MP to seek second adjournment debate

Exactly six years ago, at the end of the day’s Parliamentary business, Gerry Sutcliffe rose to his feet from the green leather benches to begin his contribution to an adjournment debate on the subject of the John Elam miscarriage of justice case. This is what he had to say:

“I am pleased to see the Minister for Policing, Criminal Justice and Victims in his place. I do not expect him to be able to respond in detail to the important issues that I will raise, but perhaps while he listens to my speech he will reflect on what advice he can give on the best course of action to take the matter forward.

“The last case that I raised in which I felt a serious injustice had been done was that of Private Lee Clegg, a soldier in Northern Ireland who was convicted of murder. After the intervention of his solicitor, Simon McKay, other Members from both Houses and myself, he was eventually cleared of the crime.

“I want to make it clear that I do not raise these matters lightly. On the whole, our legal system is fair and just. It was with great pleasure and pride that I served as a Minister in the Home Office and the Ministry of Justice under the last Government. I therefore raise this case knowing the confines within which Ministers may speak because of operational issues and the legal process. I raise this case this evening because a number of things have happened that have made me want to put it on the record.

“Mr John Elam was convicted of a conspiracy to commit fraud and received a 10-and-a-half-year jail sentence in April 2008. He has now been released on licence. He has always maintained his innocence and has sought to appeal against his imprisonment. He had an appeal in 2010 that was turned down.

“A constituent of mine came to see me to raise his concerns about the safety of the conviction and the role of certain officers in West Yorkshire Police. As you will know, Madam Deputy Speaker, Members of Parliament are approached by many people who feel that the legal system has operated against them. Sometimes it is difficult to unravel what the issues really are. As any other constituency MP would do, I wrote to the appropriate Departments and West Yorkshire police, and I contacted Mr Elam’s then solicitors, Keith Dyson and Partners. I also had meetings with the West Yorkshire Police Commissioner [Mark Burns-Williamson].

“My interest was stirred even more when differing accounts of the case emerged. According to West Yorkshire Police, Mr Elam was an international criminal who had connections to the Russian mafia and was involved in money laundering and the drugs trade. However, according to his solicitor, Mr Elam was the victim of police intimidation and a dirty tricks campaign, which included a lack of disclosure at his appeal. I am not a lawyer, so I was unsure what legal avenues were available to resolve the conflicting stories. As MPs do, I asked around, seeking advice and receiving information from many sources. The responses led to my interest in the case deepening further.

“Mr Elam had only one previous conviction, for common assault—he threw a Toby jug at a pub landlord. How did that minor criminal evolve into an alleged international criminal? According to West Yorkshire Police, they were interested in Mr Elam in 2005 and sought approval to have him monitored and placed under surveillance as a dangerous criminal. Operation Teddington was set up, and a very large amount of resources was spent on the process. Covert action was used to monitor the bank accounts of the Medina Trading Company, which consisted of a restaurant and a car wash. Mr Elam has always admitted his involvement with the Medina company and its directors.

“The Yorkshire Bank held the accounts of the Medina company, and an employee of the bank at that time, Mr Richard Shires, passed on information relating to the accounts, and cheques, to DC Mick Casey of West Yorkshire Police, as confirmed by affidavit. During my investigations into the matter, I have submitted a number of freedom of information requests to West Yorkshire Police, through which I have discovered that a person called Mr Richard Shires was a serving special constable in West Yorkshire Police at the time the information was passed on. I have also discovered that a person called Mr Richard Shires subsequently became a paid constable in West Yorkshire Police and continues to serve to this day. I have tried to discover through a recent freedom of information request whether those Richard Shires were one and the same, but at this time I have not been provided with that information.

“If those Richard Shires were one and the same, there was a clear conflict of interest, and more to the point, the credibility of the information and cheques passed to DC Casey would be called into doubt. I think all would agree that it would never be appropriate for a bank employee who was also a serving special constable to assist with the inquiries of the very same police force he worked for.

“At the trial, the Crown was represented by Mr Jonathan Sandiford. No evidence was given about the wider concerns relating to Mr Elam’s criminal associations. In fact, Mr Sandiford stated: The prosecution case here is that the conspirators sought to conceal the fact that Mr Elam was the true owner of the companies acquiring the business in order to defraud creditors’.

“In summing up the case, His Honour Judge Wolstenholme said to the jury that ‘….what you must do is take the view that, well, something dishonest was going on with one or more of the defendants. They must all have been up to something, even if you are not sure what.’

“Subsequently, Mr Elam was convicted.

“Mr Elam’s case, supported by his legal team, portrays an entirely different account of the chain of events. Mr Elam claims that he was approached in the summer of 2004 by a police officer demanding £150,000 in cash to be paid immediately, and £30,000 annually thereafter. In March 2005, the police investigated Mr Elam’s business practices using the covert name Operation Teddington. It is alleged that, in June 2005, 49 officers were redeployed from the anti-terrorist taskforce to work on Teddington.

“As I said, in September 2005, Richard Shires was a paid employee of the Yorkshire Bank. He accessed bank accounts relating to the Medina restaurant and secured more than 3,000 cancelled cheques. A written affidavit by Mr Shires confirms that he delivered a bundle of those cheques to DC Casey. The Yorkshire Bank also confirms that it never received an order to produce from the courts.

“In 2006, John Elam was arrested, and then the Crown court trial began. Despite a wide-ranging three-year investigation, involving more than 300 officers, Mr Elam faced a single charge of conspiracy to commit fraud. He was convicted and served his sentence in HMP Wakefield as a category A prisoner, the highest security level. He had also been treated as a category A prisoner during his time on remand. Mr Elam suffered a stroke in prison and needed external medical support.

“It is my contention that, whatever the true situation, a number of questions remain unanswered and there are a number of public interest concerns. First, was a production order properly served to Yorkshire Bank, and what was the role of PC Shires? Secondly, what was the true cost of Operation Teddington, and were officers diverted from the anti-terrorism taskforce, who at the time were dealing with the 7/7 bombers in West Yorkshire? Thirdly, why was Mr Elam considered to be a category A prisoner, and who was the police officer that demanded money?

“I know the Minister cannot respond directly to individual cases and that the Criminal Cases Review Commission will take a fresh look at this case, but I am seriously concerned enough to raise these issues and the fact that, while out on licence, Mr Elam still faces issues related to the recovery of the proceeds of crime. A hearing that was suspended in October is due in February. I have tried to contact West Yorkshire police on a number of occasions about those issues, and I will continue to do so. I was heartened today when I had a more co-operative response from West Yorkshire Police because they knew this debate was taking place, and I hope to take the matter further.

“These are serious allegations and this is a serious case—as I said, I do not usually promote and push issues where I do not feel that a cause needs to be looked at. This is a sensitive case, but it is important that as constituency MPs we raise such matters when they are put to us, and that we try to get the best result for the constituents we represent, particularly where justice and the work of the police are concerned. It must always be held utmost that the police operate in a proper manner and that our legal system is operating at its best.

“I want to put this case on record. I am sure it will not end here and that we will have to deal with other issues. However, I believe that the other bodies involved—they know who they are—should look at this case in greater detail, and I look forward to what the Minister has to say.”

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Gerry Sutcliffe, former MP for Bradford South

The Minister for Policing, Criminal Justice and Victims (Damian Green) then rose to respond on behalf of the Government:

“I congratulate the Hon. Member for Bradford South (Mr Sutcliffe) on securing this debate and thank him for recognising at various stages in his speech that I will inevitably be constrained in what I can say in response to the specific points he has raised. He served in a distinguished capacity in both the Ministry of Justice and the Home Office under the previous Government, so he will recognise that as a Minister in both Departments I am doubly constrained in what I can say. I will, however, respond to his points about miscarriages of justice, applications to the Criminal Cases Review Commission, and police matters.

“Consideration of alleged miscarriages of justice is a matter for the independent Criminal Cases Review Commission, and ultimately for the appeal courts. I am aware that Mr Elam has made an application to the commission. It is therefore not a matter for the Government and it would be inappropriate for me to comment on that case on their behalf. I understand that Mr Elam has made a complaint to West Yorkshire Police that is still ongoing and being investigated by the force’s Professional Standards Department. Again, that disqualifies me from commenting on it.

“The Hon. Gentleman mentioned the background to the case, and I understand that Mr Elam and a number of co-defendants were prosecuted as a result of a major operation by West Yorkshire Police. There were a number of criminal trials against Mr Elam and other defendants in 2006, 2008 and 2009. Mr Elam was convicted of offences including assault and conspiracy to pervert justice, conspiracy to defraud, and doing acts tending or intending to pervert the course of justice. Custodial sentences were imposed following conviction, which have been served, and I understand that Mr Elam has appealed unsuccessfully to the Court of Appeal, against sentence on one occasion, which was heard in 2007, and twice against conviction—both those appeals were heard in 2010.

“As I have said, Mr Elam has made an application to the Criminal Cases Review Commission, which was established by the Criminal Appeal Act 1995. Its purpose is to review possible miscarriages of justice. Since 31st March 1997, the Commission has operated with the power to investigate alleged miscarriages of justice and refer convictions and sentences to the relevant appeal court for a new appeal. Its remit extends to England, Wales and Northern Ireland. The Commission replaced functions that were previously carried out by the Secretary of State. Parliament established the Commission specifically to be a body that is independent of the Government.

“A Commission review is rightly a long and thorough process. If Mr Elam’s application to the Commission concerns all the criminal proceedings to which he has been subject over a number years, the review will be complex and lengthy.

“It should be noted that the Commission has strong statutory powers to enable it to discharge its functions. It can direct and supervise investigations; approve the appointment of officers to carry investigations on its behalf; and gain access to documents and other relevant materials. I draw the Hon. Gentleman’s attention to the power in section 17 of the 1995 Act, under which the Commission can reasonably require any person serving in any public body to produce to the Commission any document or other material that can assist it in the exercise of any of its functions.

“Of course, “public body” includes the police, so the Commission’s powers pursuant to section 17 operate irrespective of any duty of confidentiality and allow the Commission access to information of the highest sensitivity. Accordingly, as I am sure the House can see, the Commission has the power to obtain and review the papers and materials held by West Yorkshire Police, provided the Commission believes it reasonable to do so, in connection with its review of Mr Elam’s conviction. I hope that that reassures the Hon. Gentleman that, when the time comes, the Commission can access and consider all material relevant to the review of Mr Elam’s application.

“The Commission has confirmed that an application from Mr Elam was received in January 2013. Mr Elam is now at liberty and, as I understand it, the case is not yet under active review. The Commission has informed me that it recently wrote to advise Mr Elam that the estimated date for the allocation of his case for review is January 2015. I appreciate that that is some 2 years after the original application was made and that, given the complexity of the case, it is likely to be some time before an outcome is reached once the review is under way.

