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| PC Simon Harwood admits discrediting Metropolitan police | PC Simon Harwood admits discrediting Metropolitan police |
| (7 months later) | |
| The police officer acquitted of killing Ian Tomlinson during the G20 protests in London has accepted that his baton strike and push on Tomlinson as he walked away from police lines amounted to gross misconduct. | The police officer acquitted of killing Ian Tomlinson during the G20 protests in London has accepted that his baton strike and push on Tomlinson as he walked away from police lines amounted to gross misconduct. |
| But speaking at the start of a Metropolitan police disciplinary hearing, PC Simon Harwood's lawyer said he would not accept one particular element of the allegations: that the officer's actions contributed to Tomlinson's death. | But speaking at the start of a Metropolitan police disciplinary hearing, PC Simon Harwood's lawyer said he would not accept one particular element of the allegations: that the officer's actions contributed to Tomlinson's death. |
| "PC Harwood does accept [that] the discredit his actions have brought on the Metropolitan police does amount to gross misconduct and he has twice offered his resignation," Patrick Gibbs QC, who also represented Harwood at his trial for manslaughter, told the three-strong panel. | "PC Harwood does accept [that] the discredit his actions have brought on the Metropolitan police does amount to gross misconduct and he has twice offered his resignation," Patrick Gibbs QC, who also represented Harwood at his trial for manslaughter, told the three-strong panel. |
| "As far as the use of force, he completely accepts that the force he used was completely unnecessary." | "As far as the use of force, he completely accepts that the force he used was completely unnecessary." |
| However, Gibbs said, the addition of the element referring to Harwood's baton strike and push on Tomlinson as "inadvertently causing or contributing to the death of Mr Tomlinson" was unnecessary. It was, Gibbs said, "gratuitous and provocative, designed to provoke a retrial of Mr Harwood on charges on which he has already been acquitted". | However, Gibbs said, the addition of the element referring to Harwood's baton strike and push on Tomlinson as "inadvertently causing or contributing to the death of Mr Tomlinson" was unnecessary. It was, Gibbs said, "gratuitous and provocative, designed to provoke a retrial of Mr Harwood on charges on which he has already been acquitted". |
| The disciplinary panel, comprising two senior Met officers, Commander Julian Bennett and Chief Superintendant Wayne Chance, and a lay member, Andrew Lowe, adjourned to discuss the matter. | The disciplinary panel, comprising two senior Met officers, Commander Julian Bennett and Chief Superintendant Wayne Chance, and a lay member, Andrew Lowe, adjourned to discuss the matter. |
| The cause of death may be just one element in a series of actions comprising an A4 printed page that the disciplinary panel say amounted to gross misconduct, but it is likely to be a crucial one for Tomlinson's family. | The cause of death may be just one element in a series of actions comprising an A4 printed page that the disciplinary panel say amounted to gross misconduct, but it is likely to be a crucial one for Tomlinson's family. |
| The 47-year-old died shortly after Harwood struck him on the leg with a baton and pushed him to the ground as he tried to make his way home past police lines following a day of protests connected to the G20 meeting on 1 April 2009. An initial postmortem examination said Tomlinson, who was a long-term alcoholic, died of natural causes. | The 47-year-old died shortly after Harwood struck him on the leg with a baton and pushed him to the ground as he tried to make his way home past police lines following a day of protests connected to the G20 meeting on 1 April 2009. An initial postmortem examination said Tomlinson, who was a long-term alcoholic, died of natural causes. |
| But video footage, handed to the Guardian by someone observing the incident, showed Harwood's actions. Two further postmortem examinations said the cause of Tomlinson's death was internal bleeding caused by his falling to the pavement after the push. | But video footage, handed to the Guardian by someone observing the incident, showed Harwood's actions. Two further postmortem examinations said the cause of Tomlinson's death was internal bleeding caused by his falling to the pavement after the push. |
| An inquest in 2011 recorded a verdict of unlawful killing. However the trial, which ended in July, cleared Harwood of manslaughter. The riot police officer accepted that in retrospect his actions were excessive but said that at the time he felt threatened following a day of widespread disorder. | An inquest in 2011 recorded a verdict of unlawful killing. However the trial, which ended in July, cleared Harwood of manslaughter. The riot police officer accepted that in retrospect his actions were excessive but said that at the time he felt threatened following a day of widespread disorder. |
| The verdict dismayed Tomlinson's widow, Julia, and children, who feel the contradictory verdicts have left them in a legal limbo. | The verdict dismayed Tomlinson's widow, Julia, and children, who feel the contradictory verdicts have left them in a legal limbo. |
| The trial jury was not told details of Harwood's past record, notably that he quit the Met on health grounds in 2001 shortly before an earlier planned disciplinary hearing into claims he illegally tried to arrest a driver after a road rage incident while off duty, altering his notes to retrospectively justify his actions. Harwood was nonetheless able to join another force, Surrey, before returning to serve with the Met in 2005. The 45-year-old also allegedly punched, throttled, kneed or threatened other suspects while in uniform during other incidents. Most of the complaints were unproven. | The trial jury was not told details of Harwood's past record, notably that he quit the Met on health grounds in 2001 shortly before an earlier planned disciplinary hearing into claims he illegally tried to arrest a driver after a road rage incident while off duty, altering his notes to retrospectively justify his actions. Harwood was nonetheless able to join another force, Surrey, before returning to serve with the Met in 2005. The 45-year-old also allegedly punched, throttled, kneed or threatened other suspects while in uniform during other incidents. Most of the complaints were unproven. |
| The disciplinary hearing, which was postponed until after the trial, said Harwood's actions on the day amounted to gross misconduct over four standards of expected professional behaviour: authority, respect and courtesy; use of force; orders and instructions; and discreditable conduct. | The disciplinary hearing, which was postponed until after the trial, said Harwood's actions on the day amounted to gross misconduct over four standards of expected professional behaviour: authority, respect and courtesy; use of force; orders and instructions; and discreditable conduct. |
| It is only the second time the Independent Police Complaints Commission has instructed police to hold a disciplinary hearing in public following a law passed in 2008. | It is only the second time the Independent Police Complaints Commission has instructed police to hold a disciplinary hearing in public following a law passed in 2008. |
| The only other public hearing concerned officers accused of failing in their duty when they did not respond to repeated calls from Colette Lynch, a young woman in Rugby, Warwickshire, after threats from her former partner. He stabbed her to death days later. | The only other public hearing concerned officers accused of failing in their duty when they did not respond to repeated calls from Colette Lynch, a young woman in Rugby, Warwickshire, after threats from her former partner. He stabbed her to death days later. |
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