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  1. He had been trying to collect his dog from kennels after a stay at hospital. Press Association file photo Date - 16th November 2018 By - JJ Hutber- Police Oracle A PC who was initially investigated for manslaughter has been hauled in front of a police performance panel to explain why a 63-year-old homeless man was forcibly ejected from a police station hours before he died. One of the first Metropolitan Police gross incompetence hearings held in public opened today at Empress State Building in West London. Pericles Malagardis, who was a familiar figure at Terminal 5 of Heathrow Airport, died at hospital after being found unresponsive outside Uxbridge Police Station at about 5.30am on March 5, 2016. He had come to collect his beloved Jack Russell Jango from kennels after a stay in hospital and refused to leave when told it would not be possible to collect him until the next morning. PC Bhupinder Kalsi, based at Hillingdon, is accused of failing to consider alternatives before ejecting Mr Malagardis from the building, using unreasonable force, omitting information requested by the London Ambulance Service and failing to follow instruction and training when dealing with unresponsive casualties. She is also alleged to have watched a DVD whilst on duty, supported the decision to lock the front door of the station and failed to exercise reasonable care in her treatment and monitoring of Mr Malagardis. In September 2017 the then-Independent Police Complaints Commission announced it referred the case to the Crown Prosecution Service (CPS) to consider a charge of gross negligence manslaughter against two MPS employees but neither were charged. Counsel for PC Kalsi, Kevin Baumber said she in no way denies she would have acted differently, had “fallen into error” and wanted to express her “remorse and apologies and condolences”. He said it is important the panel “eliminates hindsight” despite the “tragic outcome” of the case. “We have all seen homeless people sleeping, lying on a pavement,” he said. “None of us would want anything other than better circumstances but it is not unheard of or even uncommon - thousands of right thinking people walk past someone sleeping in a doorway in London all the time.” Mr Baumber argued that after being told he could not collect his dog until the morning, Mr Malagardis had no reason to be in the police station and in fact PC Kalsi would have been breaking the law if she allowed him to stay inside and smoke, as he insisted on doing. He said there is no official procedure or policy for PC Kalsi to follow under the circumstances and the police station is not allowed to be used as an overnight venue for the homeless. “There’s nothing to locking the door than a mechanism to enforce the ejection. “It’s a very efficient way of keeping him out. “He would have come back in and required ejection again.” Mr Baumber said PC Kalsi had in fact suggested alternative options for Mr Malagardis but he refused offers of help. According to Mr Baumber, paramedics assessed Mr Malagardis before his health dramatically deteriorated and his pain and respiratory rate was “normal”, found no cause for concern and were surprised at how good his mobility was considering his bandaged legs. “He was not a person brought there by crisis, he didn’t come asking for any help,” Mr Baumber said. “This is not one of these cases where the person had no choice but to be in the station. He’s not in custody. The duty of care applies differently. “There was nothing in the capacity of his visit to foretell this injury - no illness that was apparent that foretold a death. He didn’t present as ill. “Equally one doesn’t expect a person sleeping rough will personally be involved in circumstances that will prove tragic.” View On Police Oraclr

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