Dalian Atkinson: Police officer convicted of ex-footballer’s manslaughter kept his job despite gross misconduct

Benjamin Monk remained in post with West Mercia Police in 2011 after being found to have breached required standards for honesty and integrity, court hears

West Mercia Police constable Benjamin Monk leaves Birmingham Crown Court last week (PA)

A police officer convicted of the manslaughter of former footballer Dalian Atkinson kept his job despite having been found guilty of gross misconduct years before the killing.

Benjamin Monk remained in post with West Mercia Police in 2011 after being found to have breached the required standards for honesty and integrity when he failed to mention two cautions on his application to join the force, Birmingham Crown Court was told.

The trial earlier heard how in 2016, Monk tasered Atkinson to the ground with a 33-second deployment of the weapon, and then kicked him twice in the head while he was on the ground.

The 48-year-old retired footballer was rushed to hospital following the incident in Telford, Shropshire, but died after suffering a cardiac arrest.

Monk was last week cleared of murder but convicted of manslaughter. The officer, who denied both charges, said he could only recall aiming one kick at Atkinson's shoulder outside the former Aston Villa, Sheffield Wednesday and Ipswich Town star's childhood home.

A judge who is due to sentence Monk was told on Monday that two cautions issued to him in 1997 and 1999 – for theft from a shop during a summer holiday job, and for being found drunk – were not disclosed on his application papers in 2001.

Alexandra Healy QC, prosecutor, told the court: “Mr Monk was cautioned for theft from a shop as an employee – he was employed at the time at Woolworths in 1997.

”There was a further caution in 1999 for being found drunk.“

The court was told the warnings were not recorded on a computer system because of policies at the time for dealing with spent cautions.

Speaking before Monk was remanded in custody as sentence was adjourned until Tuesday, Ms Healy said: “When he applied to join the police in 2001 he did not disclose the existence of those cautions.”

The court heard Monk did disclose one of the cautions on a vetting form issued “during the course of his role as a police officer” in 2010.

Ms Healy added: “At that stage he did disclose the theft caution, which led to the discovery of both of the cautions.”

Monk was found to have committed gross misconduct, breaching standards for honesty, and was given a final written warning following the disciplinary proceedings.

But judge Melbourne Inman QC said the cautions were of no relevance “in the circumstances of the case” and he would treat the officer as being of previous good character when he is sentenced.

The judge adjourned the sentencing of Monk until Tuesday and remanded him into custody, saying he wanted time to consider the evidence before passing sentence, after earlier hearing victim impact statements from Atkinson's family.

Additional reporting by PA