By Martin Bentham London Evening Standard

The police officer whose baton strike and push led to the death of Ian Tomlinson was today sacked after being found guilty of gross misconduct.

A disciplinary panel ruled that Pc Simon Harwood, 45, had breached its professional standards through his “unnecessary and disproportionate” use of force against the newspaper vendor during G20 protests in April 2009.

The Met officer, who was suspended on full pay, was dismissed but will keep his police pension. Mr Tomlinson’s family denounced today’s decision as a “whitewash” as the panel will not investigate whether Pc Harwood’s conduct caused or contributed to his death.

The father-of-nine’s widow, Julia, and his two stepsons walked out of the hearing room at Earl’s Court in distress. In a statement outside, the family said they felt “cheated”.

An inquest ruled that Mr Tomlinson had been unlawfully killed but at a criminal trial this year Pc Harwood was acquitted of manslaughter.

That prompted the Met to convene today’s disciplinary hearing, which is the first in its history to be held in public. Announcing its verdict, its chairman, Commander Julian Bennett, said that Pc Harwood’s baton strike and push were in breach of the force’s rules on proportionate and reasonable force and added: “This behaviour amounted to gross misconduct.”

It also found that Pc Harwood had broken the Met’s rules on “discreditable conduct” and “authority, respect and courtesy” in a series of breaches which together amounted to gross misconduct.

The decision came as his lawyer admitted that it was “quite impossible” for the Pc to remain in the police. In evidence, Patrick Gibbs QC, revealed that his client had already offered to resign twice.

Mr Gibbs said Pc Harwood also admitted that he was guilty of gross misconduct and that his “unnecessary” actions in striking and pushing the news vendor to the ground had brought “discredit” on the Met.

Sitting slightly hunched behind his lawyers, the officer listened as details were read out of the gross misconduct charge, accusing Pc Harwood of breaching the force’s standards by striking Mr Tomlinson with his baton and pushing him to the ground in “dangerous actions” which “inadvertently” caused or contributed to his death. Commander Bennett added that the officer’s misconduct was “so serious that dismissal would be justified” before asking Pc Harwood whether he admitted that he was guilty of the gross misconduct charge.

Mr Gibbs said the officer rejected the “gratuitous and provocative” allegation that his actions had caused Mr Tomlinson’s death, saying that this amounted to an attempt to “provoke a retrial” on a manslaughter charge for which he had been acquitted.

Mr Gibbs said that, with the benefit of hindsight, Pc Harwood, of Carshalton, Surrey,  would have used “no force at all” if he had known about the state of Mr Tomlinson’s health.

Mr Tomlinson, who was an alcoholic and had slept rough for a number of years, managed to walk 75 yards before he collapsed and later died from internal bleeding shortly after his clash with Pc Harwood.

For more on this story go to:

http://www.standard.co.uk/news/crime/ian-tomlinson-riot-death-pc-simon-harwood-is-sacked-by-the-met-8144184.html