Two PCs dismissed after making ‘false’ statements following arrest

Two officers have been dismissed for gross misconduct after making false statements “to secure the conviction” a man arrested for allegedly being drunk and disorderly.

Feb 10, 2021
By Paul Jacques

An investigation by the Independent Office for Police Conduct (IOPC) found the Devon and Cornwall Police officers had “misrepresented the sequence and nature of events during their arrest of the man”.

Police Constable Kenneth Anscombe arrested the man after he and colleague Police Constable Daniel Care were called to an incident in Penzance on October 17, 2018. The man was subsequently found guilty at court of being drunk and disorderly.

He successfully appealed the conviction in January 2019 when he produced mobile phone footage of the interaction leading up to the arrest, which contradicted the officers’ earlier statements.

The statements alleged the man had been aggressive straight away and uttered specific swear words at the officers when later evidence did not show that. PC Anscombe then gave evidence on oath at a magistrates’ court hearing, at which the man was convicted, which was consistent with the false information in his statement.

The allegations against the two officers were heard at a disciplinary hearing arranged by the force at the end of last month, and the panel found that the case against the officers for gross misconduct proven.

At the end of the five-day hearing the panel, led by an independent legally-qualified chair, concluded that both officers’ evidential statements “contained false information and were in order to secure a conviction”.

The panel found the officers had breached the standard of behaviours, appropriate to the conduct of a police officer in respect of honesty, integrity authority, respect, courtesy duties and discreditable conduct, and imposed a sanction of dismissal without notice.

The IOPC investigation began in March 2019 after a referral from the force, which led to both officers being suspended from duty. It concluded later that year.

Devon and Cornwall Police agreed with the IOPC’s view that both officers had a case to answer for gross misconduct and arranged the disciplinary hearing.

IOPC regional director Catrin Evans said: “The public must have confidence in police officers who have a duty to be honest, act with integrity, and not compromise or abuse their position.

“Both these officers maintained dishonest accounts which misrepresented the sequence and nature of events during their arrest of the man. Footage later available contradicted parts of their statements about their initial interaction with the man.

“We independently investigated these serious allegations and the police disciplinary panel has decided the appropriate sanction is dismissal.”

Both officers will now be placed on the College of Policing Barred List, preventing them from working within policing.

Devon and Cornwall Police T/Deputy Chief Constable Jim Nye said: “We expect high standards from our officers whether on or off duty. A police officer’s character and conduct on and off duty must always be exemplary to maintain public trust and confidence.

“Through their actions, they have undermined public confidence in the police force, therefore dismissal was the right and proper outcome.

“We will not tolerate such behaviours and conduct that falls below our standards will be dealt with robustly.”

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