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Manchester Evening News
Manchester Evening News
National
John Scheerhout

CCTV shows 'fed up' cop drive away from A&E with the door open, leaving student who grabbed hold of vehicle with severe facial injuries

CCTV shows the moment a cop 'fed up' with a student's repeated complaints drive off with his van door open - leaving the arrested man, who grabbed hold of the vehicle, with severe facial injuries.

PC Daniel Gaffney put the accelerator down knowing the passenger door of his van was still open, a disciplinary hearing has concluded.

The 'potentially vulnerable' suspect he had arrested earlier that night after he had been thrown out of a nightclub - Kaide Saeger - was standing between the open door and the van, and was speaking to PC Gaffney's colleague in the passenger seat as the van suddenly moved off.

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CCTV footage obtained by the Manchester Evening News - shown during the hearing - shows Mr Saeger running alongside the van for seven seconds after inexplicably grabbing hold of the moving vehicle, falling onto his face after it had topped 20mph.

Instead of stopping and checking on the man, PC Gaffney continued to drive away from the scene and only returned later to carry out a 'very cursory' check before continuing with his night shift, the disciplinary panel ruled.

Now the officer has been sacked after the three-day disciplinary hearing concluded he was guilty of gross misconduct, including a finding that he had tried to cover up from his bosses that the passenger door had been open.

The drama unfolded on an access road outside the A&E department of Manchester Royal Infirmary shortly after 3.30am on April 27, 2018.

The officer was accused of driving off - not because he wanted to hurt Mr Saeger, but because he was 'fed up' as the student was 'grumbling and moaning and causing a nuisance' following his arrest earlier that evening, the tribunal has heard.

He admitted it was 'reckless and dangerous', but insisted he was unaware the door was open as his view was obscured by a fellow officer in the front passenger seat who had been talking to 'intoxicated' Mr Saeger.

This account has been dismissed by the disciplinary panel.

Mr Saeger had been arrested on suspicion of breaching the peace after he called 999 earlier that night. He had been thrown out of a nightclub in Fallowfield and had threatened to 'smash the place up', the tribunal was told.

It was alleged at the hearing that Mr Seager, who was said to have repeatedly told officers he was the secretary of UKIP's Manchester branch, had threatened during the call to burn down the nightclub and 'do it with a lighter'.

He had complained that 'Islamic bouncers' had kicked him out of the venue because he is white, the disciplinary panel was told.

He declined to appear at the hearing.

PC Gaffney decided to de-arrest Mr Saeger after hearing he had suffered a family bereavement. But the student alleged he had suffered a head injury when he was 'thrown into the back of the van' and he asked to be taken to hospital, the tribunal was told.

Student Kaide Saeger talking to a police officer through the open passenger door of a police van outside A&E at Manchester Royal Infirmary. Moments later the driver, PC Daniel Gaffney, drove the van away while the door remained open (MEN)

The officer instead drove him to the MRI with a rookie officer, PC Mohmmed Farooq, also with him in the van, because of concern for his welfare.

PC Gaffney said he was shocked to see Mr Saeger on the ground in his wing mirror as he drove away to deal with other calls. He admitted he 'panicked' and continued for a short distance to find a spot where he could turn the van around before returning.

He said he saw the man from the rear walking towards A&E and that he did not appear injured.

The student is said to have suffered 'life-changing' facial injuries.

On Wednesday, chairman of the panel Paul Forster ruled the student had been 'difficult and obstructive' and 'drunk', and his behaviour 'could be described as odd', although he was also 'potentially a vulnerable person'.

Mr Forster said: "The panel concludes that PC Gaffney decided to drive off knowing that the passenger door was open. He would not have anticipated the complainant would grab hold of the door and run alongside the vehicle."

He recalled the evidence of PC Farooq who had said the move to grab the vehicle 'made no sense'.

Mr Forster said: "The complainant undoubtedly contributed to what happened to him. Almost anyone else would not have grabbed the door and would have let the van drive off."

Kaide Saeger (circled in red) after PC Daniel Gaffney had driven away from the A&E of Manchester Royal Infirmary in his police van (MEN)

The chairman noted how another police officer stationed at the hospital heard the revving of a diesel engine and saw the van driving off with the door open, with a man running alongside it. The witness said the man fell 'extremely hard face first' as the van continued to drive away.

Mr Forster said: "The panel finds that PC Gaffney had the opportunity to stop the police van and should have done so as soon as he became aware that the door was open and that the complainant was holding onto the vehicle and when he saw him on the ground."

