A police officer has spoken out after his colleague was exonerated of any wrongdoing after being falsely accused of removing a male’s religious headdress and ‘stamping’ on it.
Last week, the Independent Office for Police Conduct (IOPC) announced that the West Midlands Police sergeant, who was accused of disrespectfully removing a Sikh man’s religious head covering, a Patka, during an arrest in October 2021, has been exonerated of all gross misconduct allegations.
The complaint originated from the man detained at the Perry Barr custody suite in Birmingham, who contended that the sergeant’s actions had caused him ‘trauma’ and amounted to racial discrimination.
The incident – which gained widespread publicity thanks to the mainstream media – incited significant local unrest and prompted hundreds of angry protestors to gather outside the Perry Barr custody suite.
After an investigation that lasted nearly two years, the officer was cleared of any wrongdoing.
Speaking about the terrible way that the police sergeant was treated, Dave Hadley, the full-time Conduct, Attendance & Performance lead for West Midlands Police Federation, tweeted:
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‘This week, I have assisted a member through the final stages of a Gross Misconduct investigation and subsequent hearing. All in all a 21-month ordeal for the officer, who was afforded the very best possible representation by solicitor @J_Simner_Lawyer and the inimitable Harpreet Sandhu KC from @No5Chambers
‘The panel’s finding was ‘not proven’ to all alleged breaches of the SOPB. The complainant in the matter alleged that his patka (head covering) was “dragged” from his head and stamped on.
‘A large protest followed, and the whole incident was captured by incredibly clear CCTV. The complainant’s allegations were false. CCTV confirmed that at no time did anybody throw the complainant’s Patka to the floor and then ‘stamp’ on it. Neither did any officer threaten to “drag it from his head.
‘In fact, the complainant had been given every opportunity to remove his Patka himself in a private room but instead chose to be “difficult and intransigent”. The officer did everything he could to show courtesy & respect to an incredibly difficult, insulting complainant.
‘When the complainant refused to remove his Patka himself, the force that was used to effect the search required by law of the complainant was found to be both necessary & proportionate.
‘It was repeatedly put to the complainant during his evidence that he was being untruthful and exaggerating his account. Having sat through the evidence, I cannot see how any fair-minded person could not agree with those assertions.
‘The panel were surprised that with such clear CCTV footage, an impartial decision-making body should have thought that this case needed to be brought before a panel.” They added that they were “sorry for the officer that it has taken so long.”
‘Viewed against all this, it is difficult for me to reconcile that a senior officer from the force met with the complainant on the 4th of November 2021 and apologised to him for any distress he was caused from the incident.
‘CCTV was readily available at the time of the complaint- In my view, the matter should not have been recorded [see para 10.8: https://policeconduct.gov.uk/sites/default/files/documents/2020_statutory_guidance_english.pdf… ] and the complainant should not have been indulged.
‘We should not have subjected a hard-working officer to 21 months of hell. A timely reminder that we should wait to see the full facts before rushing to conclusions.’
Regarding the investigation, IOPC Regional Director for the West Midlands, Derrick Campbell, said:
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“We carried out a thorough investigation, and from the evidence gathered, it was our opinion that for one officer there was a case to answer for gross misconduct.”
Despite the clear CCTV evidence, the officer stood before an independent panel in a two-day hearing nearly two years after the incident.
The panel ruled that the sergeant had not violated professional police standards for authority, respect and courtesy, use of force, or equality and diversity.
Interestingly, since this ruling, many sections of the mainstream media, who were previously eager to cover the incident, have been noticeably quiet on the findings.
This shift in coverage is especially pronounced given the number of protests that were initially sparked by the incident.
Another six officers, also part of the IOPC investigation, were found to have no case to answer for misconduct.
After the ruling, West Midlands Police deputy chief constable Scott Green said an independent, legally qualified chair had held the hearing. In his statement, he made no reference to the stress endured by the officer:
“We do not underestimate the impact this incident had on the man as well as the Sikh community, both locally and further afield.”
He added: “I would like to acknowledge the valuable support of our Sikh police officers who provided a perspective to this sensitive case.”
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In such a case as this the Police generally are prepared to apologise without full consideration of the facts. Whilst this may be seen as a device to placate complainants it does nothing to support the Officers performing a difficult task in a critical environment. Whatever happened to senior officers ‘leading troops from the front?’
Even now the Deputy Chief Constable is expressing sympathy for the complainant who clearly lied from the start. I blame the senior management and the IOPC who had access to the CTV in stretching this case out…again.
Senior police officers are too political to support their teams as they have their eye on the national press at all times..
If a PC had dragged out this investigation for 21 months between 2 members of the public, they’d be sitting before SMT getting grilled as to why, when there is clear CCTV the investigation isn’t complete. Totally shambolic SMT decisions and investigation here The Sgt should be given a formal apology and the complainant prosecuted for making a false statement