Cheshire Chief Constable bullying hearing to continue

A disciplinary panel has decided not to throw out a series of bullying allegations against a chief constable, despite "flaws" in the investigation.

Cheshire Constabulary's Simon Byrne is alleged to have "exhibited volatile, unpredictable and offensive behaviour".

His lawyers applied to have the gross misconduct claims dismissed following "procedural errors".

However, while the panel conceded there had been flaws in the investigation, they did not cause "serious prejudice".

Mr Byrne was suspended in August but denies the allegations, which date from between May 2014 and March 2017.

Gerry Boyle QC, representing the former Metropolitan Police officer, said he had never been informed he was under investigation and had not been interviewed.

The barrister said David Keane, Cheshire's police and crime commissioner, had presided over an investigation "littered with procedural errors and irregularities".

However, giving evidence last week, Mr Keane said he did not understand why Mr Byrne had not been interviewed by the North Yorkshire Police officers he commissioned to look into the allegations.

He admitted that on some occasions "it seems absolute normal practice wasn't followed".

But he denied trying to encourage investigating officers to arrive at a more serious finding regarding the allegations.

Panel chairman Rachel Crasnow QC said the absence of interviews "clearly shows the potential for a breach of natural justice".

She also said the failure to inform Mr Byrne of all the allegations against him "may have been inadequate".

Ms Crasnow said the procedures followed by Mr Keane had "fallen short of the standard we expect" and the consequence was "a degree of unfairness to the chief constable and an affront to natural justice".

She added: "It does have the potential to discredit public confidence in the (police misconduct) regulations",

But Ms Crasnow said the panel found it "difficult to identify any serious prejudice that cannot be remedied".

Rejecting the application for the proceedings to be stayed, Ms Crasnow said "a fair hearing can still proceed".

The hearing has been adjourned until 2 July.

Mr Keane's office released statement describing the delay as "unfortunate" for witnesses, who had already been "waiting for a significant amount of time to give evidence".

The statement said Mr Byrne's legal team had indicated they intend to challenge the panel's decision via a judicial review, subject to securing funding.

John Dwyer, Mr Keane's Conservative predecessor, called for the police and crime commissioner to step down, describing him as "totally inept".

Mr Keane, who unseated Mr Dwyer in 2016, said the comments were "regrettable" when the matter had not been resolved.