A Metropolitan Police officer accused of rape has won a High Court judicial review against his dismissal leaving efforts to rid the force of 300 others in tatters. Commissioner Sir Mark Rowley is due to make a statement after a judgement in Sergeant Lino Di Maria’s successful legal battle was delivered on Tuesday. Officers sacked because of unproven allegations of sexual and domestic abuse could return to work and claim back pay because of Sgt Di Maria’s “test case”, including one arrested in the United States for trying groom a 13-year-old girl.
Sgt Di Maria was stripped of his warrant card in September 2023 under the Met’s new system called Operation Assure. Without proving whether the allegations are true, Sir Mark removed vetting clearance due to the seriousness of the claims and has dismissed about 107 officers so far in the wake of a slew of scandals, including Sarah Everard’s murder by PC Wayne Couzens. A public complaint was made on August 12, 2019 accusing Sgt Di Maria of two sexual assaults and rapes in cars in public car parks on December 3 and 9, 2018.
There was also a rape and indecent exposure claim in 2015, an allegation of sending inappropriate messages to colleagues in 2019 and alleged inappropriate behaviour at work two years later. An ex-partner made further accusations of domestic abuse in 2022. But Sgt Di Maria, who denies the allegations against him, brought the legal action - with the backing of the Met Police Federation - saying the process was unlawful.
He argued that having his vetting removed is a breach of his right to a fair trial. Delivering the ruling on Tuesday, Mrs Justice Lang concluded that the process used in Sgt Di Maria’s case - dubbed “vetting dismissal“ - is not fit for purpose. “The process deprives the officer of any meaningful opportunity to challenge a finding of gross incompetence“, she said, adding that dismissal for an officer who has been stripped of vetting clearance becomes inevitable.
She said normal safeguards for misconduct proceedings become “ineffective“, include a full hearing where evidence will be considered and witnesses may be called, in which the panel will determine whether or not gross incompetence has been established. “If a finding of gross incompetence is made, before an outcome is determined, the panel must have regard to the officer’s personal record and any mitigation or references he may put forward, but this is meaningless if the only available outcome is dismissal.“.
She added: “In my view, dismissal without notice for gross incompetence will be a serious stain on a police officer’s record when seeking alternative employment, in addition to the loss of vetting clearance. It ought not to be imposed without an effective and fair hearing.“. Last month, Sir Mark called the Federation’s attempt to win back the job of an officer with a “ghastly” background “crazy and frankly unbelievable”.
The Met says it faces a “disastrous” future as staff “with really worrying” pasts are reinstated, then awarded thousands in back pay. Attention will now shift to the Home Office and its reaction to the Met Police’s court defeat. Mrs Justice Lang added in her ruling that it is anticipated revisions to the codes of practice for police officers across the country will now be considered. Last week female officers slammed their own union for “championing” Sgt Di Maria’s cause.
In an open letter to Sir Mark and Home Secretary Yvette Cooper, the Network of Women group -which fights misogyny at work – blasted the decision which will raises “very serious ethical and governance concerns”. Co-chairs Inspector Jennifer Sharpling and Alicia Patel questioned whether members were consulted before having their fees used to support Sgt Di Maria, who faced accusations from his own colleagues.
“lt is our collective view that Di Maria’s dismissal would not only be justified but essential,” they wrote. Claire Waxman, London’s independent victims’ commissioner, posted on X, formerly Twitter: “It’s crucial the Commissioner has the tools he needs to dismiss officers who simply shouldn’t be serving. “Removing these officers has been central to his efforts to improve trust and confidence amongst Londoners and the countless good, hardworking officers.”.
Others who could return include PC Terry Malka who kept his job despite being convicted of performing a solo sex act in a First Class train carriage in 2018. A review by Baroness Casey found the Met to be institutionally racist, misogynist and homophobic after 33-year-old Ms Everard was kidnapped, raped and murdered by Couzens in March 2021. Lady Elish Angiolini discovered a series of red flags were missed about Couzens who should never have been given a job with a history of offending dating back nearly 20 years.
