KentOnline

bannermobile

News

Sport

Business

What's On

Advertise

Contact

Other KM sites

CORONAVIRUS WATCH KMTV LIVE SIGN UP TO OUR NEWSLETTERS LISTEN TO OUR PODCASTS LISTEN TO KMFM
SUBSCRIBE AND SAVE
National

Pc facing sack after excessive force misconduct finding in Dalian Atkinson case

By: PA News

Published: 12:25, 17 March 2023

Updated: 12:30, 17 March 2023

A police constable is facing the sack after being found guilty by a disciplinary panel of gross misconduct for using excessive force when she repeatedly hit an ex-footballer with her baton after he was Tasered to the ground.

An independent tribunal found on Friday that Mary Ellen Bettley-Smith, a West Mercia Police officer, acted wrongly when she struck Dalian Atkinson three times with her police-issue baton during an incident in the early hours of August 15 2016 following which the ex-sportsman later died.

Former Aston Villa striker Mr Atkinson died after being kicked at least twice in the head by Ms Bettley-Smith’s more experienced colleague, Pc Benjamin Monk, outside the victim’s father’s home in Telford, Shropshire, six-and-a-half years ago.

After Mr Atkinson was Tasered to the ground and kicked in the head by Monk, Ms Bettley-Smith used her baton on him, claiming she “perceived” he was trying to get up, although several civilian witnesses recalled the 48-year-old “was not moving” and “was not resistant”.

Pc Mary Ellen Bettley-Smith (Jacob King/PA)

Monk was jailed for eight years in 2021 after his conviction at Birmingham Crown Court for manslaughter.

mpu1

Ms Bettley-Smith – known as Ellie – was cleared of assaulting Mr Atkinson after a trial, but the Independent Office for Police Conduct (IOPC) found there was a gross misconduct disciplinary case to answer for her use of force.

While the panel found three initial strikes – before Monk’s kicks – were “lawful”, it found Bettley-Smith’s decision to then hit Mr Atkinson another three times, after police back-up arrived, were “unnecessary, disproportionate and unreasonable in all the circumstances and therefore unlawful”.

The panel is now set to hear evidence on whether the 33-year-old, who was a probationary officer at the time of the incident, should be allowed to keep her job or face a lesser sanction later on Friday.

Read more

More by this author

sticky

© KM Group - 2024