WIREDGOV

The Independent Police Complaints Commission (IPCC) has yesterday announced it has directed the Metropolitan Police Service (MPS) to hold PC Simon Harwood’s gross misconduct hearing in public.

IPCC Commissioner for London Deborah Glass said: “Over the past weeks the evidence from our investigation has been heard, tested and challenged at the inquest. 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.”

As previously announced, the allegations that will be put to PC Harwood at the gross misconduct hearing are:

• that he struck Mr Tomlinson on his left thigh with his baton;
• that he pushed Mr Tomlinson so that he fell to the ground;
• such dangerous actions inadvertently caused or contributed to the death of Mr Tomlinson on 1 April 2009
• the use of force was not necessary, proportionate or reasonable in the circumstances.

The Police (Conduct) Regulations 2008 states that, if an IPCC Commissioner wishes to consider directing that a police misconduct hearing be held in public, they must consult with the officer who is subject to the allegations, the police force involved, the complainant or family of the deceased and any potential witnesses whose evidence may be heard at the misconduct hearing.

In this case that meant writing to the Tomlinson family, the officer and 105 potential witnesses to ask for their views. Having considered all the responses, the IPCC Commissioner decided that the hearing should be in public.

The decision was made prior to the start of the inquest but was not released earlier at the request of the Coroner.

The full explanation of the Commissioner’s decision on whether the Misconduct Hearing for PC Harwood should be held in public is available by clicking here.

Notes to editors:

Timing of the hearing is a matter for the Chair of the misconduct panel and any enquiries regarding this should be directed to the MPS.

The IPCC investigation report into the death of Ian Tomlinson, as well as two other investigation reports addressing complaints from Mr Tomlinson’s family about the media handing by police in the days after his death and the briefing of a pathologist who undertook the third post mortem, will be published as soon as possible on the IPCC Investigation reports web page.