News & Insights
Fatima Jama represented a Detective Sergeant at an accelerated misconduct hearing this week. The officer faced two separate allegations of accessing police systems without policing purpose. It was the appropriate authority’s position that the officer’s behaviour cumulatively amounted to gross misconduct.
While both allegations were proven on the balance of probabilities, the Chair made crucial findings in the officer’s favour. The Chair determined that the officer’s culpability was medium and the harm caused was low. Consequently, the conduct was found to amount to misconduct only, rather than gross misconduct. The matter was referred back to the appropriate authority rather than resulting in dismissal.
This outcome is particularly significant given the statistics for accelerated misconduct hearings. In the year ending 31 March 2024, 99% of officers referred to these hearings were found to have committed gross misconduct. Of those officers, 94% were either dismissed or would have been dismissed had they not already resigned or retired.
Accelerated misconduct hearings are specifically reserved for cases where there is sufficient evidence that conduct amounts to gross misconduct and swift dismissal is in the public interest. Securing a finding of misconduct rather than gross misconduct in this forum represents a substantial achievement that protects the officer’s career and future.
Fatima was instructed by Lloyd James Law LLP.
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