Port of Tilbury-Police Constable

[Fedster + 1,307]

Head of misconduct panel says purpose of hearing is not to punish officers.

 

Date - 1st August 2018
By - JJ Hutber at the Empress State Building

1 Comment

 

A constable who could have been dismissed because he failed to pay for his train ticket as he rushed to get to work has been given another chance.

PC Giorgos Gkionis sprinted through open barriers at Surbiton train station, south-west London, when running late for his shift on September 6 last year.

The 29-year-old was caught without a valid rail pass by a South West Trains revenue officer at Wimbledon station.

A misconduct panel found allegations of gross misconduct proven against the Metropolitan Police officer on Tuesday.

Pravin Fernando, legal representative for the force, said PC Gkionis’ borough commander at Kensington and Chelsea does not want him back and he does not see how the officer can fulfil any role as a constable in the force with gross misconduct on his record.

But Detective Chief Inspector Noel McHugh, of the homicide and major crime command, told the hearing earlier that he had been "blown away" by the PC’s work ethic and natural flair for detective work during two separate attachments to the unit.

Misconduct panel chairwoman Judith Gribble said: “Our analysis is PC Gkionis was under time pressure. He wished not to be late for work and made a very serious error of judgement. He rectified this error on being challenged.

“He should have reported this and did not. His actions on September 6 are serious and he only has himself to blame.

“An aggravating factor is his previous fixed penalty notice, albeit from a different circumstance.

“It was a catastrophic error in judgement. He was anxious to be late for work and we accept this demonstrates commendable dedication.

“We note his impressive references and passion for his job.

“We take account of his relatively young age and relatively short time in the Metropolitan Police.”

She added: “The purpose of sanction is not punishment. It is to retain public confidence in the police service.  

“Our view is that the public would view such breaches in these circumstances as a serious breach of misconduct but we appreciate the need for a proportionate response.

“We find the outcome to be final written warning.”

PC Gkionis was given his first fixed penalty notice on his second day of police training in July 2015.

Ms Gribble said she accepted his account that he was unfamiliar with London’s public transport system and mistakenly believed he would not need to buy a full Zones 1-6 travelcard as he was only passing through the central zones.

But PC Gkionis’ former sergeant Alasdair Campbell said he had no recollection of the officer at all and no memory of PC Gkionis reporting the fine to him.

Ms Gribble refused to accept PC Gkionis’ claim he had reported either the 2015 or 2017 penalties to his line managers.

She was also unconvinced PC Gkionis intended to pay for his ticket to Wimbledon or that he showed Mr Punnett his warrant card because he is a plain clothes officer and wanted to prove he is a “legitimate person.”

He was hoping to be “waived on”, she said.

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[Zulu 22 + 4,575]

Very lucky officer as he was dealt with under British Rail legislation regarding the non payment of ticket.  It would also have been covered by the criminal law under the offence nicknamed "Bilking"  He was commiting  an offence of fraud after all.

[Indiana Jones + 1,082]

Would he not have a Met Oyster Card?

[Growley + 2,436]

Would he not have a Met Oyster Card?

It only works on tubes and buses, plus a couple of other select services. It doesn't get you on normal Overground trains.

[sim + 32]

Would he not have a Met Oyster Card?

Yeah it’s only for TFL run services.

[MerseyLLB 8,426]

I'm sorry why would you have to declare a fixed penalty fare to the job? 

Should I declare my parking fines as well? When i forgot to pay the Dartford river crossing charge? My credit card late payment fee?

Edited August 4, 2018 by MerseyLLB

[ParochialYokal 1,119]

It only works on tubes and buses, plus a couple of other select services. It doesn't get you on normal Overground trains.

He was probably changing for the District Line at Wimbledon, whereby he could have exited Wimbledon using his MET Oyster or he could have exited the District line station that he was going to alight at in the Royal Borough of Kensington and Chelsea.

Who knows how many times he actually did this?

It’s also weird that he would be buying a paper ticket each day. Nobody does that in London.

[Hyphen + 693]

13 hours ago, MerseyLLB said:

I'm sorry why would you have to declare a fixed penalty fare to the job? 

Should I declare my parking fines as well? When i forgot to pay the Dartford river crossing charge? My credit card late payment fee?

Totally agree, I thought the same when I read it.

Ultimately the guy didn’t have a ticket, when challenged he got a penalty fare and paid it. Seems another over the top response.

