That meeting was sparked when PC Jacques had asked PC Blades for advice on giving evidence in magistrates' court for the first time in her career. She told the misconduct panel that the conversation quickly moved onto the footage and that she was quizzed on if it had been disclosed. This led to WhatsApp messages with PC McLachlan, who she was then good friends with, during which PC Jacques said she felt flustered and panicked. Meanwhile, PC McLachlan told her to say “I don’t know” when asked if the footage had been uploaded.
The police’s legal representative, Chales Apthorp, argued this was the sign of a cover up, while Lisa Judge, who represented PC McLachlan in the criminal and misconduct proceedings, said it was simply the truth because PC Jacques did not know. She said PC McLachlan was not concerned with hiding anything, but instead wondering why PC Blades was so interested in the case.
The row continued to erupt and PC McLachlan came into work after that WhatsApp conversation despite being on holiday and was confronted at the impromptu team meeting. Ms Judge asserted PC Blades had no authority to call such a meeting and that it was only done to humiliate and halt the progress of an ambitious officer. PC Jaques agreed with the lawyer’s assertion that it was "not healthy, not appropriate, not a happy time for Ellen McLachlan"
The matter would go on to be referred to Professional Standards and then even further beyond that. In November 2020, the Independent Office for Police Conduct (IOPC) reported that two officers were to appear in court charged with perverting the course of justice. After a short trial, both were acquitted but they still faced accusations of gross misconduct and would have to defend themselves all over again.
Misconduct proceedings
The misconduct hearing eventually began in 2022 and was originally scheduled to last for a week. To say it overran would be quite the understatement. Witnesses were grilled for far longer than predicted and officers lost entire days waiting to not even be called into the room.
While chair of the panel Paul Foster failed to keep order during heated rows between the legal representatives of the police force and two officers, procedural failures also added to the delays. Anger was caused by alleged failures to properly disclose information and even after the conclusion of a criminal trial, it still required an 11th hour battle for Ms Judge to be able to see detailed logs from the Connect system.
At the outset of the hearings, both officers were suspended from work and faced multiple accusations. Each was said to have used excessive force and further accused of failing to ensure body worn footage was disclosed during criminal proceedings. PC Kelly was also said to have used behaviour and language towards a member of the public, which was or could be perceived to be abusive, oppressive and offensive.
It was also alleged that PC McLachlan entered false information regarding a charging decision on an internal document with the CPS. As a result of the above, both were accused of breaching the Standards of Professional Behaviour and committing gross misconduct.
After the first week passed in December 2022 with little progress, the hearings resumed in January 2023, July 2023 and then again in December 2023. Yet still deadlines could not be met and, when all the witnesses had been summoned and questioned, proceedings switched to paper submissions only, with the press and public no longer able to observe. At this stage, PC Kelly was cleared of using excessive force, with the panel satisfied his actions in kneeling on Mr Pepper after the taser was deployed was in accordance with guidelines.
At the start of the resumed hearing in January 2023, it had been confirmed that PC Kelly had been allowed to take early retirement on the grounds of ill health. PC McLachlan meanwhile remained determined to revive her career and reputation but would still face a near year-long wait to learn her fate.
The panel’s decision finally landed one week before Christmas 2023. More than six years after the initial incident and after huge sums of public money were spent on legal proceedings, the panel ruled both officers had indeed committed gross misconduct.
A brief notice published on the Lancashire Constabulary website explained: “The panel found Former Officer Kelly’s conduct breached the Standards of Professional Behaviour, namely Authority, Respect and Courtesy and Duties and Responsibilities and amounted to Gross Misconduct.”
It continued: “The panel found Former Officer McLachlan’s conduct breached the Standards of Professional Behaviour, namely Honesty and Integrity, Duties and Responsibilities, and Challenging and Reporting Improper Conduct and amounted to Gross Misconduct.
For PC Kelly, now retired, this had little effect other than banning him from ever returning to policing. PC McLachlan, though, saw her policing career ended, with both now listed on the Police Barred List.
A spokesperson for Lancashire Constabulary told The Blackpool Lead: “The actions of these two officers clearly fell far short of the standards of professional behaviour we expect from all our staff.
“There is no place in Lancashire Constabulary for those who fail to comply with the high standards which are rightly expected of them, and who through their attitudes, behaviours and actions, let down both their colleagues and the communities they took an oath to serve and protect.”
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