“In addition, the commission has explained to me that it operates a system of priority for applicants who are in custody. For cases requiring a substantial review, the review is generally started 12 months earlier when applicants are in custody than when somebody is at liberty. Currently, the wait for those in custody is unduly long. The Commission is concentrating on allocating those cases to reduce the maximum waiting time.

“As I have said, although the Commission prioritises applications from people in custody, I am advised that it has a policy for affording priority to any individual case when appropriate. Perhaps Mr Elam wishes to pursue that, or perhaps the Hon. Gentleman can discuss with Mr Elam whether that is an appropriate course of action in his case. I should take the opportunity to repeat that the Government should not, and indeed cannot, in any way intervene or be seen to be intervening in a matter for the Commission and, if appropriate, the appeal courts.

“On the West Yorkshire Police investigation, I understand from them that Mr Elam’s solicitor contacted them at the end of last year to make a complaint about an officer involved in the 2005 investigation. West Yorkshire Police’s Professional Standards Department is currently in correspondence with Mr Elam’s solicitor about the matter and currently awaits a response. As the Hon. Gentleman has said, Detective Chief Superintendent Andy Brennan, the Head of the West Yorkshire Police Professional Standards Department, has spoken to him and informed him of the sequence of events surrounding the original complaint to the Independent Police Complaints Commission.

“The complaint was thoroughly reviewed, and the response was sent on 18 September advising that there was no evidence to support the allegation. A formal complaint was recorded by West Yorkshire Police’s Professional Standards department and, although Mr Elam and his representatives have been advised that the complaint will be subject to disapplication on two occasions, there has been no response to the letters.

“I understand that the Hon. Gentleman was advised that the process would not stop West Yorkshire Police’s Professional Standards Department from taking action on the information, especially if there is a suggestion of misconduct or criminality. I believe that Detective Chief Superintendent Brennan has also offered to meet the Hon. Gentleman to go through any outstanding allegations or suggestions of misconduct. As well as that offer—it is obviously a matter for him to decide whether to take that up—the Professional Standards Department strongly encourages Mr Elam, or any other person, to contact it should they have information that they believe may be relevant or of value. I think that that is all I can appropriately say at this stage.

“If after those stages Mr Elam is not satisfied with how his complaint to West Yorkshire Police was dealt with, or how he was notified of the outcome, he can appeal a decision to the Independent Police Complaints Commission, which is the statutory guardian of the police complaints system. There are, therefore, further steps that he can take if he wishes to do so.

“The Hon. Gentleman raised three important specific points at the end of his speech. Let me address them as far as I can. The issue of the production order to Yorkshire Bank and the role of Mr Shires is specific to one or more of the criminal cases brought against Mr Elam. If that is a case he has asked the Criminal Cases Review Commission to consider, it will investigate the issues fully. It is therefore not appropriate for me to speculate on them. Information on the costs and diversion of police resources for the purposes of Operation Teddington is an operational matter for West Yorkshire Police, so I refer the Hon. Gentleman to it for the answer to that. On the question of where Mr Elam served his custodial sentences, the decision on which custodial facility a convicted prisoner is sent to is made by the National Offender Management Service. Its decision is informed by information and intelligence from various sources, and the Directorate of High Security has a responsibility to act on that information. It is not within its remit to investigate the details of the information provided by the sources it uses.

“It is clear from the important matters raised by the Hon. Gentleman that there are issues that need to be looked into further. As I have explained, the relevant and appropriate bodies are looking into those matters now. I therefore think that the sensible way forward is to allow the application to the Criminal Cases Review Commission to take its course. I hope that that satisfies the important points raised by the Hon. Gentleman.

Damian Green sat down at 5.18pm having given a polished and, patently, well briefed response, 22 minutes after the debate opened. The obvious, and legitimate question, is what has happened since? Is everything as straightforward as he makes out with regard to the various statutory bodies and the police in their treatment of miscarriage of justice victims and did the case pan out as he said it would. What follows here is a damning condemnation of all four: The Criminal Case Review Commission, the Independent Police Complaints Commission, West Yorkshire Police and Mr Green himself.

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Former Policing Minister, Damian Green pictured alongside family friend, Kate Maltby

Green was later sacked by Prime Minister, Theresa May, as First Minister after he admittted making misleading statements following the discovery of pornography found on his Commons computer in 2008. Those listening to the swish sound of whitewash being smoothly applied during his response to Gerry Sutcliffe wouldn’t have been too surprised at this turn of events. Mrs May was, of course, Green’s ‘boss’ at the Home Office at the time of the adjournment debate. She did not call for a review of any matters with which he had been involved as a result of his admission of dishonesty.

Other allegations raised against him by Kate Maltby, were found to be “plausible”, but no definitive conclusion could be reached about them as a result of “the competing and contradictory accounts” of the Minister and a female family friend who is nearly 30 years his junior, regarding inappropriate sexual behaviour.

Mrs May was heavily critical of the police in the way they carried out the raid on Green’s parliamentary office in 2008, when the pornography was discovered. One might fairly say that the former Home Secretary was not quite so robust when members of the public were victims of unlawful, high-handed and/or heavy-handed treatment by cops.

The first port of call for a member of the public having difficulties with the police should be his elected policing representative, the Police and Crime Commissioner (PCC), voted in by the public for that very purpose. Regrettably, the PCC for West Yorkshire is Mark Burns-Williamson, one of the worst in the country, in a field of plenty. His approach throughout the Elam fight for justice has been nothing short of disgraceful: He firstly lobbied his Labour colleague, Gerry Sutcliffe, to drop his involvement with the miscarriage of justice case. Burns-Williamson then, as he invariably does in other complaint cases, simply adopted the police postion without making independent enquiries: So, in the PCC’s eyes, Elam is a notorious Russian mafia gangster and unworthy of the assistance of the officer paid to perform that function. But when asked by Mr Sutcliffe to provide evidence, or substantiation, of that position  he could provide none. In fact, he refused to answer correspondence.

For a series of investigations into John Elam and others, that Gerry Sutcliffe believed had cost, in total, approaching £100 million of taxpayers money, and, at times, occupied up to 300 officers, the PCC ought really have been a great deal more rigorous in challenging the police narrative.

As far as West Yorkshire Police is concerned, their treatment of John Elam continues to be highly questionable. Despite almost ten years of intensive covert surveillance, of the most intrusive nature one can imagine, there was not one scrap of evidence that he fits their bizarre description as an international drug-running, money laundering, Russian mafia gangster produced at his trials. Despite many requests from Elam, his legal representatives, his MP’s, there has not been any evidence of the same genre produced in the intervening 11 years, either. Which makes the Burns-Williamson stance even more inexplicable.

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John Elam, in his office in Leeds, sizing up the next land development project.

He looks a long, long way from that, sloshing about on a brownfield construction site in Bradford in torrential rain on a cold, sleeting December morning rallying his workers from the front. Yet still the police pursue him; smearing him with banks and professional associates, making life as difficult as they possibly can to put his undoubted, almost unequalled, business acumen to use as a property developer. Very few would be able to start with less than nothing, from gypsy stock, and legitimately turn that into a £multi-million fortune.

There is also this troubling whiff of racism, and all the resentment infecting people of such unpleasant disposition, that appears to permeate into almost all of WYP’s actions. Is it the gypsy blood and the ability to wheel and deal, making ‘easy money’ by putting ‘back to back’ land packages together that gets their goat?

One senior WYP officer is alleged to have said at the time of the Sutcliffe adjournment debate: “How did that gypsy f****r get his case on the telly like that”.

Every complaint made on behalf of John Elam (he is in the later stages of his life, having made and lost several fortunes, getting to grips with reading and writing) is airily batted away by the police. Then kicked further into the long grass by the thoroughly disgraced IPCC (now the similarly disgraced IOPC). Aided and abetted by a police complaints system deliberately re-designed, in 2011, to hamper the public at every turn.

Two long-serving officers turned up to meet Elam at Gerry Sutcliffe’s office in Bradford in 2014, Simon Bottomley and Osman Khan. Both DCI’s at the time, who have gone on to be Heads of PSD at WYP. Bottomley is the present incumbent, having succeeded Khan last year. Both have a chequered history amongst those members of the public who have had the misfortune to complain against their local police force. Their disposition towards John Elam and Mr Sutcliffe was agressive and confrontational throughout. They had turned up in place of Andy Brennan, who had done a ‘moonlight flit’ and left WYP shortly before he was due to meet with the MP and Elam, as Damian Green had indicated he would. When Elam spoke to Brennan by phone he could offer no explanation for his ‘retirement’ from WYP. The meeting produced nothing of use to the fight for justice. The barriers were up and stayed up.

The stigma of the 7/7 bombings, and the effect of the withdrawal of WYP’s specialist counter-terror officers onto what appeared to be an almost wholly disproportionate vendetta, also rankles deeply with the force’s hierarchy. Further discrediting Elam is one of the only ways they can salve their conscience after 56 people died at the hands of three radicalised suicide bombers from Leeds, and one from Kirklees.

The CCRC did, eventually respond in April, 2016, three years and three months after the submission of the Elam appeal to them. Their detailed findings, and the flaws inherent within them, including what appears strongly as ‘verification bias’ and a lack of basic investigative rigour will be the subject of a separate, but linked, article on this troubling miscarriage of justice case.

The CCRC provided no satisfactory answers on the key issues concerning:

(i) Richard Shires and his dual and contemporaneous role with Yorkshire Bank and WYP.

(ii) The provenance of the Production Order which took nine years for WYP to eventually produce (in the end to Gerry Sutcliffe) and the Yorkshire Bank are adamant was never served on them at any time.

(iii) The true status of the alleged police informant, Andrew John Rudd. Whom it is said was acting as agent provocateur.

(iv) The classification of John Elam as a Category AA prisoner. Extraordinarily, and quite independently as an investigative journalist, I have obtained access to that information and about which there will be a seperate article naming the officer who provided what appears to be false and malicious information to HMP’s Director of High Security.

(v) The identity of the police officer who turned up at John Elam’s home in Scarcroft and demanded £150,000 in cash up front, and £30,000 per annum thereafter, ‘to make your [John Elam’s] problems go away’. No enquiries were made as to the whereabouts of the film from a covert camera situated in a bird box in a tree opposite (in the garden of a former Leeds United goalkeeper, Nigel Martyn).

(vi) The continued smearing of him as a very serious organised drug-running, money laundering, Russian mafia criminal, absent of even the smallest scrap of evidence.

