'Victory for common sense': Charges dropped against father arrested for confronting yobs
By Andrew Levy
Last updated at 8:56 AM on 30th September 2009
A father arrested after confronting teenage yobs who pelted his house with apples claimed a 'victory for common sense' yesterday when a court case against him was dropped.
Roland Digby, 49, was charged with common assault after he approached the gang and tried to restrain a youth in an attempt to make a citizen's arrest.
He was forced to retreat after 15 other teenagers joined the fray, leaving him with a split lip.
Five days later two police officers arrived at his home in Royston, Hertfordshire, and arrested him for common assault.
He spent several hours in a cell, had to make one court appearance, and lost three days of work before the Crown Prosecution Service discontinued the case yesterday as there was no realistic prospect of a prosecution.
Mr Digby, a father of three, immediately accused Hertfordshire Police of 'hounding me when they could have been catching real criminals'.
The courier driver added: 'Common sense seems to have at last prevailed. It's just a shame they had to put myself and my family through this first.
'It all comes down to the fact police did not come and get both sides of the story before they charged me.
'I had to spend five hours in a police cell when they first arrested me. I have never been in trouble in my life and I should not have gone through that.
'It was madness they even charged me and clearly madness they took me to court. This has been hanging over me for almost a month - it's been terrifying.'
Mr Digby was forced to take matters into his own hands after three consecutive nights of terror at the hands of the gang.
They first threw crab apples at his house on August 31, and again on September 1.
He and his wife Janette, 44, called the police but officers arrived hours later when the teenagers were nowhere to be seen.
When the youths returned for a third night the couple made four increasingly desperate 999 calls before Mr Digby marched outside to find who was responsible.
He approached a group around a quarter of a mile from his home and tried to apprehend one teenager by placing his hand on the boy's shoulder.
When a scuffle broke out he put the boy in a half-nelson armlock 'to make sure he didn't get away' but other members of the gang rounded on him and he was forced to leave nursing the cut lip.
It wasn't until September 7 that two police officers arrived at his house and arrested him for the level of restraint he used on the boy.
When he refused to accept a caution he was charged with common assault.
He publicly declared he would plead not guilty prior to a hearing at Stevenage Magistrates Court on September 24 and the case was adjourned to give the prosecution more time to consider their case.
Explaining yesterday's decision to drop the charges, the chief Crown prosecutor for Hertfordshire, David Robinson, said: 'There was insufficient evidence to prove that Mr Digby used unreasonable and excessive force or that he was acting unreasonably.
'Reasonable force can be used in self-defence, defence of property, prevention of crime, or when making a lawful arrest.'
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