Public Misconduct Hearings
Under their formal Misconduct Regulations, Police Officers accused of gross misconduct have to appear before a misconduct panel which is chaired by a legally Qualified Chair appointed by the Police and Crime Commissioner and made up of a Police Officer of at least the rank of Superintendent plus an independent lay member, also appointed by the Police and Crime Commissioner.
The hearings are held in public and in Gwent this is usually achieved by the hearing taking place in a Police building and the proceedings being streamed by way of a live link to a room in Police Headquarters where the press and the public can attend.
Sometimes, if there are representations made by any of the interested parties which can include the Officer(s), witnesses or victims, complainants , the Force itself or the Independent Police Complaints Commission if they have been involved, the Chair of the panel may decide to exclude the public and media from some or all of the proceedings. Representations can be made for personal reasons or for operational reasons because of the sensitivity of the case or the circumstances and because policing tactics or operations may be compromised. The starting point is always a hearing in public. The details of the hearing must be published by the Force at least five working days before it is due to take place, even if it is to be held in private. The Force must also publish the outcome for at least 28 consecutive days after the hearing has finished. It does not have to identify the Officer(s).
In Gwent, members of the public and press wishing to attend are asked to notify the Force of their desire to do so, in order that enough space can be allocated and any necessary security measures can be put in place.
Our Public Misconduct Hearings
The hearing due to begin at 9:30am on 3rd December 2018 for PS WILTSHIRE has been adjourned by the Legally Qualified Chair, Susan Davies.
The hearing will be rescheduled in due course.
Police Constable HUSSAIN attended a Misconduct Hearing to answer allegations that his conduct amounted to a Breach of the Standards of Professional Behaviour in relation to Authority, Respect & Courtesy, Equality & Diversity and Discreditable Conduct. The specific allegations being:
(A) Authority, Respect and Courtesy in that you:
(i) you were disrespectful and discourteous to staff at Celtic Manor. Your behaviour included using foul language to and in the presence of a number of members of staff at Celtic Manor, being argumentative and refusing to leave the premises upon reasonable request;
(ii) you were disrespectful and discourteous to Mr JA while being driven in his taxi. Your behaviour included using foul language to Mr JA;
(iii) you were threatening to Mr BM, Mr TM and Mr JA. Your behaviour included speaking aggressively to Mr BM, Mr TM and Mr JM, asking Mr TM if he wanted a fight and spreading your arms wide towards him, pulling Mr JA by his shirt collar, poking Mr JA in the back, and threatening to “do” Mr JA;
(iv) you were abusive to Mr JA and Mr AS. Your behaviour included calling Mr JA a racially derogatory term, sticking your middle finger up at Mr JA for a prolonged period in and obscene gesture, and calling Mr AS derogatory and insulting terms.
(B) Equality and Diversity in that you called Mr JA a racially derogatory term on multiple occasions while being driven in his taxi.
(C) Discreditable Conduct in that your behaviour including:
(i) being excessively intoxicated in a public place;
(ii) being asked to leave the premises on multiple occasions;
(iii) refusing to leave the premises;
(iv) requiring Celtic Manor staff to call the police;
(v) arguing with and being abusive and threatening to Celtic Manor staff including using foul language;
(vi) being abusive and threatening to Mr JA including using foul language, a racist insult, and an obscene hand gesture; and
(vii) not paying Mr JA the taxi fare you owed him; bring discredit upon and undermine the public confidence in the police service.
The panel found the allegations proven on the balance of probabilities. As the officer had already resigned from Gwent Police prior to the proceedings, the outcome was that the officer would have been dismissed had he still been serving with the police service.