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Sacked police officer keeps pension after disciplinary hearing is delayed

West Midlands Police Assistant Chief Constable Marcus Beale, who has been dismissed without notice by the force after failing to safeguard top secret documents stolen from his car - PA
West Midlands Police Assistant Chief Constable Marcus Beale, who has been dismissed without notice by the force after failing to safeguard top secret documents stolen from his car - PA

A senior counter-terrorism officer sacked for failing to safeguard secret files stolen from the boot of his car will keep his £215,000 pensionlump sum after his dismissal was delayed.

West Midlands Police Assistant Chief Constable Marcus Beale launched a judicial review just hours before a disciplinary hearing on March 29, forcing its postponement.

By the time the hearing was rescheduled for Wednesday - at which point West Midlands' Chief Constable Dave Thompson took the final decision to dismiss him without notice - the 54-year-old officer had reached the 30-years service qualification for automatic payment of his pension.

Chief Constable Thompson ratified a ruling by a disciplinary panel ruled in February that Mr Beale, head of the West Midlands counter-terror unit, had behaved with gross misconduct by leaving a briefcase containing classified material inside a locked car.

Mr Beale pleaded guilty last year to an offence under the Official Secrets Act and had faced losing a £215,000 pension lump sum if sacked.

But he will now retire with full pension and lump sum, since Wednesday's hearing took place after April 6 - understood to be the date his pension became active.

Assistant Chief Constable Marcus Beale of West Midlands Police - Credit: Joe Giddens/ PA
Assistant Chief Constable Marcus Beale of West Midlands Police Credit: Joe Giddens/ PA

Ordering that Mr Beale be dismissed for gross misconduct, Mr Thompson said: "The conduct in this case is a serious criminal conviction for improperly caring for documents of the highest sensitivity.

"I agree (with a previous disciplinary panel decision) that the misconduct in this case is serious and is very likely to undermine public confidence in policing."

The chief constable said he had decided to dismiss his colleague with a sense of "huge personal regret", having heard considerable and impressive character evidence.

Mr Thompson added: "In terms of harm, the panel noted the consequences could have had the utmost seriousness. I do not question the very high regard he is held in, in policing and beyond," he said. It is deeply painful to look at what he has achieved and where he is now.

"At the heart of this case is simply what sanction will maintain public confidence in policing. I cannot see how the public would feel a final written warning, particularly one within days of the this officer's retirement, would be seen as appropriate."

What is terrorism? | Wide legal definition
What is terrorism? | Wide legal definition

The previous hearing was told the classified documents were never supposed to leave police premises, and concluded that "a serious breach of protocol" as to the handling of top secret material had occurred.

The hearing was told there was no sign of forced entry to Mr Beale's "keyless" vehicle and that he only discovered the briefcase was missing when he stopped at a service station in Warwickshire.

The case containing four documents, included minutes from a high-level counter-terror meeting, counter-terrorism local profiles, details of regular organised crime and sensitive information about a high-profile investigation.

The documents were not found despite a inquiry, which required the "considerable diversion" of police resources.

Mr Beale, who has been suspended on a £119,000-a-year salary, spoke only to confirm his name during the hearing before his chief officer.

John Beggs QC, Mr Beale’s legal counsel, said in mitigation that dismissal would be "merely symbolic" in light of the officer's imminent retirement.

He said that Mr Beale reported the documents as missing immediately and his failing had been an unintentional mistake with no malice or premeditation.

"Mr Beale's response to this ghastly realisation (that documents had been stolen) was swift, professional, selfless, and imbued with the characteristics that runs through him like Brighton rock - honesty and integrity,” he said.