Key witness in police funded civil action is a proven liar

KENYON_MADGWICK

In a sensational and very recent development it can now be proved that the central witness in North Yorkshire Police‘s High Court pursuit of two journalists over harassment claims is a liar.

And not just a little white lie, either. There is at least one whopper that could land Jane Kenyon-Miller in a criminal court.

Documents seen by me as part of extensive enquiries into the background of a police investigation, codenamed Operation Hyson, show that she made a false statement in an earlier and directly connected police probe, Operation Rome. Both these operations sought to silence critics of the force who were seeking to expose police corruption.

As Mrs Kenyon-Miller’s statement was made pursuant to Criminal Procedure Rule R27.2, Criminal Justice Act 1967 and under a declaration that states ‘I shall be liable to prosecution if I wilfully state in it anything which I know to be false, or do not believe to be true’, this leaves the police with a serious problem. Do they apply the law without fear or favour, or bow to her influence as former Chair of North Yorkshire Police Authority and friend of the Deputy Chief Constable, Tim Madgwick (pictured above with Jane Kenyon as she was then known).

That particular lie concerns Mrs Kenyon-Miller’s association with troubled American company, Belvedere Computers Inc. She remains listed as the Chief Financial Officer and Agent for Service: A matter of indisputable fact that she has consistently tried to conceal.

Screen Shot 2016-03-02 at 20.00.27

In her CJA statement, given to Operation Rome detectives in 2012, she stated that Belvedere was wound up in 1983. The truth is that the company’s two officers left a trail of creditors and unpaid staff behind them when they returned to the UK. The company is still listed as suspended – not wound up – and there are ongoing Federal and State tax liabilities accruing. It was unpaid taxes that led to the suspension of the company by the California Franchise Tax Board (see graphic above).

The Chief Executive Officer of Belvedere Computers Inc is Thomas William Miller, the long-term life partner and recent husband of Jane Kenyon-Miller.

Mrs Kenyon-Miller has also claimed in another statement that she resigned as Secretary from Belvedere in 1980. Below is an image of a microfiche of the last company document ever filed with the California Secretary of State. It shows her still holding two official postions with the computer company.

Screen Shot 2016-03-02 at 20.11.42

Belvedere is not the only failed company with which the Kenyon-Millers have been associated. In 2009, Pickering based Dales Timber Ltd crashed owing over £200,000. Bill Miller was sole Director and Jane Kenyon was Company Secretary. A police investigation followed this latest failure, but no charges were brought. The victims of the alleged fraud, which include one of Mr Miller’s sons, remain bitterly disappointed in how the matter was dealt with by the police. I have interviewed Jeremy Miller and his wife, Karen, at length regarding this. I have also spoken to Bill Miller’s ex-wife, Pamela.

Since then, other lines of enquiry have been opened up and two other crucial witnesses have come forward to also give witness statements and provide contemporaneous documents. New light can now be shone onto these failed ventures and the emerging picture is one that does not show the best side of North Yorkshire Police. There appears to have been a sustained cover-up designed to shield Bill Miller and Jane Kenyon from any form of sanction.

The police cannot claim that they haven’t been provided with the necessary clues: A more detailed analysis of the chequered life and business times of Bill Miller, and the former Jane Kenyon, can be absorbed from this outstanding piece of forensic journalism posted on the Real Whitby website as long ago as 2012 (click here).

Returning to the Jane Kenyon-led harassment claims, Operation Hyson is the codename for the civil court action being financed from police funds. It is estimated that the final cost of Hyson may be in excess of £500,000. Mrs Kenyon-Miller’s personal benefit, in free legal fees, would in that case be in excess of £50,000. Her friend, DCC Madgwick is also claiming to have been harassed by journalists and is receiving a similar amount of free legal fees.

It is a well grounded belief that Mrs Kenyon-Miller, a Borough and County Councillor for many years, was the driving force behind Operation Rome. A spectacular and embarrassing failure for North Yorkshire Police which, they say, cost the taxpayer a sum close to £410,000. More than the money spent on the second stage of the murder hunt for the killer of Claudia Lawrence (read more here). Operation Hyson was started immediately after Rome collapsed, seemingly on the same money no object principle.

Given her business background, and chequered family history, it is almost beyond incredible that Jane Kenyon held the legal and financial portfolios at Scarborough Borough Council until recently.

Other official documents that I have seen confirm that Mr Miller is currently the subject of at least one Department of Work and Pensions fraud investigation with a hearing planned within the next few months: A matter about which his wife, Mrs Kenyon-Miller, claims to have no knowledge.

The civil court case is on-going so further comment regarding its merits or likely outcome is not possible at this time.

Comment has been sought from Police and Crime Commissioner Julia Mulligan, who has authorised the legal funding of Mrs Kenyon-Miller’s civil harassment claim, and the Chief Constable, David Jones, who is a co-claimant in the civil action and fellow recipient of free legal fees. Both (pictured below) claim to be committed to embedding the Code of Ethics into their police force.

Chief-Constable-Dave-Jones-and-Commissioner-Julia-Mulligan-380x254

A North Yorkshire Police spokesperson provided this response on behalf of the two police chiefs: “Due to ongoing legal proceedings it is not appropriate for them to make comment at this time”.

A follow-up question has been put to the force that does not impact on the civil court case: ‘Is it the policy of NYP to prosecute offenders who make deliberately false CJA statements in criminal investigations?’

This is their response: ‘It would be inappropriate for North Yorkshire Police to comment’.

A further clarification has been sought on the basis that they did not understand the question. The question regarding CJA statements was then passed to the Chief Constable’s office on 4th March, 2016.

A more detailed background piece I wrote last year on Jane Kenyon-Miller, a person whom I met when I was Managing Director of the Scarborough Evening News, can be found here.

This page last updated: Friday 4th March, 2016 at 2125

_____________________________________________________________

© Neil Wilby 2015-2016. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

The North Yorkshire Police dilemma: Find a murderer or pursue journalists over alleged harassment.

Claudia Lawrence, a chef at York University, was 35 years old when she went missing in 2009. She was spotted on her way to a 6am shift at work but never arrived and hasn’t been seen since.

Claudia-Lawrence-Someone2-H

Her disappearance was treated as murder, six weeks after her disappearance, and it is the view of some that North Yorkshire Police (NYP) bungled the initial investigation, codenamed Operation Cabin and led by Detective Superintendent Ray Galloway. The police also managed to upset the Lawrence family almost from the start. Not least by issuing a photograph of Claudia with the wrong colour hair soon after she went missing but, mostly, by profiling her as a promiscuous woman with ‘a secret life’.

Claudia’s parents, Peter and Joan Lawrence, and her elder sister, Ali Sims, have campaigned persistently and effectively to keep the case in the public eye and to try to achieve some sort of closure into what is an unimaginably traumatic experience for them and the rest of their family.

North Yorkshire Police undertook to review the Claudia Lawrence case in 2013 following the formation of a new Major Crime Unit based in Harrogate. The original Operation Cabin investigation had reportedly cost £750,000 (read more here) and involved thousands of police man hours but produced no arrest and no trace of Claudia, whatsoever.

Since then, detectives led by Detective Superintendent Dai Malyn (pictured below) have carried out a number of high-profile searches as part of what is now known as Operation Essence. Four local suspects are currently on bail as the Crown Prosecution Service consider a file of evidence sent to them in December, 2015. One was arrested in March, 2015 with the other three detained the following month. All were released without charge.

dai malyn nyp

In May, 2015 a freedom of information request made by the York Evening Press revealed that Operation Essence had been costed at £398,415 up to January, 2015 with 20 staff attached to the investigation.

Remarkably, that figure spent on finding the murderer(s) of Claudia Lawrence is LESS than NYP spent on Operation Rome, which was an investigation into one member of the public and two journalists for alleged harassment on the internet, or via email. Rome involved 14 officers from five departments over a 31 month period and cost £409,970 (see breakdown of costs here). Like Operation Cabin, Rome was a failure and didn’t produce a single arrest.

Also, like Cabin, the ill-starred and poorly executed Operation Rome now has a successor investigation: Operation Hyson. The pursuit of the journalists goes on and, this time around, the harassment case is one being pursued through the civil courts, using police money. The final cost of Hyson is likely to, again, be over the published figure for the second phase of the Claudia Lawrence probe.

What follows, therefore, has to be a question to the police about their priorities. Is solving the highly published mystery of the missing chef really not as important to the force as attempting to silence journalists?

Answers on a postcard to either: PCC Julia Mulligan at her Harrogate HQ or the Chief Constable at Newby Wiske police HQ.

Newby Wiske Jones Mulligan

 

Page last updated Monday 29th February 2016 at 1340hrs

_______________________________________________________________

© Neil Wilby 2015-2016. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

‘Complete capitulation’ follows the fall of Rome

The decision of the North Yorkshire Police and Crime Commissioner (PCC), Julia Mulligan, to use a blank cheque drawn on policing funds to finance a civil harassment claim is one that has already attracted a good deal of controversy. With more certain to follow as the case unravels.

maxresdefault

Efforts at unpicking both the history and the rationale behind this extraordinary and unprecedented decision have so far met with obfuscation, obstruction and downright lies from the police and the PCC’s office. Paint in a gratuitous smear, or two, and the picture is complete of a police force and an elected policing representative deeply resenting any form of scrutiny.

This report draws on information from a variety of sources. Most of it routine for an investigative journalist – published articles, freedom of information requests, Google searches, trawls of court and public records, telephone or face-to-face interviews with those involved who are willing, or able, to talk.

But this particular probe has also ventured into the less usual: clandestine meetings with informants, unannounced telephone calls from ‘no caller ID’ numbers, correspondence with a prisoner in jail, materials pushed through the letterbox or sent anonymously via post.

It is also clear, upon their own admission, that emails and letters sent to police HQ and the PCC’s office in connection with a legal challenge to the funding have either been interfered with, or disappeared. An extraordinary situation by any measure and one which the Independent Police Complaints Commission (IPCC) were asked to examine. Unsurprisingly, the IPCC completely avoided any mention the issue in a recent appeal assessment that ranks as one of the worst I have ever seen.

The pleadings in the civil court dispute, the merits of the case, or the people involved in it, form only a peripheral part of this report. It is the funding decision, and the actions leading up to it, that is the core subject of scrutiny. The formal Decision Notice was published by Mrs Mulligan on 29th September, 2015, almost twelve months after one of her employees authorised expenditure of a huge amount of taxpayer cash on a private legal matter – and exactly four months after the absence of the notice was drawn to the attention of her staff.

Indeed, it would not have been published at all were it not for considerable pressure exerted on social media (see example below); or by way of a formal complaint to the Police Scrutiny Panel in July 2015 concerning the absence of the notice from her website and via email communications between the Chief Constable’s Finance Officer, Jane Palmer, and myself in August 2015 regarding inspection of the police force’s annual accounts.