What they did do, incredibly, was have at least one face-to-face briefing with West Yorkshire Police, the very organisation whose serious, and proven, wrongdoing was at the heart of the Elam CCRC appeal. It appears to have escaped the attention of the CCRC that WYP has the worst record of any police force in the country when it comes to serious, high profile miscarriages of justice. Dating back to the 1970’s and the deeply shocking Stefan Kiszko and Judith Ward cases (read more here). They are a police force that simply cannot be trusted to tell the truth or not tamper with evidence and/or witnesses. That is not fanciful speculation, it is an inalienable fact.

Most crucially, what they CCRC didn’t do was exercise their extraordinary powers to obtain disclosure independent of the police and prosecution filters or barriers. If they had, they would have discovered, as I have done, that covert surveillance on John Elam began accidentally in 1998 when an operation (my informant who worked on the case cannot recall the name) was mounted in East Leeds targetting other persons of interest to the police. Elam was a business associate of one of them. West Yorkshire Police say they have not been able to trace the operational name either, despite very specific information being provided to them that should make it a straighforward task

An operation that followed, codenamed Primary, did target John Elam but yielded nothing after three years of intensive, intrusive surveillance as they tried to link him to WYP’s ‘most wanted man’, Dennis Slade. A career armed robber whom the police fitted up in 2010 for a murder conspiracy he wasn’t part of. There was never any connection to find between the two men, socially or in business dealings, except for a fleeting introduction in a Leeds pub one evening. Slade’s conviction on that murder count was quashed by the Court of Appeal and the charged dropped one week into the re-trial in April, 2019 (read more here).

West Yorkshire Police misled Damian Green when they stated that surveillance on John Elam only began in 2005. It would have seriously harmed their case if the obsessive vendetta had been found to have begun five years earlier.

For my own part I can say this: I’ve known John Elam for seven years and either I am blind and stupid or he is a hard-working family man, unfailingly courteous, would walk a mile to do a man a good turn, would turn around rather than do him a bad one. His office is on one of the busiest corners in Leeds, he operates in a highly competitive business arena but appears to have the respect of his peers. Deals get done, and the wheels of the diggers and trucks turn. He is in the public eye insofar as he regularly takes his daughter and grandson out for meals and spends many weekends with them at their caravan at the East Coast seaside. That is not the lifestyle of a mafia gangster.

Like me, he abhorrs any form of narcotics and will not tolerate their use in his presence.

What I can’t say: That there is any evidence at all that he is the major criminal portrayed by the police. He is a one man band and has no association with any gang, apart from those carrying out groundworks on construction sites. He has the same computer in his office that he has had all the time that I’ve known him; he freely gives me access to that. He has just one ancient mobile Nokia phone that, apart from making and receiving calls, he struggles to use. There are no burner phones or SIM cards; no sophisticated means of encrypted communication used routinely by criminals, even the not-so-serious ones these days; no firearms; no weapons (and he wouldn’t even try to beat me in a fist fight). Nothing at all to support the notion of a criminal lifestyle and enforcer. His mode of transport is a 4 year old Ford Ranger open-backed pick-up truck. Not ideal if you are transporting illicit goods, cash or weapons.

What John Elam does have is a burning sense of injustice. It will never leave him. Why else, nine years after he was released from prison would he still be battling the police and the criminal justice system, spending whatever money he can raise on lawyers, trying to clear his name. The reader is invited to draw their own conclusion from that and look out for the follow-ups to this article which will appear in the coming weeks. This is a story that will run and run.

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Alex Sobel, MP for Leeds North West

APPEAL: If any retired or ex-West Yorkshire Police officer wants to come forward, anonymously or otherwise, with information that may assist in answering the questions still posed by this troubling case, they are asked to contact, in complete confidence, the office of John Elam’s MP, Alex Sobel. The Member for Leeds North West has been assisting Mr Elam, particularly with disclosure issues, for the past eighteen months. He has promised efforts will be made to secure a second adjourment debate in order to fill the gaps from the first one six years ago. They are, however, difficult to come by and Alex has not been at all lucky in the ballots that take place when pursuing other issues on behalf of constituents.

Alex secured a resounding victory at the recent General Election, securing a third term in office with a substantially increased majority. Very much against the trend for the Labour Party. John Elam, as a constituent campaigned strongly amongst his family, friends and associates for an elected representative he holds in high personal and professional regard.

 

Page last updated at 1650hrs on Tuesday 28th January, 2020.

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Lamp fails to light the way

Seven years ago today, The Times newspaper informed its readers that Her Majesty’s Inspector of Constabulary had appointed Greater Manchester Police (GMP) to investigate corruption allegations involving a neighbouring force (read the article in full here).

The notorious West Yorkshire Police (WYP), whose miscarriage of justice history stretches back almost 50 years, are accused of a widescale force-wide ‘cover-up’ in the case of ex-PC Danny Major, a graduate probationary officer who was jailed for an assault on a teenaged prisoner, held in Leeds Bridewell, after WYP colleagues testified against him in three criminal trials.

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PC Danny Major pictured as a young officer in Leeds

The first trial, in 2005, was stayed as an abuse of process; the second, in April 2006, declared a mis-trial after the jury could not reach a majority verdict; the third in November, 2006, saw Major convicted of two counts of common assault and sentenced to 15 months in prison. He served 4 months before being released on licence in March, 2007. The offences took place in September, 2003. The victim, Sean Rimmington, was a lairy 6’4″ amateur rugby league player who had drunk himself senseless and was found at around 4am propped against the old Millgarth Police Station in central Leeds.

After an inexplicable delay of over five years, Mark Burns-Williamson, West Yorkshire’s perenially ineffective Police and Crime Commissioner, finally referred the case to the Independent Police Complaints Commission (IPCC) after complaints that officers’ testimonies were unreliable and that other key evidence, including closed-circuit television footage, was withheld from the defence during those trials.

Like the PCC, in his former life of Police Authority Chairman, the IPCC had also previously rejected the complaints made by Danny’s mother, Bernadette Major, after what appeared to be a closed, compromised, rigour-free, highly partial assessment of the issues raised against the police, in 2007. Those were, of course, the police watchdog’s familiar trademarks and, many years too late, they were eventually dissolved in December, 2018 after a lengthy series of national scandals, often involving loss of life at the hands of the police, and of which the Major enquiry was just one relatively minor part. No life was lost, but many were ruined.

I was namechecked in The Times article and freely credited, at the time, by both the Major family and GMP, as the campaigner singularly responsible for the reluctant change of heart by the two Commissioner bodies and the instigation of the ‘outside force’ investigation. Sampson and Burns-Williamson had branded the Major family ‘persistent complainants’ (a fate that has befallen many others, including myself) and the IPCC had previously placed them in ‘special measures’ with a single point of contact (SPOC) stonewalling their enquiries and entreaties. The SPOC, who cannot be named for legal reasons, had a vested personal interest in maintaining the status quo.

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An extract from The Times article of 26th January, 2013. It was headlined ‘Police force accused of cover up faces corruption inquiry’

WYP, and the IPCC, for their part, maintained a resentful silence after the referral but I was, over the succeeding three years to be attacked by both those policing organisations claiming harassment against officers whom I’d named as failing in their public duties. Neither succeeded; the IPCC via the civil courts and WYP via a lengthy criminal investigation, but the attrition, undoubtedly, left a lasting toll. To this day, I am continually harassed by WYP as they regularly instruct lawyers to seek to have me removed from courtrooms from which I am reporting as an accredited journalist. So far, those lawyers, and the police force, have only succeeded in making even bigger fools of themselves.

GMP, in the guise of ACC Garry Shewan, the Gold Commander, also pulled a harassment rabbit out of the hat when he was caught out, telling at least one lie, just six months into the Danny Major investigation, randomly codenamed Operation Lamp. That complaint also came to naught, except that I refused to have anything further to do with him. I was widely reviled for calling out Shewan on social media, and in articles written at the time, as he enjoyed a high profile and appeared to be a very popular senior policing figure. In my own experience he was a pompous, shallow and, at times, quite ludicrous individual.

The succeeding years saw Shewan fall into disgrace as police whistleblowers came forward to reveal both his own integrity shortcomings and the wider, and deeply entrenched, ‘cover-up’ culture cascading down from the top of the Greater Manchester force of which he was, of course an integral (and some say central) part. The best read article on this website, even though it was only published a few months ago, covers in some detail that propensity. It can be read in full here.

Shewan was also very largely responsible for one of the biggest in-house disasters the UK police service has ever encountered. A £27 million IT transformation project, nicknamed iOPS, which he formulated, procured and implemented has turned into an £80 million (and rising) nightmare for the Manchester force. I’ve written thousands of words on the topic (read more here) and appeared on an ITV Granada Reports programme that put the extent of the scandal into the public domain for the first time (view here).

When the terms of reference for Manchester’s Danny Major investigation were set. Shewan acted on behalf of his force and I represented the Major family in that process as their on-record complaint advocate. Fraser Sampson, the PCC’s slippery chief executive completed that particular triangle. He was the public official whom, it is generally acknowledged by insiders, was mainly responsible for continually blocking the Major family’s fight for justice prior to 2013. For Sampson, a man whom I have found to be a stranger to the truth on more than one occasion, and called him out on it face to face, it very probably comes down to money: Danny Major would be entitled to £millions in compensation for malicious prosecution, false imprisonment, loss of status, reputation, salary, pension and associated benefits if his name is eventually cleared at the Court of Appeal. Every year that goes by compounds the figure dramatically. It would fall to Sampson, as WYP’s general counsel, to settle the claims and sign the cheques.

It was at my dogged insistence that the term “go where the evidence takes you” was included for reference by the Operation Lamp investigators. The relevance of that demand was to unfold dramatically just under three years later.

In December, 2015, a redacted version of the Operation Lamp investigation outcome was finally released to the Major family. Shewan and another officer with whom I had clashed, C/Supt Paul Rumney, had sat on that report for 12 months. There was no credible explanation for the delay. The Lamp outcome ran to 506 pages, with seven additional volumes of evidence.

Although I have not seen that version of the report, from what was reported in the media elsewhere, it completely vindicated what I had said to crime reporter (now crime and security editor), Fiona Hamilton, at The Times in January, 2013.

The Major family and I split in the days before the publication of the Lamp report, although cracks in the relationship had appeared a little earlier, once Ian Hanson, the Chairman of the GMP Police Federation had become involved with them. His mission, it seemed at that time, was to drive a wedge between us, by promising the earth to the Major family, provided I was kept at arm’s length and any media activity involving me very much muted.

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Ex-GMP Federation Chair, Ian Hanson

Later events, including the emerging fact of Hanson’s close friendship with the present chief constable, the now disgraced Ian Hopkins, considerably fortify that belief. This is an article I first published in December, 2015 in response to Hanson’s ‘deal’ with the Majors (read in full here). It was later updated to reflect information that had become publicly available in the meantime.

