Torquay offensive image officer not guilty

Cop posted 'George Floyd' meme

The day after a white American police officer was found guilty of murdering black citizen George Floyd by kneeling on his neck for nearly 10 minutes, a sergeant in Devon's been cleared of sending a grossly offensive image featuring the dead man.

Appearing at Plymouth magistrates' court on Wednesday, Sergeant Geraint Jones, 47, who's been suspended by Devon and Cornwall police, was found not guilty by a district judge.

Sergeant Jones sent the image last May to a WhatsApp group that included a number of other police officers and staff. The altered image inserted a naked adult film actor in the place of a police officer kneeling on George Floyd's neck. The original image showed Mr Floyd laying on the ground in Minneapolis shortly before his death. One of the WhatsApp members referred the meme to their manager.

The Independent Office of Police Conduct investigated and sent a report to the Crown Prosecution Service which authorised a criminal charge under section 127 of the Communications Act 2003. But the judge didn't think the case proven because the prosecution didn't sartisfactorily show that the image "was not intended as a joke."

However Sergeant Jones continues to be suspended by the police and continues to be subject to an internal disciplinary case for gross misconduct. 

IOPC regional director Catrin Evans said: “Criminal and disciplinary proceedings serve two different purposes. One is to determine whether someone has broken the law, and the other to determine whether an officer has breached police standards of professional behaviour. It will be for the police disciplinary process to determine whether the case against Sergeant Jones is proven and, if so, what the appropriate sanction is.”

The IOPC statement continues: "In respect of other serving officers among the group, we found no case to answer for misconduct. However, Devon and Cornwall Police agreed with our view that the performance of two individuals did fall short of expectations. A detention officer, who could not be shown to have viewed the entire image, has received informal management action from the force over their response to the message, and a sergeant is subject to reflective practice procedures for not reporting the matter straight away.

"The force has since acted on recommendations made by the IOPC to strongly remind custody staff and the wider force of their expected behaviour under the police Code of Ethics and the Equality Act, and that they are duty bound to challenge and report inappropriate behaviour by any colleague. The force also agreed with our recommendation to take steps to ensure that all staff comply with national police guidance about posting comments or images on social media.

 Our learning recommendations were:

• The IOPC recommends that Devon and Cornwall Police take steps to ensure all officers and staff within Torquay Custody suite and the wider organisation conform to the expectations of their behaviour under the Code of Ethics, whilst on and off duty, and promote a safe and open culture, which makes clear to officers and staff that they are duty bound to challenge and report behaviour that does not align with this Code.
• The same goes for their behaviour under section 26 of the Equality Act 2010, whilst on and off duty, and promote a safe and open culture which makes clear to officers and staff that they are duty bound to challenge and report behaviour that does not align with this Act.
• They've also been told to comply with the Association of Chief Police Officers’ Guidelines on the Safe use of the Internet and Social Media by Police Officers and Police Staff 2013. They should also make clear to officers and staff that WhatsApp and other instant messaging platforms are considered forms of social media.

Temporary assistant chief constable Steve Parker said: “Devon & Cornwall Police values equality and diversity enormously and we have an expectation of all of our staff to not only mirror this but act as advocates in our communities to support this ethos.

“We are aware of the concerns resulting from this incident and subsequent investigation. Since the matter came to light, we have taken an open and honest approach to engaging with our diverse communities. We will continue to do so following this verdict, and I would like to reassure everyone that Devon & Cornwall Police will address and learn from the issues raised in the IOPC recommendations."