Pc convicted of killing football star had kept his job despite gross misconduct
A court was told Benjamin Monk kept his job with West Mercia Police after being found to have breached required standards for honesty and integrity.
The police constable convicted of the manslaughter of Dalian Atkinson was found guilty of gross misconduct before he killed the football star, after failing to mention two cautions on his application to join the force.
Birmingham Crown Court was told Benjamin Monk kept his job with West Mercia Police in 2011 after being found to have breached required standards for honesty and integrity.
A judge who is due to sentence Monk was told two cautions issued to him in 1997 and 1999 – for theft from a shop during a summer holiday job, and for being found drunk – were not disclosed on his application papers in 2001.
Monk was last week cleared of murder but convicted of manslaughter, after a trial heard he tasered Mr Atkinson to the ground with a 33-second deployment of the weapon, and then kicked him twice in the head while he was on the ground.
Addressing the court on Monday, prosecutor Alexandra Healy QC said: “Mr Monk was cautioned for theft from a shop as an employee – he was employed at the time at Woolworths in 1997.
“There was a further caution in 1999 for being found drunk.”
The court was told the warnings were not recorded on a computer system because of policies at the time for dealing with spent cautions.
Speaking before Monk was remanded in custody as sentence was adjourned until Tuesday, Ms Healy added: “When he applied to join the police in 2001 he did not disclose the existence of those cautions.”
The court heard Monk did disclose one of the cautions on a vetting form issued “during the course of his role as a police officer” in 2010.
Ms Healy added: “At that stage he did disclose the theft caution, which led to the discovery of both of the cautions.”
Disciplinary proceedings were then launched and as a result Monk was found to have committed gross misconduct, breaching standards for honesty, and he was given a final written warning for a period of 18 months on February 2 2011.
During submissions from Monk’s QC, Patrick Gibbs, Judge Melbourne Inman QC said the cautions were of no relevance “in the circumstances of the case” and he would treat the officer as being of previous good character when he is sentenced.
After family victim impact statements were read to the court on behalf of Mr Atkinson’s four siblings and his partner, Karen Wright, Mr Gibbs claimed the 43-year-old Pc’s mental health had been profoundly affected by the case.
He told the judge: “As you can imagine, Mr Monk has thought about Mr Atkinson and Meadow Close every day for the last four years and 10 months – reliving in his mind how these events might have ended differently.
“Perhaps there won’t ever be a day when he doesn’t think about that.”
Mr Gibbs said it was agreed that Pc Monk went to Meadow Close “for the best of reasons” before 59 seconds during which his conduct had been found to be unlawful.
Among the statements read to the court by Ms Healy in tribute to Mr Atkinson was one from his sister Otis.
Ms Healy told the court: “She describes Dalian not just being her little brother but her friend. He was kind and loving throughout his childhood.”
Otis said: “He brought so much life and energy into any room that he entered. He would say what no one else would dare – but far from causing offence he would make us laugh at ourselves.”
