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Court of Appeal Upholds Conviction of Prison Officer for Misconduct in Public Office

  • ben83735
  • 1 day ago
  • 1 min read

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The prison officer responsible for Mesut Olgun’s care, Graham Evans, was convicted in November 2023 of Misconduct in Public Office at Worcester Crown Court after failing to carry out required checks on Mesut and falsifying prison records.


On the 5th September 2025, the Court of Appeal dismissed Mr Evans’ appeal against his conviction for Misconduct in Public Office.


The Court rejected his arguments that, as an Operational Support Grade officer, he was not acting as a public officer; that his failures were not sufficiently serious to amount to a criminal offence; and that the jury had been misdirected about the relevance of the death of Mr Olgun.


The judges held that his duties during the night shift at HMP Hewell, including the requirement to carry out ACCT checks and record them accurately, constituted public functions in which the public had a significant interest. It emphasised that misconduct in public office arises where a public officer wilfully neglects duties to such a degree that it undermines public trust, even if no harm is directly caused. They found that his failure to perform two-thirds of the required checks, together with his falsification of records, was capable of amounting to misconduct so serious as to justify criminal punishment.


The Court concluded that the trial judge’s rulings and directions had been correct, and that the conviction was safe. The appeal was therefore dismissed.



The Family was represented by Daniel Lemberger Cooper of Imran Khan and Partners, who can be contacted on 0207 404 3004 or danielc@ikpsolicitors.com. 

 

 
 
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