IPCC: Misconduct hearing for PC in Tomlinson case to be public

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The Independent Press Complaints Commission has told the Metropolitan Police to hold PC Simon Harwood's misconduct hearing over the death of Ian Tomlinson in public.

An inquest into Tomlinson's death found yesterday that he was unlawfully killed after being pushed by Harwood during the G20 protests in London on 1 April 2009.

In a statement this afternoon,

IPCC commissioner for London Deborah Glass

said: "Over the past weeks the evidence from our investigation has been heard, tested and challenged at the inquest.

The verdict speaks for itself. "The conclusion of the inquest is an important stage in the process but it is not the final one particularly as the inquest does not - indeed cannot - determine accountability which is a matter of exceptional public concern in this case.

I have therefore decided that

due to the gravity and exceptional circumstances of this case, the misconduct proceedings should be heard in public."

According to a statement from the IPCC this afternoon,

Glass wrote to the Tomlinson family's solicitors, the Metropolitan Police Service, PC Harwood's solicitors, and all 105 potential witnesses to consult them on whether or not the misconduct hearing should be held in public or private.

According to the full decision notice from Glass, she was urged by the Tomlinson family to have the case heard in public, along with two medical experts and one civilian witness.

Of the 13 police officers who responded to Glass' consultation, 11 felt it should be held in private, with the remaining two not expressing a preference.

The allegations that will be put to Harwood at the hearing are:

• that he struck Mr Tomlinson on his left thigh with his baton;
• that he pushed Mr Tomlinson so that he fell to the ground;
• such dangerous actions inadvertently caused or contributed to the death of Mr Tomlinson on 1 April 2009;
• the use of force was not necessary, proportionate or reasonable in the circumstances.

The coroner for the City of London and the director of public prosecutions were also consulted over the hearing.