Police officer failed to stop woman having sex with him in car despite it being 'last thing he wanted', misconduct hearing told

By Adam Postans, Local Democracy Reporter

19th Aug 2022 | Local News

A police officer failed to stop a drunken woman having sex with him in an unmarked car despite it being "the last thing he wanted", a misconduct hearing was told.

Ex-Sgt Lee Cocking, who retired from Avon & Somerset Police last month on medical grounds, could have easily put an end to her unwanted advances but instead tried to persuade her even after she took her pants and trousers down, straddled him and unzipped his flies, the panel heard.

Barrister Mark Ley-Morgan, representing the force, said in his opening statement to the misconduct hearing on Thursday, August 18, that the officer offered the woman a lift home while on duty after she was thrown out of Skinny Dippers nightclub in Weston-super-Mare in the early hours of Christmas Eve, 2017.

In a police interview a few weeks later, Mr Cocking said: "I didn't consider her to be drunk," the panel was told.

Mr Ley-Morgan said: "Why is an acting inspector, who was effectively overseeing the officers dealing with the night-time economy, taking home a female who is not particularly drunk?

"As far as I know, Avon & Somerset Police does not run a taxi service."

He told the hearing that the officer had insisted in his statement that he was trying to be polite in trying to stop her advances in his unmarked constabulary Vauxhall Astra, saying, 'No, I can't, I'm working, I'll get in trouble. Just give me your number, I'll call you tomorrow'.

The barrister told the panel: "There is no dispute sexual activity took place.

"Mr Cocking says 'She literally jumped on me' in the driver's seat.

"This is an experienced police officer.

"One would have thought he would have no difficulty whatsoever fending her off.

"There is no evidence she has any kind of superhuman strength.

"How would she be able to remove his penis from his underpants if he did not want her to do that?

"She was successful, although it was the 'last thing he wanted', he says.

"Why doesn't he just shove her off if it's the last thing he wants?

"He is behaving in an extraordinary way.

"He doesn't try to stop her physically, he tries to talk her out of it, to have a rational conversation. It is incredible."

 The panel heard the woman had fallen off a stool and had "swung punches at people" before being ejected from the night spot.

PC Louise Arthur, now a sergeant, who was first on the scene, had described her as an "angry drunk – argumentative and fighty", the hearing was told.

The officer agreed with Mr Cocking's barrister Ray Tully that his arrival on the scene was like "the cavalry turning up" because the woman had been so unpleasant and had to be prevented from going back to Skinny Dippers to "sort it out".

Earlier, Legally Qualified Chair Anna Vigars rejected an application by Mr Tully to dismiss the case on the grounds that a fair hearing was impossible because the woman involved in the incident had refused to take part in the proceedings.

Ex-Sgt Cocking is accused of breaching standards of professional behaviour for police officers in relation to honesty and integrity and discreditable conduct, which could amount to gross misconduct if proven.

He was acquitted of a criminal charge of misconduct in a public office by a jury at Gloucester Crown Court last year.

     

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