Gross misconduct proven for former PFEW chair who made ‘sexually inappropriate comment’
A former Hampshire and Isle of Wight Constabulary officer, who at the time was chair of the Police Federation of England and Wales (PFEW), would have been dismissed for gross misconduct had he still been serving for making a “sexually inappropriate comment”, a disciplinary hearing has ruled.
It follows and investigation by the Independent Office for Police Conduct (IOPC) into former PC John Apter, who retired from the force in April 2022 during the inquiry, which was completed two months later.
The IOPC had received a mandatory conduct referral from Hampshire and Isle of Wight Constabulary on December 21, 2021, following an allegation that he behaved in a “sexually inappropriate way” towards an off-duty probationary police constable (Female A) the night before the National Police Bravery Awards event held in London earlier that month.
PC Apter also was reported to have made a “sexually suggestive and derogatory comment” to colleagues about a member of the public in 2020.
On January 28, 2020, he gave an award to Lissie Harper, the widow of PC Andrew Harper, a Thames Valley Police officer who was tragically killed in the line of duty in August 2019.
The evening before, when discussing how she should be looked after at the awards ceremony the following day, it was alleged that Mr Apter said: “I’d like to comfort her in my hotel room”.
The panel also heard that on a separate occasion in 2019, he was reported to have made an inappropriate comment to a pregnant female colleague.
“Following our investigation, we found that PC Apter should face a disciplinary hearing for potential breaches of the police standards of professional behaviour relating to authority, respect and courtesy; equality and diversity; and discreditable conduct,” the IOPC said.
Mr Apter denied each of the allegations, but the disciplinary panel – led by an independent legally qualified chair – decided that his comment about Mrs Harper breached the standards of professional behaviour.
The panel ruled that he would have been dismissed for gross misconduct had he not already retired from the force and he will now be placed on the police barred list. Gross misconduct allegations were not proven for the remaining allegations of inappropriate behaviour.
IOPC regional director Mel Palmer said: “John Apter’s comment about Mrs Harper was wholly inappropriate and it’s this type of behaviour that undermines public confidence in policing, particularly amongst women.
“His behaviour was even more concerning given his position of authority as chairman of the PFEW and demonstrated a lack of respect for women.”
As part of its investigation, the IOPC reviewed CCTV footage and took statements from numerous witnesses, including a video recorded interview from Female A and investigators interviewed PC Apter.
“At the conclusion of our investigation, we sent a file of evidence to the Crown Prosecution Service (CPS) to consider two criminal charges of sexual assault contrary to section 3 of the Sexual Offences Act 2003. In February 2023, the CPS decided not to bring any charges,” the IOPC said.