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Monday 8 March 2021

Staffordshire Man Jailed for Coughing at Police Officers

A Staffordshire man has been jailed for coughing in the faces of two police officers responding to his call for help.

Ismail Daud Ismail, 30, of St Michael's Road, Chell, admitted two charges of assaulting an emergency worker when he appeared at North Staffordshire Magistrates' Court on Friday, 5th March 2021.

Magistrates heard that Ismail, an asylum seeker originally from Somalia, made a 999 call to the emergency services during the early hours of Wednesday, 17th February 2021. Police and paramedics attended the property, where they found Ismail well in drink.

Sue Hayers, prosecuting, said: "Officers attended Mr Ismail's address because he had called police, sparking concerns for his safety.

"The officers were extremely patient with this gentleman. Officers attempted to have him taken to hospital to be assessed. They asked him to put on a t-shirt so he could be taken by ambulance to hospital.

"At this point Mr Ismail coughed deliberately towards an officer, and said very clearly, 'I've got coronavirus.' The officer felt Mr Ismail's breath and spittle on his face.

"He was warned about his behaviour but he continued to cough and say he had coronavirus. He was arrested and continued to cough. The second officer gave a similar account. Fortunately, although that officer was extremely concerned the defendant's spittle would hit him, it did not."

"One officer said what happened caused him a great deal of worry and concern because he is fully aware of the dangers of covid-19. He said he was concerned for his colleague and the paramedics as the defendant was potentially infecting them with what could be a deadly illness."

The court heard that Ismail arrived in the UK in 2016, claiming to have fled from an extremist Islamic group. He has applied for asylum and a Home Office appeal is pending.

Bal Singh, mitigating, said: "He said had he not been drunk, he would not have behaved this way. He was feeling low at the time because he was away from his family, who are in Leicester.

"He is fully aware the police officers were just doing their job and were trying to help him. He does show remorse and wants to pay compensation to the officers."

Magistrates determined that the offence was so serious that only an immediate custodial sentence was appropriate.

Ismail was sentenced to 18 weeks' custody.

He was also ordered to pay £75 compensation to each officer and £128 victim surcharge.

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