Pc cleared of G20 manslaughter to keep pension despite sacking

Simon Harwood, 45, was dismissed without notice yesterday after a police disciplinary panel found him guilty of gross misconduct.

He hit Mr Tomlinson with a baton and shoved him to the ground on the fringes of the G20 protests in the City of London in April 2009. The 47-year-old, who was walking away from police lines at the time, managed to stumble 75 yards before he collapsed, and later died from internal injuries.

The Met panel, sitting in public for the first time, found former Pc Harwood broke rules over discreditable conduct, use of force, and authority, respect and courtesy.

Chairman of the panel Commander Julian Bennett said: “His actions have discredited the police service and undermined public confidence in it.

“He has accepted it will be impossible for him to ever again serve as a police officer. We agree, as we consider it inconceivable that he could ever hold a role within the police service again.”

He went on: “Whilst we have considered all available outcomes we have no doubt that Pc Harwood is not fit to hold the office of constable, and accordingly he is dismissed from the Metropolitan Police Service with immediate effect.”

The panel chose not to consider an allegation his actions had inadvertently caused or contributed to Mr Tomlinson’s death, sparking a furious reaction from the father-of-nine’s relatives.

Speaking outside the police building in west London where the hearing took place, his stepson Paul King branded the proceedings “a whitewash”.

“I think it’s pointless. It hasn’t proved anything to us,” he said. “We still haven’t got any answer from this.

“After three-and-a-half years, I think it’s diabolical. It’s like we’re back at day one.”

The family are taking civil action over Mr Tomlinson’s death.

Harwood, from Carshalton in Surrey, had already been acquitted of Mr Tomlinson’s manslaughter, although an inquest found the father-of-nine was unlawfully killed.

Patrick Gibbs QC, for Harwood, earlier told the panel: “Pc Harwood does indeed accept that the discredit which his actions, and the way in which they have been reported, has brought upon the Metropolitan Police Service amounts to gross misconduct. He has twice offered his resignation to the Commissioner.”

He said that, with the benefit of hindsight, Harwood would have used “no force at all” if he had known about the state of Mr Tomlinson’s health.

Harwood has a controversial police disciplinary record, but this was not considered as part of the hearing because the accusations are more than two years old.

A number of allegations were made against him over a 12-year period and he was allowed to retire from the Met on medical grounds in 2001 despite unresolved disciplinary proceedings.

Later, he rejoined the force as a civilian worker before becoming a police officer for Surrey. He was then allowed to rejoin the Met in 2004 as part of its territorial support group (TSG), specialising in public order.

After he was acquitted of manslaughter, police watchdog the Independent Police Complaints Commission said his case raised “grave concerns” about Met vetting procedures.

Speaking outside the hearing, Deputy Assistant Commissioner Maxine de Brunner said: “We must remember on April 1, 2009, Ian Tomlinson lost his life. I take full responsibility for Simon Harwood and I would like to offer my sincere apologies and condolences to his family.

“Today’s hearing has resulted in the maximum penalty that was ever available to the panel, dismissal due to gross misconduct.”

She said the force had already offered the relatives a sum of money, and revealed that Harwood could keep his police pension, although she added it was “certainly worth debating” whether the rules should be changed. “I’m unable to remove his pension because he has not been convicted of a criminal offence,” she said.