Exeter policeman fined three days' pay for posting crude messages

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Monday, November 17, 2008
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This is Exeter

AN Exeter police officer suspended for 12 months after being accused of posting abusive comments appearing to condone the use of violence on a website, is understood to have been fined three days' pay.

PC Nestor Costa made what police described as "inappropriate comments" on the social networking site Facebook.

The police were informed by the Echo and chief officers said they were taking the incident "seriously", suspending PC Costa and thanking the paper for bringing it to their attention.

A closed hearing into the matter was held at Middlemoor police headquarters, before three senior officers, including Chief Constable Stephen Otter.

Asked about PC Costa's hearing a police spokesman said: "The officer in question has faced a disciplinary hearing.

"The case was proven and the officer was found guilty in relation to his actions being considered as amounting to conduct likely to bring the force into disrepute. He has been fined and will now return to duty."

Simon Wainwright, of Newtown, Exeter, who gave evidence at Tuesday's inquiry and who had seen the Facebook site, said PC Costa, who earns around £29,000 a year, was "fined three days without pay".

PC Costa posted the comments on Facebook in October, 2007, in response to video clips of people being restrained and arrested by police officers.

Above a clip showing a youth pulling a knife on an officer in a Devon custody suite, before being restrained, the officer wrote: "look at this stupid c***, hope he got a good f***** shoeing in the cells."

Then, perhaps as a warning to fellow officers, he adds: "And remember, let's not be so soft on these c***s out there."

Commenting on a video showing a large woman resisting arrest and eventually being pinned down by several officers, he, says: "Another crazy c*** wanting to have a go!!!"

After the Echo contacted the police, Devon and Cornwall Constabulary's professional standards department launched an internal inquiry and the webpage was removed from public view. The police said they had only recently advised staff of the high standards of behaviour expected of them when they were identifiable as members of the force when using networking websites.

Assistant Chief Constable Bob Pennington said: "I am grateful that this incident has been brought to our attention.

"We are aware that a video clip with inappropriate comments was posted on to the Facebook social networking site by a serving police officer.

"Needless to say, we are now carrying out a thorough internal investigation and appropriate action will be taken. We take matters such as this seriously.

"As soon as we became aware of this incident we took steps to have the item removed and it is no longer on public view. I would like to reassure our community that as an organisation we endeavour to provide and demonstrate the highest of standards and I apologise in advance for any concern this may have caused."

The force's professional standards department was the first in the South West to start monitoring social networking sites in order to curb inappropriate usage by staff.

Andy Robertson, the disciplinary liaision officer from the Police Federation who represented PC Costa, said new regulations should speed up disciplinary hearings in future.

He said: "They are looking to turn around disciplinary hearings from the time the notice is issued to 30 days. Whether that is achievable or not remains to be seen.

"PC Costa's hearing was a misconduct hearing, at which he pleaded not guilty. There were legal arguments and there was legal representation provided for both sides."

He added: "It was a considerably complex case. There was a particularly thorough examination of evidence and I believe the findings on the whole were proportionate to the offence that was proved.

"During his mitigation, PC Costa was clearly sorry for his actions. He realises his naivety and realises he should have taken greater steps to ensure what he was doing was more secure. Hopefully this is a lesson learned."

Matthew Huddleson, an employment law specialist for Foot Anstey in Exeter, said: "It is difficult to say what sanctions should have been placed as there may have been mitigating circumstances which we are not aware of.

"But posting items on Facebook, or web-blogging, is an increasingly difficult area. You might post something on the internet which you think is only visible to your friends, but it may then be seen by others and bring your profession into disrepute.

"In these circumstances, depending on what was posted, this could be viewed as severely as gross misconduct."

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21 Comments

  • Profile image for This is Exeter

    by Colleague, Heavitree Road, Exeter

    Tuesday, November 18 2008, 7:31AM

    “Am thrilled to see so many messages of support for PC Costa. I am disgusted with the Echo's covering of this story but definitely not surprised - it would be nice if our local paper genuinely wanted to report on local events rather than sensationalise non-news stories in the interest of selling more papers.

    PC Costa is a great Police Officer and a great bloke. I have no doubt that this story genuinely will be tomorrows chip paper and that he will return to work and continue building his wonderful career as a committed, capable and respected Police Officer.”

  • Profile image for This is Exeter

    by I will no longer be buying the Echo., Tiverton

    Tuesday, November 18 2008, 12:18AM

    “Dear Editor,
    I think that your coverage of this story is absolutely awful and you should be ashamed of yourselves. Everyone including Police Officers should be allowed an opinion, especially when it was supposed to be private. We have freedom of speach in this country. The comment was not meant obviously for public viewing and I'm sure Sir that you have made plenty of comments that you would not wish to be on the front page of your paper! You have successfully tried to ruin the career of this well respected officer and I believe that you owe him a public apology after this terrible bit of so called reporting. There are murder's, drug dealers and child abusers out there and you choose to make this your front page, the destroying of a Policeman's hard built up career, what a joke your paper has turned in too. I hope your proud of yourselves. What a waste.”

  • Profile image for This is Exeter

    by a friend and colleague., Middlemoor Exeter

    Monday, November 17 2008, 11:02PM

    “This is the first time I have ever been compelled to write to any newspaper but my disgust at the manner in which this has been reported has forced me to do so.

    It is apparent from the majority of the comments posted here that PC Costa has the support of the Exeter community but apparently not the newspaper that supposedly serves the same community. I do not condone what PC Costa did but feel that the way in which it has been dealt by yourselves with is despicable and shames the persons responsible.

    In reporting this matter in the manner in which you did you have made the streets of Exeter that little bit more dangerous for it's public to walk. I would suggest, nay. implore that in the interests of balanced journalism that the person(s) responsible for this 'scoop' volunteer to accompany PC Costa's colleagues to see what they, serving the public, put up with every Friday and Saturday night on the High Street in Exeter.

    Is this going to happen? No, not likely, because you value your own safety and the persons who gain from this one sided article would be the same persons attempting to hurt or injure PC Costa and his colleagues. I would like to convey my best wishes, via this letter to PC Costa and hope that the rest of his career be trouble free but in the world we live in I doubt that.

    The Police have the full support of the decent members of the public, and it's members would not want it's Police Officers to be vilified in such a manner but would rather see the same gusto be directed at the persons commiting crime daily and spoiling inner city centres for law abiding citizens.

    I suggest that the Editor apologise to PC Costa and the rest of the members of Devon & Cornwall Constabulary, all of whom have been harmed by this article.

    I hope that these letters are printed to show the depth of support.”

  • Profile image for This is Exeter

    by June Player, Bath

    Monday, November 17 2008, 10:38PM

    “Although I'm not into the language used by this policeman I would rather THAT than the knife pulling episode that he was commenting on! His remarks should have been removed or the offensive words blanked out rather than all the time, effort and money that has been put in to this police investigation. This amount of 'concern' should be put in to the truly serious matters such as that of poor Baby 'P'.”

  • Profile image for This is Exeter

    by Jess, Exeter

    Monday, November 17 2008, 9:39PM

    “The world has gone mad. PC Costa I hope this does not affect the good work you are doing. Get back in there and walk tall the people are with you.”

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