In my certain knowledge, Hanson was viewed by well-known and well-respected police whistleblowers as an over-promoted, self-regarding, under-achieving, and, perhaps ungenerously, as a ‘command team quisling’. His standing does not appear to be overly high with his successor at the Fed, either, if one reads closely into the election publicity of Stuart Berry. Interestingly, Berry’s relationship is, reportedly, very different when it comes to dealing with the chief constable and the new Chairman is prepared to forcibly stand his ground, where necessary, to protect the interests of his Members.

But, for all that, Hanson achieved what he set out to do and the Majors were now isolated and at the mercy of the same institution, the police service, that, apparently, ‘fitted-up’ Danny and then, and about this there is no doubt, engaged in a persistent, long-running, grotesque, multi-agency ‘cover-up’. Personally, and professionally, I found that action by GMP, and its tame acceptance by the Major family, profoundly disappointing. Not least because I had been asked to write the book about the Danny Major miscarriage of justice – and it was always understood that I would manage media relations exclusively on their behalf once the Lamp report was published.

In the event, I was dropped like a stone and it is as though I never had any part to play in the family’s fight for justice. Nevertheless, life goes on and the Lamp report produced some sensational headlines in the local, regional and national media. It also received extensive coverage on network television. Danny Major thought the battle was won and he was about to be cleared and return to work as a police officer (he was promised a job with GMP as part of the Hanson ‘package’). But to me, given my inside knowledge, the Lamp report was fundamentally flawed. There had not been a single arrest or prosecution. Or, so it seems, not even one interview, under caution, of any suspect. Greater Manchester Police had NOT gone where the evidence took them, as they were required to do under the terms of reference. It would impact on everything that follows.

At least two officers escaped justice during that near three year investigation period. The most obvious was ex-PC Kevin Liston, a serial criminal whom had been protected for almost 10 years by West Yorkshire Police (read more here in a piece I first published in 2012). He was the main prosecution witness against Danny Major. Without Liston maintaining the stance he took before and at trial, however weak and implausible that was, then the whole case against Major falls apart. The Lamp report describes his evidence at trial as: ‘either deliberately, or inadvertently, misleading the court’.

As can be seen from that Liston article, and prior to the commencement of the Lamp investigation, a list of fifteen criminal offences committed by the miscreant officer had been compiled by the family, and myself, using a variety of police and other insiders. The Manchester detectives were to tell Eric Major, himself a retired police officer with 31 years service, that the schedule was 70% correct: The Lamp team had compiled their own list of 22 offences. There is no evidence in the public domain that Liston has been prosecuted for any of them. The readers of this article are invited to form their own view on that bizarre situation.

By a curious coincidence, my family owned a property in Baghill Lane, Pontefract for many years, less than 200 yards from Liston’s home in an adjacent street. It was sold 3 years ago.

No other journalist has ever questioned why a police officer has been given such licence to commit an alarmingly long list of criminal offences and enjoy complete immunity from prosecution. Neither has the role of the IPCC been questioned in this long running scandal, as it quite properly should. Their officers were complicit in the ‘cover-up’ from a very early stage. A point I made repeatedly to Operation Lamp detectives in the early stages of their investigation in 2013. There is no mention of this in the investigation outcome, yet the evidence examined by Lamp should, most certainly, have taken them there.

The other WYP officer to evade meaningful investigation and sanction during the Lamp investigation was former detective inspector Michael Green. As the architect of the apparently malicious Danny Major prosecution, that has regularly been described since as a ‘fit-up’ and, at the very least, one of the instigators of a 10 year police ‘cover-up’, he should, very arguably, have been charged with at least one of two criminal offences: Misconduct in public office or perverting the course of justice.

The Lamp report, disappointingly, limited comment on Green to ‘poor investigative rigour and a mindset that could be described as verification bias’.  It reveals that he failed to recover four out of the six video tapes containing the CCTV output in Leeds Bridewell and failed to interview the officer who was in charge of the control room and monitored that CCTV on the fateful night. The two VHS tapes that were used at trial had been edited in a way that did not assist the defence team at all. Green is alleged to have been the officer who scripted those cuts. He also admitted under cross-examination that he had never viewed either of the tapes. There was also a fairly lengthy list of other disclosure failings uncovered by the Manchester detectives.

At Danny Major’s trial at Bradford Crown Court HH Judge Roger Scott stated that Green was, in his estimation, ‘Inefficient, incompetent and ineffective – and that just covers the i’s, the rest of the alphabet may follow later’. The learned judge was being generous. To those insiders, including myself, who have had access to the relevant case materials, the letter ‘c’ would have been a better place to start: ‘Criminal, corrupt and contempt (of court)’

The same judge also told West Yorkshire Police at the outcome of the trial that he anticipated a full investigation to be carried out in relation to events at the Leeds Bridewell on the night of the assault and, further, expected that several police officers should face criminal charges as a result of the evidence presented at trial. That criminal investigation never took place and the sham misconduct proceedings, that were put in its place instead, were abruptly shut down immediately after Green was interviewed as part of that process by another serial Professional Standards rogue, ex-detective inspector Damian Carr. As a result, not one WYP officer had a single misconduct finding against them as a result of the Danny Major ‘fit-up’. Carr was also, effectively, Kevin Liston’s PSD ‘minder’ for a period of around 5 years during which a significant amount of offending occured.

In another coincidence, Michael Green was in the twilight of his rugby career at Wakefield RUFC as I was beginning mine at neighbouring Sandal. He contacted me several times in 2012 and 2013, protesting his innocence and claiming the Majors were not telling the truth, and asked to meet me at Sandal for a pint (of beer) and a chat. I declined his offer. The case against him, on my reading, was incontrovertible and, indeed, the uPSD (un-Professional Standards Department) website (www.upsd.co.uk), launched in 2012 was named with Green very much in mind.

In February, 2016, West Yorkshire Police referred the ‘explosive’ Operation Lamp report back to the IPCC (now re-badged as the IOPC) who promptly returned it to WYP for ‘local investigation’. They said, in a statement at the time, that Greater Manchester Police had been invited to carry out a second review in February “to investigate whether, in their view, there are any criminal and/or misconduct matters to answer”. The force, curiously, declined to provide the terms of reference for the second investigation, codenamed Operation Redhill.

A third coincidence, if indeed it is one, is that both PCC Burns-Williamson and myself were brought up in the area of Castleford (Glasshoughton), adjacent to Redhill, and Eric Major served for a part of his career at Pontefract police station, just a couple of miles away.

Will Danny Major ever be cleared? I sincerely hope so, but we are now one month into a new decade, seventeen years after the assault on Sean Rimmington took place in Leeds Bridewell; thirteen years since Major was released from jail; seven years to the day since the article in The Times that promised to light the way to justice. To date, no-one has been prosecuted for the offences for which PC Major was tried and cleared and, more particularly, those for which he was convicted. Without the perpetrator(s) being identified, and either cautioned or convicted, then his name can never be cleared. That is how the criminal justice system works. With the passage of time, and the almost four years now taken by the Operation Redhill team on the follow up to Lamp, it strongly suggests that the two police forces are simply running down the clock. Aided and abetted, of course, by the ‘police watchdog’ in the game of pass the ‘explosive’ parcel.

Will the convictions be quashed? Nine years ago, when I was first given access to the case files and the family’s own quite brilliant investigative work, I was confident that goal was achievable, even though it requires a very high evidential and legal bar to be overcome. More so, when I was able to obtain other materials for the family, including the ‘breakthrough’ disclosure from the IPCC, via a data subject access request, that ultimately led to Operation Lamp. After the investigation report was published, everyone involved in the case assumed it was a formality – and I would place myself in that category. But the Criminal Case Review Commission ended their second review of the Major file some time ago (it began in March 2016) with no plans to re-visit until after the conclusion of the Opertion Redhill investigation. They refused a referral to the Court of Appeal after their first review which began in, or around, 2009.

It is, in my informed submission, now unlikely the CCRC will ever make that crucial referral back to the Court of Appeal, without the necessary conviction of the officer(s) in Leeds Bridewell that night who did assault Sean Rimmington. The list of suspects is small, but the evidence necessary to prove it is now, very likely, inaccessible. Also, the will of both the Greater Manchester and West Yorkshire police forces to instigate such a prosecution simply appears not to be there. How else can a second investigation, to simply review the first (which over-ran by two years), take four years, unless there are political machinations being ground out in the background?

Some of those political machinations will, doubtless, involve such as Angela Williams (famously described as “thick as a brick” by Bernadette Major) who is now an assistant chief constable in WYP. As a superintendent in PSD she was the first officer to make adverse decisions concerning the Major family’s complaints.

John Robins, the presennt WYP chief constable has twice held the command team portfolio for Standards (District) or Professional Standards (HQ) since July 2012 when he was promoted from chief superintendent.

Five heads of WYP’s Professional Standards Department all participated, to some degree at least, in the ‘cover-up’ of the Danny Major scandal and the persistent offending of Kevin Liston: They are Mark Bradley, Ian Kennedy, Sarah Brown, Andy Battle, Marc Callaghan. Kennedy labelled me “a crackpot” and Battle told me to my face, at police HQ, I was “a security risk”. Bradley I had nothing to do with. Brown I found lacking in integrity; ineffective and inefficient, Callaghan styled himself “Big Boss Hogg” on social media and the Dukes of Hazzard TV characterisation of “ineffectual, amusing bad guy”  did seem to fit in with my own dealings with him.

The IPCC casework manager who rejected the appeal against Williams’ decision is now a senior figure within the disgraced police watchdog which was forced to change its name in 2018 to the IOPC.

The pivotal roles of Fraser Sampson and Mark Burns-Williamson in the Major ‘cover-up’ will also be a political factor in what is an election year for police and crime commisssioners.

Finally, would it have made any difference if the Major family had continued to have me at their side, rather than trading me out in exchange for Ian Hanson and what appears to be a bag full of empty promises?

Personally, I think it would:

  • More searching questions would have been asked over Operation Lamp than appeared to be the case at the time, notably the ‘where the evidence takes you’ issue and why GMP had ducked out of it.
  • The Major case would have been a platform – and pinch point – from which to help expose other serious corruption matters within West Yorkshire Police and visibly assist others in bitter struggles for justice.
  • The terms of reference and timescale for Operation Redhill would have been fought over tooth and nail – and both GMP and WYP left in no doubt that private prosecutions would be laid against Kevin Liston and Michael Green if the police were not prepared to see the job through inside twelve months. 
  • The Redhill investigation would not have taken almost four years, either, because , after one year, there would have been a group of us camping outside GMP HQ in North Manchester, accompanied by video cameras broadcasting daily on social media.
  • Pressure would have been brought to bear in Parliament. Most notably with an evidence session at the Home Affairs Select Committee.

