Met officer caught performing a sex act on train is STILL on the force
Outrage as Met Police officer who was caught performing a sex act on a train is STILL on the force six years later – and the disciplinary chair who let him off with a warning rose to Deputy Commissioner
- PC Terry Malka carried out a drunken sex act in a First Class train carriage
- It follows Sir Mark Rowley acknowledging some officers are ‘criminals in uniform’
A Scotland Yard officer who carried out a drunken sex act on a train is still serving in the force, it has been revealed.
Bosses at the Met last night ordered a probe into PC Terry Malka, saying that if he would be sacked if it had happened today.
PC Malka was caught by train staff trying to hide his genitals with a headrest cover as he carried out a lewd act in a First Class carriage.
A judge said the chance of the 33-year-old being able to keep his job was ‘close to zero’ after he was convicted of outraging public decency in 2018.
But in an extraordinary case, the constable was allowed to keep his job after trying to excuse his behaviour claiming he had a sleep disorder, had been working long hours trying to solve moped muggings and was suffering from priapism, a condition which causes persistent and painful erections.
PC Terry Malka was caught by train staff trying to hide his genitals with a headrest cover as he carried out a lewd act in a First Class carriage
A judge said the chance of the 33-year-old being able to keep his job was ‘close to zero’ after he was convicted of outraging public decency in 2018
He escaped with a final written warning.
Now his case is under review by Scotland Yard after a commander admitted that he wouldn’t still be in the job if it had happened today.
It comes after Commissioner Sir Mark Rowley acknowledged last year that hundreds of Scotland Yard officers are effectively ‘criminals in uniform’ and should be sacked.
Britain’s top officer has expressed frustration that the force is unable to oust those who have been spared the sack by misconduct panels, which are often led by independent chairs as well as senior officers.
In the latest appalling case, the chair who let off PC Malka with his warning was Sir Mark’s former colleague, Helen Ball, then the Met’s Assistant Commissioner who rose to Deputy Commissioner under Dame Cressida Dick.
Following her retirement in August, Sir Mark described the top officer as a ‘formidable leader of the utmost integrity’.
But yesterday the Met Commander in charge of professional standards questioned the judgement in the case, saying the force hasn’t always been ‘tough enough’ and ‘reached the right decisions on wrongdoing’.
Commander Jon Savell added: ‘He was given a final written warning in 2019 and as a result he continues to be employed.
It comes after Commissioner Sir Mark Rowley (pictured) acknowledged last year that hundreds of Scotland Yard officers are effectively ‘criminals in uniform’ and should be sacked
‘We would not expect this to be the outcome if a similar case was considered today.’
Details of the incident in December 2017 first emerged at Lewes Crown Court when PC Malka pleaded guilty the following year.
Prosecutor Edward Hand said the officer appeared to have been drinking and had fallen asleep in a train toilet missing his stop on his way home to East Grinstead. The officer then had to make the return journey to Gatwick after being advised there were no more trains to take him home.
Mr Hand said: ‘Just after 10.55pm a railway employee looked into a train and saw this defendant masturbating inside a carriage.
‘He was slouched in the chair with his legs open with a head cover from one of the seats in this hand.’
Station staff alerted the train guard who asked for his ticket, but PC Malka simply waved his Met warrant card.
Mr Hand said: ‘The train staff noticed he appeared to be masturbating again.
‘He reached over and took another headrest cover off another seat.’
When the officer was arrested he initially made no comment, but then tried to claim he suffered from a sleep disorder when shown CCTV of the incident.
Details of the incident in December 2017 first emerged at Lewes Crown Court (pictured) when PC Malka pleaded guilty the following year
He later changed his plea to guilty after an expert could not confirm his claim.
Ordering Malka to carry out 100 hours of community work, Recorder Benjamin Gumpert QC told the court at the time: ‘It seems to be agreed the chances of you continuing in the Met Police are close to zero.’
But he was allowed to continue working in an office-based role in the South Area Command Unit after a disciplinary hearing in March 2019.
Yesterday Roy Ramm, a former Met Commander told LBC: ‘The conduct that is described is completely unacceptable. He is precisely the kind of officer who should not have been in the Met. He should have been sacked at the time.’
Chair of the Home Affairs Select Committee, Dame Diana Johnson, said it was ‘wholly unacceptable’, adding: ‘It just seems incredible that officer is still serving. It should have immediately led to his dismissal’. Dame Vera Baird, the former Victims Commissioner said there were ‘serious questions’ for the force to answer.
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