Former officer to appeal result of hearing into death of Kelly Hartigan-Burns

Jason Marsden, a former custody sergeant, will return to County Hall, Preston, for the appeal hearing, six weeks after the inquest into the death of Kelly Hartigan-Burns, from Darwen, concluded with the jury finding there had been “serious and significant” failings by Lancashire Constabulary.

A statement on the Lancashire Constabulary website about the hearing reads: “Former Police Sergeant Jason Marsden has appealed against the findings of the Panel at the Police Misconduct Hearing held at Leyland Police Station between the 27th September 2021 and the 11th October 2021.”

The original disciplinary proceedings were heard in September 2021.

The results of the hearing were that Jason Marsden failed to properly assess "vulnerable" Kelly and “lost control” when she was taken to a Greenbank police station in Blackburn in 2016.

Tributes left at Greenbank Police Station where Kelly attempted to take her life. Photo credit: Family / Inquest.co.uk

The 35-year-old was found unresponsive in a cell and later died in hospital.

Her death was referred to the Independent Office for Police Conduct who looked into the conduct of five officers and two custody detention officers.

The panel said that Mr Marsden, who left the force prior to his misconduct hearing, would have been dismissed if he was still a serving officer.

Due to them not being able to dismiss the officer the panel blacklisted him from working for the police force.

The hearing is listed for two days and will take place on May 17 and 18 – with May 18 being what would have been Kelly’s birthday.

The hearing comes weeks after a jury said that on the night of Kelly’s death had police "shown more compassion" over her detention "there may have been a different outcome".

They added that police failings had contributed to Kelly’s death.