Senior Met officer fired for refusing to take drug test wins appeal
A senior Metropolitan Police officer who was sacked for refusing to take a drug test after being accused of smoking marijuana has won an appeal to try and overturn his dismissal.
Commander Julian Bennett, who drew up Scotland Yard’s anti-drug strategy, was found to have committed gross misconduct when he refused to provide a urine sample for a drug test on July 21 2020.
Mr Bennett, who had served in the force for 46 years, had been accused by a former flatmate of taking cannabis along with LSD and magic mushrooms.
A misconduct hearing, which ended in October 2023, cleared him of taking drugs but ruled he breached standards of honesty and integrity by refusing to take the test.
Mr Bennett said he had been taking cannabidiol oil to treat facial palsy and was worried a positive test would embarrass the Met.
The hearing heard he had contacted Dame Cressida Dick, the then commissioner, and offered to resign immediately instead of taking the test.
Breach of procedure
A police appeals tribunal on Friday found there had been a breach of procedure in the original tribunal and ruled that his dismissal should be reconsidered by a second panel.
The Met is now considering mounting a legal challenge against Mr Bennett’s successful appeal.
Assistant Commissioner Matt Twist said: “I am very concerned by this decision and I have no doubt that the public and hardworking colleagues across the Met will be appalled that this case remains unresolved after such a long time.
“It very clearly illustrates why reform of the misconduct process is so needed and why the Met has been calling for urgent change.
“We await the written decision before determining our next steps, but we are actively considering a challenge by way of judicial review,” said Mr Twist.
“Senior officers are expected to lead by example and Mr Bennett will not return to duty whilst we consider our options”.
Original tribunal a ‘debacle’
John Beggs, KC, representing Mr Bennett, said the “deranged” decision to sack his client had been “plainly unreasonable”.
He said: “If you’re found guilty of something you’re not charged with, that is a breach of basic standards of fairness.”
The original tribunal had been a “debacle” which made a “catastrophic error”, he added.
“Mr Bennett was dismissed after 46-and-a-half years of exemplary service,” he said. “The smoking of cannabis allegations, which generated lurid headlines, were dismissed by the panel.
“It is unequivocally clear a person has the right to know what is being put against him.”