But, regrettably, we are where we are, and the last words, of course, must go to Danny Major himself:

“This case has been all-consuming. I still wake up in the night thinking about it,’

“But I am very determined to clear my name. I will never stop. In fact, everything that I worked so hard for is based upon me clearing my name.”

 

Page last updated at 1445hrs on Sunday 26th January, 2020.

Corrections: Please let me know if there is a mistake in this article. I will endeavour to correct it as soon as possible.

Right of reply: If you are mentioned in this article and disagree with it, please let me have your comments. Provided your response is not defamatory it will be added to the article.

Photo credit: None

© Neil Wilby 2015-2020. 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.

 

 

 

 

 

Chickens come home to roost

On 3rd February, 2019, during a pre-trial hearing held in Bradford Combined Court Centre, a barrister, Olivia Checa-Dover, made several quite remarkable submissions to the judge, His Honour Neil Davey QC.

One of those was to the effect that West Yorkshire Police had, incredibly, instructed her to say they did not know where to locate one of their former officers.

More experienced, right-minded counsel might have told the instructing solicitor, Alison Walker, Deputy Head of Legal Services at WYP, not to place her in such a compromising position.

At the final hearing of a controversial, high profile civil claim, seven months later, Miss Checa-Dover denied making such a submission. The transcript of those earlier proceedings will tell a different story, as does the contemporaneous reporting of them, that has stood unchallenged by WYP, and their legal team, since its publication (read in full here).

The man in question, Mark Lunn (pictured above), was the lead investigator, and the only officer working full time, on a police operation codenamed Thatcham: The largest fraud investigation in WYP history, and one that ultimately led to the arrests of 91 men, and convictions for 45 of them, over ‘crash for cash’ insurance claims.

He was the arresting officer of a number of those men. One of which was a Bradford doctor, Abdul Rashid, who ran two general practice surgeries and a private medico-legal practice in the city.

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Dr Abdul Rashid, arrested by Mark Lunn in March 2012

On 7th March, 2012, Lunn turned up at the doctor’s home with fifteen other officers at 6.15am. His wife and three children were asleep when the knock was made.

Dr Rashid was not, subsequently, charged with any offence and he had issued a civil claim against WYP on the grounds that his arrest and detention by the police was unlawful. As such, Lunn was at the very centre of those legal proceedings and the police were doing all they could to justify not producing him as a witness.

The reason the police say they ‘couldn’t locate’ Lunn is because he had, by a catalogue of dishonest actions, tainted Operation Thatcham and placed the entire investigation in jeopardy. If this was revealed by way of cross-examination of Mark Lunn, in open court, the public and the press would come to know that the 45 ‘crash for cash’ convictions are, very arguably, unsafe.

Appropriate disclosure of Lunn’s misdemeanours would have also greatly aided Dr Rashid’s claim for unlawful arrest.

It has only very recently been discovered, by a painstaking journalistic investigation (read more here), that by November, 2012, the police knew about the extent, and effect, of Lunn’s wrongdoing and its devastating impact on Thatcham. They chose to conceal that disclosure from the Crown Prosecution Service, and the suspects’ criminal defence lawyers, and thus began a sustained and far reaching WYP ‘cover-up’ that is now well into its seventh year.

The first stage of that audacious cover-up was to conceal Lunn’s wrongdoing from all except a small group of officers who had been involved in the internal misconduct investigations.

The second stage was not to prosecute him for what appears, arguably, to be at least one criminal matter (a second offence of computer misuse and associated data, licence breaches) and to apply no disciplinary sanctions at the end of that process, so that the misconduct investigation would attract no undue attention amongst the rest of the police force (at that time, misconduct findings against officers were published on police notice boards every Monday). A prosecution of Lunn would have also blown the cover-up.

The third stage was to keep Lunn under the WYP cloak, and out of harm’s way, until Operation Thatcham suspects were charged and the prosecutions of the ‘crash for cash’ perpetrators and beneficiaries were in chain. He is regarded as a loose cannon and his record both in the police and, subsequently, bears that out.

The fourth stage was to allow him, in August 2013, to resign from West Yorkshire Police with little, or no, adverse disciplinary record that would be a barrier to future employment. A reasonable hypothesis is that a deal had been cut with Lunn on this basis: Salary paid, and pension preserved, for at least another year; no adverse notes on his Human Resources (HR) file (the court heard during the civil trial that Lunn’s HR file had been ‘weeded’ and that disciplinary records had gone missing).

There is no other reason that WYP could justify overlooking a catalogue of serious misconduct issues, compounded by the fact that there is incontrovertible evidence that he repeatedly lied to two senior officers when confronted by some of them.

Mark Lunn’s lying did not stop when he left West Yorkshire Police. Before he had even left the force his name had already appeared, according to Companies House, on the list of Directors of a firm called Quo Vadis Investigation Services Ltd (QV). His biography on the company website was a fiction and he was forced to resign from QV after less than 3 months service. Lunn’s ‘success’ on Operation Thatcham was, apparently, the leverage for the appointment and the main feature of the bio, which included the claim he had been a detective for 20 years. The truth was he had been a CID officer for less than 5 years before forcibly removed from Thatcham, almost 2 years before the trial at which the men were convicted.

By 2014, Lunn was again attempting again to trade on Thatcham in a private venture. This time the vehicle was to be ‘Pennine Investigations‘. But a company of that name has never been registered and a Google search draws a blank.

In January, 2015 Mark Lunn started work at the Wakefield office of the Independent Police Complaints Commission (IPCC). But, true to form, that is not what it says on his LinkedIn biography. Enigmatically, he is recorded as working for the Home Office as ‘an investigator’ and is still listed as working there.

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Justice campaigners protest outside Pioneer House, Woolpacks Yard, Wakefield. The IPCC’s regional base in the North East.

This, on any view, was an extraordinary turn of events: An ex-police officer who has a string of misconduct investigations against his name turns up at the policing body charged with maintaining public confidence in the police complaints system. The IPCC purported to do that by oversight of the investigation of complaints made by members of the public against police officers. It is hard to imagine someone less suited to such a role as Mark Lunn.

These are just some of his misdemeanours that have been uncovered so far: He was subject to a large number of misconduct investigations whilst a serving police officer, including what appears to be a major covert operation codenamed Waffleedge; another covert operation codenamed Wademere; seriously compromised WYP’s largest ever fraud investigation; has twice been found to have misused police computers and software (many police officers are sacked after a first offence); tried to obtain £183,000 from a major motor insurance company using a bogus company as an investment vehicle whilst a serving police officer; discussed details of a sensitive police operation with unconnected third parties; is an obsessive and persistent liar; a fantasist who invents competencies and past vocational experience on his CV’s and biographies: and has confessed, in police interview, to having a very bad memory.

Lunn’s complaints record includes allegations of unlawful arrest (four); assault (four); neglect of duty (three); incivility (two); oppressive conduct and harassment of a female; and false imprisonment.

It is also more likely than not he was part of the conspiracy, along with a number of other police and civilian officers, to conceal his wrongdoing from the Operation Thatcham suspects. The driving force for that conspiracy appears to be the present Head of WYP’s Homicide and Major Enquiry Team (HMET), Chief Superintendent Nick Wallen. He was a detective inspector in the force’s notorious Professional Standards Department at the time.

It is anticipated that, when the full story eventually emerges, the list of Lunn’s misdemeanours may well be longer. Two former high ranking WYP colleagues describe him as “thick as a brick” and, not uncontroversially, lacking in the necessary integrity and intelligence to have ever been selected as a detective. Their actual words were much more direct and colourful.

Examination of documents authored by Lunn, and some of his emails, appear to bear that out. He is also given to inaccuracies, wild exaggeration and disparaging remarks about members of the public, and in one case a criminal defence solicitor, where and whenever it suited.

So the BIG questions are, how did Mark Lunn wangle a job with the IPCC in the first place, and why did he want to conceal that appointment from his LinkedIn connections, first and foremost, and anyone else amongst the wider public, curious enough to know what the miscreant officer was up to?

A subsidiary question is why did he leave the IPCC (now IOPC) fairly recently with, apparently, no other permanent employment to go to? Lunn is currently self-employed as a jobbing builder and free range egg vendor in rural Huddersfield, where he lives. Connexions Property Maintenance, ‘a family run business owned by Mark Lunn’, trades on the fact that he is a former police officer.

In what appears to be a regular ploy, Lunn sought external funding for Golcar Free Range Eggs. He raised £50 out of a crowdfunding target of £3,000. Rather less than the £183,000 he was sought from 1st Central Motor Insurance to fund his private investigation business in 2012.

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A further question is why did the police tell a circuit judge that they couldn’t locate him when he was working at the IPCC, amongst other former police officers, less than 300 yards from WYP headquarters in Wakefield?

Press enquiries have been made of the Independent Office for Police Conduct, the successor organisation to the IPCC. Contact has also been made with Derrick Campbell, the IPCC Commissioner who controlled the Wakefield office at the material time.

The Home Office and West Yorkshire Police have also been approached for comment. The latter has been asked why a circuit judge was also told by Miss Checa-Dover that Mark Lunn was not the man leading the Operation Thatcham, before he was forcibly removed. Evidence heard, and documents exhibited at the final hearing of the civil claim last month plainly showed that he was (read more here).

The Police Federation press office has also been contacted. The present Chairman of their West Yorkshire branch, Brian Booth, is a friend of Mark Lunn. Mr Booth has been contacted previously but has not replied.

Enquiries have also been made of West Yorkshire Trading Standards regarding Connexions Property Maintenance. The Trading Standards mission is to aim to ensure that the people of West Yorkshire are well informed and empowered consumers who have the confidence to interact with businesses safely and securely. Mark Lunn’s history of misrepresentation and his naked attempt to solicit business by purporting to be an honest, ethical, professional police office is concerning to say the least.

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A series of questions has been put to Mark Lunn. He has also been offered right of reply.

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Page last updated at 1620hrs on Thursday 3rd October, 2019

Corrections: Please let me know if there is a mistake in this article. I will endeavour to correct it as soon as possible.

Right of reply: If you are mentioned in this article and disagree with it, please let me have your comments. Provided your response is not defamatory it will be added to the article.

Photo credit: Telegraph & Argus

© Neil Wilby 2015-2019. 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 Smoking Gun

Earlier this week, an exclusive article revealed to an unsuspecting public the known misdemeanours of a ‘bad apple’ West Yorkshire Police detective (read in full here).

It is an important story because the reckless and, at times, dishonest actions of former Huddersfield based detective constable, Mark Lunn, may have placed the convictions of 45 men at risk.

Lengthy and forensic, the piece was almost entirely grounded in police emails and reports, together with notes from nine days of court reporting from the hearing of a high profile, high value civil claim in Bradford (read more here).

