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Two police officers convicted on misconduct charges for failing to protect vulnerable man (22 December 2015)

Date: 22/12/2015
Duncan Lewis, Legal News Solicitors, Two police officers convicted on misconduct charges for failing to protect vulnerable man

Bristol Crown Court has found two police officers guilty of misconduct in a public office, after they failed to act to protect a vulnerable man, Bijan Ebrahimi, who was killed after being harassed in his own home by vigilantes.

The court heard that, in 2013, Bijan Ebrahimi was seriously assaulted, which led to his death, and his body was set alight by the roadside near his home, after being doused in petrol.

Following an investigation by the Independent Police Complaints Commission looking into police actions before Mr Ebrahimi’s death, PC Kevin Duffy and PCSO Andrew Passmore were charged with misconduct in public office on the advice of the Crown Prosecution Service (CPS).

The case involved evidence that PC Duffy should have known Mr Ebrahimi was at risk from vigilantes in his neighbourhood, but PC Duffy had failed to visit or otherwise make contact with him. He had also refused to speak to Mr Ebrahimi on the telephone.

Andrew Passmore was found guilty of claiming in a witness statement dated 3rd September 2013 that he had carried out a foot patrol of Capgrave Crescent, where Mr Ebrahimi lived, and the surrounding area on 12th July 2013 for a period of up to an hour.

PC Leanne Winter and PC Helen Harris were also charged with misconduct in a public office, but were found not guilty.

At a previous trial, Lee James pleaded guilty to the murder of Bijan Ebrahimi, who died on Sunday 14 July 2013. He was sentenced to life imprisonment with a minimum of 18 years.

Steven Norley pleaded guilty to an offence of assisting an offender and was sentenced to four years' imprisonment.

Specialist Prosecutor at the Crown Prosecution Service, Colin Gibbs, said:

“Kevin Duffy ignored repeated requests for help from Bijan Ebrahimi, who was in fear of his life.

“He clearly didn't like Bijan Ebrahimi and treated him as a liar and a nuisance.
He refused to speak to him, including repeatedly ignoring his phone calls for help when he felt unsafe in his own home.

“Kevin Duffy was aware of the dangerous situation Bijan Ebrahimi was in –
and knew of the threat from the man who later went on to callously murder him.

“Kevin Duffy failed in his basic public duty – he had an opportunity to try and stop this vigilantism before it escalated.

“Andrew Passmore was found guilty of lying in a witness statement, claiming he had carried out a foot patrol in the area around Bijan Ebrahimi's home for up to an hour.

“We hope today's convictions will be of some small comfort to Bijan Ebrahimi's family.”

Duffy and Passmore will be sentenced in 2016.

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Personal injury claims usually have to be made within three years of injury or within three years of conviction of the perpetrator – and can be made against the Criminal Injuries Compensation Authority and/or via the civil court.

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