Wednesday, March 12, 2014

Gross misconduct probe over PC death

PC Ian Terry death: GMP officers face gross misconduct hearing

PC Ian Terry PC Ian Terry was killed in June 2008

Two Greater Manchester Police (GMP) officers are to face a gross misconduct hearing over the death of a PC who was shot in a training exercise.

PC Ian Terry, 32, from Burnley, Lancashire, was killed in June 2008 during police firearms training.

An officer who fired the fatal shot and another who organised the training exercise face an internal GMP hearing.

The Independent Police Complaints Commission said a third officer, who has retired, will not face the hearing.

The police watchdog conducted an independent investigation into the death.

Unloaded handgun

IPCC Commissioner James Dipple-Johnstone said: "One officer is now outside of the misconduct system having chosen to retire. There is nothing the IPCC can do to stop the officer retiring."

Mr Dipple-Johnstone urged the police to address situations where officers retired while investigations are ongoing.

He said it "does not benefit anyone if officers are perceived to have walked away from disciplinary matters".

A disused warehouse in Newton Heath in Manchester PC Terry was killed during firearms training at a disused warehouse in Newton Heath in Manchester

PC Terry was carrying an unloaded handgun while playing the role of a criminal fleeing in a car during the exercise at a disused warehouse in Newton Heath in Manchester.

The father-of-two, who was not wearing body armour, was hit in the chest from a distance of about 12in (30.5cm) by a blank round of specialist ammunition not designed to kill.

Failures

An inquest held in March 2010 found PC Terry was unlawfully killed.

The inquest jury ruled there were failures in the planning, training and safety measures employed during the exercise.

A Health and Safety Executive (HSE) prosecution was brought after the Crown Prosecution Service (CPS) said there was "insufficient evidence" to bring criminal charges relating to his death.

GMP was fined £166,666 and ordered to pay costs of £90,000 after admitting breaching health and safety legislation over the fatal shooting.

Two GMP firearms officers, who were not named, were charged with a breach of Section 7 of the Health and Safety at Work Act.

The section requires employees to take reasonable care for the health and safety of themselves and others.

One officer was found guilty and fined £2,000 and ordered to pay costs of £500 at Manchester Crown Court. The other was cleared.


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