Exeter policeman fined three days' pay for posting crude messages

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."