Inspector used 'unreasonable' force on driver

PA Media A close-up of the side of a police car, which is coloured white with blue and yellow panels, a Lincolnshire Police logo and the word "police" written in large capital letters. PA Media
A panel found Jonathan Mellor would have been dismissed for gross misconduct had he not already retired

A former inspector of Lincolnshire Police who punched a man while on duty would have been dismissed if he had not already retired, a hearing has concluded.

Jonathan Mellor, who is in his 50s and had more than 30 years' service, was found to have used "unnecessary" and "unreasonable" force during an altercation with Shane Price on the A46 between Newark and Lincoln on 26 May 2021.

Mr Mellor, who was stationed at Grantham, told a police misconduct hearing that he punched Mr Price as a "distraction technique" before pinning him to the floor.

But following the two-day hearing held at Bishop Grosseteste University, a panel found Mr Mellor's actions amounted to gross misconduct.

'Increased agitation'

Mr Price asked Mr Mellor to pull over at around 21:15 BST, before claiming the officer had taken photos of him while driving.

Mobile phone footage was shown at the hearing taken by Mr Price's partner, who was in the passenger seat of his van and began recording as both vehicles pulled into a slip-road.

Mr Mellor, who was in his own car and on shift as a duty inspector, was wearing a black civilian jacket over his police uniform.

After an initial conversation, Mr Mellor was seen to push Mr Price as they moved on to a grass verge at the side of the road.

Liz Briggs, representing Lincolnshire Police, said the men appeared to "grapple with one another" with Mr Price heard to be stating repeatedly, "what are you doing?".

Hunter Gray, representing Mr Mellor, said a punch to Mr Price's face and a stamp to his foot were a "recognised distraction technique" to "take control of Mr Price" due to his "increased agitation".

'Distraction strike'

Mr Mellor denied taking any photos of Mr Price and said his actions were to "create a space where I'm in control of him and out the way of traffic".

Referring to the punch, he said: "If I'd have punched him with my full force I would have knocked him out."

He added: "I'm going for the red area, the face, but I'm mitigating that as a distraction strike."

The video footage also showed Mr Mellor using strong language to tell Mr Price to stay where he was and threatening to "put you down".

Ms Briggs said Lincolnshire Police believed the officer "had no reason" to use the force that he did and it amounted to discreditable conduct.

'I'm the victim'

Giving evidence, Mr Mellor said he saw the yellow van driven by Mr Price "meandering across lanes" before he overtook it.

When asked by Ms Briggs about the appropriateness of his actions in detaining Mr Price, Mr Mellor said: "I do believe it was a reasonable use of my powers.

"I feel I'm the victim here. I'm not the aggressor or the offender."

He said he accepted he "should have driven further down the slip road and stopped in a different place" as it might have been a safer option.

'Easily avoided'

Jennifer Ferrario, the legally qualified chairwoman of the panel, said the panel found that Mr Mellor's actions in punching and stamping on Mr Price, as well as restraining him on the ground, were "entirely unnecessary, unreasonable and disproportionate".

The panel also found that the threatening and abusive language used by Mr Mellor was "entirely unjustified".

"The level of force used had been unjustified and could have been easily avoided," Ms Ferrario said.

"There was no reason for Mr Price to have been taken to the ground and restrained as he was."

Mr Mellor "demonstrated inability in the circumstances to control himself" and there had been "no evidence of accountability" or "offer of apology" by him, she added.

Mr Mellor retired from the force in July 2022, but would have been dismissed if he had still been serving.

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