How the use of a taser ended two police careers on the Fylde coast after a six-year saga

In August 2017, police officers were called to an apparent domestic violence incident in Thornton-Cleveleys. In reality, the noises which prompted concern were in fact a couple engaging in what would later be described as ‘loud sex’.

But while the initial callout was less problematic than expected, what followed was anything but.

From a man being tasered to two police officers facing a criminal trial and the end of their careers, Jamie Lopez from The Blackpool Lead explains the story of the six- year saga which followed that tumultuous day on the Fylde coast.

‘Hopefully your dog will get run over’

On a summer’s day in 2017, officers working in Lancashire Constabulary’s West Division were called to the home of Steven Pepper and Cheryl Steele, amid concerns over a suspected domestic incident which could be heard coming from the property.

Officers including PC Jon Kelly - then acting up as sergeant - and PC Ellen McLachlan were among those to respond.

While it was concluded the incident hadn’t occurred as reported, the response of Mr Pepper and his girlfriend was acrimonious and led to a decision that Ms Steele should be arrested on suspicion of breach of the peace.

As she was led to a police van, Mr Pepper ran outside after her and was said to have barged a third officer, PC Jacques, out of the way in order to get out of the house.

Across various witness reports, Mr Pepper was described in ways ranging from offering no threat to being angry, abusive and potentially violent.

One way or another, PC McLachlan decided to deploy a taser for the first time in her career, having recently been trained and authorised to use the weapon. Mr Pepper was immediately incapacitated and dropped to the floor, at which point PC Kelly restrained him.

If the appropriateness of the use of the taser was open to debate, what followed from PC Kelly was not. As Mr Pepper lay on the floor groaning in pain, the officer told him to “calm down or you’ll get tasered again”, adding “you’re the scum”. He also told him to “get off my arm you skanky f***er” and responded to concerns about Mr Pepper’s pet by saying “hopefully your dog will get run over”.

Footage of those remarks, which also included Mr Pepper referring to the officers as “c***s”, would later be played before a misconduct hearing some six years later. How the footage and subsequent investigation were handled would come under even greater scrutiny.

The fallout

With both Mr Pepper and Ms Steele detained, the officers later returned to Fleetwood station where the arrests would be processed on the new and largely unpopular Connect computer system.

Among the various tick boxes which needed to be complete was a question as to whether there was any relevant bodycam footage which should be included. None was declared despite it being known that such footage existed and despite said footage being played on a big screen in the room at the time.

This decision was among those which were examined heavily during subsequent proceedings, with allegations aimed at PC McLachlan that she had deliberately tried to conceal the footage to protect PC Kelly. She continued to vehemently deny this throughout.

Among those to give evidence was PC Gemma Prestwich. On her second appearance as a witness before a misconduct panel, she explained she was not involved in the incident but was on the same shift and heard about the taser incident over the radio system. She spoke with PC Jacques after they returned to the station from separate jobs and created the case file on the Connect system alongside another officer.

PC Prestwich recalled PC Jacques describing Mr Pepper "windmilling" his arms towards the officers and reviewing the dashcam footage as part of a bigger group. None of this prompted any concern at the time, she said.

She told the panel it was not unusual for someone not involved in a case to create the case file at that time and further explained that it would be expected that the officer in charge of an investigation (OIC) completes the submission. PC Kelly, who was acting sergeant at the time, also denied any plot to conceal the video footage in a bid.

During her evidence and questioning, PC Jaques said she was told to mark the footage as “non-evidential” - which meant it wouldn’t be passed on to the Crown Prosecution Service. PC Jacques explained this by saying: “When we viewed the footage, PC Kelly said ‘it doesn’t show anything’. When we came to the form, PC McLachlan said it didn’t show the domestic or the assault so it wasn’t evidence”.

Toxic culture

Another policing issue exposed as the events during and after the arrest were examined was a toxic culture within the police force and in particular those working in the squad which PC Kelly had been appointed acting sergeant for.

The more senior PCs appeared to take issue with him being brought in as yet another temporary leader, while divisions were also drawn between those who had more experience and the more recent recruits.

The subsequent hearings and witness statements shone a light on how one of the team, PC Gavin Blades, particularly took issue and held the misguided belief that PCs Kelly and McLachlan were engaged in a romantic affair. While they had met up in social groups outside of work for dog walks, the officers insisted this was only done as part of bigger friendship groups and that there was nothing more to it.