[bensonby + 3,503]

17 hours ago, MerseyLLB said:

I'm sorry why would you have to declare a fixed penalty fare to the job? 

Should I declare my parking fines as well? When i forgot to pay the Dartford river crossing charge? My credit card late payment fee?

Because not having a ticket is a criminal offence. 

[MerseyLLB 8,426]

5 hours ago, bensonby said:

Because not having a ticket is a criminal offence. 

Respectfully, it's not. 

It's a byelaw offence. 

Travelling without a ticket is not the same as fare evasion - which is a criminal offence.

[bensonby + 3,503]

A breach of byelaws is a criminal matter dealt with in criminal courts. It may not be recordable but it is criminal. There is therefore a standing instruction in the Met (and I imagine elsewhere) that there is a standing instruction that you have to inform the force if you are dealt with for such matters.

[Zulu 22 + 4,575]

2 hours ago, bensonby said:

A breach of byelaws is a criminal matter dealt with in criminal courts. It may not be recordable but it is criminal. There is therefore a standing instruction in the Met (and I imagine elsewhere) that there is a standing instruction that you have to inform the force if you are dealt with for such matters.

It is in Police Regulations that you report any criminal offence. Failure to do so is a separate offence.

[Radman + 2,163]

3 hours ago, MerseyLLB said:

Respectfully, it's not. 

It's a byelaw offence. 

Travelling without a ticket is not the same as fare evasion - which is a criminal offence.

I say you can equate byelaw breaches to minor traffic offences, atleast I always do.

*Non-notifiable.*

*Highly Discretionary.*

*Useful Means to Get Talking/Encounter a suspect person.*

If we are dealing with someone and find out that an individual is a serving PC or staff it will be declared to their Forces PSD doesn't matter what the offence is. TOCs are similar and will show no mercy in this regards especially around London, cops have been warned enough and you just shouldn't risk your career ever over a fare.

Ticketless Travel as in the Byelaw is often used as a substitute for the criminal 5(3)A Travel Fraud Criminal Offence as it is far, far, far easier to prove... Infact I would say it is almost a 'found committing' offence, one which many law abiding members of public will commit this byelaw breach on a daily basis unknowingly just as they'll commit numerous other byelaw breaches on the station inadvertently...

Useful tool to have to deal with folk who are prolific fare dodgers but know enough about the system to muddy the waters just enough to avoid a conviction for 5(3)A Travel Fraud, where intent has to be proven. 

I'm a big believer that the byelaws in BTP world are a cops 'insurance' policy in order to justify and ensure an officer is covered for a whole range of potential actions when dealing with nuisance people. Be it building evidence towards a CBO, dealing with problem people or simply using as a means to engage someone behaving strangely or even loitering on rail property. They are a luxury that we thankfully have but seem to be falling out of favour with newer recruits who seem to be reluctant to use the powers granted to them by the byelaws... Complete opposite to what I was taught 10 years ago...

 

Edited August 5, 2018 by Radman

[MerseyLLB 8,426]

5 hours ago, bensonby said:

A breach of byelaws is a criminal matter dealt with in criminal courts. It may not be recordable but it is criminal. There is therefore a standing instruction in the Met (and I imagine elsewhere) that there is a standing instruction that you have to inform the force if you are dealt with for such matters.

But paying a penalty fare is not a criminal process in anyone's ordinary understanding of it.

As a supervisor I would not be questioning one of my staffs integrity or suitability to hold office for receiving a parking fine, rail penalty fare or any other such administrative financial penalty.

In fact a penalty fare is not the same as a fixed penalty notice so I'm surprised the Mets policy is so far reaching?

There are any number of reasons for ticketless travel - an inoperable permit to travel machine at outlying stations, a loss of a ticket... 

[Radman + 2,163]

20 minutes ago, MerseyLLB said:

But paying a penalty fare is not a criminal process in anyone's ordinary understanding of it.

As a supervisor I would not be questioning one of my staffs integrity or suitability to hold office for receiving a parking fine, rail penalty fare or any other such administrative financial penalty.

In fact a penalty fare is not the same as a fixed penalty notice so I'm surprised the Mets policy is so far reaching?

There are any number of reasons for ticketless travel - an inoperable permit to travel machine at outlying stations, a loss of a ticket... 

That's why it needs to be applied discretionally. Something the TOCs tend to forget at times.