Screen Shot 2016-02-12 at 11.16.55

The complaint raised against Julia Mulligan also particularised, amongst a number of other issues, concerns about the PCC not holding her chief constable to account over serial failings in the disposal of freedom of information requests (read more here). Despite the Scrutiny Panel, incredibly, not upholding the complaints concerning either the missing Decision Notice or the FoI failings, it has become clear that nine information requests made prior to October 2015 concerning the harassment claims are still unfulfilled. This nugget came from the North Yorkshire Police’s own Civil Disclosure Unit in an outcome dated 8th January, 2016 to Ms Angela Snodgrove, via the What Do They Know website (see NYP outcome here), and gives a clear indicator of the police mindset in seeking to conceal the truth over this financial farrago. A check on NYP’s FoI disclosure log suggests that they are all still unfulfilled.

The police investigation that led to the issuing of the civil harassment claim is styled Operation Hyson. It has been established that Hyson began almost as soon as its predecessor, Operation Rome, ended on 17th July, 2014. Rome was a criminal investigation which focused on two of the three defendants in the civil claim. Opened at the end of 2011, it was a complete, embarassing, and very costly failure for the force. It cannot be judged any other way when detectives spend 31 months attempting to prosecute three people for harassment, without even issuing a singe Police Improvement Notice (PIN) and interviewing only one of the three ‘suspects’?

The fall of Rome was also a major blow to former Police Authority Chair, Jane Kenyon, who was a prime mover behind Operation Rome and reportedly livid when the Crown Prosecution Service refused, on two separate occasions, to prosecute the ‘suspects’ of allegedly harassing her.

Miss Kenyon is also a central figure in the civil claim and, of course, a long term political ally of the Police Commissioner who is funding the legal fees.

A clue to the timings is found on an invoice from barrister Simon Myerson QC in which he refers to both Rome and Hyson (named after a Chinese green tea called Lucky Dragon). The first Hyson conference appears to be a near five hour marathon at Newby Wiske police HQ on 6th August, 2014 which plainly featured Mr Myerson. This meeting took place just over two weeks after Deputy Chief Constable Tim Madgwick had written to the alleged harassers saying there would be no criminal action taken against them. DCC Madgwick (pictured below) is another pivotal claimant in the civil case who is benefiting from – and presumably voted for – a huge amount of public funds to finance his private legal claim over his hurt feelings. He is also a friend of Miss Kenyon and corresponds with her in familiar terms.

tim_madgwick_worried_portrait

From documents disclosed to me it is also clear that following the initial Hyson meeting  Mr Myerson’s junior barrister, Hannah Lynch, spent every day for two weeks at police HQ in Northallerton, beginning 11th August, 2014, in conference about the newly instigated investigation. Whilst it is not known who else was present at these daily conferences we do learn from Miss Lynch’s invoices to NYP that Operation Hyson was the subject matter.

It was abundantly clear that, from its outset, Hyson was a major financial undertaking for the police force. It is also reasonable to infer that the police decision to proceed with the civil harassment claim – and fund it – had been taken at the 6th August meeting between the police and Mr Myerson. If not, before.

On October 3rd, 2014 it is claimed that the PCC and the Chief Constable say that they verbally tasked the Force Solicitor, Jane Wintermeyer, with collecting what are described as ‘manual estimates’ from five different departments that had allegedly incurred costs in pursuing Operation Rome. Four days later, the senior partner of Leeds solicitors Ford and Warren, Nick Collins, began billing North Yorkshire Police.

Another recent freedom of information request has revealed that Mrs Wintermeyer was Mr Myerson’s instructing solicitor prior to 7th October. Enquiries have also revealed that no lawyers ‘beauty parade’ took place before the awarding of a very substantial legal engagement to Mr Collins’ firm. NYP tell me that a process called a Single Access Tender (SAT) was invoked after Mr Myerson recommended Ford and Warren as his preferred instructing solicitor. Further details of that SAT, and the supporting documents behind it, have now been requested from NYP. The chronology put forward previously, concerning the events surrounding these legal arrangements, give rise to the strong suspicion that those documents may not exist.

An estimate of £202,000 was given to the police for the cost of the legal action fronted by Ford and Warren. This would, of course, also include the services of counsel, Mr Myerson and Miss Lynch, but exclude Value Added Tax (VAT), the treatment of which may yet become a controversial issue for the force if it has been reclaimed by them as input tax.

By 8th October, 2014 Miss Lynch had clearly started billing for preparation work on the civil harassment claim and another conference – the twelfth in just two months – took place at police HQ, involving her, two days later.

According to Mrs Wintermeyer, yet another conference took place soon after – on October 15th, 2014 –  at which the PCC’s Chief Financial Officer, Michael Porter, was asked to ‘authorise expenditure that would allow proactive legal action in respect of the alleged harassment of persons including NYP officers and staff‘. Mr Porter splits his role under Mrs Mulligan with similar duties for the Cleveland PCC. Mr Myerson was also present at this meeting.

CachedImage.axd

The ‘manual estimates’ for the Operation Rome costings were delivered on 12th January, 2015. The total put forward by Mrs Wintermeyer was £409,970.90 (the breakdown of her costings can be viewed here).

Fourteen officers had, allegedly, been involved in the Rome investigation and whilst the legitimacy of some of the number of hours, days and months actually dealing with harassment – as opposed to other viable complaints, correspondence or criminal enquiries – need to be clarified, the hourly rates used in the calculations appear highly questionable. To the extent that NYP have been tasked via another Freedom of Information Act (FoIA) request to provide substance to their figures. For example, the rate for an hour of a chief officer’s time is £35.93 whilst detectives investigating harassment (presumably at detective constable and sergeant rank) are rated at £23.24. Common sense suggests that both cannot be correct.

North Yorkshire Police have broken the law (yet again) in failing to determine that FoIA request within the statutory 20 working day period.

It would also strike the independent observer as odd that ‘back of the envelope’ cost calculations should take over three months to collect and collate, by the Force Solicitor, when both Mrs Mulligan, and the Chief Constable, each employ a highly remunerated and professionally qualified Chief Financial Officer. Both of whom might, reasonably, be expected to have such details at their fingertips.

Another curiosity is that a FoIA request determined jointly by NYP and the PCC on 1st December, 2014 stated that they could ‘neither confirm nor deny’ that the same financial information being collected by Mrs Wintermeyer actually existed (read FoI decision here).

A more recent FoIA outcome (1oth March 2016) delivered by NYP via the WhatDoTheyKnow website (read in full here) casts even further doubt onto the authenticity of the £410,000 estimate. NYP say that Mrs Wintermeyer’s costings were not even broken down year by year (2011, 2012, 2013 and 2014) which any book-keeper, with an ‘O’ level in mathematics, would deem to be a basic requirement. How can some officers have analysed their time down to the minute and, yet, not know the date they allegedly did the work on Operation Rome? The whole Wintermeyer exercise lacks a ring of truth. A remark that can also be made about a number of her contributions to Operation Hyson. To the extent that she is now the subject of formal Code of Ethics complaint (read more here)

On the same day as Mrs Wintermeyer’s ‘costings’ were delivered to her employers (12th January), she says ‘advice was provided to the PCC regarding the lawfulness of expending money from the police force budget for Operation Hyson’. She doesn’t say from whom, but goes on to say ‘On or about January 13th, 2015 advice was provided from a leading barrister‘. It is not clear upon whose instructions that the ‘leading barrister’ was acting, what those instructions actually were, or the advice given, or to whom, as Mrs Wintermeyer is claiming legal privilege. Curiously, Mr Myerson on his detailed invoice for the day in question makes no mention of providing such opinion.

Following publication of this article, Mrs Wintermeyer has backtracked from her 13th January claim and has now put forward another unlikely proposition: That Mr Myerson gave the Police Commissioner his professional opinion over the vires of the funding of the civil claim in open meeting on 15th October, 2014. Whilst, seemingly, not instructed by solicitors retained by her.

Less than a week after the highly questionable Operation Rome costings and purported legal advice were given to Mrs Mulligan and the Chief Constable, Mrs Wintermeyer says the decision was made to issue civil proceedings against the subjects of the Rome criminal investigation.

But the date given for that decision – on or about 19th January, 2015 – cannot be true, for a number of reasons. It must been taken been taken months earlier. Operation Hyson, as we know from Mr Myerson’s invoices, was underway almost as soon as Rome collapsed in July 2014. Hyson is, to all intents and purposes the collection of evidence for, and the pursuit, of the civil litigation. Another clue is that, according to a very reliable source, three of the claimants’ witness statements were drawn up and signed before 19th January. Another clue from Mr Myerson’s accounts is that he was working on his skeleton argument and a draft order on 13th January.

But the most compelling reason is that the huge amount of materials exhibited with the harassment claim form could not have possibly been assembled, printed, collated, boxed and sent to the court, the nine claimants and three defendants on the following day. It takes a porter’s trolley to wheel them into court. Included in those boxes full of lever arch files is a witness statement from Mrs Wintermeyer that names twelve other individuals as potential claimants in the harassment proceedings, including the Temporary Chief Constable of Cleveland Police, Iain Spittal (pictured below); retired NYP ACC Steve Read and five other NYP officers. Two of them at managerial rank. Four of them still serving and one retired.

JS70328136

That statement also makes clear that approaches had been made by Mrs Wintermeyer to councillors and officers of North Yorkshire County Council, City of York Council, Scarborough Borough Council and Leeming Parish Council, amongst others, to canvass backing for NYP’s harassment claims. This is a process that must have taken weeks and months, not hours.

It is not clear upon whose instructions Mrs Wintermeyer was acting, in what appears to be unethical touting using the temptation of free legal funding, courtesy of the unwitting taxpayer, in the name of North Yorkshire Police. It is unprecedented and scandalous conduct by a police force, or any other public authority for that matter, following extensive searches to find a similar example. For a solicitor (and an officer of the Court) to indulge herself in such practices may also pose regulatory, or court procedural, issues.

Significantly, the number of claimants has seemingly reduced by one, not increased: Retired Superintendent Heather Pearson (pictured below) no longer appears on formal court documents, including the Consent Order agreed on 9th February, 2015. The fact that her witness statement was not signed, or dated, at the time of service may have a bearing on that. Ms Pearson was a senior officer on the failed Rome investigation under DCC Madgwick’s direction. By contrast, none of the twelve named by Mrs Wintermeyer, or the many other and so far unnamed public officials, have come forward to join in the financial free-for-all.

police.jpg-pwrt3

But it was at the end of January 2015 where it all started to go wrong for the police, its PCC and all the others involved in Operation Hyson. Having taken almost six months gathering information for their legal claim, the decision was taken to abandon the Court’s strict requirement for pre-action protocol to be followed. This involves a letter before claim being served on defendants so that they can marshall their own resources and attempt to narrow issues between the parties, before the expense of court costs is incurred. A decision made all the more extraordinary insofar as the principal target of the litigation, Mr Peter Hofschröer, was incarcerated in HMP Wandsworth, having been arrested by NYP in York city centre six weeks earlier.

