Ex-Hampshire police officer committed gross misconduct
John Apter said he's like to 'comfort' widow of a policeman killed on duty
Last updated 4th Oct 2024
A former head of the Police Federation of England and Wales has been found by a disciplinary tribunal to have committed gross misconduct by making a sexual comment about police widow Lissie Harper.
John Apter, who retired as a PC from Hampshire and Isle of Wight Police in 2022, was found by the panel to have said that he would like to "comfort" PC Andrew Harper's widow Lissie in his hotel room, shortly before she collected a posthumous award on behalf of her late husband.
PC Harper was killed while responding to a bike theft by three teenagers in Berkshire in August 2019 just four weeks after getting married.
Mrs Harper was made an MBE in 2022 for her campaign to strengthen the law in his memory, which was known as Harper's Law.
The panel, sitting at Hampshire Constabulary's strategic headquarters in Eastleigh, ruled that Mr Apter had made the comment about Mrs Harper during a staff "huddle" during preparations for the awards ceremony during the annual Roads Policing Conference in January 2020.
Legally Qualified Chair Giles Pengelly said: "We find the comment made about Lissie Harper proved and is proved to the level of gross misconduct."
The panel cleared Mr Apter of a second allegation that he said in early 2019 to a pregnant Police Federation colleague: "Maybe you'll get a bum now."
And the panel also cleared the 55-year-old, who served as an officer for 30 years, of an allegation that he had touched the bottom of a woman, referred to as Female A, at a restaurant while visiting London for the National Police Bravery Awards in December 2021 before asking her: "Is that okay?"
Mr Apter had denied the three allegations, which followed an investigation ordered by the Independent Office for Police Conduct (IOPC), and had told the tribunal that he "absolutely" had not made the comments.
He said he had only "scratched" the woman's upper back, and added that he found the claims "deeply hurtful".
Mr Apter, who started his career in policing in 1992, had spoken out against the use of sexist nicknames as part of a canteen culture in the police in 2021, after the murder of Sarah Everard by a serving officer.
He wrote in the Sunday Times: "Misogyny is not just a problem for women, it's a problem for us all. Far too often there is silence when this takes place, and through this inaction, we are failing each other and wider society.
"We need to consign to the history books some of our canteen culture where sexist nicknames and derogatory remarks are made. When banter crosses the line to become sexist, derogatory or homophobic, that's when it ceases to be banter."
He told the hearing that he had "challenged" inappropriate behaviour by police officers and stood by his public comments about misogyny.
The hearing was adjourned for the panel to consider its sanction against Mr Apter.
Mr Pengelly told Mr Apter that had he been a serving officer he would have been dismissed without notice.
As a result of the sanction handed down by the panel, Mr Apter's name will be automatically added to the College of Policing's list of barred officers for at least five years.
Mr Pengelly said: "We have concluded that if Mr Apter were a serving officer, the least sanction would be dismissal, on account that he is no longer a serving officer and is an ex-officer, the appropriate sanction would be dismissal without notice."
Cecily White, for the appropriate authority Hampshire Constabulary, said Mr Apter's comment was "lewd" and it was "clearly sexually suggestive, demeaning and derogatory about women".
Ms White said: "The public would have regard to the fact that this was a policing event, it was a federation event, and that disconnect between the face that was shown to colleagues internally and the public externally is one that which would be held in low regard by members of the public generally."
She said that because of his high-profile position, Mr Apter had a "responsibility to set a good example" to other officers, adding: "It's of particular concern that police officers deal respectfully with women, particularly in front of other policing colleagues."
She said: "This is really about the damage to public trust and confidence in policing and the discredit it could bring on the service, and hampering the good work of other officers up and down the country."
Ailsa Williamson, representing Mr Apter, said there had not been any further complaint against Mr Apter in relation towards Mrs Harper.
She said: "All the evidence before you is that John Apter took a very serious approach to Lissie Harper's needs at the policing event."
She added that after Mrs Harper was informed of the comment, "her observation was that she was surprised by the allegation because John Apter had only been professional and kind to her on the handful of occasions she had met him".
Ms Williamson said Mr Apter had been a "strong advocate for female rights, adding: "He is not someone who has displayed sexual attitudes."
She added that Mr Apter hoped that the "brief and casual way" the comment was made would reduce the "harm" to Mrs Harper and "public confidence in policing".
She said: "You are dealing with an officer of 30 years of exceptional service and it was his dedication to policing that led to a deterioration in his health and the decision he shouldn't stand for a second term of chair of the Police Federation.
"The length of these proceedings and the investigation has had a significant impact on his health and damaging effects on his reputation, which before these proceedings was completely unblemished."
The Police Federation of England and Wales said that it would not be commenting on the case.