But, within the most explosive and damning piece of evidence, it has emerged that Lunn is only a bit part player: On 28th November, 2012, at the conclusion of an internal inquiry into his wrongdoing, Detective Inspector Nick Wallen, as he was then, wrote to a number of WYP colleagues in these terms:

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Chief Superintendent Nick Wallen (centre) receiving an award recently at the Police Superintendents’ Association

“Subject: DC 3602 Mark Lunn

“Ladies/Gents. Our investigation. is now concluded, there is no need for me to re-iterate what is in this report.

“My own view is that Kirklees SMT and PSD were right to remove DC Lunn from the investigation [Operation Thatcham] and to investigate respectively (sic). There is no doubt that had this issue been raised, in the first instance, at Crown Court, that the case would have been seriously compromised and may have lead (sic) to the prosecution being withdrawn.

“Mark will have undoubtedly learnt lessons from this, and his removal from CID duties to his current post [Huddersfield South Neighbourhood Police Team] may be the most suitable sanction for him.

“So, I thank everyone for their efforts regarding this matter, PSD will contact DCI Jeffrey regarding any other sanction for Mark that might be considered appropriate.

“Regards, Nick W”

The internal inquiry was one of a number of investigations carried out into Lunn’s misconduct. Another followed a complaint raised by Opus Law, a leading firm of Bradford solicitors, on 14thMay, 2012. Opus were not made aware of the internal investigation, or its outcome. It is understood, from a lawyer formerly employed by Opus, that their complaint was not concluded before Lunn left the force in August, 2013.

The most senior of the recipients of the Wallen email, Detective Chief Inspector Paul Jeffrey (as he was then), retired in July 2017 at the rank of superintendent and was central to the previous article about Lunn.

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Paul Jeffrey – who retired from West Yorkshire Police in 2017

Jeffrey hails from a family of police officers (read more here) and had first been made aware of the concerns over Lunn’s conduct, and the Opus Law letter, at a meeting on 8thJune, 2012. He instructed the local Professional Standards Department officers to carry out a scoping exercise. He was not aware that a covert police operation, codenamed Waffleedge, was already investigating Mark Lunn.

Nick Wallen is now a chief superintendent and Head of WYP’s Homicide and Major Enquiry Team: A remarkable rise for an officer whose career is littered with controversial investigations and faux pas. Not least the murder of Leeds schoolteacher, Ann Maguire, about which her widowed husband, Don, has repeatedly and justifiably complained and the ‘Bradford 4’ acid attack murder in which clear, and unchallenged, findings of evidence tampering forms part of the miscarriage of justice case of Andrew Feather Jnr, who was found on that evidence to be the secondary getaway driver. Mr Feather’s case presently rests with the Criminal Case Review Commission. He and his family has received widespread and positive publicity from a large number of regional and national newspaper articles, plus broadcast packages from the BBC and Sky.

The author of this piece has spent many hundreds of hours, collectively, on both cases. In the Maguire case there is a bizarre restriction on access to documents that were used in the inquest touching on Ann’s death, that Don has scrupulously observed, much to the frustration of both of us. Those include such as the investigation policy book (or log).

In the Feather case, unrestricted access was given to all the materials disclosed to the family, and the fruits of the remarkable post-conviction sleuthing of Andrew Feather Senior, which drew warm praise from no less than the bench at the Court of Appeal.

To be clear, there is no direct evidence that links Nick Wallen to any wrongdoing, but he was the senior investigating officer (SIO) in both cases and, as such should have signed off every action and decision in the policy book. If, indeed, actions that led to grotesque incompetence, or wrongdoing, were ever recorded there, about which there has to be considerable doubt, given the force’s very long and troubled history where policy logs and similar procedural or evidential requirements are concerned.

It can, however, safely be said that, in both cases, the timings relating to the murders, and the movements of those at or near the scene, now meticulously plotted and at variance to the police version, give rise to suspicion about the integrity of the rest of the investigation. Only a robust, thorough, independent enquiry, by another police force or policing body, can begin to allay those doubts.

The internal investigation into Mark Lunn, and the Wallen email at its conclusion, is concerning, to say the least. Taken at its face, it appears that a conscious decision was made not to disclose material, either to the Crown Prosecution Service or the criminal defence teams of the defendants, in a trial in which Lunn was centrally involved. As he was ‘officer in the case’ in only two investigations, Operation Thatcham and the one that preceded it, the field is very narrow.

The Criminal Procedures and Investigation Act, 1996 is explicit about what should be disclosed in criminal trials and failure to meet those statutory obligations could amount to an offence of perverting the course of justice. Or a conspiracy of the same, as this decision to deliberately conceal disclosure appears to involve at least five officers, including Paul Jeffrey.

West Yorkshire Police has said, in writing, that it is not investigating the matters exposed in the first Lunn article and, in those circumstances, a copy of the Wallen email was sent to Gerry Wareham, Chief Prosecutor for the Yorkshire and Humber Region, with a request that the matter be further examined by him and then referred to an appropriate policing body for a more complete investigation.

Mr Wareham, who features elsewhere on this website in a seriously troubling case (read more here), responded promptly and to the effect that he had no locus to investigate any offences that may be disclosed within the Wallen email. He has written to West Yorkshire Police, effectively passing the buck back to them, knowing they have no intention of progressing a matter that would cause the force huge reputational damage.

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CPS lawyer Gerry Wareham pictured outside Bradford Combined Court Centre

Mr Wareham expressed no alarm, or even mild concern over what had been disclosed to him which, put shortly, was that the police had duped the CPS in high profile trials, leading to the conviction of 45 men, that now appear, on their face, to be unsafe.

He also appears to be unaware of the Attorney General’s robust, zero-tolerance stance on this very issue (read more here).

As expected, following the publication of the first Lunn article other material has emerged: A former Kent, Essex and Metropolitan Police officer, Darren Jones, says that the account of their interaction, given by Lunn in police interview, is false. They did meet in London on one occasion, but ‘Operation Thatcham was never discussed’ says Jones.

It has also been revealed that, in 2014, Lunn renewed contact with Mr Jones.  He told him that he was still looking to start up his own fraud investigation company. This time the trading style was set to be Pennine Investigations. There is no such company registered at Companies House.

Materials relating to the now defunct Quo Vadis Investigation Services Ltd (QV) have also been disclosed. They show that Mark Lunn was listed as ‘Operations Director’ and made several outlandish claims in his biography on the company website. Not least that he had ‘over 20 years of experience as a CID officer with West Yorkshire Police’. In truth, he only served as a police officer for 19 years, and less than 5 of those were as a detective.

Companies House records show that Lunn became registered was a Director of QV on 31st July, 2013. He didn’t leave West Yorkshire Police until the following month. By October of that same year he had resigned, following a letter sent to QV, by Opus Law, pointing out why he had been removed from Operation Thatcham and the falsehoods on his biography.

A fraud investigator who made fraudulent claims about his own credentials was more than the other directors could countenance.

A consultant to QV, Peter Taylor joined and left on the same days as Mark Lunn, so there appears to have been a link between the two and Lunn was, very likely, leveraging the ‘success’ of Operation Thatcham to make these connections and secure positions that appeared well above his station. Taylor, rather immodestly, describes himself as ‘a highly regarded Counter Fraud professional with over 25 years experience’. He currently runs a company called Peter Taylor Consultants Ltd. Mr Taylor has been invited to prove further insight into his apparent association with the disgraced Mark Lunn.

In 2015, according to Lunn’s LinkedIn page, he joined the Home Office as an investigator. At the civil trial in Bradford the court heard that the belief of the claimant’s legal team was that he was working for the Independent Police Complaints Commission (IPCC) at their Wakefield office. On that same CV, Lunn lists ‘well versed in police misconduct procedures’ as one of his self-stated competencies. That appears to support that hypothesis.

There is an unexplained gap 16 month gap in his LinkedIn CV, from when Lunn left WYP until he joined the Home Office. There is no mention of the ill-starred association with QV Fraud Investigation Services or Pennine Investigations. He is still listed as working at the Home Office up to the present time, but also now runs a jobbing builder business and sells free range eggs in the village where he lives. A man of many parts.

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The press office of the Independent Office for Police Conduct (IOPC) was approached on 20th September, 2019 to confirm, or otherwise, whether Mark Lunn had worked for their predecessor organisation, the Independent Police Complaints Commission (IPCC) and, if so, how would public concerns over such an appointment be addressed. No response has been received from the ‘police watchdog’. Adverse inference can, of course, be drawn from that silence from an organisation that lists openness and transparency as two of its core values.

John James, a Leeds solicitor, has not responded to the email sent to him seeking an account of his interaction with Lunn. It was claimed, in police interview, by Lunn, that James was a ‘prospective co-director’ of a bogus company ‘Insurance Fraud Consultants Ltd’. It was also claimed in that interview that the two had met during police investigations upon which Lunn was engaged.

The Chairman of the perpetually noisy West Yorkshire Police Federation, Brian Booth, also failed to respond to the enquiries made of him and his association with Mark Lunn.

The Insurance Fraud Bureau (IFB) promised answers to these questions put to them concerning their involvement in Operation Thatcham: 1. A short statement from Insurance Fraud Bureau, covering the police decision to, effectively, conceal the serious misdemeanours of the lead investigator in Operation Thatcham from the CPS, and the defendants’ legal teams, would be helpful. 2. It would also assist, also, to know if WYP received any funding from IFB for Operation Thatcham.

After an inexplicable delay, they provided this statement which ducked both issues: ‘IFB’s role is to provide evidence of insurance fraud to UK police forces and to assist forces with their investigations into this criminal activity. In these circumstances, the relevant police force takes the lead with IFB providing information in an administrative role’.

A series of questions was put to the press office of 1st Century Motor Insurance in connection with the business plans for ‘Insurance Fraud Consultants Ltd’ that Lunn had compiled on police computers. After a series of meetings with two of their Directors at their Sussex HQ, he was asking the insurance company to make an investment of £183,000 in the bogus company. Police documents appear to show that at least some of that money was paid to Lunn. Clarification over the questions put to 1st Century was sought by their press officer and, following receipt, answers to at least some of the questions are promised in the near future.

In response to a freedom of information request that asked if West Yorkshire Police had undertaken a risk assessment, or a process whereby the they would have confirmed the authenticity and legal standing of the IFB, WYP said: ‘We hold no information. The Insurance Fraud Bureau has been contacted for basic information about the car insurance industry. They are not funding any aspect of the enquiry, it was a police-initiated operation. No risk assessment has been undertaken’. 

Of greater concern is that the police gave what appear to be false answers to other questions in that same request. Firstly, about the transfer of officers from other duties to run Operation Thatcham: They say there were none, Mark Lunn was certainly one as he was transferred from Huddersfield CID to the Proceeds of Crime Team at Batley Police Station to run Thatcham. Secondly, when asked whether any complaints had been received as a result of this investigation, they said there were none. In reality, there appears to be, from documentary evidence, at least three against Lunn, one of which it is known was from Opus Law.

