A South Wales Police firearms officer who said he "inadvertently accumulated" live rounds of ammunition at his home would have been dismissed had he not resigned, a misconduct hearing has ruled.
Police sergeant Andrew Smurthwaite resigned from his role after the force found he would have been dismissed immediately. The misconduct hearing heard that on August 17, 2024, Smurthwaite caused damage to the door of a house while trying to retrieve his mobile phone while off duty. The incident was reported to and investigated by Dyfed-Powys Police.
Ammunition found during searches
The next day, officers carried out a search of the premises and found 12 rounds of ammunition. Smurthwaite was subsequently arrested in relation to allegations of causing criminal damage and the possession of ammunition without a certificate.
While he was held in police custody, a search of his current address recovered an additional single round of ammunition and bullet casing. During interview, he said he had "inadvertently accumulated" the ammunition within his police issue kit over several years working as a firearms officer.
Court proceedings and conviction
Smurthwaite accepted the ammunition was live rounds and that he had no lawful authority to keep the ammunition in his possession. Earlier this year, he pleaded guilty to the criminal offence of possession of ammunition for a firearm without holding a valid certificate at Cardiff Crown Court. At sentence he was given a conditional discharge and ordered to pay £750 in costs along with a £26 victim surcharge.
In September, he attended Newport Magistrates' Court and after a contested hearing, the former police sergeant was convicted of the offence of causing damage to an external door of a dwelling house. Smurthwaite was ordered to pay £650 compensation to the complainant and the prosecution costs of £650.
Misconduct ruling and barred list
The misconduct hearing heard that Smurthwaite accepted his conduct was a breach of the Standards of Professional Behaviour in relation to discreditable conduct and that it amounted to gross misconduct. He has since resigned as a police officer.
Delivering the outcome, Chief Constable Jeremy Vaughan found the allegations and gross misconduct proved. He concluded that the sergeant would have been dismissed if he had not resigned, and placed him on the College of Policing barred list.
"I regard the possession of ammunition for a firearm without holding a valid certificate as particularly serious," the chief constable said. "In this respect, I am also mindful that this is a view shared by former PS Smurthwaite who acknowledged in his written response that: 'I fully agree that this alone should be sufficient to dismiss me from South Wales Police with immediate effect'."
Chief Constable Vaughan said the officer's behaviour was a serious abuse of his trust and responsibility and said it was unacceptable for those responsible for enforcing the law to break it themselves. He acknowledged that Smurthwaite had demonstrated genuine insight and regret, and had profusely apologised for his actions.
Chief Constable Vaughan concluded: "I am satisfied that the misconduct is so serious that former PS Smurthwaite would have been immediately dismissed had he not resigned as a police officer. No other outcome is justified or appropriate.
"There is no room in South Wales Police for this type of behaviour. The Standards of Professional Behaviour apply the moment you walk through the door. This type of behaviour whether on or off duty will not be tolerated in any way.
Police officers should be trusted to the ends of the earth. The public rightly expect our officers to uphold the highest professional standards, and former PS Smurthwaite has failed to do so."
