Police chief Nick Gargan’s hearing for gross misconduct to be held in private

http://www.theguardian.com/uk-news/2014/dec/22/police-chief-avon-somerset-nick-gargan-gross-misconduct-hearing-private-ipcc

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A police chief’s gross misconduct hearing over claims he made inappropriate advances to female colleagues and leaked internal emails will not be held in public, the Independent Police Complaints Commission (IPCC) has said.

Following a consultation, the IPCC said the hearing for the chief constable of Avon and Somerset police, Nick Gargan, will be held in private in order to ensure the “best evidence” is heard.

Gargan was suspended from his role in May. The Avon and Somerset police and crime commissioner, Sue Mountstevens, found he had a case to answer for gross misconduct, but an initial IPCC investigation determined that he should not face criminal charges.

Rachel Cerfontyne, the deputy chair of the IPCC, said: “I consulted on whether there should be a public hearing in this case, because of the significant public interest in ensuring the greatest possible openness and transparency in a gross misconduct hearing for a chief constable.

“Having considered all the responses I received, I have decided that no part of the hearing for Nick Gargan should be held in a public forum.

“I have had to pay particular regard to the responses from those likely to provide evidence as witnesses, because as the regulations currently stand, I do not have the power to require specific protection for vulnerable witnesses.

“Following our thorough investigation, my priority now must be to ensure that the best evidence is put before the panel.”

The law requires the IPCC to consult witnesses who may be required to give evidence, Mountstevens, Gargan and those it designates as interested parties.

The police watchdog originally investigated allegations that Gargan had “abused his senior position by making inappropriate advances to junior female colleagues”.

As part of the investigation Gargan was interviewed regarding allegations of gross misconduct and under criminal caution for alleged breaches of the Data Protection Act.