Cheshire Police officer allowed to keep job after fatal crash

Pedestrian Leslie Wakefield died aged 80 after being hit by the unmarked Cheshire Police car on Warrington Road in Penketh.

PC Matthew Foy, who was behind the wheel, today faced a gross misconduct hearing at the constabulary’s headquarters in Winsford in relation to his actions on the night in question.

An independent panel heard that the 48-year-old was driving a black BMW 3 Series while patrolling on the A562 shortly before 7.30pm on Monday, February 3 2020, when he was undertaken by a white Toyota Aygo which drove off at speed.

The specialist advanced driver then began to tail the other car and reached speeds of up to 68mph in a 30mph zone, but did not activate his siren or emergency lights.

Mr Wakefield was then struck by PC Hoy as he walked into the Widnes-bound carriageway from the central reservation near to the crossing by the Red Lion pub, around 30m ahead of the oncoming police vehicle.

He suffered multiple injuries in the collision and died ‘very quickly’ afterwards.

The officer was accused of ‘discreditable conduct’ in relation to a failure to activate his emergency warnings ‘while travelling at speed in a residential area’.

This was described during Wednesday’s hearing as being ‘disproportionate to a relatively minor traffic offence’.

Barney Branston, who appeared via video link as he represented Cheshire Police, said: “Had PC Foy properly assessed the risk to pedestrians in a built-up area with people going about their business, we say he would have activated his emergency warning signs.

“In all probability, that would have alerted Mr Wakefield to the presence of an unmarked police car.

“That car, at its fastest, had a speed 2mph short of the motorway speed limit in and area where it was 30mph – way more than double in any view.

“Our assessment is that he was overly focussed on the other vehicle, and we suggest that he had something of a tunnel vision.

“PC Foy could reasonably have foreseen such harm.

“This is, we say, gross misconduct and so serious that dismissal is justified.”

However, the panel – which was played dashcam footage of the incident – found that the ‘remorseful’ copper, from Warrington, had no case to answer.

Concluding, chairman Paul Forster said: “What he did was for a clear policing purpose, and there was an operational necessity.

“In our view, he did not go outside of the parameters of what might be considered reasonable.

“What he did was in accordance with his training, and in those circumstances his conduct is not considered to be discreditable.

“We therefore dismiss the case against PC Foy.”

The Guardian understands that no action was taken against the motorist whose driving sparked PC Hoy, who first joined the force in 2003, to ‘pace’ the other vehicle in order to gather evidence for a potential prosecution.

Detective superintendent Helena Banusic, head of Cheshire Police’s professional standards department, said following the hearing: “Firstly, I would like to express my deepest sympathies to the family of Mr Wakefield.

“I can only image the pain that they have endured over the past two years, and I acknowledge that this has not been helped by the process that they have had to go through and the length of time it has taken.

“While nothing can be done to bring back Mr Wakefield, I do hope that having heard all of the details his family are able to start rebuilding their lives following the conclusion of this process.”

Mr Wakefield’s son-in-law was present during the proceedings.

Deputy chief constable Chris Armitt added “I would like to express my sympathy to the family of Mr Wakefield following this tragic incident.

“As a police service, it is essential that the people of Cheshire have both confidence and trust in the service we deliver and I understand that incidents such as this can cause concern within our communities.

“That is why it is vital that in cases of this nature investigations are conducted independently from the force, ensuring that there can be no bias or prejudice.

“In this case, the independent panel has found that PC Foy followed all of the relevant procedures and could not have done anything more to avoid the collision.

“It truly is a tragedy for all involved.”