The court papers show that they were sealed on 20th January and it has been established that process servers were engaged to hand them to the defendants the day after. The cost of that exercise was over £1,000 for delivering two boxes containing fourteen oversized lever arch files to three addresses.

An interim hearing date at Leeds High Court had already been set for 9th February, 2015 by the time proceedings were filed and served. Whether the defendants were available to put their case to the judge, or not.

On the face of it, the action of the police gave every appearance of a legal ambush. It is also a fair assumption that they either did not expect the two journalist defendants, Tim Hicks and Nigel Ward (pictured below), to turn up at court – or they would attend unrepresented and find themselves facing a leading QC and a junior barrister.

nigel-ward-300x3001

In the event, after a hasty scramble, representation was arranged for the journalists via Nottingham law firm, Bhatia Best, and London human rights barrister, Ian Brownhill. It was a smart move as no injunctive relief was granted for the nine claimants and there was no order for costs. The Daily Mirror journalist in court at the time, Mark Lister, described the Consent Order agreed by Mr Brownhill and Mr Myerson as ‘a complete capitulation‘ by the police’s lay claimants.

Mr Brownhill also raised the moot point that, in his opinion, the funding of the civil action by the police was potentially ultra vires or in layman’s terms, in breach of common law. NYP’s legal team had, at first, tried to conceal from the defendants’ lawyers that the police were, in fact, financing the claim. Nowhere, in fourteen lever arch files of pleadings, could a certificate of funding be found. Which hardly suggests that NYP were brimful of confidence that such an arrangement would withstand judicial scrutiny.

Neither did the fact that Julia Mulligan had opted not to inform the North Yorkshire taxpayers about the fact that she had committed well over £200,000 of their money, taking sides in what her solicitor describes, disingenuously, as a ‘family dispute’. No formal Decision Note was published in October 2014 when the agreement to spend this money was allegedly made with the Chief Constable and, as rehearsed in some detail above, the public would not have been informed at all without my intervention. A fact admitted by Mrs Wintermeyer in correspondence between us.

This refusal to publish details of the decision to fund a private legal claim does not sit easily with the PCC’s repeated assertion of ‘openness and transparency’ in her approach to her elected representative role or, indeed, her lawful obligations under the Elected Local Policing Bodies (Specified Information) Order, 2011 at Schedule Part 1 5(d) which states: ‘a record of each decision of significant public interest arising from the exercise of the elected local policing body’s functions, whether made by the body at or as a result of a meeting or otherwise

Mrs Mulligan, Mrs Wintermeyer and the PCC’s Chief Executive, Joanna Carter, are all silent over what they knew about Operation Hyson – and they are all also currently claiming it is uncosted as far as NYP internal charges are concerned – from its inception at the beginning of August 2014 until the meeting on 15th October, 2014, where it is said that Mr Porter approved the expenditure of Ford and Warren’s budget estimate of £202,000.

Ms Carter was Treasurer to the defunct North Yorkshire Police Authority (NYPA) from 2005 to its cessation. A very troubled period in which there were repeated scandals over alleged misuse of public funds by senior police officers. Throughout that period Jane Kenyon was, significantly, Chair of NYPA.

Piece by piece, the picture on the front of the Lucky Dragon jigsaw box begins to shape up.

By May 18th, 2015 the legal costs incurred by solicitors and counsel retained by NYP on Operation Hyson had run up to £141,737.94, almost 75% of the budget. On 29th May I first raised my disquiet with Mrs Mulligan, and her staff, about the missing Decision Notice and lack of other information to which taxpayers were entitled. Those legitimate concerns were studiously ignored.

Poor engagement with constituents, and journalists, has been a consistent feature of the PCC’s tenure and she has twice been upbraided by the Police and Crime Scrutiny Panel (PCP) on this issue. On one of those occasions, in December 2013, she was asked by the PCP to apologise to one of the two journalists involved in this action as defendant, Tim Hicks. Mrs Mulligan has steadfastly refused to do so ever since. Not only undermining her own credibility, bringing the complaints system into disrepute but, most crucially, calling into question her own personal motivation for funding the costly harassment action against Mr Hicks, with the public’s cash.

A case management hearing on 26th June, 2015 was the next court outing for the police’s high-powered and hugely expensive legal battalions, which no doubt contributed to the uplift in the lawyers’ bills to £164,602 by the end of September. This was the figure published in the long-overdue Decision Notice which appeared, unheralded, on the PCC’s website on the 29th of that month.

Submissions made by Mr Myerson in his skeleton argument ahead of the June hearing included the false claim that I had been in Leeds High Court on 9th February (rather than in my sick bed at home) and an equally ludicrous assertion that I had ‘harassed’ Chief Constable David Jones and eight other claimants by posting articles and messages on behalf of Messrs Hicks and Ward. This harassment claim was not particularised, which was unsurprising as there are no such harassing articles or messages. Significantly, there has been no contact from either Mr Jones or his police force, since the hearing, that remotely concerns such allegations. It amounted to nothing more than a blatant attempt by North Yorkshire Police to smear.

Screen Shot 2016-02-14 at 17.45.51

The Decision Notice makes no attempt to account for the delay in publication, or the unusual circumstances in which Mrs Mulligan was compelled to comply with her lawful obligations. Most crucially, it does not mention that her two most senior officers, the Chief Constable and his Deputy, were to benefit by at least £24,000 each from the arrangement. We are back, it seems to the bad old North Yorkshire Police days of the Della Canning, Grahame Maxwell and Adam Briggs style of management.

The whole matter of the PCC’s Decision Notice has the uncomfortable feel of sleight of hand and historical revisionism, not assisted by Mrs Wintermeyer’s refusal to provide documentary evidence to back up the claims made in the notice. Such as email communications between the PCC and Mr Porter or Joanna Carter between August and October, 2014. Mrs Wintermeyer’s preoccupation with attempting to smear me over a similar civil harassment case, in which I recently succeeded against the IPCC and their three publicly funded lay claimants, did more to undermine her credibility than mine. A link between the two cases is that one of the IPCC’s claimants against me, Senior Oversight Manager Rebecca Reed, was also approached to join in with NYP’s harassment action. This information was taken from the Miss Reed’s own witness evidence in a third money-no-object, publicly funded harassment action which concluded on 18th February, 2016 at Leeds County Court. The defendant refused to participate in the proceedings claiming that his Article 6 convention rights were being breached by the Court.

Less than three weeks after publication of the Decision Notice, on October 16th 2015, Mrs Mulligan was telling a former local councillor at a Whitby Rotary Club lunch that ‘the spending tap has been turned off‘ as far as Hyson and the civil claim was concerned. She was, it seems, either being economical with the truth or was being misled by police’s chief officer team.

Notwithstanding the PCC’s claim, there have been two more court hearings in Leeds since the Decision Notice appeared. On 27th November 2015 and 20th January, 2016. At the first of those hearings judgment was awarded against Mr Hofschröer which leaves the two journalists as the remaining defendants and legal costs spiralling out of control – and very likely well beyond the budget figure of £202,000.

With a trial date now set for 20th July, 2016 legal costs are likely to run over to £400,000 with another large chunk of senior police officer time occupied on top of the financial burden.

The one saving grace as far as the PCC’s legal costs are concerned is that the police QC, Simon Myerson (pictured below), has absented himself from the latest two hearings, although he is still on record at the court as leading barrister for the claimants. When approached on the Twitter social media website as to why a QC was running a county court harassment claim he stated that ‘the law is complex and the point is novel’. That was taken to mean whether the funding decision was vires or ultra vires. When this was put to Mrs Wintermeyer in subsequent correspondence between us she claimed the issue of vires was not at all novel.

Screen Shot 2016-02-07 at 12.34.05

Mr Myerson charges the police £300 an hour to give opinions and advocate in their cause. Even when he is travelling in his car, with expenses on top. Yet, he is happy to spend an inordinate amount of time on Twitter ‘arguing’ for free, and ‘losing’ on a surprising number of occasions.

Two freedom of information requests concerning sight of the up to date bills from Mr Myerson, his junior colleague, Miss Lynch, and Weightmans have not yet produced a response from NYP. The first of those was made on 8th January, 2016 and the police have, to the surprise of no-one, been prepared for the umpteenth time to break the law rather than comply.

A separate freedom of information request, concerning the independent legal advice received by Mrs Mulligan about the legality of the civil claim funding, also remains unfulfilled. It simply asks for sight of the invoices from the solicitor and barrister who provided the opinion. A similar request was made concerning the ‘opinion’ sought by the PCC’s auditors, Mazars LLP, that enabled them to pronounce, belatedly, that the use of public funds to fund private litigation is lawful. They are also now overdue for disposal.

So much then for Mrs Mulligan’s and the Chief Constable’s approach to openness and transparency. A phrase that is repeated no less than four times in the PCC’s Decision Notice. Doth the lady protest too much?

An update to the PCC’s Decision Notice and a sharp upward revision of the budget for the legal expenditure is eagerly awaited, as is requested comment on this report from the two police chiefs.

A clarification on the position regarding Value Added Tax and P11D benefits in kind for the police employees named in the civil claim, would also be most welcome by the taxpayers of North Yorkshire and beyond.

The cost of silencing journalists via the civil courts doesn’t come cheap, as the IPCC recently discovered, and neither is it guaranteed to succeed.

_________________________________________________________________

Page last updated Thursday 19th May, 2016 at 0745hrs

© Neil Wilby 2015-2016. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

Photo credits: Twitter (@SCynic1), BBC Inside Out, North Yorkshire Enquirer and Office of Police and Crime Commissioner for North Yorkshire

 

Cost of silencing police force critics now approaches £1 million

Tuesday 9th February marked the first anniversary of the initial hearing of a civil harassment claim that is known, curiously, as Hofschröer and others –v- Hofschröer and others. On the face of it, a family dispute gone wrong concerning title to a property formerly owned by a deceased father and an ailing mother.

But behind that domestic façade lies three other matters of significant public interest:

Firstly, this dispute principally concerns the widely publicised ‘Grandma B’ case in which both North Yorkshire Police and York City Council have been criticised heavily over the treatment of disabled World War Two veteran, Barbara Hofschröer. Her son, Peter, has been fighting for justice, on behalf of his mother, since 2008.

