PCC frustrated over long inquiry into police chief

A police commissioner might try to reinstate a chief constable who was suspended over sexual offence allegations because of delays in the investigation process, she says.

Alison Hernandez, police and crime commissioner for Devon and Cornwall, told the BBC she was "fed up and frustrated" by the delays, which she felt were "unacceptable".

Will Kerr was suspended in July 2023 after an investigation was opened by the Public Prosecution Service for Northern Ireland (PPSNI) into "serious allegations of sexual offences" prior to joining Devon and Cornwall Police, which he denies. Mr Kerr has previously denied any allegations of criminality.

The PPSNI said it did not accept that there had been an avoidable delay on the part of its staff.

Ms Hernandez said Mr Kerr, who has not been arrested or charged with a criminal offence, was "either arrestable for an offence or not".

She told the BBC: "If [the PPSNI] haven't written to me by December, I'm at the point now where I might even say: 'Do you know what? I'm going to bring him back' - because this is unacceptable, the levels of delays.

"That's my threat to my office, that I'd like to do that because I'm so fed up and frustrated with what's happening and the time it's taken."

She said that, despite her frustrations, there were probably not the "right procedures" in place to reinstate him because Mr Kerr could potentially have to face a misconduct process "separate from a criminal one".

A spokeswoman for the PPSNI said a file from the Police Ombudsman for Northern Ireland on 30 May 2024 reporting an individual in relation to allegations of serious sexual offences was at an "advanced stage of consideration".

She added: "However, we continue to engage with investigators and await further information from them before a decision as to prosecution can be taken."

She said the role of the PPSNI was to independently and impartially take decisions as to prosecution.

She added: "We do this by applying the Test for Prosecution, which can only be met if the available evidence provides a reasonable prospect of conviction and prosecution is in the public interest.

"In line with our statutory role, all decisions are taken without fear or favour and are completely free from any other consideration or influence.

“The case has been dealt with expeditiously upon receipt and it is not accepted that there has been avoidable delay on the part of PPS [Public Prosecution Service].

“A decision as to prosecution will be issued as soon as the consideration is complete.

"We will continue to engage with relevant parties including Ms Hernandez when appropriate as this process continues.”

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