Off-duty police officer told jogger he would 'flatten' him

An off-duty police officer told a jogger to "stop wasting police time" after he screamed abuse at him following an argument over a dog.

Merseyside Police Constable 8555 Ryan Bate appeared at a misconduct hearing held on March 6 this year where he was found to have breached the standards of professional behaviour following an incident with a member of the public while he was off duty. The hearing was told PC Bate grabbed the unnamed complainant and shouted words to the effect of "I will f***ing knock you out".

And when the complainant tried to walk away to call the police, PC Bate ran after him and told him words to the effect of "get off the phone to the police and stop wasting their time". Police were alerted to the incident at around 5.45pm on May 12, 2023, to report that the complainant had been assaulted.

The hearing heard that the complainant had been out for a run around Billinge Hill, St Helens, when a dog - a dachshund called Max owned by PC Bate - had run between his legs. The complainant said he shouted to the off-duty officer to put his dog on the lead as he didn't want to kick it.

PC Bate threatened him and added he would "flatten" the complainant, before kicking him in the ankle leaving a "small red cut". The complainant then took a photo of PC Bate before calling the police. The complainant told the hearing, held at Merseyside Police HQ, that PC Bate ran after him and having overheard his conversation said words to the effect of "get off the phone to the police and stop wasting their time".

PC Bate told the hearing that the complainant had been the aggressor, approaching him in response to the incident with the dog and telling him "get your f***ing dog on a lead ya k***head". The officer said the complainant continued to engage in "abusive conversation", and denied there was any physical contact between the two.

PC Bate also said once the situation had calmed down, he identified himself as a police officer and advised the complainant that his conduct amounted to a public order offence. PC Bate initially told the complainant that he told him to get off the phone and stop wasting police time, but later accepted he did so.

The panel, who preferred the complainant's evidence of the events to that given by PC Bate, said: "Something sufficiently serious must have happened to cause (redacted) to take a photograph of PC Bate and for him to call the police to report what he described as an assault. The panel find that (redacted) did not make it all up."

The panel did not make any specific findings about the words used by the two men, but said "it is likely that they both used the words attributed to them". The panel said the incident should have stopped but PC Bate went after the complainant and took hold of his shoulder. The panel added it finds that "it is more likely than not that PC Bate kicked (redacted)".

PC Bate was alleged to have breached the standards of professional behaviour in respect of discreditable conduct, which states "police officers (must) behave in a manner which does not discredit the police service or undermine public confidence in it, whether on or off duty".

The hearing was told: "Based on its finding of fact, the panel concludes that PC Bate breached the Standard of Discreditable Conduct. His behaviour towards (redacted), assaulting him and use of abusive language, was inappropriate and unacceptable and would serve to undermine the trust placed in the police by members of the public." Although the officer was not convicted of a criminal offence, his conduct was found to amount to gross misconduct.

The panel finished: "The panel is obliged to consider the least severe outcome first when determining the most appropriate outcome for PC Bate. A final written warning is not ‘a light touch solution’ because it will likely affect the officer’s future career. It will remain on his record and be a continuing reminder to him of his bad conduct.

"The panel finds that it is unlikely that PC Bate will repeat his behaviour because it came out of a moment of madness. A member of the public properly informed of the circumstances of the incident would put it into context and while finding it to be unacceptable would be ready to mitigate the sanction imposed.

"In the particular circumstances of this case, the panel concludes that the most appropriate outcome that is consistent with the purposes of police misconduct proceedings is that PC Bate is given a final written warning." The final written warning will remain on his record for two years.

Speaking after the culmination of the hearing, Detective Chief Superintendent Cheryl Rhodes, head of Merseyside Police’s Professional Standards Department, said: "We acknowledge the outcome of the hearing. This incident began as an argument involving a male member of the public and PC Bates, who was off-duty at the time. It has then escalated to the point that PC Bates has kicked his ankle.

"This officer’s conduct fell far below the standards we expect of everyone employed by Merseyside Police, and throughout this process he has been reminded of the levels of professionalism we expect and, more importantly, the people of Merseyside deserve. We demand the highest possible standards from all our officers and staff and the public, quite rightly, have the same high expectations of their behaviour.

"Merseyside Police is committed to ensuring that we treat all our communities with dignity and respect, whether on or off duty. We encourage both the public and our officers and staff to come forward if they witness such wrongdoing. All information about those alleged to have fallen below our high standards will always be thoroughly investigated to ensure the public and our staff can continue to have the utmost confidence in the force.

"I would like to reassure the wider community that we will not allow individuals to damage the good name built up by the vast majority of our officers who serve our communities with compassion, integrity and professionalism. His gross misconduct will be addressed by a formal final written warning, live for two years as decided by the misconduct hearing panel."

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