Two former Metropolitan Police officers have been handed their jobs back and will receive back-pay after winning an appeal against a ruling that they lied by saying they could smell cannabis during a stop and search of British athlete Bianca Williams and her partner.
Ex-constables Jonathan Clapham and Sam Franks were dismissed in October last year after a disciplinary panel found they lied about smelling the drug when they pulled over Olympic sprinter Ricardo Dos Santos and his partner Williams on July 4 2020.
The police followed the athletes as they drove back from training to their west London home with their baby son, then three-months-old, in the back seat of their Mercedes.
Now, the disciplinary panel finding has been overturned by the Police Appeals Tribunal which found the original decision was “irrational” and “inconsistent”.
Clapham and Franks were “dedicated, hard-working and much respected officers” whose reputations had been “ruined” by the original findings, Appeals Tribunal chairman Damien Moore said.
“Both officers did not lie,” Mr Moore continued.
“Both officers will now be reinstated to the Met Police.
“They should receive back-pay.”
Rick Prior, chair of the Met Police Federation, described the appeal as “yet another damning indictment of the Independent Office for Police Conduct” for mounting a “political witch hunt against two hard-working police officers”.
In a statement after the hearing, Mr Dos Santos said: “The appeal decision is disappointing.
“Our drive home from training in 2020, with our baby, should never have turned into a violent incident where we were wrongly accused of smelling of drugs.
“We are professional athletes, we pride ourselves on not doing drugs.
“The actions and allegations of the officers were completely unacceptable.
“The IOPC were clear that all four officers lied.”
He added: “We shall challenge today’s outcome in the civil courts.“
During the incident, officers handcuffed the couple and they were searched on suspicion of having drugs and weapons, but nothing was found in Lanhill Road, Maida Vale.
The force came under heavy criticism after footage of the stop was posted on social media, showing a distressed Williams who was concerned about being separated from her baby.
Misconduct panel chairwoman Chiew Yin Jones said Clapham and Franks’ conduct had breached standards of professional behaviour in respect of honesty and integrity and this amounted to gross misconduct. They were then sacked.
In the wake of their dismissal, an online appeal raised more than £150,000 for the officers.
Hugh Davies, representing Clapham at the appeal, said the officers had “every reason to suspect criminality” when they pulled Dos Santos over.
“Look at how he had driven. Fifteen seconds to get out of the car. His whole attitude.”
Mr Davies said another officer at the scene had smelt cannabis, but was not found to have lied.
“These findings are inherently unreasonable,” he continued.
“There was a smell of cannabis.
“It’s unreasonable to assume Clapham did not smell cannabis in the area and lied about it.
“The idea that an officer of (Clapham’s) character should lose his career is contrary to all fair sense.”
“He is a person who is an absolute credit to the police.”
At the Paris Olympics this summer, Williams was part of the women’s 4x100m quartet heat, with the Team GB team qualifying for the final and going on to win a silver medal.
Deputy Assistant Commissioner Jon Savell said: “We know this has been an overly lengthy and horrendous process for PC Clapham and PC Franks, as well as their families and colleagues. The original, independently chaired panel found the officers were dishonest, which the PAT has now overturned as irrational.
“We also recognise the impact this case has had on all involved, and have previously apologised to Mr Dos Santos and Ms Williams for the distress caused during this incident.
“Ultimately, the evidence has shown that the stop and search and the actions of the officers did not amount to misconduct.
“However, stop and search is most effective when used with the trust and confidence of Londoners.
“The upcoming launch of our new stop and search charter, co-written by Londoners, is helping us greatly with this work.”
Mr Prior, of the Metropolitan Police Federation, added: “Justice has been served. Why it ever got to this point however remains an absolute mystery.
“PC Jonathan Clapham and PC Sam Franks have today been fully exonerated and their reputations have rightly been restored. We are delighted for them.
“But this result is yet another damning indictment of the Independent Office for Police Conduct. Who holds them to account for what was a political witch hunt against two hard-working police officers?
“Our colleagues have been dragged through hell and back for four years. For doing nothing more or less than the job the public of London expect us to do.
“Londoners would want officers to act when they saw such behaviour on our roads... and it remains astonishing that officers lost their jobs for doing their job.
“PC Clapham and PC Franks have had the full support of the Metropolitan Police Federation throughout this horrific ordeal. We thank their Federation Representative Joe Ross and their legal team for their work.
“We ask now that PC Clapham and PC Franks are allowed to carry on with their lives and their careers should they wish to.”
An Independent Office for Police Conduct spokesman said: “We note the outcome today of the officers’ appeal and await the written decision by the Police Appeals Tribunal.”
