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Sacking of senior police officer who failed to provide drug test sample overturned | Sacking of senior police officer who failed to provide drug test sample overturned |
(about 2 hours later) | |
Scotland Yard considers legal challenge after decision, saying commanders are expected to ‘lead by example’ | Scotland Yard considers legal challenge after decision, saying commanders are expected to ‘lead by example’ |
The sacking of a senior police officer who failed to provide a sample for a drugs test when he was accused of smoking cannabis has been overturned. | The sacking of a senior police officer who failed to provide a sample for a drugs test when he was accused of smoking cannabis has been overturned. |
Former Metropolitan police commander Julian Bennett, who served in the force from 1976, was found to have committed gross misconduct by failing to provide a urine sample for a drugs test on 21 July 2020. | Former Metropolitan police commander Julian Bennett, who served in the force from 1976, was found to have committed gross misconduct by failing to provide a urine sample for a drugs test on 21 July 2020. |
Bennett appealed against his dismissal before the police appeal tribunal on Friday, and it was quashed, with a new hearing ordered, the Met said. | Bennett appealed against his dismissal before the police appeal tribunal on Friday, and it was quashed, with a new hearing ordered, the Met said. |
Scotland Yard is considering a legal challenge after the decision, saying senior officers are expected to “lead by example” and that Bennett will not return to duty while it weighs up its options. | Scotland Yard is considering a legal challenge after the decision, saying senior officers are expected to “lead by example” and that Bennett will not return to duty while it weighs up its options. |
Assistant commissioner Matt Twist said: “I am very concerned by this decision and I have no doubt that the public and hard-working colleagues across the Met will be appalled that this case remains unresolved after such a long time. | Assistant commissioner Matt Twist said: “I am very concerned by this decision and I have no doubt that the public and hard-working colleagues across the Met will be appalled that this case remains unresolved after such a long time. |
“It very clearly illustrates why reform of the misconduct process is so needed and why the Met has been calling for urgent change. | “It very clearly illustrates why reform of the misconduct process is so needed and why the Met has been calling for urgent change. |
“We await the written decision before determining our next steps, but we are actively considering a challenge by way of judicial review.” | “We await the written decision before determining our next steps, but we are actively considering a challenge by way of judicial review.” |
In October last year, a disciplinary panel rejected a claim by Bennett’s former flatmate Sheila Gomes that he had used cannabis daily before breakfast. | In October last year, a disciplinary panel rejected a claim by Bennett’s former flatmate Sheila Gomes that he had used cannabis daily before breakfast. |
But it found that he had breached professional standards when he refused to provide a sample for a drugs test after being called in to do so in the presence of an assistant commissioner. | But it found that he had breached professional standards when he refused to provide a sample for a drugs test after being called in to do so in the presence of an assistant commissioner. |
He offered to resign on the spot instead, and asked for a meeting with then-commissioner Dame Cressida Dick. | He offered to resign on the spot instead, and asked for a meeting with then-commissioner Dame Cressida Dick. |
Bennett said he had been taking CBD (cannabidiol) to treat facial palsy and was worried the sample would come up positive for an innocent reason. | Bennett said he had been taking CBD (cannabidiol) to treat facial palsy and was worried the sample would come up positive for an innocent reason. |
By failing to provide the sample, Bennett was found to have breached force standards for honesty and integrity, orders and instructions and discreditable conduct. | By failing to provide the sample, Bennett was found to have breached force standards for honesty and integrity, orders and instructions and discreditable conduct. |
His lawyers argued that while he had always admitted refusing to provide a sample, the panel found him guilty of a lack of integrity that he had not been charged with. | His lawyers argued that while he had always admitted refusing to provide a sample, the panel found him guilty of a lack of integrity that he had not been charged with. |
This meant that the misconduct finding was not permissible, they claimed. | This meant that the misconduct finding was not permissible, they claimed. |
Bennett wrote the force’s drugs strategy for 2017-21 as a commander for territorial policing. | Bennett wrote the force’s drugs strategy for 2017-21 as a commander for territorial policing. |
The document, called Dealing With the Impact of Drugs on Communities, set up plans to raise “awareness of the impact of drug misuse”. | |
He chaired misconduct panels over several years and freedom of information requests showed he presided over 74 police misconduct hearings involving 90 officers between June 2010 and February 2012. | |
Out of the hearings involving Bennett, 56 officers were dismissed, more than three-quarters. | Out of the hearings involving Bennett, 56 officers were dismissed, more than three-quarters. |
He chaired 69 hearings during that time, and two officers were dismissed for drug misuse, the figures showed. | He chaired 69 hearings during that time, and two officers were dismissed for drug misuse, the figures showed. |
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