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Police misconduct case over fatal 2009 crash dropped over delays

Written by on 04/11/2017

A misconduct hearing into two police officers officers accused of removing evidence after a fatal car crash has been dropped.

PC John Wills and Inspector Mandy Chamberlain faced gross misconduct allegations over a crash involving teenager Liam Albert, who was being chased by police as he drove a stolen Mazda through Merton, south London, and into Surrey in July 2009.

The 17-year-old eventually crashed into another car in Esher, Surrey, and died eight days later.

The police car was being driven by PC Paul Rogers, who retired last year after the Crown Prosecution Service opted not to press criminal charges. He was never brought before a misconduct panel.

PC Wills, a communications officer with the Met Police, was the passenger in the car, and faced allegations of failing to install the relevant in-car video system, failing to provide an appropriate commentary of the pursuit and removing an exhibit from the collision scene without authority.

Inspector Mandy Chamberlain, who arrived after the crash, was alleged to have issued an instruction to delete photographic evidence taken at the scene and withholding evidence from Surrey Police.

Now, Met Commander Ivan Balhatchet and a disciplinary panel have ruled "unprecedented and unexplained" delays would not allow for a fair hearing.

Initially, Surrey Police investigated and found no cause for charges to be brought against the officers.

However, Mr Albert’s parents, Sharla John and Delroy Albert, made a complaint in 2010.

At the teenager’s inquest, which concluded in 2011, the jury found that the Met had made a "material contribution" to his death and that the chase, which hit speeds of around 118mph, should have been stopped 1.6 miles before the crash.

The Independent Police Complaints Commission (IPCC) investigation began after the inquest.

The watchdog has been criticised for the delays.

Ms John told the Independent she was "heartbroken" by the decision to scrap the misconduct proceedings.

Met Police Deputy Assistant Commissioner Richard Martin said the decision was not "taken lightly".

He said: "A panel has today determined that it would be impossible for the two officers to have a fair hearing given the long history and circumstances of this case.

"It is crucially important for public confidence that police officers are held to account and the sad death of Liam has been investigated twice, through a managed and then independent IPCC inquiry, and fully scrutinised during an inquest.

"Delays to the IPCC investigation were not within the control of the Met.

"While there are often some unavoidable delays in arranging misconduct hearings, we will review what happened in this case and I would like to express our regret to Liam’s family if there are things we could have done better."

Mr Albert’s family’s lawyer has been contacted by Sky News for comment.

(c) Sky News 2017: Police misconduct case over fatal 2009 crash dropped over delays