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Ex-Police Federation head committed gross misconduct with sexual comment

The hearing was adjourned for the panel to consider its sanction against Mr Apter.

Ben Mitchell
Friday 04 October 2024 13:29 EDT
Former Police Federation chairman John Apter (Steve Parsons/PA)
Former Police Federation chairman John Apter (Steve Parsons/PA) (PA Archive)

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A former head of the Police Federation of England and Wales has been found by a disciplinary tribunal to have committed gross misconduct by making a sexual comment about police widow Lissie Harper.

John Apter, who retired as a Pc from Hampshire Constabulary in 2022, was found by the panel to have said that he would like to ā€œcomfortā€ Pc Andrew Harperā€™s widow Lissie in his hotel room, shortly before she collected a posthumous award on behalf of her late husband.

Pc Harper, who worked for Thames Valley Police, was killed while responding to a bike theft by three teenagers in Berkshire in August 2019 just four weeks after getting married.

Mrs Harper was made an MBE in 2022 for her campaign to strengthen the law in his memory, which was known as Harperā€™s Law.

The panel, sitting at Hampshire Constabularyā€™s strategic headquarters in Eastleigh, ruled that Mr Apter had made the comment about Mrs Harper during a staff ā€œhuddleā€ during preparations for the awards ceremony during the annual Roads Policing Conference in January 2020.

Legally-qualified chairman Giles Pengelly said: ā€œWe find the comment made about Lissie Harper proved and is proved to the level of gross misconduct.ā€

The panel cleared Mr Apter of a second allegation that he said in early 2019 to a pregnant Police Federation colleague: ā€œMaybe youā€™ll get a bum now.ā€

We have concluded that if Mr Apter were a serving officer, the least sanction would be dismissal, on account that he is no longer a serving officer and is an ex-officer, the appropriate sanction would be dismissal without notice

Tribunal chairman Giles Pengelly

And the panel also cleared the 55-year-old, who served as an officer for 30 years, of an allegation that he had touched the bottom of a woman, referred to as Female A, at a restaurant while visiting London for the National Police Bravery Awards in December 2021 before asking her: ā€œIs that okay?ā€

Mr Apter had denied the three allegations, which followed an investigation ordered by the Independent Office for Police Conduct (IOPC), and had told the tribunal that he ā€œabsolutelyā€ had not made the comments.

He said he had only ā€œscratchedā€ the womanā€™s upper back, and added that he found the claims ā€œdeeply hurtfulā€.

Mr Apter, who started his career in policing in 1992, had spoken out against the use of sexist nicknames as part of a canteen culture in the police in 2021, after the murder of Sarah Everard by a serving officer.

He wrote in the Sunday Times: ā€œMisogyny is not just a problem for women, itā€™s a problem for us all. Far too often there is silence when this takes place, and through this inaction, we are failing each other and wider society.

ā€œWe need to consign to the history books some of our canteen culture where sexist nicknames and derogatory remarks are made. When banter crosses the line to become sexist, derogatory or homophobic, thatā€™s when it ceases to be banter.ā€

He told the hearing that he had ā€œchallengedā€ inappropriate behaviour by police officers and stood by his public comments about misogyny.

The hearing was adjourned for the panel to consider its sanction against Mr Apter.

Mr Pengelly told Mr Apter that had he been a serving officer he would have been dismissed without notice.

As a result of the sanction handed down by the panel, Mr Apterā€™s name will be automatically added to the College of Policingā€™s list of barred officers for at least five years.

(The) disconnect between the face that was shown to colleagues internally and the public externally is one which would be held in low regard by members of the public generally

Cecily White, Hampshire Constabulary

Mr Pengelly said: ā€œWe have concluded that if Mr Apter were a serving officer, the least sanction would be dismissal, on account that he is no longer a serving officer and is an ex-officer, the appropriate sanction would be dismissal without notice.ā€

Cecily White, for the appropriate authority Hampshire Constabulary, said Mr Apterā€™s comment was ā€œlewdā€ and it was ā€œclearly sexually suggestive, demeaning and derogatory about womenā€.

