Upper Tribunal Administrative Appeals Chamber

[2025] UKUT 192 (AAC)

Fecha: 03-Abr-2025

The CCTV Footage

11.

As was explained above, the first DBS decision-maker did not see or hear the CCTV Footage at the time Decision 1 was made. The decision-maker made the Decision based on other documentary material in the Bundle, including that which referred to and described the contents of the CCTV Footage. Significantly, in the course of its consideration of the 2nd Case and making Decision 2, DBS was able to see and hear the CCTV Footage.

12.

The CCTV Footage of the Incident on 8 November 2021 lasted about one and a half minutes and was made available for the parties and UT to consider in advance of the hearing and was played during the hearing, including during the Appellant’s evidence, more than once.

13.

Although there was some dispute as to the contents of the transcript prepared by the Appellant, and there were handwritten amendments made by the DBS, these are not significant. The amended transcript of the audio track of the CCTV Footage is set out below. Disputes of fact will be addressed in the fact finding section.

TIME	MC	W
21:41:07		[grating potatoes at kitchen counter]


21:41:10

	[From outside kitchen] MC
		Yeah
	What are you doing [inaudible]?
21:41:15		[Walks towards door] Grating potato

	What?	[Leaning in the doorway]
		Grating potato
	Don’t do that
21:41:20	Why you need to do?
	It’s for the daytime
		It’s for tomorrow
	No you do it tomorrow	[Turns back returns to face the kitchen counter]
	[Enters kitchen] not today [following W]	I always
21:41:25	[approaches kitchen counter and faces W and touches the counter]	Do things in advance
	No, not [or “no, no”]
		That’s the way [GS] told me, said I can do it

	No
21:41:30		I’m not cooking nothing tonight
		Now please can you go away and
		Leave me alone
	What, I thought	[moves 2 small steps along counter, away from MC]
	you cooking	I’m not
21:41:35		Cooking I’m
		Doing it for Tomorrow
		Now can you please go away and leave
	Don’t don’t tell me	me alone
	Go away
21:41:40		[GS] said I can do this
	Yeah but don’t
	Don’t tell me go away
	Don’t tell me	Yeah well
		You ain’t [GS]
21:41:45	Don’t tell me I’m not	[grates a potato]
	GS I’m just telling you
	Something, you know,
	You have to obey
		Yeah well GS said I
21:41:50		Can do it like this
	He, He told you yeah?	Yeah
		I can do it in advance
	Are you a hundred per cent sure
		Yes I’m a hundred percent, Now go away
21:41:55	Alright
	Don’t tell me go away
	[inaudible]
	Don’t tell me to…to go away
		Fuck off and go away
21:42:00	Don’t tell me fuck off	[takes 6 small steps along counter]
	[takes 3 steps along counter covering a similar distance towards W] Don’t tell me go away
		Go away you
	[Points finger at W] I’m not gonna hear that ok	Fucking [inaudible]
		Fuck off and don’t
21:42:05		Point your finger at me
	I’ll point you my finger
		Fuck off [continues grating]
	Don’t tell me to go away
		Fuck off
21:42:10	Who are you to tell me that
		Fuck off



21:42:15	You have no respect
	For people W [using W’s first name]	Shut up
	[takes 4 steps away from W]

	If you tell me that I…
21:42:20	[takes 3 steps back towards W returning to similar position] I… I will… I will
[Emphasis Added]	Smash your nose here [pointing again]
		You do that and I will
	No, not me [or inaudible]	I will… [raises finger at MC]
		fuck it I’m Calling the police
21:42:25	Yes, just [turning to follow W]	[walks around and past MC and out of door]
	Call the police [follows W out kitchen]	No [inaudible] I’m
		Calling the police
	Yes, just go and call
	The police	I’m calling the police
21:42:30	Yeah
		[inaudible] You are a violent man
		[inaudible]
		[inaudible]

21:42:35
	[inaudible]
		[inaudible]…fucking police
	[inaudible] just call the police

21:42:40