Three Met officers filmed in Panorama footage sacked for gross misconduct

Three Metropolitan Police officers who worked at Charing Cross police station have been sacked after it was found their conduct aired in video footage on a BBC Panorama programme amounted to gross misconduct.

The undercover footage, which was broadcast in a documentary earlier this month, appears to show off-duty Pc Philip Neilson refer to an immigrant who had overstayed his visa, saying “either put a bullet through his head or deport him”, a hearing in south London was told on Thursday.

Pc Martin Borg “revelled in the use of force on detainees” and told colleagues he joined the police to take part in “legal f****** scraps”, said James Berry KC, on behalf of the appropriate authority.

Sergeant Joe McIlvenny “spoke graphically about sexual matters in the workplace” and told a colleague “not to speak on camera about use of force incidents”, Mr Berry said.

Hearing chairman Commander Jason Prins said he was satisfied the breaches amounted to gross misconduct and Pc Neilson, Pc Borg and Sergeant McIlvenny were dismissed without notice in three separate hearings.

Mr Prins said of all three officers: “It was or must have been obvious to him that the comments made were abhorrent.”

The first allegation was described by Mr Berry, who said the programme appeared to show Pc Neilson in a conversation outside the police station saying that a juvenile, referred to as Mr X, had kicked him in custody.

Pc Neilson told the undercover reporter that before joining the police “he had done sports massage”, and “while in the van on the way to custody he was on pressure points”, Mr Berry added.

The officer denies using inappropriate force on the detainee. He said the detainee had assaulted him and been aggressive, Mr Berry added.

The pressure point comments were a “misguided attempt at bravado”, according to the officer, Mr Berry said.

The KC said: “He was showing off with an … exaggerated story about the use of force.

“He was glorifying the use of inappropriate force on a restrained detainee, whether or not the force was in fact used.”

Mr Berry added that Pc Neilson was “laughing and smirking throughout”.

The second allegation involved the officer describing Somalians as “scum” and making reference to “an invasion” of the UK by migrants.

Mr Berry said the comments were “floridly racist”.

The third allegation involves Panorama footage showing Pc Neilson referring to an immigrant who had overstayed his visa, saying: “Either put a bullet through his head or deport him.

“And the ones that shag women, rape women, you do the c*** and let them bleed out.”

Pc Neilson accepts these remarks were inappropriate and were made as he was intoxicated, Mr Berry said.

Pc Neilson accepts comments were made but says it is misconduct only, Chris Brinsley said on his behalf.

Giving evidence to the hearing, the officer was asked if he believes the undercover reporting breached his human rights and he said: “I do… he was the one bringing up the conversations.”

Asked what he would say about the appropriate authority’s case that he is racist, he said: “I’m not.”

Pc Borg “revelled in the use of force on detainees”, Mr Berry said.

The officer “expressed amusement” about witnessing a sergeant using “excessive force” to cause injury to a detainee, Mr Berry said.

He described how the detainee had a lump on his foot that “looked like a f****** tumour”, the hearing was told.

Pc Borg later said he was exaggerating when he was retelling the stories, Mr Berry said.

Another officer told him the station had been serving non-halal food by accident in custody and Pc Borg replied “f*** em”, Mr Berry said.

The officer later said he was referring to the custody team when he said “f*** em”, Mr Berry added.

Asked who is the “most griefy” on the footage, Pc Borg replied “Muslims”, before adding “Islam is a problem, a serious problem, I think”, the hearing was told.

Mr Brinsley said Pc Borg denied all the allegations.

Giving evidence about the “legal f****** scraps” comment, Pc Borg said he does “take pleasure in stopping people from being attacked”.

Asked if he is a racist, Pc Borg replied “no”.

Mr Prins found three other allegations against Pc Borg not proven.

On the programme, Sergeant McIlvenny said “that’s what she says” when he was told by a colleague about a victim of domestic violence being kicked in the stomach while pregnant, Mr Berry said.

Sergeant McIlvenny also made comments about a woman who had been arrested while wearing a fancy dress police outfit, saying “awesome” and “I pay money to go to clubs to see women dressed like this”.

He was also seen on the footage trying to move a designated detention officer who was trying to speak about the use of force to a different area, before saying be careful debriefing in the suite, the hearing was told.

On the documentary, he also describes a woman he encountered as “monstrous” saying “she f****** fills the door”.

Sergeant McIlvenny denied the allegations.

Chris Draper, for Sergeant McIlvenny, said the clips had been edited so the “context around the comments is lost”.

Of the allegation about Sergeant McIlvenny trying to move a colleague who wanted to speak about use of force to another area, Mr Draper said the inference made by the programme is that he was taking the colleague where there are no cameras, but the area is covered by CCTV.

After the chairman’s finding, Sergeant McIlvenny told the hearing he has 24 years’ service in the police and “this decision has been made on a less than 10-minute clip”.

Independent Office for Police Conduct director Amanda Rowe said: “The behaviour of these three officers and the discriminatory comments made – including misogynistic, Islamophobic and racist remarks – were inexcusable.

“As so many of us saw following the BBC broadcast, the evidence against Ps Joe McIlvenny, Pc Martin Borg and Pc Philip Neilson was incontrovertible.

“This enabled us to decide that it was appropriate for an accelerated gross misconduct hearing to take place and to take swift action to ensure the Met had the evidence it needed to hold those hearings without delay.

“The behaviour of these officers, and its exposure, has damaged the public’s trust in the Met. Not only have they let down the public, but also the good officers who show up every day to serve Londoners. It is right that they have been quickly held to account, dismissed and barred from policing.

“While we note that several other Met officers await misconduct hearings following our investigation, today’s outcomes demonstrate that discriminatory behaviour will be investigated and dealt with swiftly and robustly.”