Secondly, two citizen journalists who write for the website news magazine, North Yorkshire Enquirer, are also defendants in what appears to be an attempt to silence them from publicising the shortcomings of the police, and other public authorities. The two scribes, Tim Hicks and Nigel Ward are best known for their work exposing scandals involving the late Peter Jaconelli, for many years the face of the seaside town of Scarborough, and the country’s most notorious sex offender, Sir Jimmy Savile.

Screen Shot 2016-02-07 at 11.56.30

Thirdly, this civil action has been publicly funded on the authority of Julia Mulligan, the Police and Crime Commissioner for North Yorkshire (NYPCC). This move, which many believe is unlawful, and a grotesque waste of public money, has allegedly cost taxpayers a sum approaching a million pounds already.

There are nine claimants listed on court papers accessible to the public. They have been identified as three serving police officers and six civilians (one retired police officer, a former Police Authority chair, a former Council social worker and three Hofschröer family members). The direct legal funding this group has received already is believed to be in excess of £300,000 or £33,333 each, give or take small change. The precise figures have been requested from both the police, and the NYPCC, but they have elected to break freedom of information law rather than disclose the latest invoices from their lawyers. An earlier disclosure put the lawyers’ fees at £164,919 up to mid-September, 2015 (Read FoI outcome here).

The three serving police officers involved in the harassment claim are the Chief Constable, Dave Jones; the Deputy Chief Constable, Tim Madgwick and Head of Uniformed Operations, C/Supt Lisa Winward. The retired officer is ex-Supt Heather Pearson and the former NYPA chair is Jane Kenyon-Miller (pictured below alongside Mr Madgwick). A very powerful group indeed, who have allegedly already spent £450,000 internally in trying to stem the flow of criticism against their police force, by pursuing a criminal ‘investigation’ codenamed Operation Rome. The Crown Prosecution Service twice rebuffed approaches by North Yorkshire Police to permit charges to be made against Mr Hofschöer and Mr Hicks. Mr Ward was not, at any time, interviewed or even contacted by police in connection with this matter.

KENYON_MADGWICK

On 20th January 2015 civil court papers were, ostensibly, served on the three defendants without any prior notice. The Court’s own strict rules demand that such a step is taken under what is known as pre-action protocol. Clearly, this requirement was not followed and there is no explanation yet available why the police, the NYPCC and their legal team chose to act in such a way. On any independent view, it had the appearance of an ambush.

By this time, Peter Hofschröer was on remand in HMP Wandsworth having been arrested by North Yorkshire Police detectives outside the magistrates court in York on 4th December, 2014 whilst trying to file papers against other members of his family that he believed would protect the interest of his mother. He claims, quite reasonably, that court papers concerning the civil claim made by the nine defendants – including his brother, sister-in-law and nephew, did not reach him prior to his transfer from Wandsworth to HMP Hull.

In Nigel Ward’s case, the court papers were sent to the wrong address and left on the doorstep outside an empty property for forty-eight hours, accessible to public inspection. North Yorkshire Police, surprisingly, did not refer themselves to the Information Commissioner’s Office (ICO) over this calamitous data protection breach, including personal data concerning their own two most senior officers. Mr Ward has, quite correctly, reserved all rights concerning the unlawful disclosure of his own personal data.

At the first hearing in Leeds High Court on 9th February, 2015 the claimants sought an interim injunction against the two journalists – and Mr Hofschröer – that effectively ordered the defendants to take down articles published about the nine claimants, and prevented each of the three defendants from contacting the claimants by phone, email or in person. It was a draconian move, and the police-funded claimants were represented at court by two barristers, Simon Myerson QC and Hannah Lynch. These legal heavyweights were instructed by leading Leeds law firm Ford and Warren (since taken over by Weightmans).

This second phase of the North Yorkshire Police action, codenamed Operation Hyson, was launched following advice given to them by ‘a leading, specialist barrister’, believed to be Mr Myerson (pictured below) after Rome had fallen.

Screen Shot 2016-02-07 at 12.34.05

The two journalists were both represented by London human rights barrister, Ian Brownhill, instructed by Nottingham solicitors, Bhatia Best. Recruited at very short notice, the lawyers performed a minor miracle in reading a huge volume of paperwork, and preparing a defence, over the weekend before the first hearing.

The outcome of that court hearing was in two parts: An interim injunction was granted against the absent, and unrepresented, Mr Hofschröer and a consent order was sealed by the judge, His Honour Mark Gosnell, which effectively maintained the status quo between the claimants and the two journalists. It meant, in real terms, that none of the articles complained about, by the claimants, were taken down by any of the defendants, including Mr Hofschröer who has no access to a computer whilst held in jail.

Mr Brownhill had also raised the issue of ultra vires that, in layman’s terms, means there is serious doubt in his mind about the legality of public funding being used, by the police, to finance civil litigants in a harassment claim.

Subsequent hearings over Operation Hyson took place at Leeds Combined Court, before HHJ Gosnell, in June and November, 2015. The matter was transferred from the High Court to the County Court at the first of these hearings, at which directions were given to all parties in preparation for a trial that was scheduled to begin on 7th December, 2015. At the later hearing – which was listed as a pre-trial review – summary judgment was granted in favour of the nine claimants against Mr Hofschröer after he elected not to take part in the proceedings citing breaches of his Article Six convention rights. This left the two journalists as the remaining defendants in the claim. The judge ordered that the December trial date be vacated and a further case management hearing to be listed for 20th January, 2016. HHJ Gosnell also advanced the view to counsel representing both sides that every effort to settle the matter should have been made by that date.

The January hearing, conducted in the judge’s chambers by telephone conference, resulted in no settlement being reached and, as a consequence, a trial window opened by HHJ Gosnell between April and July, 2016 with a time estimate for the final hearing of seven days. This is to allow an additional period for the claimants to file further evidence in support of their claim against the journalists, a year to the day since they issued proceedings. The Court have recently confirmed that the trial is set to open on 20th July, 2016.

A trial of this duration is likely to place a further burden on the taxpayer of around £100,000, given that there is no reasonable prospect, based on recent legal precedent, of the litigation achieving its two-tier objective. A harassment finding for each of the nine claimants against each of the two remaining defendants, is the first hurdle. Only if that threshold is reached could the court consider that an injunction against two journalists was the appropriate remedy.

A press statement concerning the outcome of the January 2016 hearing was requested, from the PCC and the Chief Constable, during a recent Police Scrutiny Board meeting held a few days afterwards, but the opportunity was declined by both police chiefs. The reasons for doing so bear no examination (see Scrutiny Board podcast here).

There are also the substantial internal costs incurred by the North Yorkshire Force Solicitor, Jane Wintermeyer, and her staff, to consider. Marshalling nine claimants and instructing the two Weightmans solicitors dealing with the matter, over a period of fifteen months, would not come cheap. Mrs Wintermeyer also canvassed other high profile public officials, including Rebecca Reed, a senior manager engaged with the Independent Police Complaints Commission (IPCC), prior to the issue of proceedings in order to add substance to the North Yorkshire Police’s Rome and Hyson investigations.

During the January 2016 case management hearing, the issue of ultra vires and abuse of process was raised again by Mr Brownhill. He was told by HHJ Gosnell that the question of whether this claim falls to be determined as vires or ultra vires, is in his view, an arguable case. But, not one that would be heard before him in the County Court. A separate public law challenge would have to be mounted in the Administrative Court. One of the defendants, Mr Ward has confirmed that this process will soon be in train.

The Police and Crime Commissioner originally claimed to have sought ‘independent legal advice’ on the vires issue on 12th January, 2015 (read her formal statement here) but has, so far, not disclosed the invoices from her solicitor and counsel that would prove that point, following a freedom of information request. Mrs Mulligan was prepared to break the law rather than either disclose the information, or admit it doen’t actually exist. Her latest claim is that the advice was not provided in writing by the ‘leading barrister’ involved in January 2015, but given verbally in a meeting on 15th October, 2014. A meeting at which it is known Mr Myerson was present, by reference to his invoice sent to NYP that covers the day in question.

Chief-Constable-Dave-Jones-and-Commissioner-Julia-Mulligan-380x254

Mrs Mulligan (pictured above with Chief Constable Jones) undoubtedly faces a difficult few weeks ahead as both the merits of Operations Rome and Hyson, the subsequent civil court trial, and the source of it’s funding, come under intense scrutiny during the forthcoming PCC election campaign.

Since this article was first published on 7th February, 2016 information has been obtained about a referral from the Parliamentary Committee for Public Accounts to the National Audit Office concerning the legality of the decision to spend public money financing private claims (read more here).

The press officers for both North Yorkshire Police and the Police Commissioner have been offered the opportunity to comment but none has been forthcoming, so far.

______________________________________________________

Page last updated on Sunday 1st May, 2016 at 0945hrs

© Neil Wilby 2015-2016. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

Photo credits: Twitter (@SCynic1), North Yorkshire Enquirer and Office of Police and Crime Commissioner for North Yorkshire

 

Liar, Liar. Pants on fire.

The Independent Police Complaints Commission, or IPCC for short, is an organisation that has been extensively, and justifiably, criticised since it replaced the thoroughly discredited Police Complaints Authority in 2004.

In February 2008, over a hundred lawyers who specialise in handling police complaints resigned from its advisory body, citing various criticisms of the IPCC including a pattern of favouritism towards the police, indifference, rudeness towards complainants, and complaints and appeals being rejected in spite of apparently powerful evidence in their support.

In 2011, a falsely grounded press statement, authorised by Commissioner Rachel Cerfontyne (pictured below), concerning the shooting of Mark Duggan by armed police officers on a Tottenham street, was considered by some to have contributed to the confrontations with the police that ultimately led to what are now known as the London Riots. Looting and burning on an unprecendented scale also spread to other major cities in the UK soon afterwards. The IPCC publicly apologised for ‘misleading journalists’ six days after the violence erupted (read BBC report here).

Cerfontyne_54474394_jex_1129600_de54-1

On television, in national newspapers and in Parliamentary committees the conclusion today is still much the same: Slow, inadequate, poor decision-making and apparent bias. In 2013 the Home Affairs Select Committee said the IPCC was ‘not fit for purpose’ as the so-called police watchdog.

There are many other people, particularly justice campaigners all around the country, who have a negative view of the IPCC and its workforce.

Now I can exclusively reveal that there are other serious, and deep seated, problems within the IPCC which include alleged misuse of official funds. running into six figures.

From September 2014, until the matter was settled in December 2015, I was the subject of a High Court action, brought and funded by the IPCC, in which it was alleged that I harassed three of its employees.

The IPCC alleged that articles written and published by me on the uPSD police whistleblowers website – and messages broadcasted on the Twitter social media website referring to those articles – had caused their employees ‘distress and alarm’.

