A police officer who called a man a “skanky f***er” and "scum" after tasering him has been granted early retirement.
Former PC Jon Kelly is facing various charges of misconduct over the handling of a 2017 domestic incident that saw Steven Pepper tasered by PC Ellen McLanhlan. The long-running saga has seen both officers cleared of criminal charges at a Crown Court trial but, five years on, the incident is yet to be fully resolved with both officers subject to a police misconduct hearing.
Mr. Kelly is accused of using “wholly inappropriate” phrases including “hopefully your dog will get run over” as well as using excessive force when allegedly kneeling on the man’s chest as he lay on the ground groaning. The hearing was originally due to last for one week in December but having drastically overrun, another two days were scheduled for this week Lancs Live reports.
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After the panel reconvened at Ormskirk Police Station on Thursday, the hearing was told Mr Kelly had been granted early retirement due to ill health. Panel chair Paul Forster said: “In relation to PC Kelly, the situation has changed in that ill health retirement has been granted which has an effect if we come to a sanction but other than that it doesn't make a difference here."
Representatives of both officers and of Lancashire Constabulary agreed the change would not have a major effect on the misconduct proceedings, other than that if sanctions are issued, they would have to be worded to explain what action would have been taken if he was still a serving officer.
The officers are accused of various allegations over their handling of an incident in Thornton Cleveleys as well as how the aftermath was dealt with. On that date, police were called to a domestic incident in which Cheryl Steele was arrested on suspicion of breach of the peace. Following the arrest, Mr Pepper is said to have become aggressive and was knocked to the ground when PC McLachlan used a taser on him.
This use of the taser was not "necessary or proportionate", with Mr Pepper said to have offered "no threat". As he lay on the floor, PC Kelly called him a “skanky f***er” and "scum", while also telling him “hopefully your dog will get run over”. Footage of those comments, which was played before the panel, is central to allegations of a "cover-up" over the initial failure to disclose it to the Crown Prosecution Service. However, that claim is strongly denied.
Today's hearing was again delayed for discussions between the representatives, in part as a result of newly disclosed evidence from Charles Apthorn, acting on behalf of Lancashire Constabulary. Lisa Judge, representing PC McLachlan, criticised the short notice coming just 48 hours before today's hearing and after several witnesses had already given evidence. She said it left open the potential for some to be needed to be recalled.
She said: "Ellen McLachlan, her future is on the line and yet again we're in a situation where hours before the hearing there's new evidence she must face. We all know justice must be seen to be done. We're all here but it's Ellen McLachlan whose future is on the line. It's deeply concerning that again a bundle has been submitted with only 48 hours' notice."
Both PC McLachlan and former PC Kelly are due to give evidence at the hearing, while Mr Apthorn is yet to conclude his evidence, and all parties need to make their final submissions before the panel can retire to consider its decisions. After a short time open to the public and more behind-closed-doors discussions, the case was again adjourned for a date yet to be set.
Both officers are accused of using excessive force and failing to carry out their duties and responsibilities to the best of their ability by being aware of Body Worn Video footage and failing to take steps to ensure it was disclosed during criminal proceedings. PC Kelly is also to have used behaviour and language towards a member of the public, which was or could be perceived to be abusive, oppressive, and offensive.
It is also alleged that PC McLachlan entered false information regarding a charging decision on an internal document with the CPS. Both are accused of breaching the police's Standards of Professional Behaviour as a result.
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