Police footage reveals 'horrible' baton attack on Gosport officer that saw thug spared jail

Body-worn video footage obtained exclusively by The News shows how garden-hopping Matthew Wagstaff, 31, repeatedly hits PC Andrew Burnham with the metal stick in Gosport.

PC Burnham, who suffered head injuries needing gluing, is ‘disappointed and upset,’ said Zoe Wakefield who represents rank-and-file officers at the Hampshire force.

Sgt Wakefield said: ‘(The suspended term) gives the message that you can go to that level of violence and still not face a custodial sentence.’

Officers were being sent the message judges ‘don’t care’ or ‘don’t understand’ the effect of such attacks, she added.

John Apter, chair of the Police Federation of England and Wales, said the sentence was ‘beyond contemptible’ and added: ‘It’s a betrayal.’

He aims to raise the case with Home Office ministers.

Around three officers a day are assaulted in Hampshire and the Isle of Wight, she added.

Latest figures, for 2019/20, show 1,241 officers in Hampshire were assaulted in that year.

During the pandemic the frontline has been at risk of contracting Covid from offenders spitting and biting at them.

‘It’s horrible and it’s disgusting behaviour and unfortunately it’s far too common and that’s why we need greater sanctions to hopefully deter some of them,’ Sgt Wakefield said.

Jailing everyone who assaults police ‘won’t deter all’ but would send a clear message, the Hampshire Police Federation chair added.

‘It’s really tough for officers,’ she said. ‘Assaults on officers, particularly by spitting and biting, have increased during the pandemic yet officers have continued to confront violent offenders, helping to keep the public safe.’

A bid to swap Wagstaff’s suspended jail term for immediate custody failed yesterday. He walked free from court after sentencing last Friday.

Sgt Wakefield said: ‘Sadly (PC Burnham is) really disappointed and upset by it but sadly he’s not surprised.’

She added: ‘It’s a really horrible attack but it could have been a lot more serious and I think it’s just pure luck that the officer’s injuries weren’t more serious.

‘In our training that we’re given in the use of the asp we are trained to hit the big muscle areas... and we’re trained that you do not hit someone around the head unless you absolutely have to because it’s potentially lethal force.

‘Whacking somebody around the head - it just feels like the judge hasn’t really taken on board the potential seriousness of it.’

Gosport MP Caroline Dinenage said: ‘PC Burnham’s story is extremely shocking and the sentence in the case seems most inadequate.

‘While it’s right that’s the judiciary are independent of government, we must all recognise the bravery of our police and ensure they are appropriately supported and protected as they fight crime and keep our streets safe.’

Wagstaff admitted assault occasioning actual bodily harm but the attorney general’s unduly lenient scheme - which can refer sentences to the Court of Appeal to be increased - does not include ABH.

The attorney general’s office confirmed it had received a request to refer the sentence to appeal judges, but this was not possible.

As reported, Wagstaff had fled PC Burnham and PC Craig Bibby after he was spotted buying drugs in Lees Lane, Gosport.

He garden hopped and swiped PC Bibby’s baton before violently striking PC Burnham over the head repeatedly on January 30 in Pelham Road, Portsmouth Crown Court heard.

He admitted assaulting an emergency worker and having an offensive weapon.

The former crack addict also admitted having cocaine on April 24, 2020, in Forton Road, Gosport.

Wagstaff has two previous convictions for battery, including pushing his own father over so that he hit his head on the ground.

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Judge Tim Mousley QC imposed an 18-month term suspended for 18 months with drug rehabilitation requirement and 20 rehabilitation activities.

Wagstaff, of no fixed address, must pay £500 compensation to PC Burnham, and £100 to PC Bibby.

Inspector Matt Wake previously said: ‘This was a violent attack on one of our officers, who needed treatment in hospital as a result.

‘Fortunately he has recovered well and is back on duty, but the outcome could have been far more severe.’

:: Footage of the attack, shown in court, was released by the CPS in London following open justice representations from The News after local prosecutors refused to do so. Hampshire police also declined to release the footage.

A message from the Editor, Mark Waldron

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