Gross misconduct finding for ex-Devon and Cornwall PC who gave ‘dishonest’ account of woman’s carpark fall

Gross misconduct has been proven for a former Devon and Cornwall Police officer after a disciplinary panel concluded he tried to downplay his role following a woman’s fall from a multi-storey carpark.

The woman suffered serious injuries after falling from the third floor of the carpark near Charles Cross police station, Plymouth, on the night of 6 October 2023.

PC Bijan Davarian was one of two officers who spotted the woman as he entered the station after a patrol shift and later told colleagues inside that she was sitting with her legs dangling over the building’s edge.

However, during an Independent Office for Police Conduct (IOPC) investigation into the incident, PC Davarian claimed he wasn’t aware of the dangerous situation the woman was in and told us he had no recollection of describing her position to colleagues.

At the end of a five-day misconduct hearing, on Friday 6 March, it was determined PC Davarian had breached the police standard of professional behaviour of honesty and integrity and would have been dismissed had he not already resigned. 

At the same hearing, serving officer PC Dave Burnard was found to have committed misconduct for breaching the standards of professional behaviour in relation to discreditable conduct, and duties and responsibilities. He was given a final written warning, to last for three years. 

The woman was seen at around 10.20pm by PCs Burnard and Davarian on Level 3 of the multi storey carpark which overlooks Charles Cross Police station carpark. Both were captured on CCTV looking in the direction of the woman, who could be heard singing and shouting, as they made their way into the police station. Neither attempted to engage with her.

PC Burnard went into a meeting with a colleague while PC Davarian went to another room where he mentioned to officers that he’d seen the woman sat on top of the car park with her legs hanging over the edge.

Around nine minutes later, after being alerted to the situation by another officer, PC Davarian and PC Burnard left the station and made to where the woman was last seen but, as they tried speaking to her, she fell and was seriously hurt. 

In PC Davarian’s witness statement given to us, we found inaccuracies in the detail relating to his recollection of the risk he was aware of about the woman’s safety. He told colleagues he’d seen the woman’s legs dangling over the side of building – but when asked about it by our investigators, he said he didn’t recall this detail.  

IOPC Director Derrick Campbell, said: “The effects of this incident on the woman were serious and long-lasting. Both officers failed in their primary duty to respond appropriately to concerns for her safety. She was clearly in a vulnerable position. But by not immediately trying to interact with the woman, the officers missed a crucial opportunity to try and remove her from harm.

“It is essential for a police officer to be honest and provide accurate information. Policing by consent relies on the trust and integrity of officers. By providing incorrect information, PC Davarian risked seriously undermining the public’s confidence in Devon and Cornwall Police.”

Our investigation began in October 2023, following a conduct referral from the force. We looked at the risk assessments, decision making and actions of the officers. We concluded our investigation in February 2025 and determined that the officers had a case to answer for gross misconduct.