He went on that the officer's claim that there was an on-coming ambulance 'was not supported by the evidence'.

The chairman noted that the officer now accepts he should have gone to check the student and he described the cop's return moments later after turning the vehicle later as 'very cursory'.

PC Daniel Gaffney (STEVE ALLEN)

The officer did not alight from the van and drove away again to continue his shift that night although he did report an incident to his superiors, the tribunal has heard.

Mr Forster said PC Gaffney 'did not hold his hands up and admit he had made a mistake', and failed to inform three more senior colleagues the van door had been open. He also failed to record that the door was open in an entry on the police computer log.

The panel dismissed the officer's claim that he had been 'distracted' due to other police work that night. He had not been 'directly' involved in a rape investigation he had cited and by the time he attended a suicide in Northenden at 5am he had already made his misleading entry on the computer log about the incident at the MRI, the panel found.

Mr Forster said: "The panel finds PC Gaffney deliberately misled his supervising officers and gave a dishonest account of what happened outside the hospital."

He ruled the officer was guilty of 'gross misconduct'.

His barrister, Richard Littler QC, argued the married officer, a father, had served almost 21 years and should not be sacked.

Kaide Saeger (circled in red) after PC Daniel Gaffney had driven away from the A&E of Manchester Royal Infirmary in his police van (MEN)

During the fours years his client had been suspended, Mr Littler said the PC had endured 'multiple medical appointments' and was on medication for depression, insomnia and anxiety. The officer had received counselling, the panel was told.

The QC said his client had lost £57,000 in overtime during his suspension and had receiving 'glowing' references.

He described the behaviour of the complainant as 'bizarre' and argued dismissal would be 'disproportionate' as it would mean the loss of 'an otherwise excellent officer whose intention throughout his career has been to protect the public'.

The barrister continued: "The actions were borne out of frustration and a lack of judgement as opposed to him wanting to hurt the complainant."

But the panel decided the case was so serious the officer had to be sacked.

The chairman, Mr Forster, said the panel shared the officer's own view that his behaviour was 'reckless' but went on that PC Gaffney had also 'chosen to cover up key facts by providing misleading accounts' afterwards.

PC Daniel Gaffney (STEVE ALLEN)

He said: "He failed to provide an accurate, honest report of the incident which prejudiced the investigation. Honesty and integrity are fundamental requirements of any police officer the lack of which causes great harm to public confidence in the police service."

He concluded: "PC Gaffney is clearly trusted and respected by his colleagues and others. This makes what happened a tragedy for him and his family. If the officer's conduct had been limited to driving off and he had stopped and checked on the complainant, if he had admitted his mistakes immediately it's unlikely he would be here."

Describing the encounter with Mr Saeger, during his evidence to the hearing PC Gaffney said: "The situation was getting more and more bizarre between the complainant and PC Farooq.

"PC Farooq was asking him to go home and to move away from the van. The complainant was saying something along the lines of 'if I don't what are you going to do?'

"I was obviously sat there monitoring and listening to what's going on."

He continued: "He was getting more heated. The complainant became more erratic and more irrational."

PC Gaffney went on to allege: "He was saying 'I want to get arrested, I've got nowhere to go home to'.

"He would go from being upset and then aggressive to irrational. There were racial undertones being made. The whole time the officer was trying to get him on a level playing field and focused."

He said his view of Mr Saeger 'wasn't great' as it was obscured by PC Farooq in the passenger seat.

CCTV footage played at the tribunal showed the driver's door opened briefly, but then being closed again without anyone stepping out.

PC Gaffney said he had wanted to step out to arrest Mr Saeger for wasting police time, but changed his mind when he heard other jobs coming in on his police radio.

The officer said: "I leaned forward and looked to my left where the complainant was. I said 'other jobs are coming in, you are going to have to go now'. I looked towards PC Farooq and said 'let's go'.

"PC Farooq has turned towards the vehicle door. At that point I have had some manner of indication that the van door has been closed and it's safe to go.

"I presumed at that point he had closed the door. I don't know whether I have heard some slight bang that the door was closed. I wrongfully presumed the door was closed. Obviously it wasn't.

"In hindsight, it was a massive error of my judgement, but at the time I genuinely believed that the door was closed."

PC Gaffney accepted that driving away with the door open was 'obviously dangerous'.

He went on: "I have personally never been in that situation before. I've been driving 24 years and never had any points on my licence. Not only are you putting in jeopardy the complainant, but a young officer in PC Farooq."

He agreed it was a 'reckless dangerous move'.

Mr Gaffey declined to comment at the conclusion of the hearing.

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