A Merseyside Police officer was handed a final written warning for using a homophobic slur after arresting a drunken man in the street.
PC Daniel Wiffen was recorded on his own body-worn camera warning a colleague “you just need to keep an eye on him cos the cuffs keep slipping off cos this skinny f****** f**”.
The complainant, referred to as Mr A, told investigators from the Professional Standards Department (PSD) that he was openly bisexual and found the term offensive.
However an independent disciplinary panel found that, while PC Wiffen’s behaviour amounted to gross misconduct, he was “not homophobic” and had used the term in frustration during a stressful incident.
They also heard Mr A and his associate had used the term themselves while drunkenly shouting in the street – which the officer claimed may have “planted the seed” in his mind.
The incident occurred on May 8 last year outside the Shrewsbury Lodge Hotel in Oxton, where police had been called to reports of drunken males causing a nuisance in the street.
PC Wiffen, 26, who joined the Force in 2016, attended the scene where he tried to deal with an acquaintance of Mr A, who was drunk and swearing loudly.
The PC said that while the man he was dealing with appeared to calm down, Mr A complained about them questioning his friend and “out of nowhere” became violent and aggressive.
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The panel heard: “[Mr A] took his jacket off and assumed a fighting stance. He was bounding up and down saying ‘f*** off you c****’.
“People began to look out of their homes.”
PC Wiffen and his colleague decided to take “clearly drunk” Mr A to the ground due to his “escalating, aggressive behaviour”, which included “shouting and screaming, talking about Nazi governments”.
After finally securing Mr A in the back of a police van and closing the cage door, PC Wiffen wanted to warn his colleague about the handcuffs slipping off, and made the offensive comment.
The panel heard Mr A, who accepted he was “kicking off on the police” and did not question the need for his arrest, heard the comment and took it as a homophobic slur.
According to the panel: “The Officer told the Panel that he didn’t recall saying ‘skinny f****** f**’ and that he only found out when his body worn camera footage was viewed.
“He said that when he found out it ‘tore him apart’, because using that language was ‘completely not me’ and he hadn’t used the term ‘f**’ before.
“He said that he understood that anyone gay or bisexual hearing the word ‘f**’ would be offended by it.
“Having reviewed the evidence bundle again and again he wondered if the fact that another Officer had heard the word ‘f*****’ meant that [PC Wiffen] had heard something which had, in the moment, planted a seed, because he said it’s not a word he would use.
“He said he has gay friends, and at the time he knew ‘f**’ is an offensive word.
“He said it would destroy him if someone thought he was homophobic. He said this was not how he approached life, and that he had friends who are gay and who look different and dress differently.”
PC Wiffen told the disciplinary hearing, held at Eaton Road Police Station, that he could not explain his use of the word other than it was a “very stressful situation”.
The panel concluded that there was not enough evidence that PC Wiffen knew or suspected that Mr A was gay or bisexual at the time of the incident – and could not conclude he was homophobic.
It stated: “The Officer gave credible and persuasive evidence, which the Panel accept, that he has always regarded, and still regards, the term ‘f**’ as derogatory and unacceptable.
“His character evidence, insofar as it is relevant at this stage of the case, provides further and often independent assurance which supports the submission that the Officer does not have a general propensity to behave in the manner which he admits during the incident in question.
“On the contrary, the Officer is described as being polite and courteous, and a person who treats people with dignity and respect.
“He is not, as the Appropriate Authority (PSD) accept, homophobic.”
The officer admitted his conduct amounted to gross misconduct and was a sackable offence – but the panel drew back from firing him and placed him under the terms of a final written warning lasting three years.
Chief Superintendent Peter Costello, head of the force’s Professional Standards Department, said after the case: “I acknowledge the impact this incident will have had on the man involved – words and actions such as this can, and do, have a hugely detrimental impact. On behalf of the force I want to extend our apologies to him.
“I would also 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 do an exemplary job and serve our communities with compassion, integrity and professionalism at all times.
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“To that end we will continue to work closely with our LGBT+ network to discuss the issues this case has raised and to continue to ensure that our staff work with the highest ethics and integrity. Being a fully inclusive employer is one of our highest priorities and this will ensure that all our communities can have trust and confidence in the service we provide.
“This officer’s conduct fell far below the standards we expect of everyone employed by Merseyside Police.
“During the hearing the officer said ‘I am sorry for what I have done, I have not only let myself down, I have let down Mr A (the complainant), the wider community and the reputation of the force as a whole’.
“The officer also offered to meet with the member of the public to apologise for his actions and that offer has been accepted.”
