Met inspector prevented from retiring to avoid disciplinary action
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Version 0 of 1. A high court judge has intervened to prevent a Metropolitan police inspector charged with two criminal offences from retiring at midnight on Monday to avoid disciplinary proceedings and the loss of his full pension. The inspector, who cannot be named for legal reasons, is charged with actual bodily harm and perverting the course of justice. The charges relate to an alleged incident that took place at a football match in 2011. His criminal trial is due to take place early next year. The Independent Police Complaints Commission (IPCC) recommended that he face disciplinary proceedings for gross misconduct in relation to the criminal charges. But the inspector said he was going to retire, which would have allowed him to avoid the disciplinary proceedings and keep his full pension. Metropolitan police deputy assistant commissioner Fiona Taylor agreed that he could retire without facing disciplinary proceedings and he was due to retire at midnight on Monday. His alleged victim went to the high court on Monday afternoon to try to prevent him from retiring and avoiding disciplinary proceedings. Mr Justice Wilkie ruled that he should not retire on Monday and said that his retirement should not take effect until there has been a further court hearing to examine the issues relating to the officer’s plan to retire and thus avoid gross misconduct proceedings. Tony Murphy of Bhatt Murphy Solicitors, who represents the inspector’s alleged victim, said: “It is not acceptable for officers to evade accountability by retiring whilst under investigation. My client has been deeply affected as a result of his treatment by this officer. He hopes that this case will clarify the law and protect other members of the public.” The inspector submitted his application to retire on 5 September 2016. The IPCC supported Monday’s legal challenge to try to prevent the inspector from retiring on Monday night. A spokesman said: “The IPCC believes that officers should not be able to avoid disciplinary proceedings by retiring while under investigation or facing proceedings in circumstances which could result in dismissal. The decision whether to suspend officers or to allow them to retire can only be taken by a police force. The IPCC strongly supported changes to the law introduced last year, which prevent officers resigning when the investigation could lead to their dismissal from the force. Further planned legislative change, also supported by the IPCC, will mean that officers can still face disciplinary proceedings after retirement in some circumstances.” A Metropolitan police service spokesman said: “The MPS has taken the decision not to suspend the inspector in order to prevent him from retiring. “As the inspector is facing criminal proceedings he will be held to account for his alleged actions during the course of the court case, meaning he will not escape sanction by retiring. “If the officer is acquitted at court then any potential disciplinary proceedings would essentially be considering the same allegations that had already been determined in his favour. Therefore there is no certainty that the officer would face misconduct proceedings. “Decisions of this nature are made on the specific circumstances of each case and are not taken lightly. The decision must be proportionate, balancing a range of considerations.” If the inspector had been allowed to retire on Monday night he would have received a six-figure lump sum for his pension along with annual payments – he has 30 years’ service and is entitled to an annual sum of two-thirds of his current £54,963 salary. For now that pension payout is on hold. |