However, the rumour mill was already in full motion and in November 2017, an impromptu meeting was called by PC Blades, during which he is said to have berated PC McLachlan in front of her colleagues and accused her of having an affair with PC Kelly, leaving her in tears.

That meeting was sparked when PC Jacques had asked PC Blades for advice on giving evidence in magistrates' court for the first time in her career. She told the misconduct panel that the conversation quickly moved onto the footage and that she was quizzed on if it had been disclosed. This led to WhatsApp messages with PC McLachlan, who she was then good friends with, during which PC Jacques said she felt flustered and panicked. Meanwhile, PC McLachlan told her to say “I don’t know” when asked if the footage had been uploaded.

The police’s legal representative, Chales Apthorp, argued this was the sign of a cover up, while Lisa Judge, who represented PC McLachlan in the criminal and misconduct proceedings, said it was simply the truth because PC Jacques did not know. She said PC McLachlan was not concerned with hiding anything, but instead wondering why PC Blades was so interested in the case.

The row continued to erupt and PC McLachlan came into work after that WhatsApp conversation despite being on holiday and was confronted at the impromptu team meeting. Ms Judge asserted PC Blades had no authority to call such a meeting and that it was only done to humiliate and halt the progress of an ambitious officer. PC Jaques agreed with the lawyer’s assertion that it was "not healthy, not appropriate, not a happy time for Ellen McLachlan"

The matter would go on to be referred to Professional Standards and then even further beyond that. In November 2020, the Independent Office for Police Conduct (IOPC) reported that two officers were to appear in court charged with perverting the course of justice. After a short trial, both were acquitted but they still faced accusations of gross misconduct and would have to defend themselves all over again.

Misconduct proceedings

The misconduct hearing eventually began in 2022 and was originally scheduled to last for a week. To say it overran would be quite the understatement. Witnesses were grilled for far longer than predicted and officers lost entire days waiting to not even be called into the room.

While chair of the panel Paul Foster failed to keep order during heated rows between the legal representatives of the police force and two officers, procedural failures also added to the delays. Anger was caused by alleged failures to properly disclose information and even after the conclusion of a criminal trial, it still required an 11th hour battle for Ms Judge to be able to see detailed logs from the Connect system.

At the outlets of the hearings, both officers were suspended from work and faced multiple accusations. Each was said to have used excessive force and further accused of failing to ensure body worn footage was disclosed during criminal proceedings. PC Kelly was also said to have used behaviour and language towards a member of the public, which was or could be perceived to be abusive, oppressive and offensive.

It was also alleged that PC McLachlan entered false information regarding a charging decision on an internal document with the CPS. As a result of the above, both were accused of breaching the Standards of Professional Behaviour and committing gross misconduct.

After the first week passed in December 2022 with little progress, the hearings resumed in January 2023, July 2023 and then again in December 2023. Yet still deadlines could not be met and, when all the witnesses had been summoned and questioned, proceedings switched to paper submissions only, with the press and public no longer able to observe. At this stage, PC Kelly was cleared of using excessive force, with the panel satisfied his actions in kneeling on Mr Pepper after the taser was deployed was in accordance with guidelines.

At the start of the resumed hearing in January 2023, it had been confirmed that PC Kelly had been allowed to take early retirement on the grounds of ill health. PC McLachlan meanwhile remained determined to revive her career and reputation but would still face a near year-long wait to learn her fate.

The panel’s decision finally landed one week before Christmas 2023. More than six years after the initial incident and after huge sums of public money were spent on legal proceedings, the panel ruled both officers had indeed committed gross misconduct.

A brief notice published on the Lancashire Constabulary website explained: “The panel found Former Officer Kelly’s conduct breached the Standards of Professional Behaviour, namely Authority, Respect and Courtesy and Duties and Responsibilities and amounted to Gross Misconduct.”

It continued: “The panel found Former Officer McLachlan’s conduct breached the Standards of Professional Behaviour, namely Honesty and Integrity, Duties and Responsibilities, and Challenging and Reporting Improper Conduct and amounted to Gross Misconduct.

For PC Kelly, now retired, this had little effect other than banning him from ever returning to policing. PC McLachlan, though, saw her policing career ended, with both now listed on the Police Barred List.

A spokesperson for Lancashire Constabulary told The Blackpool Lead: “The actions of these two officers clearly fell far short of the standards of professional behaviour we expect from all our staff.

“There is no place in Lancashire Constabulary for those who fail to comply with the high standards which are rightly expected of them, and who through their attitudes, behaviours and actions, let down both their colleagues and the communities they took an oath to serve and protect.”

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