Appeal over Wiltshire officer (From The Wiltshire Gazette and Herald)

Appeal over Wiltshire officer

5:00pm Thursday 2nd February 2012 in Wiltshire By Jill Crooks

Wiltshire Police is going to court in a bid to ensure it does not have to re-employ a sacked officer.

The force and police authority is seeking a judicial review into the decision by the independent Police Appeals Tribunal (PAT) in December that Mark Andrews should be given his job back.

Mr Andrews, a married father-of-two, was sacked by Wiltshire Police in January last year after a conduct hearing into an incident involving Pamela Somerville, who was detained at Melksham Police Station in July 2008.

Mr Andrews was convicted of assaulting Ms Somerville, causing her actual bodily harm. CCTV footage showed him dragging her across the floor of the custody unit before shoving her into a cell.

He spent six days in prison after a trial at Oxford Crown Court in 2010 before a judge quashed his conviction.

The appeal judge felt satisfied that Sgt Andrews had not intended to throw Ms Somerville into the cell but Wiltshire Police sacked him saying that his behaviour had fallen “well below the standards expected”.

Mr Andrews appealed against his dismissal from the force.

This was turned down by Wiltshire’s Chief Constable Brian Moore, but he appealed against that and the tribunal ruled that he be reinstated at his former rank.

On Monday, a Wiltshire Police spokesman said: “Wiltshire Police was surprised and disappointed by the PAT ruling and since then has been considering all the options available and taking legal advice on how this decision could be challenged.

“Today Wiltshire Police can confirm it is proceeding with a legal challenge to the decision of the PAT.

“The PAT ruled that Mr Andrews’ conduct had been intolerant and discreditable but they determined that he should be reinstated at his former rank immediately.

“Wiltshire Police and Wiltshire Police Authority maintain that all police officers and staff should at all times uphold the highest standards of professional behaviour, which the public have a right to expect from their police service.”

No date has been set for when Wiltshire Police will go to court but the spokesman said it would not be employing Mr Andrews, or paying his salary, until the action was concluded.

Christopher Hoare, chairman of Wiltshire Police Authority, said it was not unusual for forces to challenge tribunal decisions in court.