'Plebgate' police officers 'should face gross misconduct charge'

Andrew Mitchell has consistently denied calling police officers in Downing Street "plebs"

Two Police Federation officials should be charged with gross misconduct over their role in the "plebgate" affair, the Independent Police Complaints Commission (IPCC) has ruled.

Insp Ken Mackaill and Det Sgt Stuart Hinton are accused of giving false accounts of a meeting with then-Chief Whip Andrew Mitchell in 2012.

It followed claims the Tory MP had called police "plebs", which he denied.

A third officer, Sgt Chris Jones, had no case to answer, the IPCC ruled.

The officers met Mr Mitchell in his Sutton Coldfield constituency office in October 2012, following reports he had sworn at officers and called them "plebs" for refusing to let him cycle though the main gate of Downing Street.

Libel case lost

Mr Mackaill later told journalists that Mr Mitchell, who subsequently quit the government, had refused to elaborate on what had happened in the street and should resign.

However, the inspector's account was called into question when a recording of the meeting was broadcast by Channel 4's Dispatches programme.

The three officers then faced further criticism over evidence they gave to MPs before the home affairs select committee in October 2013.

In 2014, a High Court judge rejected a libel case brought by Mr Mitchell against The Sun newspaper, concluding that "on the balance of probabilities" he had called a police officer a "pleb".

Mr Mitchell had accepted he used bad language but said he had not used that particular word.

He paid £300,000 in legal costs after losing the case.

Lesser charge

In a letter to Mr Mitchell, IPCC commissioner Carl Gumsley said: "I have concluded that there is a case to answer for two of the officers involved for gross misconduct."

Mr Gumsley said Mr Hinton's force, Warwickshire Police, had challenged the ruling, arguing for a lesser charge.

But Mr Mackaill's force, West Mercia Police, had accepted the recommendation, despite a previous West Mercia Police-led investigation ruling the men had "no case to answer".

Mr Jones works for West Midlands police.

An IPCC spokesman confirmed the commission had now completed its investigation into the conduct of the three officers concerned.

The Police Federation said it could not comment while the case was still ongoing.

On Monday, lawyers for The Sun told a court that police had violated the human rights of three reporters by accessing their phone records in the fallout from the row.

The Sun alleges police violated the trio's right to protect "confidential sources" but the Met Police deny any wrongdoing.

The hearing is due to conclude on Tuesday.