Tomlinson family: We want answers from home secretary

Speaking to Jon Snow on Thursday’s Channel 4 News, Jules Carey said the family would be writing to Theresa May to ask why she decided that it was not necessary to review disciplinary and vetting procedures within the police.

A jury took 19 hours to clear PC Harwood (pictured), who was accused by the prosecution of a “gratuitous act of aggression”. Tomlinson’s wife Julia, stepson Paul King and other members of the family left the court in tears following the verdict.

Talking about the disciplinary records that were not revealed to the inquest into whether PC Harwood was guilty of manslaughter, Mr Carey said:

“We had to fight very hard to find out about the disciplinary record….when they (the family) were first advised of its content, they were shocked. They didn’t understand how he could be an officer in the force at all.”

Following the verdict, the Independent Police Complaints Commission, has said “significant questions remain” over PC Harwood’s behaviour on the fateful day, and over the Metropolitan police’s vetting procedures.

The questions follow revelations today that PC Harwood had been investigated by police over a series of violent incidents, and had previously retired from the Metropolitan police whilst under investigation.

Deborah Glass, deputy chair of the IPCC, said: “While the jury has today acquitted PC Simon Harwood of manslaughter, it is clear that significant questions remain in connection with his actions on the day Ian Tomlinson died.

“Whether or not those actions were reasonable will be tested further at a misconduct hearing in September, which I have directed will be held in public. There are also questions in this case that the Metropolitan police service must answer.

“PC Harwood was able to retire from the Metropolitan police while facing disciplinary proceedings for previous alleged misconduct towards a member of the public.

“That he was then re-employed by the force, first in a civilian role and later as a constable, is simply staggering and raises considerable concerns about their vetting procedures.”

Police record

PC Harwood joined the Metropolitan Police in 1999 and retired on medical grounds in 2001, before joining the Surrey constabulary later that year and then moving to Metropolitan riot police in 2004.

When he initially retired from the police he was under investigation for an alleged road rage incident whilst off-duty, in which it was alleged he tried to arrest a motorist whilst on sick leave.

In 2005 PC Harwood was investigated after a member of the public alleged seeing him kneeing a suspect in the kidneys as he lay on the ground.

In 2008 he was accused of heavy-handed policing after he twisted the handcuffs of a manacled motorist he had pulled over for an apparent speeding offence.

None of the allegations were ever substantiated. However, he was given a written warning in 2008 for accessing the police national computer in relation to a traffic accident his wife was involved in.

The jury was not informed of these incidents because Mr Justice Fulford ruled it would complicate the hearing and compromise its fairness.

“We were wrong”

Maxine de Brunner, deputy assistant commissioner of the Metropolitan Police force, admitted that the police had “got it wrong”.

“It is clear that insufficient recording and checks meant that detailed information regarding the officer’s misconduct history was not shared at key points,” she said. “We got that wrong.

“Since then there have been huge changes to vetting processes. Now all applicants, including officers applying to becoming police staff, as well those re-joining or transferring from other police services, are formally vetted and this involves a full misconduct intelligence check.

“Our sympathies are with the family of Mr Tomlinson and I will endeavour to ensure they are fully updated of any future actions with regard to PC Harwood.”

A jury took 19 hours to clear PC Harwood (pictured), who was accused by the prosecution of a “gratuitous act of aggression”. Tomlinson’s wife Julia, stepson Paul King and other members of the family left the court in tears following the verdict.

The verdict comes more than a year after an inquest ruled Tomlinson had been killed “unlawfully”, prompting the Crown Prosecution Service to take action against PC Harwood (see timeline below).

Tomlinson was walking away from a police line with his hands in his pockets when he was pushed to the ground by the 41-year-old on April 1 2009.

He was helped to his feet by bystanders but collapsed and died metres away. An initial post-mortem found Tomlinson had died from a heart attack. but following video footage of the incident two further post-mortem’s said his death was caused by internal bleeding.

During the trial PC Harwood apologised for using excessive force. He told the court: “Now I’ve seen all the evidence and I know how poorly Mr Tomlinson was I’m sorry that I got involved. I shouldn’t have hit him with a baton and pushed him.”

He added: “At the time I believed he was obstructing the police line and needed to be encouraged to move away. We don’t get time to sometimes think of your options because it is an instant reaction.”

Mr Carey added: “The disciplinary records were raised with coroner, he took them into account but decided there couldn’t be a fair inquest if the jury were aware of those. “

“I understand that the coroner raised the disciplinary records with the Home Secretary and invited her to consider whether anything needed be done about the disciplinary and vetting procedures of the Metropolitan and surrey police. I understand she decided at that at time that no systemic review was necessary.”

“I think she was open to it – but wanted to see the outcome of today. “

Carey said the family would be writing to Theresa May.

2009
I April
Ian Tomlinson is struck by a police baton before being pushed to the ground, as thousands take to the streets in the G20 protests. Shortly afterwards, Tomlinson – who is not participating in demonstrations but on his way home from work – collapses and dies.

4 April
City of London police say a post-mortem examination has found Tomlinson suffered a fatal heart attack and died of “natural causes'”.

7 April
Amateur footage emerges of Tomlinson being shoved to the ground from behind by a police officer.

17 April
A second post-mortem examination finds Tomlinson died from an “abdominal haemorrhage'” and not a heart attack. The police officer suspended following the death of Tomlinson is questioned on suspicion of manslaughter, the IPCC says.

2010
1 April
Politicians, campaigners, lawyers and academics sign a letter to the director of public prosecutions criticising “intolerable” delays surrounding the investigation of Tomlinson’s death.

20 July
The pathologist who ruled Tomlinson died of a heart attack at the G20 protests is accused of misconduct in four other post-mortems.

22 July
PC Simon Harwood, a member of Scotland Yard’s territorial support group (TSG), is told he will not face charges over the death becasue of conflicting post-mortems.

2011
28 March
Inquest into Tomlinson’s death begins – nearly two years after his death.

3 May
Ian Tomlinson’s family say they want to see PC Simon Harwood tried for manslaughter after an inquest jury rules he killed the newspaper seller unlawfully.

25 May
PC Harwood is charged with manslaughter and told he will face trial.

2012
18 June
PC Harwood goes on trial for manslaughter. He denies the charge.

2 July
PC Harwood says he believed Ian Tomlinson was being deliberately obstructive when he hit him and pushed him over.

19 July
PC Simon Harwood is found not guilty of manslaughter.