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Two police officers accused of conspiracy to pervert the course of justice over an arrest have been cleared - after the prosecution were unable to produce the training records of one of them.
PC Geoffrey Keen and PC Daniel Short were due to stand trial in May, but a judge was told it had been decided to offer no evidence against them.
The case revolved around the arrest of shoplifter Jack Harbour, who was detained in a holding room at Debenhams' store in Canterbury High Street on July 11 2013.
A CCTV camera recorded the arrest and the footage, which was leaked online three months later.
The officers were alleged to have failed to “retain and reveal” that CCTV was available from the holding room.
Harbour, 23, from Murston, Sittingbourne, was later convicted of theft - but a charge of assaulting PC Wright by spitting at him was dropped.
Prosecutor Charles Falk explained that attempts had been made for some time to obtain the training records of 37-year-old PC Short.
But after all possible avenues had been investigated it was not possible to obtain the records to comply with disclosure obligations.
The officer in the case, DC Darren Bassett, was called to provide further details.
He said PC Short was with the British Transport Police before transferring to Kent Police.
The training centre in Ashford had since closed down and it was now run by College Policing.
“They could only offer the manual but no record that he attended,” said DC Bassett.
Mr Falk said the manual would just show what the training officer was likely to have taught.
“The Crown thought the difficulty was, therefore, insurmountable,” he said.
Mr Falk said careful consideration was given to whether the charge should be amended for PC Keen, 31, to stand trial alone.
But the reality was that the case against him would be very different.
“The real criminality the prosecution felt was not simply a failure to disclose the CCTV, but that two police officers had conspired together to do so,” he continued.
“A decision was taken at a very high level that we should offer no evidence against PC Keen as well.”
Both officers remained suspended and another officer originally accused of the same charge and subsequently cleared when a judge found there was no case to answer, PC Brett Wright, of Dover, was on restricted duties “because it was felt the public should get their money’s worth as far as he was concerned”.
Mr Falk added: “Internal disciplinary proceedings against all three are being considered at the moment.”
PC Keen, of Dover, and PC Short, of Herne Bay, formally denied the charge and not guilty verdicts were entered.
They were granted travel costs - PC Keen in the sum of £288 and PC Short £253.
Judge Jeremy Carey said: “There is a lot I could say in this case, not just about these defendants but about other aspects of it.
“One must be careful. One dips one’s toe in the water and pulls it out again...
“I won’t make any comment except to say if that is the considered view of those responsible in this matter then so be it.
“The CPS is the prosecutor in this case and if that’s the CPS decision so be it. I say nothing further" - Judge Jeremy Carey
“There are instances in which the court can make observations and go further and require further consideration at a higher level still but I have nothing to think it is appropriate in this case.
“The CPS is the prosecutor in this case and if that’s the CPS decision so be it. I say nothing further.”
As a member of the public, he said, he would be interested that a decision would be made “very speedily indeed” on whether the officers should get back to work.
Now the criminal proceedings were out of the way it was hoped the disciplinary proceedings would not “churn around for months”.
Mr Falk gave an assurance they would be “dealt with very speedily indeed”.
In a statement released after the case, Kent Police said: "PC Short and PC Keen remain suspended, while PC Wright has returned to work on restricted duties.
"A senior officer will determine if there is to be any further action following a full review of the case."