Misconduct hearing appeal is rejected
THE independent panel in the hearing of Cheshire Chief Constable Simon Byrne has rejected his application to have his gross misconduct hearing dismissed.
A spokesperson for the office of the police and crime commissioner for Cheshire said: “The independent panel stated that there was no significant prejudice or lasting harm caused to CC Byrne.
“It was the panel’s clear view that CC Byrne can have a fair hearing.
“However, Chief Constable Byrne’s legal team has indicated that they intend to challenge the independent panel’s decision via a judicial review, subject to them securing funding.
“Subject to the outcome of any judicial review proceedings, the case will reconvene on Monday, July 2, 2018.”
“It is unfortunate that witnesses, who have been waiting for a significant amount of ● ● time to give evidence, will have yet a further delay before they are able to tell their story.”
Mr Byrne is accused of ‘volatile, unpredictable and offensive behaviour’, ‘a short temper and a lack of tolerance’ and ‘angry outbursts and aggressive attacks upon subordinate staff which created an intimidating, hostile and humiliating environment’.
On Monday, April 16, Mr Byrne’s lawyers said the investigation was ‘perverse, unreasonable and unfair’, as Mr Byrne stated he had not been informed he was under investigation for gross misconduct.
Gerry Boyle QC, representing Mr Byrne, said that the investigation was so unfair that it would be ‘unconscionable to proceed with this hearing’, and if the hearing were to go ahead it would ‘bring the operation of police misconduct hearings across the country into disrepute’.
The independent panel overseeing the case, however, decided that a fair hearing was possible and will proceed in July.