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Pc Simon Harwood could still face manslaughter charge
Justin Davenport and Kiran Randhawa4 May 2011
The police officer who struck Ian Tomlinson at the G20 protests moments before his death will face a public misconduct hearing, it was announced today.
Pc Simon Harwood, 44, will become the first officer in the Met to face a public hearing for an accusation of wrong-doing.
Today the Independent Police Complaints Commission directed the force to hold the hearing in public because of the "gravity and exceptional circumstances" of the case.
The decision comes after an inquest jury ruled that Mr Tomlinson, 47, had been unlawfully killed after he was shoved violently from behind by Pc Harwood and fell to the floor during the G20 demonstrations in 2009.
The jury concluded that the police officer "deliberately and intentionally" used "excessive and unreasonable" force when he lashed out at the newspaper vendor, hitting him with his baton and shoving him to the ground.
The finding means that Pc Harwood could now face manslaughter charges as the Director of Public Prosecutions announced he would review an earlier decision not to prosecute.
Today IPCC commissioner for London Deborah Glass said: "Over the past weeks the evidence from our investigation has been heard, tested and challenged at the inquest. The verdict speaks for itself.
"The conclusion of the inquest is an important stage in the process but it is not the final one particularly as the inquest does not - indeed cannot - determine accountability which is a matter of exceptional public concern in this case. I have therefore decided that due to the gravity and exceptional circumstances of this case, the misconduct proceedings should be heard in public."
The Met said in a statement today that the force wanted to proceed with the hearing as soon as possible but the timing would be decided by chairman, Commander Julian Bennett.
Pc Harwood is facing four accusations of gross misconduct, including that his "dangerous actions inadvertently caused or contributed to the death of Mr Tomlinson" and using unnecessary force. He is expected to be sacked.
A serving Met officer unlawfully sublet his council flat, it was claimed today. Pc Stephen Holt offered to rent his council property to an undercover reporter at £359 more than he pays Southwark council in weekly rent, according to a BBC investigation.
Panorama makes the claim tonight
as part of its investigation into social housing.
Reader views (25)
Hansel, London, 04/05/2011 15:39 -
A little like that electrician that shot himself in the head in Stockwell.
Yeah, and several times too, amazingly...
- ID, South Coast, UK, 05/05/2011 08:27
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It is hard to side with PC Harwood....he shouldn't have been there...he shud have been sitting in his van (yes boring but vital part of the team). he has made a fool of himslef and the police.
However...don't tar all police officers with the same brush! the lovely lefties can sit passing judgement on how demo's are policed but never come up with a workable solution...it ends in viloence as you are allowed to roam around london!
also everyone says the confidence is lost in the police...is it the polices fault they are stuck behind a desk doing the endless paperwork to cover their backs from civil claims and fill the stats book? the Home office dictates all this red tape...they have to comply as they are not allowed to strike like the adored tube workers!
just remember who runs towards the man armed with a knife whilst everyone walks/runs by not wanting to get involved or hiding scared!
just remember who comes if someone has a problem! its not the leftie guardian readers hiding behind the sofa!
- JAY, London, 04/05/2011 22:04
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If Harwood faces a public police disciplinary enquiry, will he then be able to claim that he cannot then receive a fair trial? Police disciplinary action should be in private or delayed until after the DPP decides whether Harwood should face prosecution.
- Chris, Sevenoaks, 04/05/2011 18:34
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But for the actions of this policeman, Ian Tomlinson would be alive selling papers today. I don't think you can dispute this fact. As his life was brought to a premature end by Harwood, he should be charge with manslaughter.
- Two20, Puerto Pollensa, 04/05/2011 16:58
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Police > CPS > Justice. Simply does not compute.
A little like that electrician that shot himself in the head in Stockwell.
- Hansel, London, 04/05/2011 15:39
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What really is quite shocking is that the CPS have now publicly decided to review their evidence against PC Harwood. It has taken a Jury to find that Ian Tomlisnon was unlawfully killed for them to reconsider their original decision. This whole scenario absolutely STINKS!!! Why is it the Met Police DPS Department could not find any evidence in their investigation to substantiate charges being brought against PC Harwood, secondly the IPCC dithered for nearly two weeks, again their investigation was tame and clearly wasnt thorough enough, why wasnt it strong enough to support charges? Finally the CPS on all of the evidence provided to them still did not bring charges against Harwood. Absolutely disgraceful, one rule for the police and another for Jo Public. This officer is a thug in uniform and should have faced a criminal court over a year ago. In closing why did he drag and pull a BBC Cameraman to the ground, what is it exactly this thug has to hide?
- Robert Jackson, London, 04/05/2011 15:27
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Couldn't agree with you more, Derek from Southampton. This individual was supposed to be guarding a van (and, incidentally, ensuring the safe and swift withdrawal of his colleagues should this have proved necessary). Instead of this, evidence suggests he was a marauding brute looking for trouble and meting out violence and aggro.
I'd have a lot more confidence in the police if they were more honest about their failings (which exist in ANY organisation, however good) and more transparent in dealing with their own affairs.
- A pensioner, London, 04/05/2011 15:00
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What is there for the DPP to decide? An inquest jury decided it was an *unlawful* killing. There is no doubt as to the identity of the killer. So charge him with manslaughter, and let another jury decide the only remaining issue: guilt "beyond reasonable doubt", or not.
