Decision by IPCC to hold PC Simon Harwood's disciplinary proceedings in open due to 'exceptional public interest'
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| PC Simon Harwood arriving to give evidence at the Ian Tomlinson inquest. Harwood's gross misconduct hearing wil be held in public. Photograph: Sean Dempsey/PA |
PC Simon Harwood, the police officer who inadvertently killed Ian Tomlinson at the G20 protests, will be forced to explain his actions for the second time in public after a rare move to hold his disciplinary proceedings in the open.
The Metropolitan police has been instructed by the national police watchdog to hold its gross misconduct hearing in public due to the "exceptional public interest" in the case.
The jury in the inquest into Tomlinson's death concluded on Tuesday that Harwood unlawfully killed the newspaper vendor, when he struck him with a baton and pushed him heavily to the ground in April 2009.
Harwood spent three days answering questions at the inquest, in which he maintained his actions were proportionate and justified.
The director of public prosecutions, Keir Starmer, is currently reviewing his decision last July not to bring criminal proceedings against Harwood, 43, a member of the Met's territorial support group.
Harwood could now face prosecution for manslaughter, an imprisonable offence.
The Independent Police Complaints Commission said the Met had not objected to its decision to hold the hearing in public.
However the IPCC ruling went against the desires of Harwood and eleven other police witnesses, some of whom expressed concern over the impact that giving evidence in an open forum would have on their private lives.
"Over the past weeks the evidence from our investigation has been heard, tested and challenged at the inquest," said the IPCC commissioner for London, Deborah Glass.
"The verdict speaks for itself. The conclusion of the inquest is an important stage in the process but it is not the final one, particularly as the inquest does not – indeed cannot – determine accountability, which is a matter of exceptional public concern in this case. I have therefore decided that due to the gravity and exceptional circumstances of this case, the misconduct proceedings should be heard in public."
The only other police officers disciplined at a public hearing were censured over their failure to respond to 999 calls for help from Colette Lynch, a 24-year-old woman who days later was killed by her ex-partner Percy Wright. Two Warwickshire police officers were disciplined for their failure to follow procedure when it emerged Lynch, her mother and her brother had called officers dozens of times to say Wright had been threatening her.
In a statement, the Met said Harwood's disciplinary hearing would take place "as soon as possible" but did not give a date or any other details. "The timing of the hearing is decided by the chair of the panel who must first consider the findings of the inquest and consult with all parties before setting a date."
The disciplinary panel, which will have the power to sack Harwood, will be chaired by Met Commander Julian Bennett. The other members of the panel will be a senior police officer and a layperson.
The disciplinary charges against Harwood include that he struck Tomlinson with a baton and pushed him to the ground, and that "such dangerous actions inadvertently caused or contributed" to his death.
He is also accused of using force that was "not necessary, proportionate or reasonable in the circumstances".
Harwood is expected to contest the charges. He said after Tuesday's verdict that video evidence presented a "very different picture" to the impression he had when he struck Tomlinson near the Bank of England.
His lawyer Colin Reynolds said of his client: "In particular, he wishes that he had known then all that he now knows about Mr Tomlinson's movements and fragile state of health. PC Harwood did not intend, or foresee at the time, that his push would cause Mr Tomlinson to fall over, let alone that it would result in any injury."
4 May 2011
The Metropolitan police has been instructed by the national police watchdog to hold its gross misconduct hearing in public due to the "exceptional public interest" in the case.
The jury in the inquest into Tomlinson's death concluded on Tuesday that Harwood unlawfully killed the newspaper vendor, when he struck him with a baton and pushed him heavily to the ground in April 2009.
Harwood spent three days answering questions at the inquest, in which he maintained his actions were proportionate and justified.
The director of public prosecutions, Keir Starmer, is currently reviewing his decision last July not to bring criminal proceedings against Harwood, 43, a member of the Met's territorial support group.
Harwood could now face prosecution for manslaughter, an imprisonable offence.
The Independent Police Complaints Commission said the Met had not objected to its decision to hold the hearing in public.
However the IPCC ruling went against the desires of Harwood and eleven other police witnesses, some of whom expressed concern over the impact that giving evidence in an open forum would have on their private lives.
"Over the past weeks the evidence from our investigation has been heard, tested and challenged at the inquest," said the IPCC commissioner for London, Deborah Glass.
"The verdict speaks for itself. The conclusion of the inquest is an important stage in the process but it is not the final one, particularly as the inquest does not – indeed cannot – determine accountability, which is a matter of exceptional public concern in this case. I have therefore decided that due to the gravity and exceptional circumstances of this case, the misconduct proceedings should be heard in public."
The only other police officers disciplined at a public hearing were censured over their failure to respond to 999 calls for help from Colette Lynch, a 24-year-old woman who days later was killed by her ex-partner Percy Wright. Two Warwickshire police officers were disciplined for their failure to follow procedure when it emerged Lynch, her mother and her brother had called officers dozens of times to say Wright had been threatening her.
In a statement, the Met said Harwood's disciplinary hearing would take place "as soon as possible" but did not give a date or any other details. "The timing of the hearing is decided by the chair of the panel who must first consider the findings of the inquest and consult with all parties before setting a date."
The disciplinary panel, which will have the power to sack Harwood, will be chaired by Met Commander Julian Bennett. The other members of the panel will be a senior police officer and a layperson.
The disciplinary charges against Harwood include that he struck Tomlinson with a baton and pushed him to the ground, and that "such dangerous actions inadvertently caused or contributed" to his death.
He is also accused of using force that was "not necessary, proportionate or reasonable in the circumstances".
Harwood is expected to contest the charges. He said after Tuesday's verdict that video evidence presented a "very different picture" to the impression he had when he struck Tomlinson near the Bank of England.
His lawyer Colin Reynolds said of his client: "In particular, he wishes that he had known then all that he now knows about Mr Tomlinson's movements and fragile state of health. PC Harwood did not intend, or foresee at the time, that his push would cause Mr Tomlinson to fall over, let alone that it would result in any injury."
4 May 2011
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