An affront to justice: Fury as CPS decides against retrial of two brothers filmed punching policeman at Manchester airport – yet officer could end up in dock

Politicians yesterday said it was ‘shameful’ and ‘completely wrong’ that two brothers who were recorded punching a police officer were not prosecuted.

Prosecutors sparked outrage after saying they would not seek a third trial after two juries failed to reach a verdict on whether Mohammed Fahir Amaaz and Mohammed Amaad attacked PC Zachary Marsden at Manchester Airport.

However, there is still a possibility that the police officer will find himself in the dock for his attempt to arrest 21-year-old Amaaz.

It comes after an investigation costing up to £2 million was rocked by allegations of police brutality and ‘two tiers of justice’.

PC Marsden, 26, and two colleagues approached Amaaz to arrest him following a report that he had headbutted a customer in a café in the airport’s arrivals hall.

Misleading mobile phone footage of the 2024 incident shared online shows PC Marsden aiming to kick Amaaz in the head as his mother kneels on the ground.

Protesters took to the streets with banners and called for the police to be ‘defunded’; Some compared the incident to the US killing of George Floyd by a white police officer in Minneapolis.

But there was a violent backlash when later leaked CCTV showed full detail of the incident and the violence that PC Marsden and two female Greater Manchester Police officers had been subjected to moments earlier.

Muhammad Amaad (centre) arrives at Liverpool Crown Court where he is charged with assaulting PC Zachary Marsden causing actual bodily harm during an incident at Manchester Airport on 23 July 2024. Muhammad Fahir Amaaz (not pictured)

Pictured is Mohammed Fahir Amaaz, who was found guilty last year of causing actual bodily harm to PC Ward, who suffered a broken nose, and of assaulting PC Cook.

After a 150-day delay, university dropout Amaaz and former KFC assistant manager Amaad, 26, both from Rochdale, were charged with assaulting three officers.

A hearing last year heard horrific CCTV and bodycam footage of the brothers’ brutal violence in the car park of Manchester Airport’s terminal two on July 23, 2024.

But although Amaaz was found guilty of causing actual bodily harm to PC Ward, who suffered a broken nose, and assaulting PC Cook last year, jurors were unable to reach a verdict on whether either brother had caused actual bodily harm to PC Marsden after claiming they had acted in self-defence.

PC Marsden was treated in hospital for bruising and jaw pain, and doctors later diagnosed post-concussion syndrome caused by head trauma.

His female colleague, PC Ward, later underwent realignment surgery, while the third officer, PC Cook, suffered pain and swelling.

The jury at Liverpool Crown Court failed to reach a verdict last week and yesterday prosecutors told the judge they would not seek a second retrial.

However, PC Marsden remains under investigation by the Independent Police Conduct Authority, which could still refer him to the Crown Prosecution Service (CPS).

Manchester Chief Constable Sir Stephen Watson said he was ‘disappointed that the prosecution case was not fully approved’.

CCTV footage shown at the trial of Muhammad Amaad and Mohammed Fahir Amaaz shows the moment PC Lydia Ward was punched

In the video shown during the hearing, one of the female police officers involved in the fight was also caught.

Photograph of statement issued by barrister Aamer Anwar regarding the head injuries sustained by Mohammed Fahir Amaaz during the alleged attack on three police officers at Manchester Airport, shown to jurors at Liverpool Crown Court

Sir Stephen, who said his officers had been subjected to ‘resistance and violence’ followed by ‘online slander, condemnation and negative comments from those who do not have all the facts’, said police needed ‘respect and support… for routinely putting themselves in harm’s way to protect the public’.

Shadow Home Secretary Chris Philp said: ‘It is completely wrong that these violent thugs are being released from a new trial for the attack on PC Marsden.

‘With such clear CCTV evidence, we need justice to be served by prosecuting these thugs for all the crimes they committed.’

Meanwhile, Reform England’s home affairs spokesman Zia Yusuf described the decision not to press for a third hearing as a ‘shocking disgrace’.

“This is a miscarriage of justice and it looks like they’re only going one way,” he shared on X.

Amaaz, who was found guilty of head-butting a holidaymaker at an airport cafe, prompting an attempt to arrest him, has been in custody since his first hearing and will be sentenced next month. Amaad grinned as he left the field.

Their lawyer, Aamer Anwar, later accused PC Marsden of kicking Amaaz in the head ‘rugby style’ and called for charges to be brought against him.

“Carrying a gun or stun gun does not give permission to kill or use extreme violence, nor does it evade responsibility,” Mr. Anwar said.

Reform England’s Zia Yousuf said the decision not to press for a third trial was a ‘shocking disgrace’

He added that ‘police who break the law or breach professional standards… should face criminal action’.

Mr Anwar also claimed the brothers were subjected to “race hatred” online, fueling a “lynch mob mentality”.

Prosecutor Paul Greaney KC said that after consideration at the ‘highest level’ the CPS decided it ‘legally’ could not seek a third hearing.

He added that although the case “attracted great public attention” it did not pass the legal test of being “extremely serious”.

Giving evidence, PC Marsden said being told Amaaz had headbutted a holidaymaker and having a gun in his holster led him to make a “swift” arrest warrant.

Instead, shocking footage showed how Amaaz resisted arrest before he tackled his brother PC Marsden and began punching him.

Amaaz, who threw ten punches, hit and elbowed PCs Cook and Ward before tackling PC Marsden, who managed to Taser Amaad.

PC Cook Tasered Amaaz, who fell to the ground and was kicked in the face by PC Marsden.

PC Marsden insisted he tried to ‘stun’ her in the chaos without realizing the taser had been administered.