A police officer should face a gross misconduct hearing after following two teenagers in a van shortly before they died in an e-bike crash, a watchdog has said.
Kyrees Sullivan, 16, and Harvey Evans, 15, died in May 2023 when they crashed on a Sur-Ron bike minutes after CCTV captured them being followed by a police van in Ely, Cardiff.
The van was approximately half a mile away from the e-bike, on a different road, when the fatal collision occurred, the Independent Office for Police Conduct (IOPC) said.
“Our investigation found no indication of contact between the police vehicle and the boys’ e-bike immediately before the collision,” an IOPC spokesman said.
Tensions between locals and police at the scene led to a riot lasting several hours, during which time dozens of officers were injured, property was damaged and cars were set alight.
The IOPC said the South Wales Police driver had a case to answer for gross misconduct over the accuracy of accounts he provided to colleagues after the collision incident, which potentially breach police standards of honesty and integrity.
He also has a misconduct case to answer over his driving and language he used in relation to the boys at the collision scene.
The watchdog said his driving may be outside his level of training and authority, and contrary to the College of Policing authorised professional practice and his force’s own policy on pursuits.
Earlier this year the Crown Prosecution Service said it would not bring criminal charges against the officer.
IOPC director David Ford said: “Our thoughts and sympathies continue to be with the families of Kyrees and Harvey and everyone affected by the loss of such young lives. We know the boys’ deaths have had a deep impact on the local community.
“Our role when someone dies following police contact is to examine all the circumstances surrounding that incident.
“Our independent investigation looked at the interactions South Wales Police had with the boys before the collision, plus accounts provided by officers at the scene and later to our investigation.
“After a thorough review of that evidence and applying the relevant legal test – that a police disciplinary panel could find the case proven – we have determined an officer should face disciplinary proceedings.
“It will be for a police disciplinary panel to determine whether the allegations are proven.”
The watchdog said an additional investigation into family complaints against South Wales Police, which covered a number of areas including the families’ treatment at the scene of the incident, is close to concluding.
South Wales Police Assistant Chief Constable Simon Belcher said: “Following the tragic deaths of Kyrees Sullivan and Harvey Evans in Ely in 2023, South Wales Police made a mandatory referral to the Independent Office for Police Conduct to ensure the matter received independent scrutiny.
“The force has fully co-operated with the IOPC investigation and provided information and material, including CCTV footage and body-worn video.
“We hope that the outcome of the independent investigation and future inquest proceedings will provide answers to the many questions which have been raised about this case.
“Our thoughts, as ever, are with the families and friends of Harvey and Kyrees and all those affected by their deaths.”
The Conservatives warned that the move could risk deterring officers from pursuing suspects.
Shadow home secretary Chris Philp said: “Honesty and integrity are the bedrock of policing, and that must be taken extremely seriously.
“But it is also vital that this decision does not send the wrong signal. Officers need to have the confidence to pursue suspects where necessary.
“I am deeply concerned that investigating the officer for misconduct in relation to the pursuit itself – which did not occur near the site of the tragic deaths – risks officers across the country simply not pursuing criminals.
“This will lead to criminals escaping justice and the public being less safe.”
