A police officer who stopped filming when a fellow officer confronted a racist detainee in the back of a van has been dismissed. Probationary PC William Byers deliberately switched off his body-worn camera out of a misguided sense of loyalty during an exchange between Sergeant David Rothwell and handcuffed suspect Borwar Ahmed, a Greater Manchester Police misconduct panel found.
Ahmed had launched a drunken tirade of racist abuse at PC Brendan Colley, who was driving the van, calling him a 'monkey' and threatening to rape officers' children and mothers. Sergeant Rothwell ordered the van to stop, entered the cage and told Ahmed: 'Now you f****** listen here right now fella, you f****** listen here. Shut the f*** up... enough of that racist s***.' He then pinned Ahmed's face to the side of the van.
Panel Clears Sergeant and Driver
The panel ruled that Sergeant Rothwell's response was 'somewhat hot-headed' and his language 'inappropriate and unprofessional', but found it 'more likely than not' that he believed Ahmed was about to spit at him. His use of force was deemed 'necessary, proportionate and objectively reasonable' in a situation where 'certain customary niceties would necessarily have to be put aside'. PC Colley, who was standing on the van's rear step, was not required to challenge Sergeant Rothwell as no improper force was used. Both were cleared of misconduct.
Probationary Officer Dismissed
PC Byers turned off his camera for seven seconds at the 'most sensitive time' when force was alleged. He claimed he thought the incident was over, but the panel found he knew the 'heated' exchange was still ongoing and deliberately deactivated the recording, losing vital evidence. His 'untruthful explanation' risked the reputation of policing. The panel noted his previously unblemished record and positive references but ruled him guilty of gross misconduct and dismissed him immediately.