The West Yorkshire Police press office has not repsonded to questions put to them about Mark Lunn and Operation Thatcham. Or provided a statement, as requested.

Nevertheless, and in spite of the obfuscation and false trail left by the police and the stonewalling by their perenially disgraced ‘watchdog’ and the ultra-defensive CPS, enquiries from this quarter are continuing, The next ports of call are the Police Superintendents’ Association, the Home Office, the Attorney General and the Justice Parliamentary Select Committee to test whether any amongst them has the resolve to tackle this disgraceful situation.

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Page last updated at 1130hrs on Saturday 28th September, 2019

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© Neil Wilby 2015-2019. 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.

 

 

 

 

 

 

 

Did ‘bad apple’ taint the Thatcham barrel?

In March 2008, an investigation began into two Huddersfield brothers. Concerns about their extravagant lifestyle, following an anonymous tip-off, appeared to be the trigger for the police probe.

At the subsequent trial in Bradford Crown Court in March, 2011, it emerged in evidence that Nadeem and Thazeem Khalid had exaggerated their earnings to obtain £968,000 from three financial institutions; Lombard, Birmingham Midshires and Kensington Finance.

They had used loans, fraudulently obtained, to buy a £75,000 Ferrari car, and two houses in Salendine Nook; a £650,000 detached house and another, valued at £160,000, that was subsequently used as a rental property.

After the trial, the detective constable based with the Kirklees CID response team, Mark Lunn, told a local newspaper:

“They were living a fast and loose lifestyle well beyond their means.

“Throughout our investigation they both showed an air of arrogance and were always of the opinion the case would never be proved. They were wrong.”

DC Lunn added: “They may believe they are untouchable and they may be enjoying a lavish lifestyle when the honest, hard working members of the public are struggling in times of austerity. But they can rest assured the police will catch up with them”.

At the time of their arrest, and conviction, the brothers were said to be running a company called Advanced Claims UK Ltd although their names have never appeared amonst the directors listed at Companies House. In both the evidence used for the fraud trial, and in the unused materials (for the legally minded, the MG6(c)), there were documents relating to the running of that company that aroused suspicion of bogus motor insurance claims.

Mark Lunn, who lives in the Golcar area of Huddersfield, joined West Yorkshire Police as a special constable in 1988. He served in that role for 6 years. He became a warranted officer in 1994 and remained, in relative obscurity, at the rank of police constable until around 2007 when he passed his basic exams and became a detective constable with the CID Response team in Huddersfield. He was a ‘rookie’ when he was given the task of investigating the Khalid brothers. It is said by the police that he was the ‘officer in the case’ for that investigation.

Following the conviction of the Khalid brothers, Lunn was ‘recommended’ to join the specialist Kirklees Proceeds of Crime Act (POCA) Unit at their base in Batley Police Station. The sergeant leading the team, Mark Taylor (now an inspector in Bradford CID), says ‘it was a close knit unit’. Unusually for a detective constable, Lunn was allocated an office of his own. He was also tasked with leading an investigation, codenamed Operation Thatcham, to look further into the activities of not only the Khalid brothers but, more particularly, one of their associates, Sahir Mohammed.

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Batley Police Station

But Lunn was harbouring a dark secret of his own, and the fine words he gave to the Huddersfield Examiner would come back to haunt both him and West Yorkshire Police.

Revelling in his new found ‘celebrity’, he was, soon afterwards, planning a very large loan (or investment) of his own whose provenance was questionable. The leverage for that payment was the success of the Khalid investigation and his position as lead investigator on Operation Thatcham, a joint operation that included the private, not-for-profit Insurance Fraud Bureau (read more here) and the Ministry of Justice as partners.

At around the same time, the IFB had been involved in a controversial prosecution at Southwark Crown Court of doctors and solicitors. It concluded in December, 2011, after the Crown Prosecution Service (CPS) dropped all charges, with the judge, HHJ David Higgins, describing the conduct of the case as “scandalous”.

That police investigation, codenamed Operation Triassic, had been funded and driven by the insurance industry and Ian Lewis, at the time the fraud partner at Manchester law firm Lewis Hymanson Small, representing BCR Legal Group, a London-based insurance intermediary, said: “Despite repeated requests to be provided with details of the complaints, the CPS and the police failed to do so, raising speculation that this was an investigation led by the insurance industry with a suspicion of an agenda to continue the civil cost wars in the criminal courts”.

IFB, for their part, maintain that they “….provided good evidence to the City of London Police to investigate the matter further and bring charges against the professionals concerned”. An article published by Legal Futures, covering the case, can be read here.

Questions concerning IFB’s role and whether they contributed funding to Operation Thatcham have been put to both them and West Yorkshire Police.

Police documents show that Mark Lunn added to his publicly available LinkedIn profile, sometime in 2011 he says, the fact that he was a director of private investigation business using a bogus company, ‘Insurance Fraud Consultants Ltd’, as its trading style. It was not registered at Companies House at that time. He was, it seems, looking to ride the tidal wave of money being thrown at tackling insurance fraud by the big players in that industry. ‘Crash for cash’ motor insurance frauds were one of the biggest concerns for underwriters and brokers.

He subsequently approached two senior managers of a large, well established insurance company based in Haywards Heath, Sussex. They were Glenn Marr (Fraud Director) and Clare Burrell (Claims Director) who both worked for 1st Central Insurance. They are part of the much larger, Guernsey based, First Central Insurance and Technology Group.

Lunn says he had been introduced to 1st Central by an, as yet, unidentified contact made through the ‘crash for cash’ investigations. He made three visits to the insurer’s head office, whilst not on West Yorkshire Police business, during the time he spent running Operation Thatcham.

A business plan for the bogus company was produced by Lunn, on police computers, although he told Detective Chief Inspector Paul Jeffrey, in interview, that he had worked on it ‘only in lunch breaks’. He also admitted sending out emails connected to ‘Insurance Fraud Consultants Ltd’ using his police email account.

The plan was for 1st Central to pay him £183,000, based on that spreadsheet. Apparently, whilst Lunn was leading one of the highest profile fraud investigations in West Yorkshire Police history. A series of questions has been put to the press office of First Central Group concerning the provenance of this arrangement, given they must have known that Mark Lunn was a serving police officer and it directly conflicted with his leader role on Operation Thatcham.

Lunn had already sourced an office and agreed a rental with a well-known local businessman, Ian Pogson, who passed away suddenly in July, 2014. The premises were situated at Brougham Road, Marsden a short drive from the police officer’s home. Police documents reveal that 1st Central rejected that location as they wanted Lunn’s business premises to be situated in Leeds, the recognised regional economic centre.

Mr Pogson is named, by the police, as someone who could give advice on the drawing up of Lunn’s business plan. The link to Mr Pogson was via a former Metropolitan Police detective, Darren Jones.

Lunn says he met Mr Jones through enquiries as part of the Thatcham investigation. The latter is the principal shareholder in Fraud Consultants UK Ltd (read more here). Mr Jones was asked to verify if Mark Lunn’s account of his intermediary role is true. He states that it isn’t: Mr Jones was not a serving officer at the time and he says that Lunn approached him for advice, out of the blue, as someone who had started his own fraud investigation business. He knew Ian Pogson, as he was a client for whom he was doing professional work. Beyond that, he says he has little or no recollection of Lunn. Operation Thatcham was never discussed between them.

 

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Andel Ltd was the business controlled by the late Ian Pogson

According to DCI Jeffrey, based on the account Lunn gave to him, a Leeds solicitor, John James, was also involved in the plans involving the bogus company, ‘Insurance Fraud Consultants Ltd’. He is a personal injury specialist presently working for a firm called Legal Studio (read more here). He was described by Lunn ‘as a prospective co-director’.

At the time of the alleged association with Lunn he was working for one of the largest law firms in Leeds, Ford and Warren. His CV on the LinkedIn website describes his role there as ‘Specialising in Insurance Fraud litigation, investigating and defending fraudulent motor claims on behalf of insurer clients’. Both Mr Walker, and Weightmans Solicitors, who took over the business of Ford and Warren, have been invited to give an account of any interaction with this ‘company’, a serving police officer and what appears to be a very large sum of money.

This private enterprise, apparently involving variously, and not necessarily limited to, a serving West Yorkshire Police officer, a former Metropolitan Police officer, a solicitor, and one of Huddersfield’s most successful businessmen, was, plainly, a very serious undertaking. The fact it was being organised from Batley Police Station, using police resources (office space, computers, phones at the very least), a police email address, software licenced to the police, and relying almost entirely on a number of professional connections made whilst on one of West Yorkshire Police’s largest ever fraud operations, is concerning.

On Lunn’s own account, he had been working on the satellite project for up to a year.

A series of questions has been put to West Yorkshire Police press office in order to shed more light on how this could have possibly happened and why Detective Constable Mark Lunn was not dismissed from the force. There is also the latent question of whether any of his conduct met the criminal threshold, particularly the deception over the bogus company.

The police’s position, regarding the sanctions Lunn faced over a lengthy list of serious demeanours, is that he was placed on an Unsatisfactory Performance Plan (UPP). A three-stage process that is more aligned to Human Resources than Professional Standards. Routinely used to tackle issues such as lateness or poor attendance record.

The UPP proposition, advanced by West Yorkshire Police, intended to divert attention from the investigation that it is known did take place into Mark Lunn, is, quite simply, preposterous. Those making it, and those maintaining it, should, themselves, face disciplinary or regulatory investigation.

There are also the residual and more serious issues of (i) what happened to the money that the police say was paid to Lunn and (ii) was it legitimately obtained? Public confidence in the police will suffer a serious detriment if answers are not provided to these questions.

On 14th May, 2012 a Bradford firm of criminal defence solicitors, Opus Law, wrote to the Professional Standards Department of West Yorkshire Police and drew the force’s attention to at least some of Lunn’s nefarious activities. Opus, a ‘Legal 500 Leading Firm’, represented one of the persons arrested, two months earlier, as part of Operation Thatcham: Dr Abdul Rashid, a Bradford GP and medico-legal expert.

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It appears as though PSD was either slow to act, as the third of Mark Lunn’s three visits to 1st Insurance took place eight days later, on 22nd May, 2012, or, by then, they had him under covert surveillance. He had taken that day off as unplanned leave, telling his supervisor, Detective Sergeant Taylor that he had ‘child care difficulties’.  He later told DCI Jeffrey he couldn’t remember saying that and, according to DCI Jeffrey’s notes, Lunn ‘made great play of how bad his memory was these days’.

