Scarborough police officer's '˜four minute lake search' for drowned man

The family of a man found drowned in a freezing lake at a North Yorkshire resort after a police officer carried out a '˜four minute search' for him is taking legal action against the county's police force.
Gavin Egan, who died in Peasholm Park, ScarboroughGavin Egan, who died in Peasholm Park, Scarborough
Gavin Egan, who died in Peasholm Park, Scarborough

Relatives of Gavin Egan, 34, claim North Yorkshire Police failed to ensure that a proper search was carried out after officers were alerted to his plight in Peasholm Park, Scarborough, early this year.

A dog-walker told police he had pulled a man out from the freezing water of Peasholm Lake at 4am on February 24.

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According to Mr Egan’s family’s lawyers, an official probe found that Pc Helen Hardie, who visited the lake, could not find Mr Egan and made a four minute search of the scene before leaving. His body was found in the lake at 11am that day.

Peasholm Lake in ScarboroughPeasholm Lake in Scarborough
Peasholm Lake in Scarborough

Mr Egan’s family has now been given access to a copy of the report by the Independent Police Complaints Commission into the death.

They say it is revealed in the report that Pc Hardie had been ‘disinclined to believe the incident had happened’ and never intended to search the whole lake.

She is said to have come to the conclusion that the dog walker may have been homeless and could have fabricated the entire story.

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The officer’s handling of the call-out was investigated and resulted in Pc Hardie being handed a written warning following an internal misconduct hearing on Wednesday.

Peasholm Lake in ScarboroughPeasholm Lake in Scarborough
Peasholm Lake in Scarborough

But at Mr Egan’s inquest the following day, Pc Hardie was ill and couldn’t attend the hearing as a witness. Because of her absence, the inquest will now take place in February 2017.

Mr Egan’s mother Lesley Shields said: “It is completely appalling and I am furious that this can be allowed to happen.

“It has been a terrible ordeal for me and to be told the full inquest was not going ahead was almost too much to bear.

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“My children and granddaughter are angry and upset at having taken unpaid leave from work to attend. It is all very unfair.”

Mrs Shields said she returned home from the police hearing on Wednesday to an answer phone message from the North Yorkshire Coroner’s office.

The voicemail, left 15 minutes before the police hearing started, said Pc Hardie would not be in attendance the following day for the inquest due to sickness.

She is now launching legal action against North Yorkshire Police, who declined to comment while the inquest was ongoing.

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Speaking about the misconduct hearing, Mrs Shields said: “All the evidence has pointed to the fact that the officer felt she didn’t need to go out in the first place, didn’t believe the witness and couldn’t be bothered to do a full search of the area.

“She has basically shone a torch across the lake briefly and gone back to the warmth of her station. How on earth can anyone suggest a four minute search is enough?”

Mrs Shield’s lawyer says there was a clear lack of commitment from the officer to do her duty on the morning of Mr Egan’s death and from the force to ensure the search was conducted correctly.

Andrew Petherbridge, a human rights case specialist at Hudgell Solicitors, said: “This is a very sad case and one in which it is clear that the officer involved has failed in her duties to carry out a full and proper search and ensure she has done all in her power to protect the public.

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“Pc Hardie’s failure to carry out a proper search and failure to take steps to ensure a proper search was carried out were a significant breach of her duty of care and well below the standard of policing expected.

“If all reports of people in danger received this sort of response and commitment - we would all be in worrying times.”

Speaking about her son’s death, Mrs Shields said: “I have no idea why he was in Peasholm Park at that time in the morning, but it was a favourite place of his as his dad used to take him there when he was growing up - he went there to reflect on things.

“All I can think is that perhaps he had been out for the night with friends and something has gone wrong.”

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An IPCC spokeswoman said: “The Independent Police Complaints Commission (IPCC) conducted an independent investigation following the death of Gavin Egan, looking at the actions of the police prior to him being discovered in Peasholm Park Lake, Scarborough, North Yorkshire.

“The IPCC investigation concluded earlier this year and found that there was a case to answer for gross misconduct with regard to an officer. The officer attended a misconduct meeting held by North Yorkshire Police on 2 November 2017 when the officer received a written warning.

“The publication of the IPCC final report will be considered only after the conclusion of the inquest into Mr Egan’s death, scheduled for February 2017, so as not to risk prejudicing those proceedings.”