The legal proceedings against me were issued, on behalf of the IPCC, by a Leeds firm of solicitors, Cohen Cramer. An odd choice for a Home Office funded Commission, given a Solicitors Regulation Authority finding which condemned both the law firm and one of its senior partners, Mr Michael McDonnell, for unlawfully conducting litigation (read more here). The choice of lawyer within that firm to act for the IPCC was even more bizarre: Miss Emily Slater whom, it seems, had also been publicly pilloried by a Master at the Royal Courts of Justice for the manner in which she had conducted libel litigation. She acted for the claimant, who lost the case and had costs awarded against him (read more here).

solicitor-emily-slater

Apart from Master Eastman’s criticisms, Miss Slater (pictured above) had attracted some shocking national newspaper headlines of her own (click here) which cannot have escaped the attention of either the IPCC, or their lay claimants. Simple enquiries about the capabilities in, and likely conduct of, a harassment claim by Miss Slater could also have been easily gleaned in the public domain. Such as this stinging criticism from HHJ Robert Owen QC in another case that Cohen Cramer ‘lost’ (read the approved judgment extract here). Another losing legal case for Miss Slater, and her firm, was a libel action against the Metropolitan Police in which two high court judges separately found the claim to be grounded more in hope than substance (read the full judgment here).

By way of balance, I have tried to identify cases in which Miss Slater may have enjoyed even partial success but, so far, I have found no such trace.

From the outset, the IPCC’s legal action against me attracted attention in the press, and amongst the legal profession, mainly as a result of some quite startling allegations made by the three claimants. One of whom, C1, appeared as a very late substitute only five days before the interim hearing, with their name scribbled over that of another IPCC caseworker, Mr Mohammed Ejaz, who abandoned his own claim without any explanation. No pre-action protocol was followed by Cohen Cramer, and the IPCC, in respect of the appearance of the new claimant in the claim, which set the tone for a number of later breaches of Civil Procedure Rules (CPR).

Given that I had only ever written positively about Mr Ejaz, it appears to be a reasonable deduction that his claim was withdrawn because it was completely without merit. He refused an opportunity to explain his abrupt departure from the case when approached by me, in writing, to provide a witness statement.

There was evidence  which attempted to link me with improvised explosive devices and threats to kill made by a member of the public of whom I had never even heard, let alone interacted with. These unevidenced assertions were later withdrawn, once I had made contact with the alleged ‘bomber’ and taken an evidential witness statement from him. Suffice to say, such a device never existed.

The findings of HHJ Richard Parkes at the interim hearing did not make good reading for me, my family, friends and fellow justice campaigning supporters and the Huddersfield Examiner made a meal of it the following day by publishing a salacious, gratuitously damaging article to which I have never been offered a right of reply.

The sharp-eyed would also have noted, that I did not appear and was not legally represented at the interim hearing. This was because I had only been given 15 hours notice that the hearing was going ahead at the Royal Courts of Justice in London (180 miles from my home), two days after I believed I had come to a reasonable, provisional settlement with the IPCC. It had all the appearances of a legal ambush, seemingly orchestrated by Miss Slater and, presumably, given the green light by her IPCC paymasters.

I was, however, able to attend the judgment hearing at the same court two weeks later at which it was pronounced that an interim injunction had been ordered against me. The effect of which, I was to take down the articles about which the IPCC had complained and also remove the tweets that referred to their three employees. Before the judge handed down his findings, I was approached by counsel for the IPCC, Matthew Richardson (pictured below) outside Court 14, the historic and highly ornate Lord Chancellor’s Court. Matt is an affable chap, perhaps better known as the former General Secretary of the UK Independence Party (UKIP), and his opening remarks to me were surprising to say the least: ‘We need to make this go away‘. My response was similarly plain. I was prepared to have any articles in dispute put to the IPCC press office (or legal team) for comment, or objection, and amend them if they could show any of the facts underpinning the articles had no foundation. A stance I maintained, on a point of principle, until the matter was settled fifteen months later.

Matthew-Richardson_3053728b

In the meantime, senior management of the IPCC allocated around £125,000 of public funds in their attempt to bring proceedings against me and, of course, Mr Hofschröer. A man I have never spoken to, but with whom I had a small amount of correspondence some years ago when I first became aware of what is now the well known ‘Grandma B’ scandal involving his mother, Mrs Barbara Hofschröer.

In Mr Hofschröer’s harassment case, brought against him by the IPCC , Cohen Cramer finally brought matters to a conclusion in February 2016 against a defendant who had no access to either his electronic or paper records since his arrest and detention – and had declined to take part in the proceedings since June 2015. The eventual finding against Mr Hofschröer followed a ‘failed’ summary judgment application, heard before HHJ Mark Gosnell at Leeds County Court in November last year. I was in court to hear this particular application in my capacity as a reporter. It was, by any measure, a comical exhibition of legal incompetence on the part of the troubled Leeds law firm: Trying to convince a circuit judge that sending notice of an Application to an inmate of HMP Hull, by first class post three days before the hearing was, in legal parlance, ‘good service’ never had a realistic hope of succeeding despite the valiant, and persistent efforts, of counsel. The argument advanced that the overriding objective of the litigation (CPR1.1) would be best served by circumventing notice of proceedings on the defendant was novel, to say the least

Having been referred to in generally unflattering terms in that same summary judgment application made by the IPCC against Mr Hofschröer, two other journalists, Timothy Hicks and Nigel Ward, along with myself, submitted witness statements and exhibits which directly challenge some evidence in that claim.

Following my appearance before HHJ Parkes at the Royal Courts of Justice there followed a stream of correspondence from Miss Slater, which became ever more bizarre as her IPCC lay clients sought removal of every reference to them ever written and published on the internet. However innocuous and whether, or not, I was author or publisher. This included tweets broadcasted by national newpaper journalists and justice campaigners. Such as this one from Sunday Times reporter, Tom Harper:

Screen Shot 2016-01-11 at 09.22.03

Or the many that had been tweeted by nationally known justice campaigner, Michael Doherty, a relentess critic of the IPCC. Indeed, it was submitted by my defence team, in evidence, that Mr Doherty had more recorded interactions with the IPCC – many of them in adverse terms – than myself, yet the IPCC had pursued me through the courts, and not him. Indeed, Mr Doherty’s principal criticisms of the IPCC: covering up child abuse and being the IPCC’s ‘hatchet woman’ are still there on the internet for all to see today. As are those of a number of other IPCC critics in a similar vein. Perhaps, I was perceived as the softer target given my precarious health. Or, Mr Doherty’s much greater public persona deterred them?

Even in full knowledge of those health issues, Cohen Cramer’s Miss Slater conducted an intimidatory, oppressive stance throughout – presumably on instructions from the IPCC – and even threatened to have me arrested and detained by the police for not removing the tweets highlighted above, and a number of other tweets and articles in a similar vein over which I had no control, whatsoever. Miss Slater also lied in correspondence between us in an attempt to withhold the source of the claimants’ funding. Incredibly, she denied that the IPCC was, in fact, footing the bill on behalf of their employees, despite the fact that her retained counsel, Mr Richardson, had openly confirmed to me before a witness, at the Royal Courts of Justice, that the police watchdog was financing the claim.

This was a low point for me. Having been rushed to hospital three times under blue lights in the preceding six months and, awaiting remedial surgery, I was not in good health. Furthermore, I did not have the financial resources to engage lawyers in an action in which the IPCC appeared to have given their three employees a blank cheque, in order to prevent me writing about them. I was defending myself as a litigant in person and it was, quite obviously, not a level playing field and the IPCC were kicking me all over the park.

But the rules of the game – over which the IPCC and Cohen Cramer thought they had complete control – were set to change dramatically. Galvanised by the unflinching support I received from those closest to me – and from others around the country – the task of unravelling the case constructed by the IPCC’s chosen ones began. In January 2015, I served my witness and defence statements on the IPCC, and their lay claimants, and also witness statements from seven other journalists and campaigners who had all been involved in close, and very unsatisfactory, dealings with the ineffective police watchdog. These included Mr Doherty, and other high profile figures such as Janet Alder and Bernadette Major.

It certainly appeared to be the tipping point for Emily Slater: She and Cohen Cramer parted company and, according to information given to me, she had moved abroad to Vienna. Miss Slater no longer shows up on a search of the Law Society’s solicitor database (see screenshot below) and, until she removed her LinkedIn profile a few months ago, was seemingly unemployed.  Another high profile victim of Miss Slater’s unethical approach to her professional calling, Lincolnshire businessman Mr Stuart Brown, reported on his weblog that she had been dismissed by Cohen Cramer at the end of January 2015 (read more here), a claim the law firm denies.

Mr Brown, in a remarkable turnaround, has recently served harassment proceedings on Cohen Cramer which centre on the behaviour of Emily Slater during litigation which was, in the words of HHJ Owen “an oppressive use of the legal procedure” and “conducted with unnecessary aggression”. A case in which I will be providing witness evidence on his behalf.

Screen Shot 2016-01-10 at 16.37.24

At a case management hearing before Mr Justice Warby at the Royal Courts of Justice in March 2015, the IPCC, their lay claimants and their lawyers did not fare well. By this time, Miss Slater had been replaced by a Cohen Cramer partner, Mr David Hall. Their first-choice barrister, Matt Richardson, had also been replaced by Mr Guy Vassall-Adams, who appeared uncomfortable throughout the hearing about the case he was being asked to present. Through the generosity of my family I was able to engage lawyers to represent me on the day. My counsel, Mr Ian Brownhill, persuaded the judge to transfer the case to Leeds High Court – against the strong protest of the IPCC’s lawyers – which was much more local for myself, all three claimants, most of the other witnesses and Cohen Cramer. The only reason the IPCC wanted to have the matter heard in London was to cripple me financially and put off most of my witnesses from attending a final hearing at the Royal Courts of Justice on the grounds of time and cost.

During this hearing Mr Vassall-Adams’ complained to the judge that I had harassed the IPCC’s employees that very morning by tweeting this on the social media website:

Screen Shot 2016-01-10 at 09.17.36

This is a graphic illustration of not only legal bad faith, but the petulance and poor judgment with which I have been confronted in all my dealings with Cohen Cramer and the IPCC, both throughout their conduct of the case – and since. As a highly regarded media and information lawyer, regularly heard on The Strand defending the freedom of speech of large newspapers groups, Mr Vassall-Adams should have cause to reflect upon making a submission, albeit on instructions, to the effect that me saying to a friend “Thanks, Michael. En route to RCJ. Will call you later” constitutes harassment.

In any event, Mr Vassall-Adams subsequently returned the brief to the IPCC’s lawyers and was replaced by the third barrister to be acting in this increasingly vexed action, Mrs Sara Mansoori, who hails from the same Matrix International chambers.

