Devon and Cornwall Police constable sacked after he was found guilty of gross misconduct

A Devon and Cornwall Police constable has been dismissed without notice after he was found guilty of sending inappropriate messages to a victim of crime and lying about having Covid.

On Tuesday 21 March, members of the misconduct panel found that the actions of PC Jack Martindale had amounted to gross misconduct.

On 5 September 2021, PC Martindale was made investigating officer in the case of a 22-year-old woman who had allegedly been assaulted by a bouncer.

He used his police-issued mobile phone to exchange hundreds of 'flirtatious' personal messages with the victim between 8 and 30 September 2021.

Additionally, it had been alleged that on 12 August 2022, the constable had sent a message to a senior officer to say that he was unwell, and had attached a picture of a positive Covid test.

In further messages, he continued to indicate that he was unwell, but on 30 August spoke to an inspector and admitted that he'd lied.

PC Martindale explained that he'd sent a picture of an old Covid test.

Following a two-day public hearing, the panel concluded that the allegations were proven and that PC Martindale had breached appropriate standards for the conduct of a police officer in Honesty and Integrity, Duties and Responsibilities, Authority, Respect & Courtesy and Discreditable Conduct.

The panel determined that the officer would be dismissed without notice, preventing him from working within policing. 

The panel did not find that PC Martindale had any wish to pursue a sexual or emotional relationship with the victim, but it was acknowledged that the exchange was inappropriate.

Head of Professional Standards, Superintendent Jo Arundale said: “Members of the public have a right to expect officers to behave to a high standard and on this occasion, the behaviour fell below this level.

"Through his actions, the officer undermined the public’s trust and confidence in the police force and did not fulfil his duties and responsibilities.

“Such behaviour will not be tolerated within policing and the decision of the panel is that the officer is dismissed without notice.”