Businessman wrongly arrested after officer posed as him (2024)

A businessman was wrongly arrested in front of his seven-year-old son and thrown in a cell after a police officer's 'threatening' prank call went wrong.

Private security boss Benji Churchill spent almost two hours behind bars after PC Benjamin Magee's trick - pretending to be him - was taken seriously by a colleague, a misconduct hearing heard.

But PC Magee claimed that the arrest would not have happened had other officers who knew the call was a joke acted sooner.

The situation unfolded when PC Magee pretended to be Mr Churchill, 35, and phoned another constable on the Isle of Wight - who previously had 'dealings' with the businessman - on a night shift and the officer, named only as 'PC X', thought it was genuine.

During the hoax call, PC Magee called his fellow constable 'a pr***' and asked: 'Do you have a problem with me?'

Isle of Wight businessman Benji Churchill (pictured) was wrongly arrested in front of his seven-year-old son afterPC Benjamin Magee made a 'threatening' prank call gone-wrong to a colleague, a misconduct hearing heard

However, PC Magee claimed that the arrest would not have happened had other officers who knew the call was a joke, such as PC Georgia Blanchard (seen), acted sooner. PC Blanchard is one of three officers who have been told their 'performance requires improvement'

It was heard the officer reported the call to senior officers, leading to him changing his number and the 35-year-old's arrest at his home on the island.

Mr Churchill was locked up in a cell for one hour and 40 minutes before PC Magee arrived and explained the misunderstanding.

Now, PC Magee, based at Newport Police Station on the Isle of Wight, has been hauled before a Hampshire Constabulary misconduct hearing.

PC Magee accepts he made the call but claims his colleague was informed it was a prank call before Mr Churchill was locked up and that other officers failed to stop the arrest despite knowing it was a joke.

The officer who took the call was granted anonymity and was only identified as 'PC X' at the hearing at the force's headquarters in Eastleigh.

It was heard the prank call was made in the early hours of December 31, 2022, whilst he was on duty in Newport police station and Mr Churchill was arrested at 11.53am that morning.

Mr Churchill runs a private security consultancy, specialising in providing bouncers and training courses.

Mr Churchill was locked up in a cell for one hour and 40 minutes before PC Magee arrived and explained the misunderstanding

Barrister Alan Jenkins, representing Hampshire Constabulary, told the hearing: 'On December 31, 2022, you were on duty in Newport police station and you made a call to the mobile of PC X.

'In the phone call you pretended to be Mr Churchill, a member of the public and local business owner.

'During the call, which you intended as a prank, you called PC X a 'prick'.

'He believed Mr Churchill made the call and was concerned for his safety, he believed an offence was committed.

'Mr Churchill was arrested at his home address, in front of his young son, and released from custody an hour and 40 minutes later.

'It is alleged you breached the standards of behaviour in respect of discreditable conduct and duties and responsibilities.'

PC Magee's lawyer, Fraser Coxhill, said that the officer accepted that he had made the call but not that there was a 'direct link' to Mr Churchill's arrest.

'The officer accepts the basic factual background, he made a phone call. But... in dispute,' he said, 'is that there was a direct link between the call and subsequent events.

'Those consequences would not have occurred without the misconduct of other officers.'

PC Magee's lawyer, Fraser Coxhill (pictured) told the hearing: 'Those consequences would not have occurred without the misconduct of other officers'

It was claimed that three other colleagues witnessed the prank call made by PC Magee, two were aware that morning that PC X was considering reporting the issue, and that they tried to warn PC X and PC Magee but did not inform senior officers of the prank.

Temporary Sergeant Olivia Peachey told the panel: 'I assumed PC X would have known it was prank call as him and PC Magee were good friends at the time.

'I did not hear him put on a different voice.'

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PC Georgia Blanchard said: 'If I thought it was serious enough that Mr Churchill was in custody I would have told someone myself.

'I assumed it was a joke, that is what it sounded like.'

The third officer who witnessed the call, PC Lisa Gray, said that she did hear PC Magee put on a 'imitated' voice when making the call.

PC Gray told the hearing: 'It was an imitated voice, not his own voice, a gruff voice not an imitation I could put to anyone person in particular but a disguised voice.

'It was not his normal speaking voice.

'I found it an odd thing to do in that PC Magee and Sgt Peachey are friendly with PC X.'

The three officers were also investigated by the Professional Standards Department and on Friday all three received an outcome of 'performance requires improvement'.

PC Magee has not been suspended by the force but is on directed duties, a non-public facing role.

The hearing continues.

Businessman wrongly arrested after officer posed as him (2024)
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