At the case management hearing the judge gave Directions that, effectively, required the IPCC to start their claim again and that all their costs, up to and including the case management hearing could not be recovered by the IPCC, even if the claim ultimately succeeded against me. My lawyers calculated that ‘penalty’ to be at least £25,000 of public money wasted on protecting Crown servants, sanctioned at the very top of the IPCC by their Chief Executive, Lesley Longstone (pictured below).

lesleylongstoneposterframe1024x576

Following partial release of information by the IPCC that I requested under the Freedom of Information Act at the conclusion of the case (click here), it is now apparent that the amount of money lost by the end of the March hearing was nearer to £50,000 than my lawyers’ estimate of £25,000. On the face of those figures, it would appear that Ms Longstone, and her senior IPCC cohorts, were already in deeper financial water than either my legal team, or I, realised at the time.

After the case management hearing, new particulars of claim were duly issued by the IPCC’s lawyers, but were met with a robust defence drafted by my own counsel. The allegations of harassment against me were systematically rebutted and the claim reduced to what, in my solicitor’s view, was nothing more than ‘a storm in a teacup’. The libel allegations that were an earlier feature of the IPCC’s pleadings – and also referenced in a letter openly published on the internet (click here) by their now departed Chief Operating Officer, Nick Hawkins (pictured below) – had now inexplicably disappeared. Some might infer from such a change of direction that the IPCC were avoiding a legal fight grounded in whether, or not, the articles published about their three lay claimants were true. It is assumed that Mr Hawkins, given both his working proximity to Ms Longstone and also the tone and content of the letter in his name, would have also been supporting the IPCC’s action against me and the funding of it. He left the IPCC, in September 2015, after just one year’s service.

Nick-Hawkins

At about the same time Cohen Cramer also confirmed, in writing, that the IPCC’s lay claimants were no longer relying on their first or second statements. Which was not at all unexpected, given the way they had been torn apart by the defence evidence. But my legal team and I waited, and waited, and waited, for the third statements to be filed at court and served on me. Eventually, the statements of two of the three claimants were emailed to my lawyers less than two weeks before the trial was listed to be heard (7th December 2015) and more than six months after they were directed to do so by Mr Justice Warby. The third claimant did not file a revised statement at any time.

As a result of this late service of evidence, Cohen Cramer were forced to go cap in hand to the court in Leeds and ask the judge, at the pre-trial review, to make a retrospective Order to allow the statements of their clients into the claim.

It should surprise no-one that, of the many slurs in their various witness statements against not only me, but also against some of those for whom I act as complaint advocate and others with whom I have had only passing acquaintance, not one single document was adduced by any of the three lay claimants to support the IPCC’s allegations. Anyone who could be linked with me, however tenuously, was fair game for the smear campaign being funded by the IPCC.

There were also a number of incredible claims about the impact of the alleged harassment, but not one shred of medical evidence to support it.

Similarly, for anyone who has had dealings of any length with the IPCC, there was the familiar ducking and diving over disclosure. They breached their obligations under Part 32 of the CPR Rules, and there was an unresolved Part 18 Request still pending at the time the matter reached a settlement. I simply asked for the materials that supported the fanciful  assertions made by the claimants. I was entitled to see these, but they were not produced. Or, confirmation given to me that such documentary evidence did not actually exist, so that my lawyers could apply for the claim could be struck out. Any experienced litigator (or judge) knows that contemporaneous documents are the first port of call when assessing witness credibilty. The obvious conclusion to draw from that is Cohen Cramer and the IPCC’s lay claimants simply did not want to go there and have theirs tested.

The two teams of lawyers, respectively acting for the IPCC, and myself, eventually agreed on terms for settlement on the day the trial should have started, after a torturous few days of negotiation. I was determined to go to trial and have the matters raised in evidence fully ventilated in open court. It was like a bad smell hanging over me.

The prospect of having the IPCC’s lay claimants on the witness stand and subjected to cross examination by a formidable human rights barrister, not only having the organisation’s honesty and integrity questioned in public hearing, but also the reputation of the whole organisation they worked for coming under severe scrutiny was one that held significant attraction for me – and to the other witnesses who were prepared to travel far and wide to give evidence on my behalf.

The final settlement of the claim was in terms very favourable to me. The interim injunction was removed; there was no admission (or finding) of harassment and I gave an undertaking to the court and to the claimants; and the right to continue to publish articles about the IPCC and its employees was preserved. In respect of any articles that name the IPCC’s three lay claimants, I am required to give them sight of the articles first and invite each of those named to give their consent. Such consent to be not unreasonably withheld, if the articles are true and the evidence behind the articles stands up to legal scrutiny.

There was another part of the settlement that the IPCC were absolutely insistent did not reach the public domain, so I am unable to disclose that particular point at the present time. But I can say the ‘secret’ agreement was also very much to my advantage, without breaching the confidentiality clause. It is also noteworthy that enforcement proceedings had to be threatened against the IPCC, by my lawyers, before they complied with that particular term of the agreement.

On any independent view, the IPCC strategy to oppress and stifle my right to report on corrupt practices, using huge amounts of public funds, has failed. It is a situation that I will continue to address by whatever legal means are available, if the IPCC continue to shield dishonest employees and allow them to prosper from their misdemeanours: Those options include laying an information concerning a private prosecution at Wakefield Magistrates Court – a mere 100 yards from the IPCC’s own offices – if such a step becomes necessary

3016132161_b899dac6d0-2

The grim exterior of Wakefield Magistrates Court -a short walk from the IPCC’s office

Mr Hall of Cohen Cramer and both the IPCC’s press office and their Chief Executive, Lesley Longstone, were all approached for comment on this article prior to publication. The IPCC press office said they would not be commenting. Ms Longstone did not acknowledge or respond to my email. A remark that also applies to Cohen Cramer’s Mr Hall.

_________________________________________________________________

Page last updated Saturday 16th April, 2016 at 1035hrs

© Neil Wilby 2015-2016. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

Photo credits: IPCC, Private Eye, Law Society

Former Police Authority Chair in fresh Alderman storm

CH068-£400K-Shooting-Party

To many in the picturesque coastal towns of Scarborough and Whitby, and an even larger number across the broader acres of North Yorkshire, the very thought that Jane Margaret Kenyon could be worthy of a special civic honour would be anathema.

Miss Kenyon endured a chequered history during her political career as a councillor in Scarborough; whilst in her seat on North Yorkshire County Council; and in her role as Chair of North Yorkshire Police Authority (NYPA). She was also a failed Parliamentary candidate, having stood for Huddersfield West as a Conservative nominee in 1991.

As Chair of NYPA, she was in post when the force failed to net the country’s most notorious sex abuser, Jimmy Savile and it is inconceivable that she was one of the very few people in the area who were not aware, however obliquely, of the serial sex offending of Council colleague, and former Mayor of Scarborough, Peter Jaconelli. Indeed, it has been recently revealed that Jaconelli was actually charged with sexually abusing a Spanish waiter during his mayoral year. The case was later mysteriously dropped.

Miss Kenyon was also in the NYPA hot seat during the Grahame Maxwell and Adam Briggs scandals that brought national media attention of the worst kind to North Yorkshire Police.

It was also Jane Kenyon who abused her role as Chair in attempting to have journalist Tim Hicks arrested, on entirely spurious claims of criminal harassment, which resulted in a lengthy post-interview state of hiatus but no arrest, no disclosure of any offence committed, or any further action by the police except a senior detective telling Hicks his articles were ‘damaging the reputation of North Yorkshire Police‘.

It was a spiteful, vindictive act by Miss Kenyon (whom police officers referred to throughout the Hicks interview as ‘Jane’) designed only to intimidate a reporter trying to do his job exposing misconduct in public authorities. What has now belatedly emerged is that Miss Kenyon lied in her witness statement as part of those police enquiries (read more here)

Calls for Miss Kenyon to resign as Chair of the Police Authority stretch as far back as 2005 when, unsurprisingly in the light of what was to follow, financial irregularities were uncovered by auditors in the accounts management of the police. A full York Evening Press report can be read here. It is a a damning indictment of her stewardship at NYPA.

There was a further, widely reported call for Kenyon to resign in 2007: This time the scandal centred on the waste of hundreds of thousands of pounds for 27 luxury cars, for which the senior police officers using them had not received appropriate training. (Scarborough News coverage here ). Another sorry tale of financial mismanagement.

There was, in between times, the Chief Constable Della Cannings profligacy scandal, particularly when the cost of a shower next to her office cost £28,000. Phil Willis, Liberal Democrat MP for Harrogate and Knaresborough at the time, accused her of turning the local police into “a laughing stock”, while the Yorkshire Post revealed further details of Cannings’ extravagant and self-glorifying behaviour, including a HQ sculpture garden and a building to be named in her honour. Not to mention her cock-a-doodle-do telephone ringtone, and the poor-taste joke about her ‘vibrator’. All this, again, on Kenyon’s watch at the Police Authority. The fact that Ms Canningswas a regular vistor to Miss Kenyon’s home between Scarborough and Whitby would, of course, be entirely unconnected. They are both pictured below.

_46251345_jane   della-main

It is also in my own certain knowledge, following a lengthy interchange with Dr Judith Heeley, who was then Treasurer for both West Yorkshire Police Authority (WYPA) and the NYPA, prior to her retirement, that certain cross-Authority ‘deals’ and staffing arrangements were not at all to the advantage of NYPA, yet had been signed off by Kenyon.

Interestingly, shortly after election as Police & Crime Commissioner, Julia Mulligan ended some, if not all, of those financial arrangements.

As a County and Borough councillor, Kenyon has featured in the national press over a number of scandals, which include the infamous ‘double-dipping’ farrago where elected North Yorkshire representatives were shamelessly drawing allowances for exactly the same item from two different public purses. Her association as Chief Financial Officer with Belvedere Computers Inc in the United States, where a trail of debt and unpaid employees was left in its wake along with the whiff of a ‘long firm fraud’, and the similarly ill-starred Dales Timber Ltd which left creditors nursing £250,000 of debt headaches, do not chime well with Kenyon’s role in charge of oversight of a police force, or her legal and financial portfolio responsibilities as a councillor. Neither do failure to register interests appropriately, as a public official, as required under the Localism Act 2011.

Brought up in Huddersfield, and a graduate of the exclusive, fee-paying Wakefield Girls High School, the charismatic Kenyon holds a special interest to the author of this piece. Not least because her father, Sir Bernard Kenyon, was Clerk of the former West Riding County Council based in Wakefield. He was a formidable figure in the area, but fell from grace through his improper association with the famously corrupt architect, John Poulson. The modernistic palace named ‘Manasseh’ that Poulson built on the edge of his home village, Carleton on the outskirts of Pontefract, was actually directly opposite my first ever home, ‘West Haugh’, after fleeing my parents’ nest.

