Met Police officer accused of pinching female colleague's waist in 'fat test' at workplace gym and saying he had 'proper sex dream' about her could be sacked
A Metropolitan Police officer could be fired after being accused of pinching a female colleague's waist to 'fat test' her in a workplace gym.
PC Mark Neale faced a police disciplinary panel after a female colleague said he 'pinched her hips' when she remarked about 'feeling fat'.
He also allegedly told the same workmate of having a 'proper sex dream' about her.
The panel threw out the gross misconduct charges against him in February last year without hearing his evidence - but Met Commissioner Sir Mark Rowley has since challenged that decision, claiming it was wrong.
And now High Court judge Mr Justice Fordham has ruled PC Neale must return to face a full disciplinary hearing before a different panel.
PC Neale is accused of having touched his colleague's waist during a workout in 2022 and suggested he bring his 'fat callipers' the next time she was in the gym.
He later added in a WhatsApp message that he gained 'sexual gratitude' from the act, London's High Court heard.
The colleague complained to police chiefs, while also citing an allegation of having her bottom pinched on an earlier occasion and feeling shocked by a message about PC Neale having woken up from a 'proper sex dream' about her.
A police misconduct panel last year dismissed the 'gross misconduct' complaints against him without hearing his answer to the allegations.
Scotland Yard boss Sir Mark then took the case to the High Court, fighting to overturn the panel's decision and resurrect the 'gross misconduct' allegations, which could see PC Neale sacked if found guilty.
And after a day in court, Mr Justice Fordham ruled in favour of Sir Mark - deeming the misconduct panel 'fell into public law error in dismissing this case at half-time' before hearing testimony from PC Neale.
The judge said: 'The case should have proceeded to conventional completion, hearing the evidence adduced on behalf of PC Neale.
'That way, both sides of the story would have been heard and tested before the panel then addressed its preferred view of the evidence, with relevant findings of fact.'
The court heard that PC Neale was a Met officer since 2012 who faced the claims after a female colleague accused him of inappropriate touching in a police gym.
She alleged he had first pinched her bottom and then, after she made a comment about putting on weight while training several months later, PC Neale had did similar with her waist with his fingers - as though 'fat testing' her with callipers.
Although she said she had not considered it sexually motivated at first, she said he had followed it up with WhatsApp messages which changed her mind.
Met barrister Cecily White told the judge: 'Her evidence in relation to this allegation was that while she was training in the gym and chatting to PC Neale about her fitness programme, after she made a comment about feeling fat, PC Neale came over and "pinched [her] side like a trainer would do when they're testing fat with callipers".'
Ms White quoted PC Neale's colleague as saying: 'I remember him pinching my side almost as if to simulate fat callipers.'
The barrister added: 'She explained that this act of pinching was "followed up by a WhatsApp message he sent me, asking if I was ready for his fat callipers - and then he commented that the fact that he gets sexual gratification from it is beside the point".'
PC Neale denied inappropriate touching, but accepted he sent the messages in the course of a lengthy exchange of flirtatious exchanges between the colleagues.
Mr Justice Fordham said: 'His case was that there was simulation of a fat calliper but that at no time did he touch her.'
For the Met Commissioner, Ms White argued the misconduct panel was wrong to dismiss the misconduct allegations, which she described as being supported by sexually suggestive messages.
One in August 2021 informed the woman that PC Neale 'had just woken from a "proper sex dream" about her and "wanted to make sure" he told her about it,' the barrister said.
The woman's formal complaint labelled PC Neale's attentions as 'unsolicited or requested' and highlighted a series of message focusing on her personal appearance and peppered with 'sexualised remarks about her body'.
Although he accepted sending the messages, PC Neale denied touching the woman - insisting the pair had enjoyed an ongoing 'dialogue' which was 'flirtatious' at times.
His colleague had also invited him to an evening of 'Netflix and chill' even after receiving the 'sex dream' message which she claimed outraged her, he said.
The case against him was dismissed 'in its entirety' by the panel in February last year after a finding he had no case to answer.
Ms White argued that decision was wrong and the allegations should be decided again by the panel.
She added: 'Sexual misconduct on the part of a police officer, if found proven, is to be regarded as especially culpable because of the impact that sexual misconduct can have on public trust in the policing profession,.
She said WhatsApp messages, including the 'sex dream' mention, were 'logically capable' of supporting the allegations of 'non-consensual and sexually motivated' touching.
Ms White also described as 'irrational' the waist pinching allegations being dismissed on the basis that, if it did happen, there was no evidence of sexual motivation.
The barrister said: 'Her evidence that she had not regarded the pinching as "sexual" at the time, but only when she received the WhatsApp message afterwards to this effect, did not dispel the inference that the pinching had in fact been sexually motivated - it merely suggested that she only belatedly realised this.'
PC Neale has steadfastly denied touching or pinching his colleague's bottom and also rejected claims he 'pinched her waist as alleged or at all,' the court heard.
In his defence, he said he had 'simulated giving a reading of her weight from a fat calliper whilst jokingly referring to her weight in response to her comment.'
The officer accepted having sent his colleague a series of WhatsApp messages, but disputed there was any inappropriate sexualised content, the court heard.
His barrister Amina Graham denied that the 'sex dream' message showed any link to the alleged bottom pinching incident.
She said: 'It was the officer's case was that they had a flirtatious relationship and that he considered it possible that a relationship might develop between them.
'The panel found that her evidence in respect of the WhatsApp messages was inconsistent, contradictory, lacked credibility, and inherently weak.'
In relation to the alleged waist pinch, she continued: 'The allegation was one of sexual assault in circumstances where there was no, or insufficient, evidence that the physical act, if committed, was a sexual one. In those circumstances, the allegation was bound to fail.'
Ms Graham said the Met Commissioner had sought to 'retrospectively import some form of 'sexual gratification' to what was a non-sexual act on the basis of a WhatsApp message 'open to interpretation in any event'.
Ruling against the panel, the judge said they should have taken more account of the social media messaging that could have shed light on PC Neale's possible motivation.
He told the court: 'I cannot accept that the panel was entitled to reach their conclusion for the reasons they gave.
'The appropriate course will be to quash the panel's decision and remit the case for reconsideration by a freshly constituted panel.'
All the claims against PC Neale remain unproven, the court was told - with his full version of events yet to be heard.
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