POLICE denied “fabricating evidence” to justify arresting comedian Noel Fielding alongside Amy Winehouse’s former bodyguard on Easter Sunday morning in Kentish Town, the High Court heard today (Wednesday). 

The Mighty Boosh star and celebrity minder Jimmy Browne, 53, were bundled to the floor and handcuffed outside Everbest Food and Wine in Kentish Town Road on Sunday, April 4, 2010. 

Mr Browne, who is also known as Jimmy the Poet, is bringing the civil case against the Metropolitan Police, claiming more than £350,000 in lost earnings after his leg was broken in the arrest. He was in hospital for four weeks after and has undergone multiple operations to repair the damage, the court heard. 

PC Declan O’Leary, who arrested Mr Browne, said he noticed the pair opposite Kentish Town tube station at 10am and could see they were showing signs of drug use – including “wide eyes” and their “jaws moving uncontrollably” – as he passed them in his patrol car at around 20mph. 

He told the court he pulled over because he wanted to “have a chat to see what they were doing. To see how they had come to look so dishevelled at 10am on Easter morning.”

But Stephen Cragg QC, representing Mr Browne, questioned PC O’Leary’s version of events and said: “It’s the case that effectively you have fabricated that evidence in your statement to justify stopping Mr Browne.”

PC O’Leary was adamant that he could clearly see the pair as he drove past, adding: “That is absolutely not true. I had a sense that when I saw them together they were standing very close and there was some sort of transaction going on.”

Mr Cragg said: “I suggest the main reason you stopped them was because you recognised Noel Fielding.”

PC O’Leary said: “That’s not the case,” adding: “I’ve dealt with a lot of stars and celebrities in Hampstead. He’s not that famous, to be honest.”

The court had earlier heard that Mr Browne and Mr Fielding were walking to Sainsbury’s to buy milk and bread after an all-night party at a nearby flat. The pair had spent an evening at the Hawley Arms pub in Castlehaven Road after Mr Fielding finished a gig at the 100 Club in Oxford Street. 

Dressed all in black, Mr Fielding told the court Mr Browne was not employed as his minder, but they were at the party in a “social capacity”.

The court heard that he was “easily identifiable” with his “dyed yellow hair, dungarees around his waist and lady’s checked coat”.

Mr Fielding said that he had come straight from his West End gig without getting changed.

Mr Browne told the court that he had “four of five cans of beer” at the party but had not taken any drugs. When tackled by police, he was found to have a number of empty drug wraps. Mr Browne told the court: “I was asked to clear up and dispose of the empty drug paraphernalia that had been left on the kitchen table by a couple of the guests.”

Asked if he was not worried that this would make him look like a drug dealer if stopped by police, Mr Browne said: “A drug dealer would not be having empty wraps in his pocket. Surely that would be totally contrary to his aim.”

Mr Browne claims he was assaulted by police inside the shop and told the court: “I was grabbed around the throat and viciously kicked in the leg. I was in so much pain.” 

The court heard that Mr Browne had a number of previous convictions including the manslaughter of a security guard who was killed during a botched robbery. He was sentenced to 18 years in 1984. 

PC O’Leary denies assaulting Mr Browne and said he tackled him because he feared he was about to swallow a drug wrap. The Metropolitan Police will argue that the officers were “acting within their powers and used reasonable force in the exercise of their powers”.

The case continues.