Jane Kenyon and I actually met at a charity function in the Royal Hotel during my time as managing director of the now defunct Scarborough Evening News. She was charm and grace personified.

Her marriage in January 2014, after a long term adulterous relationship, to another Scarborough councillor noted for financial chicanery, Thomas William Miller, does leave the independent observer with the view that scandal is never far from Jane Kenyon’s door. Or, as she is sometimes now known: Jane Kenyon-Miller. The corporate and financial dealings of Bill Miller (as he is more commonly known), over a very long period, don’t bear too much scrutiny – but it serves no useful purpose to rehearse them here. It is not ‘Nine Dollar Bill’ that is being lined up for an ill-deserved civic honour.

Which brings the reader, neatly, to the thrust of this piece: Jane Kenyon was given the considerable honour of becoming a Honorary Alderman of the Borough of Scarborough at a specially convened meeting on 23rd October, 2015, despite some vigorous objections raised by me, and others more local to the Borough. In the course of my interchange with the Council’s press officer, Gabrielle Jandzio, on this subject, it has become clear that I was deliberately misled by none other than the Council’s Legal Services Manager, Lisa Dixon, and her subordinate, David Kitson, who set out to falsely misrepresent the contents of correspondence concerning a previous complaint made against Mrs Dixon to the Solicitors Regulation Authority (SRA).

This is the same Lisa Dixon who tried to prevent local journalists Nigel Ward, and the aforementioned Tim Hicks, uncovering a series of embarrassing stories about her and Scarborough Council by threatening to have their website closed down. The website is still functioning normally, today, when I checked. Indeed, this is one of the more interesting pieces I found concerning Jane Kenyon (click here).

The Real Whitby material on Scarborough Council’s frequent misdemeanours is also, as far as I can see, replicated on the more recent North Yorks Enquirer website. There has been no challenge by Mrs Dixon to the content of that website, thus far.

The SRA are now aware that a complaint will be lodged over this issue once my enquiries into the matter are complete and, it has emerged, that there is already a previous complaint against Mrs Dixon on file. Although this was misrecorded by the SRA, as a complaint against Scarborough Borough Council, rather than Mrs Dixon. A matter, presently, the subject of an appeal by the complainant.

Several freedom of information requests were made to the Council concerning the process leading to the nomination of Jane Kenyon for Alderman status. Unsurprisingly, the Council failed to respond within the statutory twenty working day period with the information and it soon become clear that significant tranches of material had been deliberately withheld by Mr Kitson, who signed off the disposal letter. A review of that decision requested in September has failed to draw any response whatsoever and the matter is now with the Information Commissioner’s office for determination. Both regulatory and civil action is contemplated over Kitson’s conduct of these matters: His disposition in flagrantly circumventing the law of the land does not sit well with his status as a solicitor, and more crucially, an Officer of the Court

Having recently faced the ignominy of obliterating Peter Jaconelli (who would have been prosecuted for multiple child sex offences were he still alive) from the honours boards in the Town Hall at Scarborough, it is difficult to gauge the rationale for the Council bringing down another firestorm of criticism upon itself.

However, in a sensational twist to the Kenyon tale, another seriously damaging allegation has had further light shed upon it. New and probative evidence has been passed to me, anonymously, concerning an alleged fraudulent benefit fraud claim made by Bill Miller. This was the subject of an article in Private Eye magazine in May 2014 and followed an attempt by Scarborough Council to smear Nigel Ward. This backfired spectacularly when Ward was able to hand the Department of Work & Pensions (DWP) investigator a copy of the able-bodied Miller’s 1996 ‘disability claim’ which had been leaked to him from the Town Hall. Now, there is an audio recording in which a leading Borough and County Councillor, David Jeffels, is heard, very clearly, to discuss a fraudulent claim by a local Councillor which, allegedly, was settled at a tribunal by payment of a sum, thought to be £25,000, by the alleged benefits cheat. Incredibly, if all this is true, and can be linked to the Private Eye story on Miller (and by default Kenyon) it would leave Council lawyer Mrs Dixon scratching her head: She is already supposed to have investigated this matter – and presumably filed it in the ‘nothing to see here’ box. It also puts the Council in another tight spot and, potentially, facing the eradication of another name from the Alderman honours board.

I have also very recently seen documents that confirm that Bill Miller is, in fact, under investigation by the DWP and there is a hearing scheduled for early Summer 2016.

In this regard, it is worth noting that her local electorate in the Mayfield ward turfed Kenyon off the Council at the last election, in May 2015. Not inconceivably, as a result of all the negative publicity she had visited upon the town over her scandalous conduct. It is reported that she left the election count in tears, after the result was announced. She is also reportedly furious with the Real Whitby and North Yorkshire Enquirer journalists for exposing scandal after scandal about her, as if they had no right whatsoever to do so

Following the blanking out of Jaconelli’s name there were 26 Honorary Aldermen remaining on the board in the Town Hall at Scarborough. It now seems certain, as more and more allegations surface about Jane Kenyon, that sometime in the coming months there will be another blank space after the rubbing out of another disgraced civic figure.

Another interesting, and high profile, past nomination was that of Cllr Eileen Bosomworth (whom I have also met). She was the Leader of the Council during the nationally notorious £56 million High Point Rendel scandal, but despite the strong stench of corruption and lawlessness around the whole affair, and only serving fourteen years rather than the requisite sixteen, less than two years later Mrs Bosomworth was conferred with the honour of Alderman.

Just as strange as the 2013 decision by North Yorkshire County Council to make Jane Kenyon an Alderman of the County. But, of course, at that time knowledge of her misdemeanours was not no widespread – and the efforts to silence her critics not quite so frantic. Or, as well funded via the public purse.

Mrs Kenyon-Miller was not available for comment prior to publication of this article. I am presently trying to track down Bill Miller: last seen emerging from his Mercedes motor car  (Reg no TWM 1) parked on double yellow lines outside Scarborough Town Hall. He appeared remarkably sprightly for a man reputedly disabled for the past twenty years.

image

Follow me on Twitter: @Neil_Wilby

Page last updated on Monday 29th February, 2016 at 1415hrs

________________________________________________________________

Operation Lamp: A Major corruption scandal

‘This report will blow West Yorkshire Police apart’.

Sounds melodramatic, but these are the words to me of a well placed insider about an investigation into the fit-up of an up-and-coming young police officer, by his Leeds Bridewell colleagues, twelve years ago.

That bombshell revelation also fits into my own sphere of knowledge. Which is much more than most, as I was instrumental in setting the Terms of Reference for phase one of the investigation, in my role as complaint advocate to the family of ex-PC Danny Major.

Danny had only one dream as a boy. To follow in the footsteps of his devoted father, Eric, as a career policeman. On my frequent visits to the Major family home I watch Danny’s young nephew play with the toy police cars that have become family heirlooms. Soon Danny’s own bright-as-a-button little boy, Matthew, will be dreaming of driving those same police cars, as he plays with them.

It is a travesty that the conviction against Danny’s name is not yet quashed and relief brought to his inspirational, hard-campaigning mother, Bernadette Major, who has never once doubted, in over twelve years, that her son was innocent.

A trusted and well-liked bobby of the old school, Eric Major retired in 2011 after 31 years exemplary service with West Yorkshire Police. Danny’s own rise through the ranks ended abruptly in 2006 – after only six years – when he was convicted of assaulting a drunken, violent teenager he was attempting to arrest in the centre of Leeds three years earlier. He was subsequently jailed for fifteen months (released after only four) but Danny, a university graduate, feels he is still serving a life sentence as he waits for the Criminal Cases Review Commission (CCRC) to consider his case for a second time.

In November 2006, after three trials, Danny was convicted of actual bodily harm and common assault. He was acquitted of a second assault charge. It was alleged that on 6th September 2003, he arrested Sean Rimmington for being drunk and disorderly while on duty near Millgarth police station. The prosecution claimed that Danny kicked Rimmington twice in the ribs whilst the prisoner was handcuffed in a police van parked in the docking area outside Leeds Bridewell. It was further alleged that Danny removed Rimmington from the van by throwing him head first onto a concrete floor and punching him in the head on at least four occasions.

The Bridewell police station in Leeds City Centre
The Bridewell police station in Leeds City Centre

In the police cell within the Bridewell, the prosecution claimed that he assaulted Rimmington, by punching him five to six times in the face, causing injuries to his nose. Danny says he committed none of the alleged assaults, which either didn’t happen at all or were, instead, committed by other police officers.

Crucially, the police failed to disclose CCTV footage that could have helped Danny’s defence team. It was produced in the final days of third trial when it was too late to be used in court. The footage was subsequently presented to the CCRC, who refused to refer the Major case back to the Court of Appeal on the grounds that it did not materially enhance the defence case at trial and would not be seen as new evidence, or argument.

Danny’s imprisonment was a police trade-off for, what the court heard at the second trial, the concealment of the “shambolic” state of affairs in the Leeds Bridewell custody suite. Judge Linda Sutcliffe QC was not wrong: Amongst the many failings were the falsification of an entire night shift’s custody visiting records, right under one of the CCTV cameras (belatedly disclosed to the Major family) and with running, comedy-act, commentary provided by the officer involved, PC Richard Roberts. Better known to colleagues as ‘Ivan’. A senior PSD detective commented that “there was no proactive supervision” in the Bridewell, which resulted in prisoners not booked in, cell visits not made and others taken to wrong cells. Twelve years after Sean Rimmington received a series of injuries whilst in custody, West Yorkshire Police still have no explanation for concealing the missing 13 hours of CCTV footage that would have cleared Danny Major’s name at Court. Nor have they produced any film from the other five cameras they alleged were not working on that night.

In the hours after the incident, and whilst he was at the city’s  St James’s Hospital receiving treatment for injuries inflicted by the prisoner, Danny was accused by another police officer of punching the comatose teenager thus causing his injuries. He was suspended from duty but, he says, was not overly concerned, initially. “The Bridewell has cameras everywhere,” he says. “Alarms go off if film is not in them. It is not somewhere you commit offences. When I heard the allegations I told them: ‘Just look at the CCTV cameras’. Then, my own force’s Professional Standards Department claimed that at least five cameras weren’t recording.”

It was, to say the least, an operational and mathematical improbability that so many cameras had failed on one night in and around the main custody cells in a city the size of Leeds.

