Norfolk police officer cleared of gross misconduct - after failing to stop after hitting a car in Suffolk
He argued he'd had an epileptic seizure during the crash - and had no memory of the event
Last updated 28th Feb 2024
A Norfolk Police officer who failed to stop after a crash in Suffolk has been cleared of gross misconduct.
The officer was driving a police car which collided with an Audi A1 on the A146 at Barnby, near Beccles, in March 2022, and failed to stop at the scene.
The driver of the Audi A1 was not injured but left shaken and minor damage was caused to the car.
Criminal charges initially brought against the driver were later discontinued by the Crown Prosecution Service, following the provision of medical evidence.
The constabulary’s misconduct investigation found the officer had no case to answer, based on the same medical evidence.
The driver of the Audi A1 appealed this decision to the Independent Office for Police Conduct (IOPC), which upheld the complaint, recommending the driver should face gross misconduct proceedings.
The constabulary implemented this finding, resulting in the gross misconduct hearing taking place on Monday 26 February and Tuesday 27 February 2024.
The hearing was overseen by a legally qualified chair, independent of the constabulary and appointed by the Office of the Police and Crime Commissioner.
The hearing accepted the expert evidence and dismissed the gross misconduct case against the officer.
Key medical evidence
Harry Ireland, the panel’s legally qualified chair, said the key evidence in the case was the medical evidence.
In particular, he referred to evidence from consultant neurologist Dr Pablo Garcia Reitboeck who concluded that at the time of the incident on 5 March 2022, the officer would not have been aware of his surroundings.
Mr Ireland said: “Dr Reitboeck stated that it remained his opinion that the officer had no control over the car when he collided with the car in front of him and was not aware of what was happening due to him suffering a neurological event, namely an epileptic seizure’.
“Thus, we had 2 expert consultant neurologists arriving at the same conclusion, namely that the officer at the time of the collision was suffering from an epileptic seizure whereby he would be unable to appreciate his surroundings and have no memory of events."
"Gross misconduct has not been found"
Chief Constable Paul Sanford said: “The outcome of this independent hearing is consistent with our original position in this case, in that the driver had no case to answer because of the medical evidence provided.
“Gross misconduct is a breach of the standards of behaviour that is so serious, it would justify the dismissal of that officer. In this case, the reason why the officer did not stop was because of a medical episode, and as a result of this, gross misconduct has not been found. The officer has my full support.
“As I’ve previously stated, I am sorry this incident happened. When we get things wrong, it’s important we take appropriate action, and my officers fully expect to be held accountable for their actions. However, the evidence presented about the driver’s neurological condition has been overwhelming. The officer has seen three different consultant neurologists and a specialist adult epilepsy nurse. With the officer’s permission, I can confirm he has been diagnosed with a form of epilepsy.
“Policing holds an important role in society; it’s only right we are subject to scrutiny by the media who act as the eyes and ears of the public.
“This case has received extensive local media coverage with allegations of ‘collusion and cover-up’ levelled towards the constabulary.
“Throughout this case, we’ve followed procedure, responded proportionately, been open and honest with the victim and shared all relevant information with them, as we would in any case.
"There is no cover up"
"There is no cover-up. The independent chair of this gross misconduct hearing reached the same conclusion as the constabulary did when we first assessed this case.
“While not applicable to this case, I’ve made it clear that people who display the wrong behaviours have no place in policing and since 2022, 12 police officers have been dismissed for gross misconduct.
“We take allegations of misconduct extremely seriously and have robust measures in place to identify and investigate.
“This investigation and the associated publicity have had a profound and serious impact on the officer and his family.
"The medical evidence presented in this hearing was overwhelmingly clear that the officer suffered an epileptic episode and has continued to suffer seizures in the months that have followed.
"Any questions relating to the officer’s conduct and character must now finally be rejected.”