A former police inspector will have to face a misconduct hearing — despite an argument that it would be ‘unfair’ to go ahead due to ‘promises’ made by senior officers.
A hearing for former Lincolnshire Police Inspector Jonathan Mellor, who was stationed in Grantham, began at Bishop Grosseteste University in Lincoln today (January 7).
He is alleged to have breached standards of professional behaviour — which are use of force, discreditable conduct and authority, respect, and courtesy — followed an incident on May 26, 2021. During this, the former inspector was said to have used deliberate force and have been ‘disrespectful, abusive and threatening’ while speaking with a member of the public on the A46 between Newark and Lincoln.
Lincolnshire Police. Stock image
He was acquitted of common assault relating to the incident, and subsequently a statement from Lincolnshire Police made on July 21, 2022, said: “Jonathan Mellor, of Lincoln, was summoned to court for an offence of common assault on May 26, 2021.
“He appeared at Nottingham Magistrates’ Court where he was cleared of the charge and acquitted.
“As a result of this finding, Inspector Mellor will not face any internal misconduct proceedings and should he not soon be retiring, he would have been returning to operational duties.”
Mr Mellor’s counsel, Mr Hunter Gray, also alleged he had received multiple assurances from senior officers in the force — including a chief inspector, chief constable and superintendent — and that this meant it would be unfair to continue with disciplinary procedures.
He said: “Promises were made to Mr Mellor repeatedly that he would not be subject to disciplinary procedures.
“It’s not that he cannot have a fair trial, but that it is not fair to bring him to trial.”
He made a submission that the situation amounted to an abuse of process.
The case had been reopened as the complainant had appealed Lincolnshire Police’s decision that there was no case to be heard, which the IOPC received on August 4, 2022. However, the complainant has since withdrawn support for proceedings and is not present at the hearing.
The matter was being progressed on the basis of mobile phone footage of the incident.
Liz Briggs, counsel for appropriate authority, countered the abuse of process submission, but admitted it may have been more appropriate for a judicial review of the IOPC’s direction to have been held rather than the misconduct hearing — however she suggested the panel were capable of making the decision and Mr Mellor was able to appropriately engage in the hearing so it should continue to avoid further delays.
She added: “In some respects it was an unequivocal decision by Lincolnshire Police, but not by the decision maker IOPC.”
Jennifer Ferrario, legally qualified chairman of the panel, questioned if the IOPC was aware of assurances made to Mr Mellor, as the panel had only recently been made aware.
“There are cases where the court has found that once an assurance or promise is given it was unfair to change direction,” she added.
“I can’t find any case authority which has similar facts to this one… it is an unusual case.”
The panel, which also includes ACC Nikki Mayo and independent panel member Ian Crawford, retired to consider if there has been an abuse in process and then decided the hearing should continue.
Ms Ferrario, addressing Mr Mellor, said: “We have some sympathy for you, but found the public interest element and the statutory framework outweighed prejudice to you.”