29 Nov 2010

Police officer accused of G20 attack faces misconduct charge

A police officer who was not prosecuted over the death of newspaper seller Ian Tomlinson during the G20 protests in London is accused of gross misconduct.


Demonstrators lay flowers on the spot where Ian Tomlinson died during the G20 demonstrations in London (Reuters)

PC Simon Harwood is accused of hitting the newspaper seller with his baton and pushing him to the ground in actions that “inadvertently caused or contributed” to his death on April 1, 2009.

It will also be claimed that he used force that “was not necessary, proportionate or reasonable in the circumstances”, and the Independent Police Complaints Commission (IPCC) is consulting on whether to hold the misconduct hearing in public.

The incident was captured on camera, and Deborah Glass, IPCC deputy chairwoman, said today: “From the moment the video was published to the world in April 2009, there has been an overwhelming public feeling that the officer seen to strike Ian Tomlinson should be held accountable for his actions.

“I have agreed with the Metropolitan Police Service that the officer should face an allegation of gross misconduct, in that he struck and pushed Ian Tomlinson on April 1 2009, such dangerous actions inadvertently causing or contributing to his death.

“The officer has today been served with the papers to allow the hearing to be held. Because of the gravity and exceptional circumstances of this case, I consider that it may be in the public interest for me to direct that the hearing be held in public.

“I have therefore begun the required process of consulting the necessary parties. These include the Tomlinson family, the officer himself, and any witnesses, before I make a decision.”

This would not be enough for Julia Tomlinson, widow of Ian Tomlinson, who said today: “The possibility Harwood might lose his job is not the genuine accountability that our family have waited so long for.

“Whilst we believe that any disciplinary hearings must be held in public, we have already been badly let down by the Crown Prosecution Service and have real worries that these misconduct proceedings will lead to yet another whitewash.

“We are also gravely concerned that holding hearings before the inquest takes place may prejudice its outcome and further undermine the possibility of the kind of justice that overwhelming public feeling demands.”

In July, Keir Starmer, the Director of Public Prosecutions, said there was “no realistic prospect” of conviction in connection with Mr Tomlinson’s death.

But PC Harwood could be dismissed without notice if the misconduct allegations are proven, the Metropolitan Police said.