Pensioner receives police payout over ‘thought crime' tweet
A retired special constable has been given compensation of £20,000 after being wrongly arrested over a social media post warning about rising anti-Semitism.
Julian Foulkes, from Gillingham, Kent, was handcuffed at his home by six officers after replying to a pro-Palestinian activist on X.
Kent Police officers searched his home and commented on his 'very Brexity' book collection. The force detained the 71-year-old for eight hours, interrogated and issued him with a caution after officers visited his home on Nov 2 2023.
Earlier this month, Kent Police confirmed that the caution was a mistake and had been deleted from Mr Foulkes's record.
Tim Smith, the force's chief constable, later phoned Mr Foulkes personally to offer an apology for the 'ordeal he endured'.
Now, in a letter sent to Mr Foulkes' solicitors, the force reiterated Mr Smith's apology for the 'distress caused by the actions of his officers' .
It also confirmed Kent Police would agree to an out-of-court settlement after Mr Foulkes launched a legal challenge, supported by the Free Speech Union (FSU), against the force for wrongful arrest and detention.
The letter, sent by a lawyer for the force, read: 'I am instructed to accept the offer of early resolution without recourse to litigation by payment of compensation in the sum of £20,000 plus your client's reasonable legal fees in full and final settlement of all prospective claims arising from his arrest on Nov 2 2023.'
Mr Foulkes told The Telegraph he was 'naturally pleased that Kent Police had been swift to follow their apology with compensation'.
'However, this was never about money,' he said.
'For me, it was a simple matter of right and wrong and I now need to see that the full investigation I have been promised takes place and necessary actions are taken to prevent any recurrence.'
On Friday, Kent Police referred itself to the Independent Office for Police Conduct (IOPC) over the incident.
Mr Foulkes added: 'I have been very fortunate in receiving superb assistance from the FSU and I would like to thank them once again for their help and support.'
Police body-worn camera footage captured officers scrutinising Mr Foulkes's collection of books by authors such as Douglas Murray, a Telegraph contributor, and issues of The Spectator, pointing to what they described as 'very Brexity things'.
Mr Foulkes's X post replied to an activist threatening to sue Suella Braverman, the home secretary at the time, for calling pro-Palestinian demonstrations in London ' hate marches '.
In the post, sent two days before police visited his home, Mr Foulkes wrote: 'One step away from storming Heathrow looking for Jewish arrivals…'
Mr Foulkes's X post was referring to news reports of an anti-Semitic mob that stormed an airport in Dagestan, Russia, looking for Jewish passengers.
On Nov 2, six officers arrived at Mr Foulkes's home, armed with batons and pepper spray. He was arrested, fingerprinted, photographed and swabbed for DNA.
After his home was searched, the retired special constable was locked in a police cell for eight hours and interrogated on suspicion of malicious communications.
Fearing that further escalation could impact his ability to visit his daughter, who lives in Australia, he accepted a caution despite having committed no offence.
Matt Elkins, director of Legisia Legal Services, who helped get Mr Foulkes's police record deleted, said while the compensation was welcome as this had 'never been about money but about correcting an injustice '.
He said: 'The police don't always admit they're in the wrong, so I think Kent Police should be acknowledged for their prompt mea culpa.
'The compensation is, of course, a good starting point, but I hope this is just a first step towards some deep introspection from the police, and some constructive changes.'
'End of the beginning'
Dr Bryn Harris, chief legal counsel for the FSU, said: 'The [FSU] is pleased to see that Kent Police has done the right thing and apologised to Julian, with due compensation.
'This is, however, merely the end of the beginning – we now need to see a full and credible investigation into the outrageous violations of Julian's basic freedoms.
'Kent Police must ensure that the distress to Julian, and the cost to the taxpayer, result in lessons learnt and a realisation that policing by consent requires a police service worthy of the consent of free citizens.'
Chris Philp, the shadow home secretary, said it was 'disgraceful' that Mr Foulkes had been 'investigated and harassed in the first place'.
He added: 'Police should be catching real criminals, not wasting time on non-criminal social media posts.
'This has happened again and again and the officers responsible for this shocking incident need to be held responsible.
' Police chiefs need to get a grip and end this nonsense.'
Mr Philp also called on the Government to support his proposed amendment to Labour's Crime and Policing Bill, and 'abolish non-crime hate incidents (NCHIs) '.
The amendment will seek to block police forces keeping records on individuals who have not broken the law but are accused of expressing views or behaviour deemed offensive.
The Conservatives previously said they were putting forward the amendment because it was 'clear the use of NCHIs has spiralled out of control'.
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