reporting by PA