Merseyside Police officer who kicked man in sausage dog row keeps job

Merseyside Police’s Constable Ryan Bate was given a final written warning after a Gross Misconduct Hearing was held at the force's Liverpool headquarters on Wednesday, March 6.

Off-duty constable 'kicked jogger in ankle'

The charge was brought following “a thorough and extensive investigation” by the Merseyside Police Professional Standards Department into the incident, which took place while the officer was off duty on May 12, 2023.

It was alleged PC Bate had an argument with a member of the public in Billinge Hill and at one point kicked his ankle.

Both men were out on Billinge Hill when a man, who is not named in the panel's report, told detectives he was running shortly before 5.45pm when his dachshund dog, Max, who was off his lead, ran between legs causing him to “almost lose his balance”.

The jogger says he shouted towards PC Bate and then the officer allegedly “chased after” him and “grabbed his shoulder whilst shouting and swearing saying words to the effect of “I will f*****g knock you out” and repeatedly stated that he would “flatten him”.

READ > Man to face trial over allegation of assault

When the jogger told the officer to “move away from him” he “kicked him in the left ankle”, leaving a “small cut”.

The jogger then took a picture of the officer and called the police.

The officer then said words to the effect of “get off the phone to the police and stop wasting their time”.

The jogger only later learned PC Bate was a police officer “after he posted the photo on Facebook”.

PC Bate was off duty at the time of the incident (Image: Stock)

The panel wrote: “Something sufficiently serious must have happened to cause (the jogger) 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 (the jogger) did not make it all up.”

Ms Nash, on behalf of PC Bate, submitted that the “officer’s misconduct was confined to a single episode of brief duration” and “what happened was in the heat of the moment and it is very unlikely to be repeated”.

PC Bate's behaviour 'a moment of madness'

Constable Bate was found to have breached the standards of professional behaviour, namely “Discreditable Conduct” but was not dismissed from his job.

A final written warning will be in place for a two-year period.

The Panel fund that PC Bate, who had not faced acted disciplinary action before had "acted out of character".

The report concluded: "The Panel finds that it is unlikely that PC Bate will repeat his behaviour because it came out of a moment of madness."

PC Bate's conduct was 'far below standards we expect'

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."