A MISCONDUCT hearing has started into a former Lancashire police station custody sergeant who allegedly breached his duties and responsibilities in looking after a vulnerable women detainee who was found in an unresponsive state inside a cell and later pronounced dead.

Former officer Jason Marsden was a custody desk sergeant at Greenbank police station in Blackburn when Kelly Hartigan-Burns, aged 35, of Darwen, was brought in under arrest and put in a cell late at night of December 3, 2016.

After an assessment, crying, questions, a brief argument and struggle with officers at the custody suite desk,  Ms Hartigan-Burns was put in a cell for low-risk detainees, a video recording showed.

However the low-risk cell had no CCTV surveillance camera inside nor could it be seen directly from the custody desk. Ms Hartigan-Burns went into the cell wearing her own clothes which included a dressing gown and pyjamas, rather than being given a special low-risk suit to wear.

The video footage was filmed from one camera above the custody desk looking down on the desk and towards a corridor of cells. Ms Hartigan-Burns was taken inside a cell, out of the camera’s view, and further arguments and shouting could then be heard from the cell.

Charles Apthorp, presenting the misconduct case against Mr Marsden, said  Ms Hartigan-Burns had a history of trying to take her own life, including by throwing herself under cars, and was on medication for mental health issues.

He said the duty sergeant that night, Mr Marsden, breached professional duties and standards including protecting a detainee and showing courtesy and respect to her. His alleged poor behaviour was aggravated because he was an experienced police officer at the time and well-placed to assess the potential risks.

Mr Apthorp explained how police misconduct hearings are ‘entirely different’ to criminal court proceedings. Witnesses will not take oaths and the misconduct allegations are not criminal charges.

He said: “The purpose is to protect the public and to maintain the high standards, good reputation, professionalism and public confidence in the  police.  Public confidence is a matter of great importance. If citizens feel unfair behaviour is left unchecked then confidence will be eroded. ”

He said Ms Hartigan-Burns had previously tried to take her life by jumping in front of taxis on Blackburn Road, Darwen.  She was arrested at Barley Bank Street Darwen

Her personal history of psychiatric medication, drug and alcohol issues was shown on a log which the custody sergeant has access to, Mr Apthorp said. The log details should have been a warning to the custody sergeant that the detainee needed a higher-risk cell with better observation, he alleged.

Mr Marsden, whose address and age was not given, denies breaching the professional police code of conduct and the allegation of gross misconduct. He does not intend to be at the misconduct hearing but has a legal representative on his behalf, Sarah Barlow.

The Police Federation also has a representative.

Witnesses are expected to speak throughout this week, followed by lawyers statements and the cross examination of witnesses. The whole hearing is expected to last around two weeks.