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12/23/2010

Hearing for G20-death officer may come after inquest

Misconduct proceedings for the police officer seen pushing Ian Tomlinson at a London protest could take place after the newspaper seller's inquest, a coroner's court has heard.

The 47 year old died after collapsing on the pavement on the fringes of G20 protesters on April 1 last year.

A pre-inquest review attended by members of his family today heard that the full inquest could take place as early as the end of March, although dates in April and May were also suggested. Judge Peter Thornton QC, sitting as assistant deputy coroner, said the inquest would last between five and six weeks, with the evidence being considered by a jury.

The Old Bailey judge discussed whether the inquest should take place before the misconduct hearing against Pc Simon Harwood, a member of the Metropolitan Police's territorial support group. He could be sacked under the fast-track misconduct proceedings.

Pathologist Dr Freddy Patel originally found that Mr Tomlinson died of natural causes but amateur video footage emerged showing him being pushed to the ground by the police officer.

Matthew Ryder QC, representing Mr Tomlinson's family, said the jury could be influenced by evidence that emerged from Pc Harwood's disciplinary hearing if it was held first. He told City of London Coroner's Court: "There is little advantage, and significant disadvantage, in having the inquest after the disciplinary process, and there is a risk of prejudice to the interests of justice in having the inquest afterwards."

Jeremy Johnson, for the Metropolitan Police, said the misconduct hearing should take place "promptly" and that there was a "delicate balance" in deciding the timings of the two cases. He said he was "narrowly in favour" of going ahead with Pc Harwood's misconduct hearing, and added: "Ideally the inquest would take place first but if there is to be a delay before the inquest happens, there is no barrier to the misconduct proceedings pressing ahead."

Mr Thornton will consider the timings of both hearings and said he would write to the force "hopefully this week" to give his opinion. He told the hearing: "There is no hard-and-fast rule about this; it's just a question of what is just and fair and, in the end, what makes sense."

A start date in May would prevent delays caused by Easter and the Royal wedding bank holiday in April, Mr Thornton said. But Mr Ryder argued for "as early a start as possible".

Mr Johnson agreed that the "considerable delay" that had already occurred was "regrettable". A date should be set within the next two weeks, with the venue also yet to be decided.

Source: Press Association Ltd.

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