The first Danny Major trial was stopped following an abuse of process submission by his defence counsel. There were a number of flaws connected to disclosure of evidential materials to the defence team by the police and CPS – and the Crown’s overall presentation of its case was criticised by the judge. At the second trial, at Bradford Crown Court, the jury heard that officers at Leeds Bridewell failed to follow even basic procedures, as outlined above. The jury was unable to reach a verdict and discharged by Judge Sutcliffe. The third and final trial also saw another circuit judge, the late Roger Scott QC again repeat the view that the custody suite was “a shambles”. He criticised senior police officers, including Detective Inspector Michael Green, and called the Rimmington custody record “a document of fiction”. Perjury, by any other name, once its contents were relied upon, by Green, under oath. Indeed, the judge went on to say further: ‘We saw an unorganised, unsupervised rabble. In my view, it requires further investigation and possible charges against a large number of officers”.

715627893

The Leeds Bridewell “Shambles”, as described by Judge Scott in court, was the headline that covered most of the front page of the Yorkshire Evening Post the following day.

Danny was acquitted of assaulting the teenager whilst putting him in the van on a jury count of 12-0. The jury simply did not believe his accuser, PC David Oldroyd. Danny was, however, convicted of assaulting him while taking him out of the van which, once the proximity of another police vehicle in the caged and CCTV’d Bridewell van dock is confirmed, that alleged attack becomes a physical impossibity. He was also convicted, by a majority of 10-2, of the cell assault.

The police’s key witness PC Kevin Liston has now left the force in disgrace, after committing a series of assault/drug/sex based offences before and after the trials. Liston was kept ‘clean’ by the Professional Standards Department (PSD) of West Yorkshire Police, racking up at least twelve serious crimes over a ten year period. That was the price the force had to pay for the lid not coming off the huge cover-up that was in play. Much more can be read about Liston here.

In January 2013, Greater Manchester Police was appointed to review the PSD investigation that led to Danny’s conviction. The codename is Operation Lamp and it began with Superintendent Peter Matthews as Senior Investigation Officer. From Matthews’ first visit to the Major’s home – a meeting at which I was present – the shock at what he and his fellow officer, DC Natalie Kershaw, were seeing, when viewing the evidence for the first time, was palpable.

It was an investigation that was expected to last six months, but the amount of previously undisclosed material, plus the lines of enquiry flowing from that, extended the time required for both the detective work and report writing.

Matthews retired at the end of 2013 and was replaced as SIO by an officer who had worked on the case from the outset, DCI Julian Flindle.

Both Matthews and Flindle – and indeed the rest of the Manchester detectives involved on Lamp – developed a very good rapport with the Major family from the outset, and have been impressed by the sheer scale and reach of Eric Major’s own detective work on the case, before their more formal investigation began.

There has also, clearly, been some behind-the-scenes political wrangling as phase one of the investigation was, to all intents and purposes completed in December 2014. It is expected to at the very least infer, if not expose directly, that the drive to convict, and then remove, Danny Major from the police service extended to the top management of West Yorkshire Police.

David Crompton, the recently suspended and thoroughly disgraced Chief Constable at South Yorkshire Police, was the officer who dismissed Danny at a misconduct hearing following what his mother, Bernadette, described as nothing more than a “kangaroo court”. At the time, Crompton was the infamous Sir Norman Bettison‘s Deputy and, in correspondence between the IPCC Commissioner at the time, Nicholas Long, and the IPCC’s current Senior Oversight Manager Rebecca Reed, it is clear that is was Bettison himself who made the decision to hold misconduct proceedings, before the outcome of Danny Major’s appeal against his conviction had been heard.

article-0-213764A200000578-955_634x355

Crompton (pictured above) made an excruciating ‘gaffe’ at the opening of the disciplinary hearing that revealed his mind was already made up about dismissing PC Major and the hearing, thereafter, was a sham. It is also clear from the same batch of IPCC documents, to which I have exclusive access, that the hearing itself was potentially unlawful. No appropriate notice had been served on the IPCC by the police, who were yet to determine what disciplinary measures were to be recommended in Danny Major’s case. West Yorkshire Police later claimed – and the IPCC tamely accepted – the S75 notice was “lost in the post”. The two IPCC officers who made this discovery withheld this, and other, crucial information from the Major family for five years. This revelation would appear to seriously compromise the IPCC’s Chair, Anne Owers, who sits as a non-executive director of the CCRC.

One of the most damaging effects of that delay is that the Crown Prosecution Service disposed of their files relating to the three trials that ultimately led to conviction of PC Danny Major, prior to launching of the GMP outside force investigation.

The Operation Lamp report was presented to the Police and Crime Commissioner for West Yorkshire, and the Chief Constable, on 11th December, 2015. Mark Burns-Williamson, who for so long frustrated the family’s fight for justice, released this press release shortly afterwards (click here).

Ex DI Michael Green, Ex-PC Kevin Liston and former West Yorkshire Police Band leading light, David Oldroyd (promoted to sergeant immediately after Danny’s conviction at the third trial) are expected to face criminal proceedings, if the report is acted upon appropriately by the Chief Constable of West Yorkshire Police. Another Band member at the heart of the Major scandal is Force Solicitor, Mike Percival, who has been excluded from any further dealings with the case at the request of the Major family.

west_yorks

The Manchester detectives have also been liaising with the CCRC throughout the investigation and Lamp’s key findings are expected to be presented to them, shortly. The new evidence uncovered should be sufficiently persuasive for the CCRC to refer the matter back to the Court of Appeal for a second time.

Danny Major continues to be represented in his dealings with the CCRC by Maslen Merchant at Hadgkiss, Hughes and Beale, a Birmingham firm of solicitors.

In the meantime, battle is joined with the West Yorkshire PCC, and the force, over the provision to the Major family, as key stakeholders, of an unredacted report to Danny’s solicitor. Given the track record of Mark Burns-Williamson and his Chief Executive, Fraser Sampson, in repeatedly blocking this family’s fight for justice in the years prior to 2013, it is not expected to be easy. It is also noteworthy that Burns-Williamson did not contact any member of the Major family even once, in the period between the referral in January 2013 until the day the report was delivered to him almost three years later.

A redacted version of the Operation Lamp report was made available to the Major family on 29th January, 2016. Channel 4 covered the event with this loop broadcasted on their main evening news slot: click here to view. The interview with Danny Major revealed only what has been known for some years and what I have been publishing for over three years. Curiously, C4 made no comment over the concerns about the referral by Mark Burns-Williamson and the Chief Constable to the IPCC.

Burns-Williamson was expected to announce phase two of the Operation Lamp investigation early in the new year and Greater Manchester Police are keen to take on the task with the same team of detectives who completed phase one. This follow-up investigation should probe the WYP PSD and IPCC cover-up, from 2006 onwards, that prevented the Major family getting justice much earlier than 2016. Instead the referral has been made to the IPCC which will, inevitably, mean another long delay whilst the police watchdog decides how it can best step around the fact that they were an integral part of the problem ten years ago and, of course, ever since. There is also the deeply unhealthy relationship between the Wakefield office of the IPCC and West Yorkshire Police to factor in, which is not at all good news for the Major family.

In the event, the IPCC quickly washed their hands of Operation Lamp and referred it back for ‘local investigation’ and GMP have now been further tasked with investigating ‘whether, in their view, there are any criminal and/or misconduct matters to answer’ according to a statement issued by T/Chief Constable, Dee Collins. Who shares the Command Team table with two officers who must certainly have known of the sustained Danny Major ‘cover-up’ through their senior roles within Professional Standards over the years. They are ACC Andy Battle and ACC Angela Williams. The latter was involved from the outset, dealing with Mrs Major’s original complaints about the crude fit-up of her son by his own police colleagues. Battle was Head of PSD in 2011 to 2012 when PC Kevin Liston was still being ‘protected’ whilst commiting offences.

On a more positive note if, as now seems very likely, Danny Major’s conviction is quashed at the Court of Appeal he will be reinstated in the police service, by right. It his wish that he joins the Manchester force who will have done so much to help that cause.

My own view, and one, I must stress, not shared by the Major family, is that GMP should not have been given the second investigation into the shameful conduct of their West Yorkshire neighbours. They took far too long on the first investigation, without properly explaining why, and with ACC Garry Shewan in charge – a police officer in whom I have absolutely no trust or confidence – there is the ever-present risk of tainting (Shewan is pictured below). I also have good reason to believe that, whilst Shewan is keen to see the Danny Major conviction quashed at the Court of Appeal, he is not a police service boat-rocker and, in my informed view, lacks the stomach to see through a conviction of the perpetrator of the assault on Sean Rimmington in 2003. Unless and until that happens, Danny’s name will not be cleared.

JS34759736

My choice for phase two of Operation Lamp would be Devon and Cornwall Police, who conducted an investigation in 2013 which was codenamed Operation Garnett (read the redacted report here). This also concerned deep-seated corruption within WYP’s Professional Standards Department dating back to 2006 and was brought about following complaints by a retired Northumbria Police officer, Supt Trevor Fordy. All Mr Fordy’s complaints were upheld by the Devon force and some of the discredited officers were common to both the Garnett and Lamp investigations. Notably, ex-Supt Trevor Kerry. As an experienced major crimes SIO, Mr Fordy’s best collar was Curtis ‘Cocky’ Warren, the infamous Liverpool drug baron who was, reportedly at the time of his sentencing, the country’s biggest ever drug dealer.

There is also the spectre of two outside force investigations and a Metropolitan Police ‘peer review’ into alleged corruption within the Professional Standards department at Manchester which, on the face of documents I have seen, may involve both Shewan and DCI Flindle.

Aidan Kielty, a former GMP Police Federation official, now turned whistleblower, made some startling revelations to the BBC on this topic in September, 2015. Read more here. His views reinforce my own, insofar as the Major case would be best served well away from GMP, once all the implications from phase one of Operation Lamp have been dealt with. Mr Kielty was interviewed as a potential witness in a recent BBC File on 4 broadcast featuring the GMP scandal, but was edited out due to time constraints. There is a curious symmetry here as it was co-producer of the GMP programme, Sally Chesworth, whose views on the merits of the Danny Major case were one of the keys in forcing the Operation Lamp enquiry to be opened. The full GMP File on 4 podcast is available here.

However, the Danny Major scandal is a story that still has some way to run, and with the sensational collapse of the high profile Dennis Slade murder re-trial in November 2015, together with the Inspector Keith Boots alleged £1million drugs theft trial due to commence in January, 2016 it leaves the beleaguered West Yorkshire Police facing three more huge corruption scandals, to add to an already bulging tally.

With the next PCC elections due on 5th May, 2016, will beleagured Burns-Williamson be sticking to his 2012 election mantra? “There is no corruption in West Yorkshire Police

Last update: Friday 29th April, 2016 at 0925hrs

Follow me on Twitter: @Neil_Wilby

________________________________________________________________

© Neil Wilby 2015-2016. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

Photo credits: Greater Manchester Police; Parliament.uk