PC guilty of gross misconduct for repeatedly hitting ex-Premier League star Dalian Atkinson to keep job

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PC guilty of gross misconduct for repeatedly hitting ex-Premier League star Dalian Atkinson to keep job
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Police constable who repeatedly batoned ex-Aston Villa player Dalian Atkinson after he was Tasered is to keep her job, a disciplinary panel ruled

Mary Ellen Bettley-Smith used "outrageous" and "unnecessary" force when she hit Mr Atkinson with a baton after he had been tasered to the ground, her disciplinary panel was told.The West Mercia Police officer acted wrongly when she hit Mr Atkinson three times with her police-issued baton in the early hours on August 15, 2016.

After Mr Atkinson was tasered to the ground and kicked in the head by Monk, Bettley-Smith used her baton on him, claiming she "perceived" he was trying to get up, the tribunal was told.Read More: However, several witnesses say the ex-footballer "was not moving" and "was not resistant". Monk was jailed for eight years in 2021 after his conviction at Birmingham Crown Court for manslaughter.

Giving the misconduct tribunal's findings, legally-qualified chairman Karimulla Khan said: "In those circumstances, the panel finds the first three baton strikes were lawful."There was then the intervening kick, by Pc Monk, at which point, Pc Bettley-Smith then applied a second set of three baton strikes."And the panel finds that the second set of three baton strikes were unnecessary, disproportionate and unreasonable in all the circumstances and were therefore unlawful.

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