A 'FOOLISH' swimmer who dived into a flooded Worcester river should not have been fined says a city man who has lodged an official complaint with police.

We reported last month how a man jumped off the main bridge in Worcester wearing nothing but his boxer shorts before swimming towards Diglis, sparking a major rescue operation involving three emergency services. Around 20 firefighters (four crews) were dispatched to the scene and remained there for close to two hours as boats swept the river, searching for the man.

However, city resident Andrew Brown has written a letter of complaint to West Mercia Police's professional standards department, arguing that the man, who handed himself in after a police appeal, should not have faced any punishment for either a public order offence or under Covid regulations.

Mr Brown also argues that the swimmer was asked to hand himself in under the false pretence of checking on his welfare. Police say Mr Brown was not a direct witness to the events described and was not sufficiently involved to make a complaint and it will therefore go unrecorded.

However, they have said they will keep the issues raised by Mr Brown 'under review'.

The 36-year-old swimmer was videoed diving into the river before swimming towards Diglis where he clambered out, leading to a police appeal to trace him.

West Mercia Police has said the swimming was not 'permitted exercise' during the pandemic, especially after he had travelled from the South West.

We reported how rescue boats combed the river looking for him and police, the fire service and two ambulances also rushed to the scene on Thursday, January 28.

The man got in touch with police and was formally interviewed in respect of offences for a Coronavirus Legislation Breach and a breach of public order legislation 'relating to his actions of diving from the main river bridge of the River Severn into deep and dangerous flood water'.

Following this interview the man has been issued with Fixed Penalty tickets under both legislations.

Mr Brown, 57, wrote in his complaint letter: "Whilst it is obvious what the man did was foolish and irresponsible it does not make it right for the police to fine him wrongly for a public order offence self-evidently unsupported by the facts.

"It is entirely absurd that his actions could be said to meet the first test that of threatening or abusive words or behaviour nor was it 'disorderly'.

"That's it. There is no offence and so he ought not have been ticketed for that just to assuage indignation whether it be that of the public or the emergency services nor to impress the local people as to their willingness to enforce or their effectiveness.

"Worse, the police asked him in to speak to them to check his welfare. Clearly they lied about that publicly. They must have known that they were considering him for penalties.

"Then the issue of the Covid fixed penalty. He travelled out of his area for exercise. There is nothing in the English Covid regulations proscribing that.

"Not one word. Exercise is a reasonable excuse to leave the house. There is no extra requirement that the way that is done has also to be reasonable.

"The police have behaved deplorably and essentially have deceived this man and abused their powers giving a fine they must know is malicious."

In a reply a spokesman for the professional standards department for West Mercia Police wrote: "A reasonable and proportionate investigation has been carried out into the issues raised and your dissatisfaction has been logged on our internal complaints system.

"I have reviewed your complaint representations regarding a story in the local press and I understand your complaint arises solely from the viewing of this information and I do not consider that provides sufficient involvement to entitle to you to make a complaint under the ‘Police Reform Act’.

"In accordance with the Independent Office for Police Conduct (IOPC) guidelines on this occasion I will not be recording your complaint Under Schedule 3 of the Statutory Guidance Complaints Act.

"My rationale for this is that ‘a person will not be considered to be adversely affected solely by virtue of having seen or heard about the conduct or its effects (for example in the news or being told about it by a third party)’.

However I would like to reassure you that we will be reviewing these issues in line with Statutory Guidance Police Conduct process. I hope this action will go some way to restore your confidence in West Mercia Police.

"As your dissatisfaction has been appropriately and effectively dealt with in line with statutory guidance and under the principles of reasonable and proportionate handling, there is no right of review against this decision."