Police Commissioner Considers Reinstating Suspended Chief Due to Investigation Delays

A police commissioner has indicated a potential move to reinstate a chief constable, who was suspended following sexual offence allegations, citing prolonged delays in the investigative proceedings. Alison Hernandez, the police and crime commissioner for Devon and Cornwall, conveyed to the BBC her “fed up and frustrated” sentiment regarding the delays, which she deemed “unacceptable.” Chief Constable Will Kerr’s suspension occurred in July 2023, initiated after the Police Ombudsman for Northern Ireland commenced an inquiry into “serious allegations of sexual offences” that reportedly took place before his tenure with Devon and Cornwall Police. Mr. Kerr refutes these allegations and has previously denied any claims of criminality. The Public Prosecution Service for Northern Ireland (PPSNI) stated its disagreement with the assertion that any avoidable delay in the investigation was attributable to its personnel. Ms. Hernandez remarked that Mr. Kerr, who has neither been arrested nor charged with a criminal offense, was “either arrestable for an offence or not.” She informed the BBC: “If [the PPSNI] haven’t written to me by December, I’m at the point now where I might even say: ‘Do you know what? I’m going to bring him back’ – because this is unacceptable, the levels of delays.” She continued: “That’s my threat to my office, that I’d like to do that because I’m so fed up and frustrated with what’s happening and the time it’s taken.” Despite her expressed frustrations, she acknowledged that the “right procedures” for reinstatement might not be in place, as Mr. Kerr could potentially be subject to a misconduct process “separate from a criminal one.” A spokeswoman for the PPSNI confirmed that a file received from the Police Ombudsman for Northern Ireland on 30 May 2024, concerning an individual and allegations of serious sexual offences, was at an “advanced stage of consideration.” She further stated: “However, we continue to engage with investigators and await further information from them before a decision as to prosecution can be taken.” The spokeswoman elaborated that the PPSNI’s function is to make independent and impartial prosecution decisions. She added: “We do this by applying the Test for Prosecution, which can only be met if the available evidence provides a reasonable prospect of conviction and prosecution is in the public interest. “In line with our statutory role, all decisions are taken without fear or favour and are completely free from any other consideration or influence.“The case has been dealt with expeditiously upon receipt and it is not accepted that there has been avoidable delay on the part of PPS [Public Prosecution Service].“A decision as to prosecution will be issued as soon as the consideration is complete. “We will continue to engage with relevant parties including Ms Hernandez when appropriate as this process continues.”