POLICE 'regularly' made up intelligence to persuade CCTV operators in the Bay to snoop on suspected drink-drivers outside pubs, a disciplinary probe has revealed.

The Big Brother abuse emerged after a popular South Devon entertainer and singer won £17,500 compensation in an out-of-court settlement with police after being unlawfully arrested and detained by officers in Paignton three years ago.

John Joseph – known locally as Antigua Joe – welcomed the pay-out, but insisted the officers who mistreated him had escaped lightly.

Devon & Cornwall Police's misconduct investigator Geoff Bates, a recipient of the Queen's Police Medal, recommended the four sergeants under investigation should be given words of advice.

Similar recommendations were suggested to one constable involved in the affair. A second — PC 5548 Morrison — was recommended for a full powers misconduct hearing.

A police spokesman from Devon and Cornwall Police's Professional Standards Department said: "Mr Joseph did make a complaint against police following his arrest. Elements of his complaint were found to be proven and a number of officers received a range of sanctions as a result."

He also confirmed that £17,500 was the agreed sum of the out-of-court settlement.

A police spokesman said they were not in a position to comment on the disciplinary action taken against the officer.

PC 5548 Morrison told Mr Bates' Professional Standards Department inquiry into Mr Joseph's 14 complaints – six of which were proven – that Bay officers 'regularly' ordered CCTV operators to keep watch on vehicles by 'inventing intelligence.'

Antigua Joe, 54, who now lives in Wiltshire, said: "I am still angry at what happened to me. It was a real nightmare. I'm not happy that I only got what I did because I was expecting £25,000."

His ordeal started when PC 5548 Morrison informed Torbay CCTV operators of a suspect vehicle, owned by Mr Joseph, outside Paignton's Globe pub in Winner Street at 9.30pm on April 2007.

The officer told CCTV staff: "Yeah, there's a Saab parked quite inconsiderately. I know the chap very well. He's an entertainer and he's probably going to get quite a few beers down his throat tonight and drive home. Can you just keep an eye on it if you can, please? I know you are going to be busy."

Mr Joseph was duly stopped by police officers Sgt 4764 Smoothy and PC 6191 Davies in his Saab car in the early hours of Sunday morning on April 22, 2007.

Mr Bates said in his report, which came out earlier this year, that PC 5548 Morrison denied knowing the motor vehicle he circulated belonged to Mr Joseph. He further denied his motives for circulating the vehicle for it to be stopped were based on 'racial or vengeful motives'.

The report said: "PC 5548 Morrison said that in order to get the council CCTV control room personnel to watch the vehicle he would have to give them a good reason for doing so. In order to do this he had told them he knew the occupant very well and knew he would be drinking.

"PC 5548 Morrison admitted this was invented by him and a lie. He went on to say that he and his colleagues targeted vehicles outside public houses and regularly persuaded CCTV operators to watch vehicles by inventing intelligence."

Mr Bates added: "When challenged again on the basis he had dealt with Mr Joseph before and knew him, he was black and an entertainer, PC 5548 Morrison maintained his story. The effect of this admission is PC 5548 Morrison is guilty of falsehood and prevarication, which is a serious integrity issue. It follows a subsequent surveillance of Mr Joseph's vehicle was unlawful."

And he stressed: "Clearly, this placed the officers who subsequently stopped the vehicle in a difficult position without their knowledge."

Mr Joseph was arrested on suspicion of drink driving after being handcuffed and put in leg restraints.

A subsequent breath test proved negative, but Mr Joseph was charged with public order and resisting arrest. He was subsequently acquitted in February 2008 of both matters.

Mr Bates said: "The court decided there were no lawful grounds for arrest on suspicion of drink driving, or a refusal to carry out a roadside test or for the offence of Section 5 of the Public Order Act."

He said Mr Joseph did not threaten or harass the officers and had agreed to take a breath test.

"These factors, coupled with the finding in the subsequent trial, reveal on the balance of probabilities, his arrest to be unlawful. Therefore, on the balance of probabilities any subsequent detention must be deemed unlawful.

"Based on the arrest being unlawful any force used on Mr Joseph must be on the balance of probabilities excessive."

Mr Bates said the allegation of excessive use of force on Mr Joseph is proven against Sgt 4764 Smoothy and PC 6191 Davies. The allegation of unlawful arrest was proven against PC 6191 Davies.

A further allegation of abuse of authority in seizing Mr Joseph's mobile phone and failing to prevent damage to his watch was proven against PC 6191 Davies.

But the allegation of racially motivated discriminatory behaviour against Mr Joseph by both officers was not proven.

Mr Bates also found the complaint against Sgt 4764 Smoothy and PC 6191 Davies in failing to treat Mr Joseph's partner Annette on the night with courtesy and respect was also proven.

The complaint of unlawful detention at Torquay Police Station was proved against sergeants 6305 Wyles, 4889 Cook and 255 Maker.

In his report Mr Bates said that once Mr Joseph had completed the negative breath test his further detention had to be questioned.

"It is not clear from the custody record the legal basis for detaining Mr Joseph from the moment he blew a negative breath test until the time of his release," he said.

He added: "What is concerning is there appears to be plenty of analysis in relation to the complainant's conduct between 7am and 12pm, but no pursuit to evidence to charge him. One would question why Mr Joseph wasn't simply bailed to return at a later date.

"A wait of nine hours to prepare a simple charge from simple evidence is, on the balance of probabilities, totally unreasonable."

Mr Bates said an allegation that Mr Joseph was not allowed contact with a solicitor was not proven against Sgt 4889 Cook as were the racial discrimination claims against PC 5548 Morrison and Sgt 4889 Cook.

Also unproven were claims against Sgt 4889 Cook that Mr Joseph was subjected to sleep deprivation and that Sgts 255 Maker and 6305 Wyles failed to provide him with food and drink.

But the complaint against PC 5548 Morrison of 'falsehood and prevarication by making a false report to CCTV operators unjustifiably causing Mr Joseph to become suspected of driving with excess alcohol, and leading to his arrest' was proven.

Read the report from police misconduct investigator Geoff Bates in full

here