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Family of Denby Collins threaten legal action against Chief Constable of kent police if he refuses to stop the resignation of an officer under an IPCC investigation. Family argue that he has acted unlawfully in failing to suspend the officer and then refusing to accept that officer's resignation. This is not an isolated case and there have been many instances where police have avoided disciplinary proceedings by resigning or retiring.
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PRESS RELEASE Family of Denby Collins calls on Chief Constable to block officer's resignation 17 June 2006.docx
Family of Denby Collins threaten legal action against Chief Constable of kent police if he refuses to stop the resignation of an officer under an IPCC investigation. Family argue that he has acted unlawfully in failing to suspend the officer and then refusing to accept that officer's resignation. This is not an isolated case and there have been many instances where police have avoided disciplinary proceedings by resigning or retiring.
Family of Denby Collins threaten legal action against Chief Constable of kent police if he refuses to stop the resignation of an officer under an IPCC investigation. Family argue that he has acted unlawfully in failing to suspend the officer and then refusing to accept that officer's resignation. This is not an isolated case and there have been many instances where police have avoided disciplinary proceedings by resigning or retiring.
FAMILY OF DENBY COLLINS CALL ON CHIEF CONSTABLE OF KENT POLICE TO BLOCK
RESIGNATION OF OFFICER UNDER IPCC INVESTIGATION
17 June 2014
The family of Denby Collins, who has been in a coma since 15 December 2013, have today threatened legal action against the Chief Constable of Kent Police if he refuses to stop the resignation of an officer who is under an IPCC investigation, announced as recently as 5 June 2014, see here:
On the afternoon of Friday, 13 June 2014, the IPCC notified the solicitors for the Collins family that an officer who apparently handcuffed Denby Collins has tendered her resignation, which is due to take effect on 20 June 2014. In a letter before claim served on the Chief Constable today, the family have argued that he has acted unlawfully in failing to suspend the officer and then refusing to accept that officers resignation.
This is not an isolated case and there have been many instances where police have avoided disciplinary proceedings by resigning or retiring. In a speech to the Police Federation last month, Home Secretary Theresa May restated the governments intention to end this practice however despite first announcing this in February 2013 the situation remains unchanged.
Peter Collins, Denby Collins father said:
I and my family are very worried that we will never learn the truth of what the police did on 15 December 2013 if one of the arresting officers involved on that night resigns on Friday. There is no doubt in our minds that this resignation, if it goes ahead, will blight the IPCC investigation and the officer will certainly avoid any disciplinary action, should that be recommended by the IPCC when the investigation is completed.
We are deeply concerned that the Chief Constable, Alan Pughsley, has accepted this officers resignation. This is an insult to the family because the officer must have known about the independent IPCC investigation, as this was a decision made in early May 2010. Even if the resignation is not connected to the IPCC decision to investigate matters, we are disappointed that the IPCC has not stepped in to ensure justice is done by themselves advising Kent Police to suspend this officer and blocked the resignation, at least until the IPCC has completed its investigation Such resignations destroy public confidence in the police complaints system. We feel let down.
We may have no option but to bring a judicial review this week to try to get this resignation reversed, pending the outcome of the investigation and any disciplinary action.
Daniel Machover, solicitor at Hickman and Rose, acting for Denby Collins, instructed by Peter Collins, said:
This flaw in the system must be addressed as a matter of urgency. Police officers should not be able to evade investigation and potential disciplinary action and frustrate the justice process.
Ends
Notes to editors:
1. The letter before claim was sent to Alan Pughsley on 17 June. Details of the challenge include:
That his decision is contrary to Articles 2 and/or 3 of the European Convention on Human Rights; By accepting the resignation, the Chief Constable has prematurely concluded any IPCC investigation and possible misconduct recommendations relating to this officer; The Chief Constables actions risk being seen as collusion in or tolerance of misconduct by a police officer; The Chief Constable has failed to give adequate consideration to the impact on public confidence of permitting a police officer to avoid independent IPCC investigation and potential disciplinary action through early resignation; The importance of a disciplinary investigation in vindicating the Article 2 and/or 3 rights of the family of Denby Collins.
The Chief Constable has not yet provided the family with any reasons for the decision to accept the officers resignation.
The Chief Constable has been asked to suspend the officer with immediate effect and then withdraw his acceptance of the officers resignation, pending the IPCC investigation and final decisions determining the outcome of that investigation and, if appropriate, any recommendations for disciplinary action by the IPCC.
2. On 5 June, the family of Denby Collins welcomed the IPCC decision to carry out an independent investigation into Kent Police conduct at an address in Lower Rainham Road Gillingham on the night of 14/15 December 2013, where the police were responding to a 999 call. Peter Collins, the father of Denby Collins, said on 5 June We expect the IPCC to carry out a careful and robust investigation into all aspects of police conduct on that night. #
3. The family of Mr Collins were disappointed that the IPCC had refused to independently examine the complaints about the conduct of Operation Zion, the Kent Police investigation into what happened in Lower Rainham Road on 14/15 December. The police appear to have conducted a wholly inadequate investigation into what seems to have been a very serious assault inflicted on Denby Collins, which has left him in a coma 6 months after the event.
For more background please see these news reports from February 2014:
Hickman & Rose solicitors Website: http://www.hickmanandrose.co.uk
Hickman & Rose is a niche city firm with a criminal defence team and civil department. The civil team is renowned for its work in seeking public and private law remedies in the UK and other jurisdictions on behalf of victims of crime and other victims of the abuse of power by state agents within the criminal justice system. The combined resources and joint working of the civil and criminal defence teams position the firm uniquely to fight for justice on behalf of their clients in all arenas.
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