The chief constable of Devon and Cornwall police is under criminal investigation over serious allegations of sexual offences, the police watchdog for Northern Ireland has announced.
Will Kerr has been under investigation for several months over allegations dating back to his time as a senior officer in the Police Service of Northern Ireland (PSNI). He has “strenuously denied” any wrongdoing.
Kerr was suspended from duty by the police and crime commissioner for Devon and Cornwall on Wednesday, and the police watchdog for England and Wales announced an independent investigation into him.
There are now multiple criminal and disciplinary investigations under way. Initially, the public reason given for his suspension was for misconduct issues. But the Police Ombudsman for Northern Ireland later confirmed that it was investigating allegations of sexual assault against Kerr. Sources have told the Guardian these include rape.
In a response on Wednesday night, Kerr said: “In relation to the statement from the Police Ombudsman for Northern Ireland in which she named me as being the subject of a criminal investigation into serious allegations of sexual offences, I strenuously deny any allegations of criminality.
“I recognise and respect the fact that accountability and due process are vital to any investigation, regardless of rank or position,” he continued. “I will continue to cooperate with any investigation. I hope that all matters will be expedited so that they will be concluded without delay.”
Before the announcement by the ombudsman, rulings made by judges on privacy had left news organisations unable to report the allegations of sexual assault against a serving chief constable.
Kerr, whose suspension comes eight months after he became chief, has not been arrested.
The Conservative police and crime commissioner (PCC) for Devon and Cornwall, Alison Hernandez, knew about the allegations since at least April, but did not suspend Kerr.
Prior to the announcement, senior policing and Whitehall sources had told the Guardian they were concerned that failing to suspend Kerr could damage confidence, and believed a more junior officer would have been suspended if allegations of a similar gravity had been made against them.
Solicitor Debaleena Dasgupta, of the Centre for Women’s Justice, said the failure to suspend Kerr for months after the criminal investigation began was a betrayal of the promises policing had made to change after the David Carrick case and other scandals.
“I think that women’s confidence in the police is at its lowest point ever,” she said. “What they have been promised when issues arise was that they will be tackled immediately and as a matter of urgency.
“The failure to suspend and waiting four months, is a betrayal of that promise from the police.”
Stephen White, former chair of the Police Federation of England and Wales, and also the former acting PCC in Durham, said: “Suspension is a neutral act. Regular officers get suspended in relation to misconduct frequently. It beggars belief that there is a different rule for a chief constable facing a serious criminal allegation.
“Junior officers will feel, as may the public, that not suspending a chief constable facing serious allegations is hypocrisy. Public trust in the police is dependent on the public believing that when things go wrong, they will be dealt with properly.”
Lord Paddick, a former deputy assistant commissioner in the Metropolitan police and the Liberal Democrat spokesperson on home affairs in the House of Lords, said: “This raises questions about whether the system of police governance is really working.”
PSNI started investigating the allegations earlier this year, but last month the watchdog in the province, the Police Ombudsman for Northern Ireland, used its legal powers to take over the criminal inquiry. It has also decided to investigate whether PSNI mishandled the allegations of sexual assault when they were first made in 2016.
The allegations date from Kerr’s 27 years serving in PSNI, which he left having reached the rank of assistant chief constable.
Sources have told the Guardian that one issue referred by the PCC to the police watchdog that directly led to the decision relates to vetting. The other reason was any potential discipline issues that come from the criminal investigation into the alleged sexual assaults, which could see disciplinary charges even if there are no criminal charges.
An IOPC spokesperson said: “Following assessment of a referral from the police and crime commissioner, we have decided to investigate allegations of misconduct against the chief constable of Devon and Cornwall police, Will Kerr.”
The Police Ombudsman for Northern Ireland said: “The Police Ombudsman commenced a criminal investigation into serious allegations of sexual offences against a former PSNI senior officer, currently the chief constable of Devon and Cornwall, on 16 June 2023 ...
“The ombudsman will also consider the circumstances under which the allegations were investigated by PSNI.
“The office has been engaging with the IOPC on cross-jurisdictional issues in recent weeks, as well as with the office of the Devon and Cornwall police and crime commissioner.”
Kerr has been the chief constable of Devon and Cornwall since December 2022, having been headhunted by Hernandez for the post.
He took over the Devon and Cornwall force after it was placed in special measures by His Majesty’s Inspectorate of Constabulary, the policing inspectorate. It was criticised over the Plymouth shootings in 2021 in which five people were shot dead, with the gunman then killing himself. Police had handed a firearm back to the gunman weeks before he went on the rampage, having previously revoked his licence.
Kerr joined from Police Scotland, where he was deputy chief constable. Before that he served at the National Crime Agency, as well as spending more than two decades in the PSNI, where he reached the rank of assistant chief constable.
For any other rank, the appropriate authority to decide on whether an allegation merits suspension would be the chief constable of the force. But the authority when the allegation is against the chief constable is the police and crime commissioner.
Another senior source told the Guardian that Kerr’s suspension raised concerns about the resilience of the force.
Kerr took leave after the allegations against him first surfaced. He returned to work and in May chaired a disciplinary panel convened by his force, where he sacked an officer for lying about the GCSE grade he got in a maths exam when a teenager.
A fortnight ago he represented his force at the annual police bravery awards in central London, surrounded by his fellow chief constables, some of whom knew of the allegations he faced.
Jim Colwell, the acting chief constable of Devon and Cornwall police, said: “I am keen to reassure the public that we will maintain our focus on delivering the best possible service to our communities.
“Public trust and confidence are at the very heart of our ability to police effectively and we are incredibly proud that in Devon, Cornwall and the Isles of Scilly we have the support of our communities.”
