A POLICE officer is facing prosecution and he and four colleagues could lose their jobs over the "Plebgate" row.
Pc Keith Wallis is accused of misconduct in public office over claims he sent an email to the deputy chief whip, John Randall, who was his MP, wrongly claiming that he had seen what happened in Downing Street last year.
A row erupted after then-chief whip Andrew Mitchell became involved in a heated confrontation with an officer after he was refused permission to cycle through the main gate. He admitted swearing but denied a claim he had used the word "pleb".
The Independent Police Complaints Commission (IPCC) said Wallis and four other colleagues will face gross misconduct proceedings over the row, meaning they could face the sack.
Mr Mitchell alleged that he was victim to attempts to "toxify" his career, and stuck by his claims yesterday. However, prosecutors said that there was no evidence of a criminal conspiracy against him, and no conclusive proof that either his account or the officer's of what was said was correct.
The Crown Prosecution Service said there was insufficient evidence to bring charges against the officer at the gate, or a fellow constable who leaked an email giving his account of what had happened. Director of Public Prosecutions Alison Saunders said: "We have considered all of the evidence in this case, including previously unseen, unedited CCTV footage from Downing Street, not referred to by the media. Taking it all into account, including the accounts of the officer at the gate of Downing Street and that of Andrew Mitchell MP before, during and after the incident, we have found that there is insufficient evidence to show that the officer at the gate lied in his account. The CPS has also found that there is insufficient evidence to show that Mr Mitchell was the victim of a conspiracy of misinformation."
Deborah Glass from the IPCC said: "The officer concerned says he was not familiar with the word 'pleb' prior to the incident. His record of the words used was contemporaneous. Mr Mitchell has denied using that word. I do not think this can be proven one way or another."
Prosecutors considered previously unseen CCTV evidence and emails and messages between police and members of the public.
Scotland Yard said that, as well as the five officers facing gross misconduct charges, who will face a hearing over claims of discreditable conduct, honesty and integrity, and/or improper disclosure of information, another three will also face internal action. Two will be subject to "local misconduct" proceedings for allegedly giving inaccurate statements or making inappropriate comments, while another has been recommended for management action for inappropriate comments.
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