The murder of Henry Nowak

I’ve read a lot of commentary over the past week concerning the Henry Nowak case.   Much of it involves reaction to what people assume to be the problem. However any response and analysis needs to engage with the actual facts available to us.    I thought it might be helpful to try and set that out, updating what I have written earlier.

1. Vikrum Digwa and Henry Nowak meet, possibly brushing past each other.   Nowak has had something to drink but is below the legal limit for driving.  
2. Henry Nowak begins to record their conversation and asks Digwa if he is “a bad man”. Digwa says that he is.
3. Digwa takes Nowak’s phone.  This seems to lead to sound form of scuffle, though exact details remain sketchy. Digwa’s turban in knocked off.
4. Digwa stabs Nowak 5 times, one wound is life threatening and Nowak suffers internal bleeding.
5. Nowak attempts to escape over a fence. 
6. Digwa’s family are now on the scene.  His mother takes the weapon home to conceal it.  His father restrains Nowak.
7. Digwa’s brother phones 999. He reports that his brother has been racially attacked and punched.  Note that in legal terms this would be assault and battery where assault refers to creating the fear of attack and battery to actual physical contact.  It would also be logged as racially aggravated assault.   He says that Nowak may be injured and so medical assistance is needed.
8. Police are despatched but it seems that paramedics are not.
9. When the police arrive,  they are brought to Nowak, the person with him says that they have been trying to keep him upright and he has a mouthful of blood. They seem to associate this with a fall from the bin.
10. A policeman says “let’s get you out from here”. He is in by a bin and they move him out.
11. The police arrest and handcuff Nowak.  He says that he cannot breathe and that he has been stabbed.  An officer asks “where” looks at his back and says “I don’t think so mate.”
12. The police appear to be continuing to assess for wounds but not finding the knife wound.  Someone is heard insisting that he has not been stabbed.  A female officer says “I know but we have to check.”  Focus seems to be on his facial injuries.
13. They lay him on his side.   An officer explains that Nowak is under arrest for assault at this moment and reads him his rights.
14. Towards the end of the footage, the policewoman calls for an ambulance she states “we have a male, he appears to have been beat up.  His pupils are not even reacting.” From the footage, this seems to be about a minute or so after the arrest. 
15. It’s not on the available footage but I understand that CPR was attempted

Please let me know if you think anything is missing from the details here.  Note that there are two separate investigations under way.  These include a full inquest with Jury. 

I think that the key things that the investigstions will need to consider will be:

1. Whether an ambulance/paramedics  should have been sent earlier and if that made a difference
2. Whether handcuffing was neccessary and proportionate.
3. Whether the cuffs should have been removed as soon as the police were aware Nowak was injured even if they weren’t able to identify a stab entry wound.   Should the police have even de arrested him.  It seems that their own perception changed. However it may be that they were already committed to the initial course of action. 
4. Why the police were unable to identify the wound/injuries.  Was this really unavoidable

It is also important to remove some of the red herrings.

1. The police are not responding to a complaint if racial slurs but if physical assault.  Arrest in that case is legitimate as they act under responsible suspicion.  Handcuffing though is not necessarily required and depends on proportionality.
2. The police do not ignore Nowak and prioritise Digwa. They specifically are interacting with him and seeking to check him.  They try to find out his name. 
3. An ambulance is called by the police and it is not that long after their initial interactions with Nowak. 

Opinions may differ over whether the police were heavy handed.  They drag him from behind the car and that may not have complied with best practice for a potential first aid situation. However their aim is to move him. They constantly communicate with him.  

There are big questions that need answers to.  However these are best looked at dispassionately and based on facts.