Ms White said: ā€œThe public would have regard to the fact that this was a policing event, it was a federation event, and that disconnect between the face that was shown to colleagues internally and the public externally is one which would be held in low regard by members of the public generally.ā€

She said that because of his high-profile position, Mr Apter had a ā€œresponsibility to set a good exampleā€ to other officers, adding: ā€œItā€™s of particular concern that police officers deal respectfully with women, particularly in front of other policing colleagues.ā€

She said: ā€œThis is really about the damage to public trust and confidence in policing and the discredit it could bring on the service, and hampering the good work of other officers up and down the country.ā€

You are dealing with an officer of 30 years of exceptional service and it was his dedication to policing that led to a deterioration in his health and the decision he shouldn't stand for a second term of chair of the Police Federation

Ailsa Williamson, representing John Apter

Ailsa Williamson, representing Mr Apter, said there had not been any further complaint against Mr Apter in relation towards Mrs Harper.

She said: ā€œAll the evidence before you is that John Apter took a very serious approach to Lissie Harperā€™s needs at the policing event.ā€

She added that after Mrs Harper was informed of the comment, ā€œher observation was that she was surprised by the allegation because John Apter had only been professional and kind to her on the handful of occasions she had met himā€.

Ms Williamson said Mr Apter had been a ā€œstrong advocate for female rights, adding: ā€œHe is not someone who has displayed sexual attitudes.ā€

She added that Mr Apter hoped that the ā€œbrief and casual wayā€ the comment was made would reduce the ā€œharmā€ to Mrs Harper and ā€œpublic confidence in policingā€.

John Apterā€™s comment about Mrs Harper was wholly inappropriate and itā€™s this type of behaviour that undermines public confidence in policing, particularly amongst women

Mel Palmer, IOPC

She said: ā€œYou are dealing with an officer of 30 years of exceptional service and it was his dedication to policing that led to a deterioration in his health and the decision he shouldnā€™t stand for a second term of chair of the Police Federation.

ā€œThe length of these proceedings and the investigation has had a significant impact on his health and damaging effects on his reputation, which before these proceedings was completely unblemished.ā€

The Police Federation of England and Wales said that it would not be commenting on the case.

IOPC regional director Mel Palmer said: ā€œJohn Apterā€™s comment about Mrs Harper was wholly inappropriate and itā€™s this type of behaviour that undermines public confidence in policing, particularly amongst women.

ā€œHis behaviour was even more concerning given his position of authority as chairman of the Police Federation and demonstrated a lack of respect for women.ā€

Deputy Chief Constable Sam de Reya, of Hampshire Constabulary, said: ā€œWhat we have heard during this hearing about inappropriate comments and behaviours is deeply troubling.

There is absolutely no place for this behaviour and we all have a responsibility to call this out so that our communities can have complete trust in us to always act with the highest of standards

Deputy Chief Constable Sam de Reya, Hampshire Constabulary

ā€œIt was particularly distressing to hear the details of the comment involving Mrs Harper.

ā€œIn his own words, Mr Apter said the impact of such a comment on Mrs Harper and her family would have been horrific. He stated it is a disgusting allegation and is deeply offensive.

ā€œSuch lewd comments are never acceptable and to speak in that way towards someone who was going through such a traumatic personal loss, and someone who the wider policing family feel so protective of, is beyond comprehension and it is so upsetting that with everything Pc Harperā€™s family has been through, they have now had to deal with this.

ā€œThe fact this was by someone who publicly represented police officers nationally and was seen as a role model by so many makes this even more damaging for policing.

ā€œThere is absolutely no place for this behaviour and we all have a responsibility to call this out so that our communities can have complete trust in us to always act with the highest of standards.ā€

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