Tomlinson death: Pc faces gross misconduct charge

Four months after the Director of Public Prosecutions announced he was not bringing criminal charges against the police officer who pushed London newsvendor Ian Tomlinson to the ground during the G20 protests on April 1, 2009, it was announced today that the officer will face a police disciplinary hearing before Christmas.

Ian Tomlinson, who was 47, died of a sudden heart attack shortly after being hit by Pc Harwood's baton and pushed to the ground.

Pc Harwood will be accused at the disciplinary hearing - which could be held in public - of using force that "was not necessary, proportionate or reasonable in the circumstances". His actions, it will be claimed, "inadvertently caused or contributed" to Tomlinson's death.

Tomlinson's family and supporters were furious when the DPP, Keith Starmer, announced on July 22 that he would not bring criminal charges - not least because police complaints investigators had told the family last August that they had recommended Harwood be charged with manslaughter.

The newsvendor's stepson Paul King said at the time: "It's outrageous. We feel like it was not a full investigation from the beginning. It's a big cover-up."

Giving his reason for not charging Harwood, Starmer did not dispute that the police officer had struck Tomlinson with his baton and pushed him to the ground. Nor did he dispute the fact that Tomlinson just happened to be walking home through the crowd of protestors and posed no threat.

Starmer's argument was that there was no realistic prospect of a conviction against Harwood because of "sharp disagreements" between pathologists.

Today's announcement of a disciplinary hearing comes from the Independent Police Complaints Commission.

Deborah Glass, the IPCC deputy chair and commissioner for London, said: "From the moment the video was published to the world in April 2009, there has been an overwhelming public feeling that the officer seen to strike Ian Tomlinson should be held accountable for his actions."

The IPCC is consulting with Tomlinson's family, with Pc Harwood and with the 105 potential witnesses on whether the misconduct hearing should be held in public. ·