On 2nd October 2013, PC Joanne Kelly of the Merseyside Constabulary was dismissed by a misconduct panel after a finding of gross misconduct in relation to her conduct in the arrest of Kyle McArdle in December 2009. McArdle, who claimed to be entirely innocent, had alleged that PC Kelly had assaulted him, without reason or provocation, by tasering him a number of times in the back of a police van after his arrest on a night out in Liverpool city centre. A disciplinary hearing concluded that PC Kelly had breached the standards of professional behaviour in such a serious manner that she should be dismissed.
The original decision to dismiss PC Kelly was widely publicised at the time, in the national press and by the IPCC:
IPCC http://www.ipcc.gov.uk/news/merseyside-police-officers-dismissed-after-tasered-man-appealed-ipcc
BBC http://www.bbc.co.uk/news/uk-england-merseyside-24620997
Mirror http://www.mirror.co.uk/news/uk-news/two-police-officers-sacked-after-2478536
Surprisingly, the press have not rushed to report the decision of the Police Appeals Tribunal on 17th June 2014 overturning the disciplinary findings and ordering that PC Kelly should be reinstated.
Simon Gurney appeared on PC Kelly’s behalf before an independent appeals tribunal and argued that the decision made by the misconduct panel was unreasonable and a result of an unfair procedure. The Tribunal agreed with Simon’s submissions, finding that the disciplinary panel had failed properly to take into account inconsistencies in Mr McArdle’s evidence and failed to address significant evidential issues in deciding whether the allegations were proved. The Tribunal also found that the panel had acted unfairly in the procedure that it adopted. The Tribunal overturned the decision of the misconduct panel on the basis that it was both unreasonable and a result of an unfair procedure.
Simon Gurney was instructed by Alan Greenidge of Slater & Gordon Lawyers, Manchester.