- Originally published in the Press Association February 23, 2005
By: Phil Hazlewood, PA
Independent investigators are to look into a long-running complaint from a black driver that he is repeatedly stopped by police, it was announced today.
DJ and actor Carl Josephs claims that West Midlands Police have stopped him four times in the past 12 months and 57 times in the previous 11 years.
Mr Josephs, 33, from Bromford Bridge, Birmingham, has claimed in the past that he is being victimised because of his colour.
He is being supported in his complaint by human rights group Liberty.
John Crawley, from the Independent Police Complaints Commission, said: "I have decided the Commission should investigate this matter directly because of the seriousness of the allegations - of harassment and racial discrimination - Mr Josephs has made.
"There is a clear public interest in ensuring that the investigation is demonstrably thorough and impartial.
"There has already been extensive media interest in Mr Josephs' complaints, and I consider it important that we sustain public confidence in the complaints system and in the appropriate and proportionate use of police stop powers by conducting a fair, impartial and independent investigation into what has happened here."
The complaint will be looked at by IPCC investigators and led by IPCC deputy senior investigator Malcolm Niblo, overseen by Mr Crawley.
In February 1999, Mr Josephs unsuccessfully sued West Midlands Police for racial harassment, false imprisonment and unlawful arrest after claiming officers continually stopped him in his car.
In October 1999, he handed his MoT certificate, insurance papers and driving licence to the force for "safekeeping".
James Welch, Liberty's legal director, told the Press Association: "We are very pleased that the IPCC are taking up this matter and conducting an investigation.
"We have helped (Mr Josephs) make his complaint and we will assist him as necessary whilst the IPCC investigate."
In 2001, Liberty said they were hoping to use the then-newly introduced Human Rights Act to challenge police stop and search powers, citing article eight, an individual's right to privacy, and article 14, the right not to be discriminated against.
Mr Welch said in Mr Josephs' case, the issue was whether they were being exercised in a "discriminatory manner".
West Midlands Police said it would be inappropriate to comment until the investigation was complete.
Mr Josephs said later he would be "chuffed" if the IPCC found in his favour and described the last 11 years as a "nightmare".
He said that when he was summonsed to court on alleged driving infringements, the cases collapsed after numerous adjournments.
He claimed he was being victimised because he was black and outspoken and questioned the amount of taxpayers' money spent over the last 11 years in prosecuting him.
"I go all over the country - London, Manchester, Liverpool, Nottingham, everywhere - I've never ever been stopped outside Birmingham," he told local radio station BBC WM.
"What does that tell you?"
Earlier this month, the IPCC said West Midlands Police acted unlawfully in stopping and searching an Asian man and his son in Wolverhampton using public order legislation.