A serving Merseyside Police officer who made the "worst possible racist joke" to a mixed-race colleague has kept his job after a second misconduct hearing.
Sergeant Craig Baker previously appeared before a police misconduct hearing in August 2022 where he was sanctioned due to inappropriate comments he made about a fellow officer's ethnicity. The misconduct hearing heard that on Wednesday, August 27 2021 Sgt Baker had asked his colleague what he was doing during a shift.
His colleague, a mixed race temporary sergeant, replied he was cleaning chocolate off a face mask. Sgt Baker then touched the complainant's face and neck and said "it's not coming off," referring to his skin colour. Sgt Baker then left the room, making the parting comment: "Don't be putting me in your notebook for racism".
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But despite being found guilty of gross misconduct, an independent panel stopped short of sacking Sgt Baker. Instead, the 45-year-old was sanctioned with a final written warning that would remain on his record for five years.
However, last month Merseyside Police won a legal bid to haul Sgt Baker back before a new misconduct hearing relating to the same allegation. Matthew Holdcroft, representing Merseyside Police, told the hearing today, Monday, February 5 that the incident had had a significant impact on the complainant.
Mr Holdcroft said: "The victim has experienced 21 personal incidents of racism from the public, but never from a colleague. This is by far the worst he has suffered. It was old school racism, making out he was dirty and like something he had stood in."
Mr Holdcroft added: "This was direct, conscious racism" – and was "a racist joke in the worst possible case". The hearing was told that Sgt Baker's conduct during the incident was "intentional, deliberate and targeted" and due to his supervisory rank had to be taken "especially seriously".
The barrister told the hearing that Sgt Baker's mitigation referred to the incident as a "one off". However, Mr Holdcroft said Sgt Baker had "showed no remorse" and had given a "malicious, fabricated and dishonest account" of the incident when quizzed by interviewing officers.
The hearing heard how in May 2022 the National Police Chiefs' Council launched 'The Police Race Action Plan: Improving Policing for Black People'. The aim of the action plan was to address significantly lower levels of trust and confidence among black people and the race disparities affecting black people.
The plan was signed by all 43 police forces in the country, Mr Holdcroft said, and on the same day Merseyside Police Chief Constable Serena Kennedy pledged for an anti-racist local force. CC Kennedy said Merseyside Police would have a "zero tolerance approach to racism in policing" and they "will route these people out".
Mr Holdcroft told the hearing: "Chief Constable Kennedy said there is no place for racism, the officer accepts that as well." Mr Holdcroft said the public interest in the case could not be higher, and "the public would have no confidence in a racist officer". He finished: "This was old school racism, there is no alternative other than dismissal without notice."
Nicholas Walker, representing Sgt Baker, said the independent panel had previously come to the decision to sanction the officer with a final written warning, calling it the "right decision". Mr Walker said this outcome was not a light decision; it meant Sgt Baker had to live every day knowing there would be no second chance.
He said the panel had previously heard evidence that the incident was a "one off" – and Sgt Baker had an extensive record of service and good character references. Mr Walker told the panel: "It is our submission that nothing has changed…you understood your task, you heard the evidence, it would be wrong to go back on the decision today."
The previous decision had resulted in "a lot of criticism", Mr Walker said, as he referenced comments made by CC Kennedy and the former Deputy Chief Constable, Ian Critchley, who issued an extensive statement following the panel's previous decision.
He said the "pressure had been ramped up" on the panel following these comments, but added the senior police officers had not heard the evidence in person in August 2022. Mr Walker said since the original hearing, Sgt Baker has had a child and triplets, so now has four children under the age of four.
He added Sgt Baker had operated without restriction to his day-to-day policing, with him continuing to police football matches and public disorder incidents. He said the sergeant now leads a response team and has been "deployed to considerable effect".
Mr Walker told the panel: "This was a stupid, racist joke", and that "one does not have to be sacked for every example". He finished: "You are here because of your independence of mind, I urge you to readopt what was done in August 2022 in the strongest of terms."
David Tyme, who chaired the three person independent panel, said the hearing was primarily not to punish the officer, but to protect the public confidence in national policing. He said there was significant public interest in the hearing and the panel had to weigh up the seriousness of the conduct, as well as the purpose and support of the sanction.
Mr Tyme said the incident was "proven to be gross misconduct" – and the panel had a "balancing act" between the harm and culpability that Sgt Baker's actions had, weighed against the mitigation. Mr Tyme said Sgt Baker's culpability and the harm of his actions were high, particularly due to his position of responsibility, and added: "The evidence showed it was deliberate and targeted" and "racially offensive".
However, he added Sgt Baker had previously been an "exemplary and committed officer" and had apologised to the complainant. Mr Tyme said the panel had determined a final written warning was the correct sanction. He said Sgt Baker had been sanctioned again to a five-year written warning, but added it would take into account the 18-months he had already worked under the warning.
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