Dashcam footage from Radstock road rage incident which cost police officer his job is released

By Susie Watkins 9th Mar 2020

Dashcam footage has been released of the road rage incident in Radstock which would cost an Avon and Somerset Police officer his job.

The video shows a confrontation between then-PC Keith James and driving instructor Michael Lee as they exchange accusations of bad driving.

The officer, a divorced father-of-two, was accused of operational dishonesty after it was found his official account of the incident was significantly different from the dashcam recording.

A misconduct panel sitting at the force HQ on February 26 heard the consequences for Mr Lee could have been "devastating" if his video had not been available but he was ultimately acquitted in court for careless driving.

PC James was dismissed without notice.

Footage from the incident in 2018 shows him in his VW Golf – off duty but on his way to work in Frome – pulling out in front of Mr Lee onto the A367, forcing him to slow down and prompting him to flash his lights at him.

Further down the road, Mr Lee beeps his horn at the officer and tells him to "get out of the way" as they approach a roundabout.

It is barely visible on the video but PC James gives the driving instructor the middle finger. Mr Lee then takes the "split-second" decision to change course, follow the officer out of Radstock and overtake him.

After the manoeuvre, PC James repeatedly flashes his lights, beeps his horn, holds up his warrant card and indicates for Mr Lee to pull over.

They turn down a side road, when PC James announces he is a police officer and tells Mr Lee has been "speeding, overtaking where he shouldn't be and displaying L plates when you're not a learner driver", adding: "Very poor driving. I'm taking your registration. I'm on my way to work now."

Mr Lee says: "You caused road rage. I've got your car on camera pulling out on me, not building to speed, causing me to slow down.

"I've got you on dashcam as a terrible driver, and for cutting me up on the roundabout, overlapping my lane.

"And you did a hand signal. You did a hand gesture."

He asks if PC James was going to Frome and tells him: "I've got friends in Frome, don't worry."

The misconduct panel heard PC James' official account of the incident was significantly different to the dashcam footage.

Initially he was the investigating officer in the case, and chose not to seize the video. The panel said that was "entirely inappropriate".

Representing Avon and Somerset Police, Mark Ley-Morgan said PC James "fabricated his account" to give a "false impression of what he had done".

He told the hearing: "PC James took exception to being flashed. The red mist descended.

"What would have happened if there hadn't been any dashcam footage? It would have been Mr Lee's word against a police officer. The consequences could have been devastating.

"Mr Lee's livelihood was at risk. He has two young children.

"PC James abused his position and failed to act honestly."

Mr Ley-Morgan said the findings amounted to operational dishonesty, and that would "reflect very badly" on Avon and Somerset Police.

He said it was vindictive and unnecessary for PC James to report Mr Lee to professional body the Driver and Vehicle Standards Agency before he had even appeared in court.

Alex Lock, who chaired the misconduct panel, said: "There were numerous points between the incident and Mr Lee's court appearance for PC James to reflect on his actions.

"Harm will most likely be done to the reputation of the constabulary.

"We have found an officer who embellished evidence in relation to a member of the public, which resulted in that person being prosecuted, with the risk he may be convicted and lose his livelihood.

"There was potential for great harm to be done.

"We have little doubt the public would have a negative perception of PC James' conduct and it may undermine their trust in the police service.

"While we have considerable sympathy for PC James' personal circumstances, following a divorce and being a provider, we concluded that summary dismissal is appropriate."

The incident was investigated by the Independent Office for Police Conduct.

Regional Director Catrin Evans said: "There were a number of inconsistencies in PC James' account of the incident when compared with the dash cam footage.

"It was clearly unreasonable for PC James to act as investigating officer when he was the supposed aggrieved party and for him to contact the DVSA. The panel found his actions fell below the professional standards expected of a police officer.

"Behaviour such as this has a detrimental effect on public confidence in the police service and could have cost the driving instructor his livelihood."

     

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