The Metropolitan Police has warned a legal challenge launched by an officer facing the sack over unproven allegations of rape and domestic abuse will render them powerless to dismiss rogue officers if the claim succeeds.
The force revoked Sergeant Lino Di Maria’s vetting clearance after receiving multiple public complaints about his conduct towards women, including what court documents describe as “two sexual assaults/rapes in cars in public car parks”. He denies the allegations has not been charged with, nor convicted if, any offence.
He has lodged a judicial review in the High Court challenging the validity of a vetting overhaul launched after a series of scandals, including the kidnap and murder of Sarah Everard by serving Met officer Wayne Couzens.
John Beggs KC, leading the Met’s legal team, said the case raised the “fundamental issue” of whether a chief officer is entitled to sack officers who cannot clear the basic vetting procedures.
“Vetting is crucial to the integrity of the police service, to the confidence that a chief officer of police can have in their officers, and to public confidence in the police”, he said in written arguments submitted to the court.
Sgt Di Maria was accused of assaulting a woman, who he met at the gym, in a Tesco carpark and as she was leaving the gym on two dates in 2018. The court heard he insisted the encounters were consensual and a criminal investigation resulted in no further action after the woman withdrew her support for the investigation.
open image in galleryMetropolitan Police are in a High Court fight over their vetting rules (PA Archive)
Police also received reports alleging he touched a British Transport Police officer’s leg and exposed himself to her in 2015. Sgt Di Maria said it was consensual and the complainant later retracted the allegation.
Further reports were received alleging domestic abuse towards an ex-partner in 2022, inappropriate workplace behaviour in 2021 and sending inappropriate messages to a colleague in 2019.
Sgt Di Maria denies any wrongdoing, and independent police misconduct processes found the sergeant, who joined the force in 2004 and last passed his vetting in 2017, had “no case to answer” over the complaints.
However, he was referred for vetting review, after his case was flagged as part of Operation Onyx, a probe into domestic and sexual abuse allegations against Met staff launched in the wake of a series of scandals.
Sgt Di Maria had his vetting removed in September 2023 and an appeal against this decision was refused.
He now faces a “gross incompetence” hearing which will result in his dismissal, but he has launched a judicial review, claiming the process is not lawful.
“The claim concerns the lawfulness of a process by which a police officer can be removed from public office consequent of the removal of vetting,” Kevin Baumber, counsel for SgtDi Maria told the High Court on Wednesday.
“The claimant faces accusations of gross misconduct which were investigated and found that there was no case to answer in respect of them.”
The sergeant is challenging the “vetting dismissal” process he was subject to under Operation Assure, the Met’s program to root out rogue officers.
Under Operation Assure, officers subject to adverse allegations will be referred to have their vetting reviewed. If they decide to revoke the officer’s vetting, the officer has the right to appeal. If that fails they will be referred to a gross incompetence hearing where they will likely be dismissed. The original allegations do not have to be proven for their vetting to be revoked.
Mr Baumber told the hearing, in front of Mrs Beverley Justice Lang, the officer was challenging the Met’s decision on a number of grounds, including his right to a fair trial under Article 6 of the European Convention on Human Rights.
open image in gallerySarah Everard was kidnapped, raped and murdered by then-serving Met officer Wayne Couzens in 2021 (PA Media)
He said it was a concern that an officer could go through a “detailed” conduct procedure, which concludes that “they need not be dismissed”, only to be fired following an “internal management decision anyway”.
But the Met, which is defending the decision to remove his vetting, has warned that if Sgt Di Maria’s challenge succeeds, chiefs will be powerless to remove officers subject to “multiple credible pieces of adverse information”.
This would include allegations which cannot be proven because of witness reluctance or evidence being inadmissible.
Mr Beggs said losing that right would place chiefs in a “hopeless position” of being unable to comply with official guidance from the College of Policing or meet integrity standards demanded by the police watchdog.
“Vetting, and the ability to exclude officers who cannot maintain vetting clearance is, for instance, critical to ensuring that those who pose a risk of violence and sexual impropriety against women and girls are identified, risk to female members of the public and officers is reduced, and their confidence in the police is increased,” he added.
The two-day hearing continues.