PC Sexy and where the buck stops
Wednesday 22nd June 2011, 2:30PM BST.
Back in February 2008, a leading consultant highlighted the ‘considerable confusion’ that existed over the role of the States of Guernsey as employer and how those responsibilities were assigned and exercised.
Dr Graham Robinson also highlighted the tendency to avoid difficult conversations about performance and the lack of a clear leadership focus.
Fast-forward three years and, instead of progress, it appears that the Law Officers, on behalf of the States, are prepared to argue that the highly-paid chiefs of the Guernsey Police and the Guernsey Border Agency are not responsible for their staff.
In fact, HM Procureur went further and said that not only could the States not be sued, neither could individual officers.
Moving ahead in time, when a community PC gets too familiar with a young single mother it seems that he has done nothing wrong either and that no one is in control of him.
As far as is known, when the conduct of the officer dubbed PC Sexy became known to his superiors they responded by moving him to other duties. It was only when the new police chief arrived and eventually found out about the incident that he was suspended.
And when the matter went to court, the judge says that although the victim’s account of what really happened was the more plausible, he would nevertheless find PC Sexy not guilty of indecent assault.
While the court might have had little option to do so on the narrow point of groping the young mum if any doubts existed over his guilt, by the officer’s own admission his conduct was below that expected of a law enforcer on duty. But that was acceptable until last November, when he was belatedly suspended.
The issue of who takes responsibility for the law enforcers is of crucial importance if the island is to have confidence in the way officers discharge their duties. Are they being properly directed or acting as out-of-control freelance units?
More importantly, who takes responsibility for their actions and where does any legal remedy lie?
As things stand, everyone seems to be washing their hands of the matter – and that sets Guernsey in a very poor light.
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Thank goodness someone has said this.
The Court’s decision that the States is not responsible for its own staff is truly appalling and must be overturned-irrespective of the unsavoury case in which it was reached.
Let’s be clear what this means. If you are assaulted by a police officer and indeed killed (as happened to Ian Tomlinson, the innocent newspaper vendor at the G20 protests), your family will end up with no legal redress. Even if you could sue the officer and win, your dependents’ losses may massively exceed his ability to pay.
it is a fundamental tenet of civilised society that a state is responsible for the actions of its employees – and I can think of no sensible jurisdiction where such a verdict could have been reached.
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“And when the matter went to court, the judge says that although the victim’s account of what really happened was the more plausible, he would nevertheless find PC Sexy not guilty of indecent assault”
Why?
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tis a shame this island has got a terrible reputation police force wise and here we have a decent police officer that everyone seemed to get on with and it looks like they are going to get rid of him, what a waste!
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