PC to face misconduct hearing over alleged assault
PC Alan Kirkwood will face a misconduct hearing over an alleged assault in 2023
- Published
A police officer who was cleared of assaulting a man while attempting to catch a thief will face a misconduct hearing, his force has said.
Last year, PC Alan Kirkwood was found not guilty during a trial at Nottingham Crown Court of assaulting Scott Barratt in 2023 after mistaking him for a robber and allegedly kicking him in the face.
However, the Independent Office for Police Conduct (IOPC) has told Lincolnshire Police to bring misconduct charges against the long-standing officer.
A Lincolnshire Police spokesperson confirmed "arrangements are in hand for a hearing" following the police watchdog's review. No date has been set.
According to the Local Democracy Reporting Service, the court was told PC Kirkwood had been knocked to the ground while chasing two men on Danesgate, Lincoln, on 3 January 2023.
He then allegedly mistook Mr Barratt, who was walking his dogs, for one of the suspects and pointed his Taser at him.
He ordered him to get on the ground and then allegedly kicked him in the face.
Prosecutors said PC Kirkwood quickly realised his mistake and later apologised to Mr Barratt.
The jury took a short time to clear the officer of assault occasioning actual bodily harm.
Judge James Sampson described him as "a man of exemplary character".
Lincolnshire Police found there was no potential misconduct after the trial.
But Mr Barratt appealed to the IOPC, which has instructed the force to bring proceedings.
Mr Barratt's solicitor Iain Gould said it was important that forces properly policed themselves.
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