‘Taser’ officers win £25,000 libel damages

Two officers wrongly sacked and later reinstated by Merseyside Police over improper use of Taser have been awarded £25,000 in damages after an assistant chief constable failed to correct an interviewer, the High Court has heard.

During an interview on BBC Radio Merseyside discussing the use of Taser by the force, the presenter referred to the sacking of PC Simon Jones and PC Joanne Kelly.

Assistant Chief Constable Andrew Ward did not correct the interviewer. Instead his response suggested that they remained sacked from the force and that their case was a prime example of conduct that Merseyside Police would not tolerate.

The libel case was heard at the High Court on June 4. The court heard that the inaccurate statement, which Mr Ward says he did not intend to convey, caused very significant damage, distress and embarrassment to the officers and they felt greatly injured and betrayed by them.

In a statement read out in court by Chief Constable Sir Jon Murphy, he publicly retracted the allegations and expressed his sincere regrets to both officers. The officers were awarded damages and had their legal costs paid.

In 2009, PCs Jones and Kelly detained Kyle McArdle when he was spotted urinating in an alley near Liverpool city centre.

He was put into the back of a police van and a Taser was discharged five times, including three times in drive-stun mode. The officers alleged he was violent and Taser was needed to restrain him.

Mr McArdle was charged with assaulting two officers but was found not guilty at a magistrates’ court hearing. He then made a number of complaints to the force, including that multiple use of Taser in the confined space of a police van was disproportionate.

After investigating the complaints Merseyside Police recommended the officers receive management advice about their lawful use of powers.

Unhappy that the force had not properly addressed his complaint, Mr McArdle appealed to the Independent Police Complaints Commission (IPCC).

The appeal was upheld and the IPCC recommended the force re-investigate the case, this time considering if the use of Taser would be justified had the victim been lawfully arrested.

A second appeal, which was also upheld, was lodged with the IPCC who found that the officers should have been served with notices for gross misconduct and interviewed under caution. As a result, PCs Jones and Kelly were dismissed.

Following an appeal in July 2014, the Police (Discipline) Appeals Tribunal determined that the conclusions had been unreasonable and unfair and that the officers should be reinstated.

Both officers retired on medical grounds in March.