Raoul Moat shooting: Family of PC David Rathband lose negligence case

Family spokesman Robin Palmer speaks to the media outside Newcastle Crown Court. Picture: Getty Images

The family of PC David Rathband, who was shot and blinded by gunman Raoul Moat, have lost a High Court negligence case against his former employer and have been ordered to pay at least Â£100,000 costs.

Mr Justice Males found that Northumbria Police was not negligent in failing to pass on a warning that Moat had called 999 and threatened he was “hunting for officers”.

Less than nine minutes after the call Pc Rathband was alone on a roundabout above the A1 in Newcastle when Moat blasted him twice in the face.

The judge said he was “desperately unlucky to be the victim of Moat’s cruelty and hatred” and he was surprised he survived the attack in July 2010.

But he ruled Superintendent Jo Farrell, in charge of the manhunt for the murderer that night, was not negligent by not immediately warning officers of the threat. And even if she had ordered it to be sent out, it might have been too late for Pc Rathband, who killed himself almost four years ago, to act upon.

Mr Justice Males said it was “well established law” that the police did not owe the public or officers a “private law duty of care” when making operational decisions, “particularly when such decisions have to be made under pressure of crime”.

Issuing such a warning could have adversely affected officers’ ability to protect the public throughout the force area on a busy night, the judge said.

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He ordered the claimants must pay the force’s costs with an interim payment of £100,000 due in 21 days.

The cost of the eight-day trial, which involved QC barristers on both sides, plus hundreds of hours of legal preparation, was not revealed. After the judgment was handed down at Newcastle’s Moot Hall, Pc Rathband’s sister Debbie Essery and his twin Darren hit out at the force.

Their statement said they were “disappointed although not surprised” by the judgment.

They said: “Mistakes were made, policies and procedures have been changed, that fact remains. The arrogance and insensitivity of Northumbria Police throughout has been cruel to say the least.

“The public perception appears to be that police officers are looked after by their own force, this was definitely not the case for David.”

Northumbria Police chief constable Steve Ashman said the judgment “emphatically” showed that Pc Rathband was not let down.

He said: “It was a tragic incident.”