Constable resigned from force after police searched friend's phone
A police officer who was outed as a racist after his colleague’s phone was seized claimed he couldn’t be a bigot because he had black friends. Former Constable Thomas Birkett appeared before an accelerated misconduct hearing on December 18 last year to face allegations that he had breached Merseyside Police’s professional standards to the level of gross misconduct.
The misconduct hearing, chaired by Chief Constable Serena Kennedy, heard the allegations related to a period in 2019 when the officer had shared inappropriate messages and videos with a colleague. The videos only came to light when the unnamed colleague’s phone was seized after he was arrested on suspicion of harassment.
The hearing was told that when the phone was downloaded messages and videos exchanged between the two were “racist and ableist in nature”. On October 11 2019 the former constable made a comment to his colleague which said “can’t send it to (redacted) anyone. He’s a Sgt now” to which his colleague replied “Oh yeah I wouldn’t.”.
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Also on the phone were videos that former Constable Birkett had sent. These included a video of former Liverpool player John Barnes on the television with a banana being thrown at the TV and a video entitled “white woman workout” depicting an exercise class for women, showing white women being chased by a black man.
Other videos included a TikTok of a woman wearing an abaya and hijab talking on her phone on the deck of a shop. At the centre of the footage is a caption saying “sorry not sorry” then the footage shows a sign that says “do not throw foreign objects into the sea”.
Another TikTok video showed a man walking and pointing his phone in front of him saying “yes, finally in the Isle of White (sic) away from all the”. At this point he turns around and behind him is a man of mixed ethnic background walking towards him. He then says “aw for f***’s sake”.
Chief Constable Kennedy told the hearing: “I am satisfied that “redacted’s) mobile phone was lawfully seized and likewise the evidence which is relevant to this case was lawfully seized and retained.” Considering article 8 of the European Convention on Human Rights which covers a person’s right to respect for privacy, Merseyside’s most senior officer added: “I am of the view that this material is so blatantly of discriminatory and vile nature which is so beyond the expectations of a police officer they have no legitimate expectations of privacy or alternatively that its use in these proceedings is proportionate.”
In a written judgment it was noted that the former officer admitted sending and receiving the WhatsApp messages and videos – whilst not remembering the individual “texts” he accepts that it is he who is responsible for sending and receiving them. It was further acknowledged that he must have known the messages were wrong by his comments including “I’m going to hell I am fully aware” which he followed with “ha ha”.
Chief Constable Kennedy found former officer Birkett had breached the standards of professional behaviour, namely authority, respect and courtesy; challenging improper conduct; equality and diversity; and discreditable conduct. She said: “At a time when trust and confidence has been impacted in recent years especially when some of these messages were sent after the death of George Floyd in May 2020 which had a considerable impact on trust and confidence in policing internationally particularly in our black communities.
“Behaviour of this nature completely discredits the police service and has a huge impact on the confidence of the public that we will act with fairness and impartiality whether on or off duty.”
Chief Constable Kennedy said former officer Birkett “resented any accusation that he was a racist”. She added: “I find it incredulous that this former officer does not recognise that he can only be described as a racist/ableist and sexist from the vile content that he shared with another officer. It is offensive that he uses family friends that are of colour as evidence that he is not racist.”
Former officer Birkett resigned from the force before the hearing. Chief Constable Kennedy said: “The former officer Birkett has no place in policing and had he not already resigned the sanction would have been immediate dismissal without notice."
The officer will also be placed on the police barred list. I hope that the communities of Merseyside recognise that the behaviours of these officers are not reflective of the behaviours demonstrated by the majority of Merseyside officers and that Merseyside Police are committed to improving trust and confidence in Merseyside Police and such behaviour will absolutely not be tolerated.”
Detective Chief Superintendent Sabi Kaur, head of Merseyside Police’s professional standards department, said: “We expect the highest standards at all time from our officers and staff and when their actions fall below those standards we will take swift and effective action.
“Having the confidence of the public is essential for us to police Merseyside effectively and I want our communities to feel reassured that we are committed to finding those who fail to adhere to our professional standards and removing them from the force. The unacceptable action of individuals will not be allowed to damage the good name built up by the vast majority of our officers and staff who do an exemplary job to ensure that all of our communities are protected.”