PC who struck footballer Dalian Atkinson acted 'bravely'
- Published
A PC who repeatedly struck ex-footballer Dalian Atkinson with a baton on the night he was killed by her colleague "showed bravery under extreme pressure", a disciplinary panel heard.
It emerged in a separate criminal trial that Mary Ellen Bettley-Smith had used the weapon on Mr Atkinson in Telford in August 2016.
But having been acquitted of related charges, she faces a disciplinary hearing via West Mercia Police.
She denies gross misconduct.
Her legal team told the inquiry she did "as she was trained to do", while the case against her maintained the force she used was unreasonable.
PC Bettley-Smith could face immediate dismissal from the police if the panel rules against her in the hearing, brought at the recommendation of the Independent Office for Police Conduct.
Speaking at the opening of the disciplinary process, Patrick Gibbs KC, who is representing her, said: "She does not accept she misconducted herself grossly - or at all.
"She denies her conduct breached standards of professional behaviour, on a fair view of this sad but terrifying incident.
"Quite the contrary is true; she showed bravery under extreme pressure and was in no way responsible for the tragic outcome."
He added Bettley-Smith "did her probationary best in unusually challenging circumstances to contain, control and detain Dalian Atkinson - a normally peaceful man, who, because he was in the grip of florid psychosis, presented that night as a serious, immediate danger to his father, the public, responding officers and himself".
Mr Atkinson started his career at Ipswich Town, before moving to Sheffield Wednesday, Real Sociedad, Aston Villa and Fenerbahçe in the 1990s.
He died after being tasered by PC Bettley-Smith's partner and colleague, Benjamin Monk, who was jailed for manslaughter in 2021.
Criminal proceedings brought against the pair heard how Mr Atkinson had been acting out of character outside his father's house due to ongoing health issues when police attended.
Mr Atkinson died in hospital about an hour after Monk tasered him and kicked him in the head with enough force to leave imprints of his bootlaces.
PC Bettley-Smith, the court case heard, struck Mr Atkinson three times with her baton while he was lying on the ground after the final taser discharge.
She was acquitted of causing him actual bodily harm at retrial in September 2022.
At the disciplinary hearing on Monday, Dijen Basu KC, bringing the case against PC Bettley-Smith, said her actions "did not in any way contribute to the death of Mr Atkinson".
But he argued there was "gross misconduct being so serious it amounts to a breach of standards of professional behaviour so serious, that dismissal will be justified".
He added: "We say the force she used was unreasonable."
The hearing continues.
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