- Nigel, London, 04/05/2011 14:54
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Of most concern in all this is the fact that the first reaction of the Police was to lie about the extent of their involvement in this - a position they would presumably still be maintaining had the damning evidence of Mr La Jaunie's film failed to emerge? The fact that Mr Tomlinson was possibly the worse for drink and had some pre-existing health issues is irrelevant. He was fundamentally an innocent bystander who was the victim of an unprovoked and rather cowardly attack. Of course PC Harwood should be prosecuted, and of course individuals like him who are prone to carrying out such attacks have no place in the Police Force.
- Derek, Southampton England, 04/05/2011 14:16
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So 4 of Blunketts Bobbies are caught going in a brothel in Soho and are sacked within a month, despite not getting up to any hanky panky. PC Harwood is allowed to continue claiming a wage and contribute to a handsome pension yet he killed someone. STILL TRYING TO WORK THIS OUT!
- Steve, UK, 04/05/2011 13:37
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Bang the thug Harwood up behind bars for as long as the law allows, that may just slow down the other thugs in uniform following on behind him.
- Joe Jones., Leicester UK, 04/05/2011 13:16
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First of all sack him , there are to many like him in the force,big headed and in the end thick ,further more stop his pension. then take him to court . As for raj, Basildon. The public have lost confidence in the police years ago. You only have to watch them in the street to realise that there not in the job to do anything for the public but to wear the uniform and strut about .
- Hamilton Straker, Ealing London, 04/05/2011 13:09
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He should be charged with Assault or Actual Bodily Harm or something. He had NO idea that Ian Tomlinson had many, many existing conitions/illnesses. If PC Harwood pushed a healthy person over they would NOT have died. The Police must be able to police and defend the public and property. BUT I think different organisations should get together with them and make a decision HOW to police a violent demo.
- katherine, barnet, 04/05/2011 11:52
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I watched in disgust the several examples of PC Harwood going about his business at the demonstrations on TV last night. Here is a man clearly happy to inflict pain on anyone coming into his sights, including a TV cameraman, without regard to whether the victims of his aggression deserved his attentions or not. The man is clearly a "trigger-happy" thug and should be put on trial.
- ID, South Coast, UK, 04/05/2011 11:50
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The Director of Public Prosecutions is to examine whether there is enough evidence...
Apart from the fact that a jury has found that Mr Tomlinson was unlawfully killed by PC Harwood, as shown in the infamous video, how much more evidence does the DPP need?
- Baron von Richtofen, Biggin Hill, 04/05/2011 11:45
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'The police have a thankless task on these demonstrations, I feel PC Harwood has suffered enough.'
Looking at the channel 4 video of his behaviour that day , he's a thug looking for agro. [ How many others he hit , and on how many other demos , how many more like him are there ?]
- chris m, morbihan , france, 04/05/2011 11:08
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"There is no prima facie evidence with which to prosecute the Pc involved- pete, Croydon"
Of course, Peter!
There is never prima facie evidence with which to prosecute, when it is a policeman, because they are clearly not subject to the same law, like the rest of us.
If one forcefully hit you from behind using a truncheon and then one "deliberately and intentionally" showed you on the ground, causing your death, would one get away with it?
My foot, one would!
- John Smith, London, EUSSR, 04/05/2011 11:05
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@ Emily, Bucks
You may be right in what you say but given that IT had his back to the police and was walking away from their lines with his hands in his pockets, suggest that however reluctantly, he was complying with their instruction. He only wanted to go home and the police were blocking his way. Let's not forget that IT was just a worker trying to get home and that a bit of common sense, something that seems to be completely lacking in today's modern coopper, would have avoided the situation. Oh yeah, Harwood has previous!
@ dhan raj, "Caveat Emptor" Are you Del Trotter?
- Mark, Gerrymandered African Republic of Southwark, 04/05/2011 11:03
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The media fail to mention Mr Tomlinson was asked to leave the protest lines a few times before Pc Harwood pushed him. The police have a very difficult job controlling any protest and it is such a sad situation for Ian's family and Pc Harwood. A life lost, and a prolonged suffering for both parties. There's never such thing as a peaceful protest
- Emily, Bucks, 04/05/2011 10:30
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Its up to the Jury to decide as to his guilt, not you or I. But the evidence on seurity cameras suggests strongly that there was a deliberate push with baton, and it was not necessary. The PC was not to know as to T's state of health or his alcoholism, but then its 'caveat emptor'. The DPP should bring a charge.
- dhan raj, basildon, 04/05/2011 10:14
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dhan raj, basildon
Yet again you are talking absolute rubbish. There is no prima facie evidence with which to prosecute the Pc involved. There was, however, prima facie evidence to instigate an investigation in the first place, but the CPS, with full knowledge of all the facts, unlike you, concluded that the burden of proof, required under the criminal law, had not been reached. The common law has moved on from the middle ages when a person could be tried, convicted and sentenced simply to appease a section of the public or a person with influence and authority over others, no matter how unjust the CPS decision appears to have been in this particular case.
- pete, Croydon, 04/05/2011 09:51
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We have already lost all confidence and trust in the police in this country...never visible and too much time behind desks. Some don't even bother to report break-ins as they don't believe the force will act in the professional way of the distant past.
- Rod, Epping, UK, 04/05/2011 09:14
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Lets not forget the true reason for this sad death was because there was a demo that day .
How are the other prosecutions if any going for all the criminal damage to London in that demo and more recent ones .
- remus, london, 04/05/2011 09:00
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The police have a thankless task on these demonstrations, I feel PC Harwood has suffered enough.
- shallotman, Basildon, 04/05/2011 08:46
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The general feeling is that he should face trial on manslaughter charges because there is enough prima facie evidence; he will plead 'no intent', otherwise he public are ging to lose confidence in the Police.
- dhan raj, basildon, 04/05/2011 08:45
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