PC and community support officer convicted of misconduct in case of man who was set on fire by his neighbour after being mistaken for paedophile

The family of a disabled refugee murdered after police in Bristol failed to protect him against a vigilante mob has accused a force of institutional racism after a constable and community support officer were convicted of misconduct in a public office.

Bijan Ebrahimi, 44, was punched and kicked to death and his body set on fire by neighbour Lee James, who wrongly believed he was a paedophile.

Police had gone to Ebrahimi’s home three days before he was murdered after he told them James had burst into his home and threatened him, but they arrested Ebrahimi rather than James. He spent the night in a police station and after he was taken home made a string of calls to police, but his pleas for protection went unheeded.

PC Kevin Duffy, 52, a beat manager in Bristol, who had many contacts with Ebrahimi going back more than six years, was convicted of misconduct in a public office. The jury at Bristol crown court was told he believed Ebrahimi was a time-waster and serial complainer and let his antipathy towards him affect the way he dealt with his case.

In the hours before he died, Ebrahmi rang to ask for help and said: “My life is in danger.” Duffy refused to go to see him. He told an operator: “I’ve no intentions of taking any calls from Bijan Ebrahimi … I will speak to him at my convenience.”

Also convicted of misconduct in a public office was community support officer Andrew Passmore, 56. Duffy tasked Passmore to patrol Capgrave Crescent, where Ebrahimi lived.

Passmore was to later claim he had patrolled for an hour on foot and by car but the prosecution said that, in fact, he had only driven up and down for two or three minutes.

Two other officers, PCs Leanne Winter, 38, and Helen Harris, 40, who arrested Ebrahimi, were acquitted of misconduct in a public office.

Harassed then beaten to death, Bijan Ebrahimi's calls for help were in vain Read more

Duffy and Passmore were released on unconditional bail. Judge Neil Ford QC, the recorder of Bristol, adjourned their sentencing. He made it clear they could be jailed, saying: “All sentencing options are open in this case.”

It can now be reported that 18 officers, among them sergeants and inspectors, and police staff face disciplinary proceedings over how Ebrahimi was dealt with in the day, months and years before he was murdered.

Speaking to the Guardian, Manizhah Moores, Ebrahimi’s sister, said: “I think there is a cultural problem – our understanding is there has been a culture of institutional racism and nobody has challenged it. They’ve been doing it for years and years.

“[The police] never dealt with his problems properly, they saw him as a repeated complainer. They disliked him for whatever reason.”

Ebrahimi has been depicted by some officers as a difficult character. “He wasn’t difficult at all,” said Moores. “He would argue if he felt something was not fair. He would fight for his rights.”

Paying tribute to her brother, Moores said Ebrahimi was the youngest member of the family, who was “always full of life ... very kind and bubbly”.

He moved to England from Iran as a refugee in 2000, but Moores said he had long had problems with people who did not accept who he was. “Every time he had a problem, he went to the police,” said Moores. “We always told him that if he had a problem he should go to the police – we told him this is a lawful country and the police will protect you. The police were aware of the problems he faced – the racial, verbal abuse.”

Moores said as soon as he moved into Capgrave Crescent there were problems. “We took his belongings there,” she said. “From the first day we saw the racial abuse – the kids were sitting there and making comments about us. That was the start.”

Ebrahimi continued to take his complaints to the police. Moores said: “He wasn’t getting any joy but he never lost hope. He was hoping they would understand what he was going through. He was persistent because he thought he was right.”

The family’s solicitor, Tony Murphy – of Bhatt Murphy, said Ebrahimi had been a “repeat victim of race hate crime over many years” and added that four officers face disciplinary charges of race discrimination. Murphy added: “[Ebrahimi’s] family are relieved that details of what happened have been brought to the public’s attention.”

James is serving life for murder, but the Crown Prosecution Service decided to prosecute the three police officers and one community support officer following an investigation by the Independent Police Complaints Commission.

A spokesperson for Avon and Somerset constabulary refused to discuss the claim of institutional racism or to give further details of the allegations at the centre of the disciplinary proceedings.

The spokesperson said: “It would be wrong for us to respond to anything else at this stage. It’s really important that the disciplinary proceedings are allowed to progress to their final conclusion. Those involving police officers will be held in public at Police HQ in Portishead and further details will be published as soon as they’re finalised.”

Temporary deputy chief constable Louisa Rolfe described Ebrahimi’s murder as “senseless”. She said: “This tragedy should never have happened. A great deal has been done to understand and reflect on the events in the weeks leading up to Mr Ebrahimi’s death.

“We have changed and improved the way we work and will continue to work with our partners to do everything in our power to prevent such a dreadful event happening again.”

Avon and Somerset police and crime commissioner Sue Mountstevens admitted the force had failed Ebrahimi. “It is clear that on this occasion the constabulary failed local people and let down a vulnerable man in his own home,” she said.

As well as the disciplinary proceedings against officers, a serious case review is under way to find out if other services including the city council should have done more.