Two former Metropolitan Police officers have been handed their jobs back and will receive back-pay after winning an appeal against a ruling that they lied about smelling cannabis during a stop and search of British athlete Bianca Williams and her partner.
Former Met Police Pcs Jonathan Clapham and Sam Franks were dismissed in October last year after a disciplinary panel found they lied about smelling the drug when they pulled over Olympic sprinter Ricardo Dos Santos and his partner Williams on July 4 2020.
The police had followed the athletes as they drove back from training to their west London home with their baby son, then three months old, in the back seat of their Mercedes.
On Friday, the disciplinary panel finding was overturned by the Police Appeals Tribunal which found the original decision was “irrational” and “inconsistent”.
Former Pcs Clapham and Franks were “dedicated, hard-working and much respected officers” whose reputations have been “ruined” by the original findings, Appeals Tribunal chairman Damien Moore said.
Speaking after the hearing, Mr Dos Santos said he now planned to challenge the outcome of the “disappointing” decision in the civil courts.
Reading the decision of the panel, Mr Moore continued: “Both officers did not lie. Both officers will now be reinstated to the Met Police.
“They should receive back-pay.
“The evidence was not good enough or strong enough to allow such a devastating conclusion,” the panel of two men and one woman concluded.
During the 2023 disciplinary hearing, the IOPC suggested all four officers at the scene had lied about smelling cannabis, but the panel upheld the allegations only against Pcs Clapham and Franks.
Mr Moore continued: “It was irrational to conclude that two officers were telling the truth, and two were lying.
“Being a police officer is a difficult job.
“Being a police officer in London brings about its own set of unique challenges.”
Officers such as Clapham and Franks are in the “media and public spotlight”, he added.
“The last four years have been difficult for all parties concerned,” he continued.
“We wish Mr Dos Santos and Ms Williams all good fortune.”
Responding to the ruling, the Metropolitan Police Federation said it represented “yet another damning indictment of the Independent Office for Police Conduct”.
On Thursday the Police Appeals Tribunal hearing was told the original decision had been “inherently unreasonable”.
Hugh Davies, representing Clapham, said the officers had “every reason to suspect criminality” when they pulled Dos Santos over.
Mr Davies said another officer at the scene had smelled cannabis, but was not found to have lied.
During the incident, officers handcuffed the couple and they were searched on suspicion of having drugs and weapons, but nothing was found.
The force came under heavy criticism after footage of the stop was posted on social media, showing a distressed Williams who was concerned about being separated from her baby.
Rick Prior, chairman of the Metropolitan Police Federation, said: “Justice has been served. Why it ever got to this point however remains an absolute mystery.
“Pc Jonathan Clapham and Pc Sam Franks have today been fully exonerated and their reputations have rightly been restored. We are delighted for them.
“But this result is yet another damning indictment of the Independent Office for Police Conduct.
“Who holds them to account for what was a political witch hunt against two hard-working police officers? Our colleagues have been dragged through hell and back for four years. For doing nothing more or less than the job the public of London expect us to do.
“Londoners would want officers to act when they saw such behaviour on our roads… and it remains astonishing that officers lost their jobs for doing their job.”
In the wake of their dismissal, an online appeal raised more than £150,000 for the officers.
In a statement after the hearing, Mr Dos Santos said: “The appeal decision is disappointing.
“Our drive home from training in 2020, with our baby, should never have turned into a violent incident where we were wrongly accused of smelling of drugs.
“We are professional athletes, we pride ourselves on not doing drugs.
“The actions and allegations of the officers were completely unacceptable.
“The IOPC were clear that all four officers lied.”
He added: “We shall challenge today’s outcome in the civil courts.”
An IOPC spokesperson said: “We note the outcome today of the officers’ appeal and await the written decision by the Police Appeals Tribunal.”
Jules Carey of Bindmans LLP, which represents Ms Williams and Mr Dos Santos said: “It is unsurprising that the decision of the Misconduct Panel was overturned.
“The panel got itself into a complete mess as soon as they settled on the bizarre view that the streets of London smell of cannabis.
“The complaint system has failed again and it will be for the civil courts to address this result”.
Metropolitan Police Deputy Assistant Commissioner Jon Savell said: “We know this has been an overly lengthy and horrendous process for Pc Clapham and Pc Franks, as well as their families and colleagues.
“The original, independently chaired panel found the officers were dishonest, which the tribunal has now overturned as irrational.
“We also recognise the impact this case has had on all involved and have previously apologised to Mr Dos Santos and Ms Williams for the distress caused during this incident.”
