A police officer has been sacked after he turned up to work more than double the drink-drive limit and six times the level expected while on duty. PC Jason McGuinness arrived at his shift for the British Transport Police over the level to legally drive a car as well as the amount police officers are allowed to have in their system when at work.
The frontline response officer was expected to attend "life and death situations" but "put the public at risk" by turning up to work drunk, the force said. An accelerated misconduct hearing this week on Monday formally dismissed the cop without notice.
Mr McGuinness chose not to attend the hearing and was not represented. Last October 3, the day of the gross misconduct, concerns were raised about Mr McGuiness state and he was breathalysed.
He blew 0.078 per cent and 0.081 per cent of blood alcohol, far above the driving limit of 0.035 per cent and police’s of 0.013 per cent. A British Transport Police (BTP) said 0.013 per cent blood alcohol, known as the prescribed limit, is "recognised in rail and police regulations as impairing the ability to operate safely in a critical environment”.
A BTP spokesperson added: “Breath alcohol levels above this can be cognitively and physically impairing.” Though Mr McGuinness previously stated he had faced “upheaval in his personal life” he did not explain why he turned up for duty intoxicated on that day.
Gross misconduct was found because the officer, who joined the force in 2016, breached orders and instructions, fitness for duty, and committed discreditable conduct. Chief Constable Lucy D’Orsi of the BTP said after the hearing: “PC McGuinness started his shift as a frontline response officer, where he could potentially be expected to attend life and death situations in dangerous locations.
“He was not just slightly over the alcohol limit, but blew over five times it. In making the decision to report for duty in an unfit state due to excess alcohol, he put himself, his colleagues, and the public at risk.
“This was a serious breach of our standards and values at BTP. It is not acceptable for officers to betray the trust of the public or their colleagues. I have therefore dismissed PC McGuinness with immediate effect.”
During the hearing, Ms D’Orsi said she had “very considerable sympathy” with the ex-cop’s personal circumstances, but there was no evidence to suggest he wouldn’t do it again. Though he didn’t turn up to the hearing he submitted the personal details in a written response to the misconduct allegations.
She added: “I had very considerable sympathy with the officer’s situation. I had no reason to doubt that he has experienced the difficulties. That said, personal mitigation such as this can carry only limited weight when set against the purpose of disciplinary proceedings, which include maintaining public confidence in policing.
“I also noted that none of the matters which are referred to by the officer directly addressed why he attended for duty on the day in question six having consumed alcohol at the level which forms the basis of the allegations which he has admitted. The misconduct was serious. The level of alcohol measured in the officer’s blood was not slightly over the limit for fitness for duty, but several times that limit.
“The decision to consume alcohol at that level, despite knowing that he was due to report for duty, was the officer’s alone. There was no evidence relied on by the officer to suggest that he has committed to addressing the behaviour which led to these disciplinary proceedings.
“I could therefore have no confidence that, were the officer to continue serving, the same problem would not reoccur.
“Taking all the above into account, I considered that the only appropriate outcome in this case was dismissal without notice.”
