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Anthony Lenanton acts for the IOPC in “abuse of process” hearing


Anthony Lenanton, instructed by Danny Simpson of IOPC Legal Services, represented the IOPC at a two day hearing to determine an application made by four police officers for the disciplinary case against them to be dismissed on the grounds of unreasonable delay.

In the early hours of 6 May 2013, Julian Cole suffered a catastrophic neck injury in an altercation on a street in Bedford involving nightclub door staff and police officers.

The Independent Office for Police Conduct (formerly the Independent Police Complaints Commission) carried out an independent investigation and reached the opinion that four officers had a case to answer for gross misconduct.

While it is not alleged that any of the officers caused Mr Coles’ injury, they now face disciplinary proceedings brought by Bedfordshire Police in relation to the way they dealt with Mr Cole in the immediate aftermath and the truthfulness of their accounts of what happened.

The officers applied for the case against them to be dismissed without hearing any evidence on the ground that delay in bringing the proceedings and prejudice caused by the delay was such that they were unable to have a fair hearing.

Following two days of legal argument the Panel dismissed the officers’ application. The disciplinary proceedings are proceeding to a full merits hearing, commencing on 8 October 2018.

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Anthony Lenanton

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