PC who killed Dalian Atkinson set to be sacked after admitting misconduct

West Mercia Police had ‘no alternative’ but to dismiss police constable

Benjamin Monk was convicted of manslaughter (PA)

The police constable who is currently serving an eight-year jail sentence for the manslaughter of ex-footballer Dalian Atkinson is facing dismissal with no notice.

Benjamin Monk did not attend a disciplinary hearing, but his lawyer explained that the 43-year-old had accepted that West Mercia Police had “no alternative” but to dismiss him.

The hearing was to consider an allegation of discreditable conduct, when the judge who jailed Mr Monk said that the police officer had used unlawful force which “carried a high risk of really serious injury”.

On 23 June, following a nine-week-long trial, Mr Monk was cleared of murder but was unanimously convicted of manslaughter.

This was after the court heard he had kicked the 48-year-old Mr Atkinson in the head at least two times, after he had been tasered to the ground.

The former Aston Villa, Sheffield Wednesday and Ipswich Town football star later died in hospital, having lost consciousness.

The incident occurred in August 2016, following Mr Atkinson’s arrest near to his childhood home in Meadow Close, Telford, Shropshire.

At Friday’s hearing which took place in Worcester, Mr Atkinson’s lawyer, Patrick Gibbs QC, said to West Mercia Chief Constable Anthony Bangham: “I formally confirm that Pc Monk accepts that... the force will have no alternative but to dismiss him without notice.”

A total of 13 letters of reference were submitted from other officers with Mr Gibbs telling the hearing that Mr Monk had also received numerous letters of support from the public during his 19-year policing career.

In reference to Mr Monk’s conviction for manslaughter, Mr Gibbs explained that the judge had in fact accepted that the officer’s use of a Taser had been lawful.

Mr Gibbs added: “It came down to the kicks and the jury found that in the heat of the moment he had gone beyond what was reasonable and convicted him.

“And for that it is inevitable that you will have to dismiss him.”

John Beggs QC, who was representing West Mercia Police, explained to the hearing that the judge had said that the two kicks to the head had been a contributing factor in Mr Atkinson’s death.

Mr Beggs said: “Inevitably a conviction of this order, as admitted, constitutes discreditable conduct, discredits West Mercia Police and the wider police service, and is susceptible to only one rational outcome.”

The hearing was also told that the police officer had previously been commended, having saved the life of someone who was suicidal.

Following the guilty verdict against Mr Monk, it came out that he had failed to mention two criminal cautions when he applied to join the force in 2001.

However, he kept his job when in 2011 he was found to have committed gross misconduct for breaching standards for honesty. As a result, he was given a final written warning for 18 months.

The court was told that cautions were issued in 1997 and 1999, one was for theft from a shop during a summer holiday job, while the other was for being found drunk.

The previous gross misconduct case has led relatives of Mr Atkinson to suggest that Mr Monk “should never have been working for the police.”

The hearing was attended by Mr Monk’s partner, sister and brother-in-law.