James Cooper twice attempted suicide and lost custody of his daughter after being "discriminated against" by the police
A dad who spent six months in jail after being wrongly accused of kidnapping his daughter has been paid £50,000 damages by police. James Cooper, 36, was arrested as he went to buy nappies for his two-year-old. He was held on remand – and later twice attempted suicide.
He missed out on a new job he had just been offered and he would later lose custody of his daughter.But a judge threw out the kidnap case after his lawyer provided 1,200 text messages proving he had been looking after the girl, not trying to steal her.
Two officers were later found guilty of misconduct at a police tribunal.
A report of the hearing, viewed by the Sunday Mirror, concludes the detectives overlooked crucial WhatsApp messages that helped prove James’s innocence.
Speaking for the first time, James said: “I don’t ever want any man to suffer as I have done. It is wrong that the police automatically believed my ex over me.
As a dad, I feel discriminated against. What a mother says is apparently to be believed, more than a father. The police have put me through hell.” Cops swooped on the dad, from Chatham, Kent, when his ex-partner Gemma Newton called police after a row and said he had taken their daughter. James was arrested while on a shopping trip and was initially held on suspicion of making threats to kill and assault – after allegations by Gemma. She later provided a witness statement to police which stated she had full custody and at all times was solely responsible for their daughter. But James insisted he was on a pre-arranged date with their child and asked police to check messages on his phone to confirm it. They took the device but an internal investigation into the way the case was handled later revealed they did not look at the messages.
James, who has spent four years fighting for justice, said: “All the arrangements about me caring for my daughter were on my phone.
“I thought as soon as they see all the messages they would realise how ridiculous the situation was. But they just ignored me.”
He was remanded to HMP Elmley, on the Isle of Sheppey, charged with kidnap.
James added: “Being in prison was absolutely terrible.
“During this time I thought ‘this is it, no one believes me – I’ve lost my job, my daughter. I am going to spend the rest of my life here’.”
He said he had twice tried to take his own life and was left feeling he “had nothing to live for.”
The kidnap case was thrown out at Maidstone Crown Court after his lawyers provided the 1,200 WhatsApp messages proving he had been looking after his daughter five days a week in the run-up to his arrest. James asked the Independent Police Complaints Commission to review his case, saying police had breached his human rights.
It upheld a request for two officers – Stewart Catt and a fellow detective constable named Hearn – to appear in front of a police tribunal.
The report said: “A serious allegation was made which was not investigated in a fair and through manner. Had guidelines been followed... then Mr Cooper would not have spent six months on remand for crimes he hadn’t committed.”
Other documents obtained by the Mirror show Kent Police’s Professional Standards Department ruled the officers failed to investigate James’s claims properly by not downloading the messages. DC Catt was given a final written warning for gross misconduct.
DC Hearn was given “management advice” for misconduct.
But despite a subsequent payout, James does not feel justice has been served – because he has since lost custody of his daughter and missed out on a job.
He said: “Before this happened I was about to start a new job as a hire company manager.
“Then because I went to prison I lost custody of my daughter.”
Superintendent Nick Gossett, of Kent Police’s Professional Standards Department, said: “A civil claim relating to an alleged case of assault and making threats to kill was resolved and agreed by all parties prior to a hearing.
“Two officers were subject of a mis-conduct hearing in relation to the case.
"One received a final written warning and the other management advice.
“The hearing was held in public and the outcome published on the Kent Police website.”
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