PC guilty of gross misconduct in car chase deaths

Rozanne Cooper, 34, and Makayah McDermott, 10Image source, PA MEDIA/OLI REGAN
Image caption,

Rozanne Cooper, 34, and Makayah McDermott, 10, both died in the crash in August 2016

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A Metropolitan Police officer has been found guilty of gross misconduct after a woman and child were killed by a car during a police pursuit in south-east London.

PC Edward Welch had been pursuing a stolen car in Penge, south-east London, in August 2016 when it mounted the pavement and hit Makayah McDermott,10, and Rozanne Cooper, 34.

The officer did not stop to help the boy and his aunt, a misconduct panel heard.

PC Welch, who was cleared over the deaths following a trial in December 2022, would not be dismissed but was given a final written warning as disciplinary action, the panel said.

Image caption,

The car was being pursued by police at the time of the collision

PC Welch was driving the police vehicle as he pursued a Ford Focus, driven by Joshua Dobby.

Both vehicles travelled the wrong way along roads at speeds three times the limit, the panel said.

Former PC Jack Keher was also inside the police vehicle during the chase.

Image source, Met Police
Image caption,

Joshua Dobby admitted two counts of manslaughter after the crash

Dobby, who was convicted of manslaughter in 2017, lost control of the Ford Focus, which then mounted the pavement and struck Makayah, Ms Cooper and another 10-year-old child who was seriously injured.

Dobby left the vehicle and the police pursuit continued on foot.

PC Welch did not stop to assist the injured members of the public, which the panel found amounted to gross misconduct.

The panel also found that the pursuit itself amounted to misconduct by PC Welch because he had "sufficient experience" to recognise Dobby's dangerous driving.

PC Welch should have considered the proportionality of the chase, the panel said, but this was mitigated because both police officers had been reporting some details of the pursuit to the control centre.

The panel also found that the classification of risk was "complicated" and PC Welch had not been properly trained in the new guidance.

PC Welch’s legal representative read quotes from his character references, saying he was a “talented” and “top-performing police officer”, who made an "error in policing decision".

Mr Keher was also accused of gross misconduct for leaving the injured pedestrians to chase Dobby on foot and for not accurately assessing and communicating the risks to the control room.

He was further accused of not challenging PC Welch's driving.

While the case was also proven against the former officer, the panel decided he would not have been dismissed if he had still been serving.

There was no alternative sanction the panel could impose, the Independent Office for Police Conduct (IOPC) said.

IOPC regional director Mel Palmer said the officers' actions in pursuing the stolen car at three times the speed limit in a busy area were "not proportionate or justified given the apparent safety risk to the public".

“The officers also failed in their duty of care to protect lives following the collision by chasing the offender rather than immediately going to the aid of the victims," she said.

"Our thoughts remain with the families of Makayah and Rozanne who sadly lost their lives and to everyone affected by this incident," she added.

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