On Monday 4th June, 2012, Mark Lunn started a planned two week period of leave. At a County Court hearing that concluded recently in Bradford Combined Court Centre, DI Mark Taylor (as he is now) gave evidence about how he came to know of Lunn’s burgeoning private enterprise. It can be paraphrased in this way: ‘On or about the first day of Lunn’s leave, DC Andrew Barrett came to his office and blew the whistle on Lunn, whom had been heard in telephone conversations obviously not to do with his police work’.

In police documents it emerges that, on DI Taylor’s account, DC Barrett was not the only team member to have heard, or seen, Lunn conducting such activities. Others were aware that he had compiled a business plan and had travelled ‘down south’ to make a ‘pitch’ for investment in his business. There was a huge concern as to how this would impact on the integrity of Operation Thatcham’.

DI Taylor’s further evidence in court was that he telephoned DI Andrew Leonard on that day, which he said was ‘at the end of May or beginning of June’ to share the knowledge of DC Barrett’s whistle blowing. There is no contemporaneous document available to support this account by DI Taylor. No emails, entry in pocket note books (PNB’s), or day books, and nothing on the investigation policy log relating to this. A ‘big red flag’ to borrow a phrase the police’s barrister, Olivia Checa-Dover, is fond of using, was not raised anywhere, it seems. Just an internal phone call, of which there is no audit trail.

A remarkable feature of those proceedings was the extent to which DI Taylor’s recollection of events varied from question to question, put to him in his examination-in-chief and, later, his cross-examination.

Another feature was that a significant number of other documents that would have supported DI Taylor’s oral evidence had either gone missing, been inexplicably destroyed or not searched for.

A third feature was how little DI Taylor appeared to know about the day to day running of the Thatcham investigation. For example, on a policy log with a very large number of entries he could not point to a single entry he had made. Almost every single one was made by DC Lunn. He told the court he was involved in thirteen other investigations or prosecutions at the time.

A fourth feature, very obviously of course, was the massive private enterprise, with a dangerous conflict of interest, being organised by the officer leading the investigation, right under DI Taylor’s nose. For up to a year, Lunn must have regarded his supervisor, working in an adjacent office, with scarcely concealed contempt.

Without the letter from Opus Law, it is possible that Lunn would have got away with his plans and scammed both West Yorkshire Police and, possibly, 1st Central Insurance, who were being asked to invest very heavily in a bogus company whilst the principal was a serving police officer.

On 7thJune, 2012, DI Taylor was copied into an email sent by D/Sgt Lockwood. Attached to the email was the letter from Opus Law.

When asked in cross-examination, at the County Court trial, if he had ever seen the Opus letter, before being shown the email in the trial bundle, he answered firmly in the negative.

He didn’t repeat the regular mantra of ‘I don’t recall’ or ‘I can’t remember’. He said: ‘No’

When shown the Lockwood email, he conceded that he must have opened it and seen the letter. The judge, Ben Nolan QC, sitting in this case as a Recorder, characterised this type of evidence as being tendered by a ‘truthful, reliable and extremely professional officer’. The judgment also gratuitously praises DI Taylor’s ‘very good recollection of his role as supervisor of DC Lunn’.

There is, very evidently, a tension between the daily reports of the hearings posted from the press seats and those judicial findings (read here). Not to mention the dangerous enterprise Lunn was perpetrating right under DI Taylor’s nose.

It now transpires, after further investigation, that the Opus letter featured in a meeting with DCI Jeffrey that took place on the day following receipt of the Lockwood email. DI Taylor had actually taken the letter to the meeting for the purpose of bringing it to the attention of ‘the boss’. The letter was not an item on the agenda, this was a routine operational review meeting of POCA team activity, and it seems, from DCI Jeffrey’s own account that this occasion was the first he knew of the Lunn complaint. It was only raised by DI Taylor when the review turned to Operation Thatcham, not as a matter of very considerable importance at the outset. Yet DI Taylor’s best evidence to the court was that he had never seen the Opus letter before being shown it in the witness box.

In DCI Jeffrey’s detailed notes of that meeting there is no mention of the Taylor phone call to DI Leonard. Or, indeed, any contact between Leonard and Jeffrey. It appears that, on all the available evidence, it was the first DCI Jeffrey, the Head of Crime in Kirklees, had heard of the complaints made against Lunn by Opus Law. 25 days after their letter had been sent to West Yorkshire Police.

The apparent delay by the POCA team, and the seeming lack of urgency in managing the complaint up the command chain, over what were, on any independent view, serious allegations, is troubling. Particularly, in the light of knowledge held, by both PSD and those senior officers, over a ‘written warning’ sanction Lunn had received, previously, at the end of a misconduct investigation into misuse of police computers. Given what was alleged, and the fact that the latest complaint came from a leading firm of solicitors well acquainted with policing matters, with documentary evidence supporting it, gives rise to suspicion that other dynamics were in play.

Frequently, police officers are dismissed from the service for computer and data misuse. It is, quite rightly, viewed very seriously and, as such, a curiosity as to why Lunn escaped with such a relatively minor sanction over his previous breach. Nevertheless, in the light of that disciplinary finding, the decision to allocate Detective Constable Lunn an office of his own in Batley Police Station, away from the gaze of the rest of his colleagues, appears highly questionable and smacks of poor supervision and decision making.

There was also one other live PSD complaint running at the time, from a member of the public, over the failure of Lunn to return seized property. The outcome of that complaint is not known. In his written response to PSD, Lunn had declared that he was ‘Team Thatcham‘ and that status, apparently, gave him immunity from any criticism, either internally or from members of the public.

In the same County Court proceedings, featuring the unlawful arrest of Dr Rashid, the court heard at the pre-trial review that there had been three previous complaints made against Lunn, by members of the public, alleging unlawful arrest. None were upheld by PSD. Under force policy at that time, West Yorkshire Police should, however, have placed a ‘red flag’ against Lunn’s name for having three complaints of the same classification made against him, irrespective of whether they were upheld or not.

Dr Rashid’s unlawful arrest claim was also dismissed, after a ten day court hearing, but is presently subject to an appeal to the High Court. He was never charged with any offence, but kept on police bail until June, 2013.

DC Mark Lunn, the officer in charge of the Thatcham investigation was, on the documentary evidence provided by the police to the court, clearly a detective who was prepared to persistently lie; misuse police assets; misrepresent himself using a police email account to further a private enterprise; repeatedly deceive fellow police officers working in the same team; engage in conduct that placed a huge fraud investigation at risk; gratuitously embellish his CV (which he still does to this day); repeatedly breach Police Conduct Regulations and place self-interest well above public service. Added to all that ‘he made great play of how bad his memory was’.

Unsurprisingly, that is not the view Mark Lunn projects about himself.

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Incredibly, this was the officer who planned and executed the arrest of Dr Rashid and wrote the operational order that included a massive, pre-dawn police raid at a residential property in an upmarket suburb of Bradford, the home of a well known professional man deeply embedded in the local community, and in which children as young as seven years old were asleep.

The findings of the judge, at the conclusion of the Rashid trial, seek to strongly downplay the impact of Lunn on the lawfulness of the doctor’s arrest and his role in it. Not only in the face of what was known in court about an officer whose very presence, let alone his position as its leader, appears to taint the entire investigation, or at the very least, up to the point he was removed from it, but the fact that almost all the documents, upon which Lunn might reasonably have noted the reasons he relied upon for the arrest, appear to have been ‘sanitised’. This formed part of the closing submissions of Dr Rashid’s barrister at the end of the trial. A point seemingly not addressed in the judgment.

The officer in charge of disclosure, on behalf of the police legal team, was DI Taylor. Warmly praised by the judge as ‘extremely professional’. From the press seats, at least, across three hearings, beginning in December, 2018 and ending in September, 2019 the drip-feed disclosure process had the appearance of an exercise whose principal aim was not to reveal anything that would undermine the principal plank of the police case.

The police’s various and changing explanations for the absence of key documents, including some of those provided by DI Taylor on oath, pose some difficulty when reconciling what is known as Authorised Professional Practice (formerly issued by the Association of Chief Police Officers, more latterly by the College of Policing), and the internal management of police information (MoPI) policies of a well-run police force. Not to mention their lawful obligations, Civil Procedure Rules (CPR) and duty of care.

One reasonable hypothesis, given what is now known about his general character and integrity, is that DC Lunn had exaggerated the reasons for the arrest in the contemporaneous documents pertaining to the arrest, for the purpose of enhancing his ‘pitch’ for investment in his private business by 1st Century – and giving the motor claims industry a ‘prized scalp’, as Dr Rashid was described in pre-trial court proceedings.

Significant support for this line of reasoning is that within hours of Dr Rashid’s arrest, Lunn had written to the General Medical Council to tell them that the doctor had been arrested over ‘serious fraud, money laundering and was part of an organised crime gang’. The words ‘on suspicion of’ or ‘alleged’ were notably absent. Lunn had also told the GMC that Dr Rashid was using drugs, but did not specify their nature, or application.

Lunn went on to say that patient records were found scattered in his home and the boot of his car. That was a baseless allegation, unsupported by evidence, photographic or otherwise. The ‘money laundering’ was an invention, as was the allegation that there was a misuse of drugs. None of these matters were ever put to Dr Rashid in interview.

Apart from this grotesque, and arguably libellous, smearing of Dr Rashid, it was a serious breach of West Yorkshire Police’s policy for disclosure to regulated professions. A task, for very obvious reasons, almost always undertaken by a specialist, qualified officer in the Force Disclosure Unit.

The General Medical Council’s Fitness to Practice Panel rejected West Yorkshire Police’s submissions and cleared Dr Rashid of any wrongdoing.

On 18th June, 2012, on the first day back on duty after his holiday leave, Lunn was summoned to Divisional HQ in Huddersfield for a meeting with DCI Jeffrey and DI Leonard, who was Mark Taylor’s line manager at that time.

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DCI Paul Jeffrey pictured after the conclusion of the Opertion Thatcham trials

Perversely, given what was alleged, and Lunn’s past history of police computer misuse, this was arranged as an informal meeting. The public might reasonably have expected that, given the suspicion of at least one criminal offence, Lunn would have been arrested and interviewed under caution.

A countervailing argument might be that admissions could be coaxed from Lunn by informal questioning, rather than when represented by his lawyer and a Police Federation representative at a formal interview under caution, where he might be advised to give a ‘no comment’ interview and provide a statement prepared by the Fed’s own lawyers at its conclusion.

Dr Rashid, for one, might well point out that he was never given such opportunity. Instead, sixteen police officers turned up at his home at 6.15am banging on the door.

It is clear from Paul Jeffrey’s detailed account of the meeting that an internal investigation had been launched against Lunn on 8th June, and a significant amount of information and material seized prior to the interview on the 18th. It is now apparent that the investigation was codenamed Operation Wademere.

At the outset of that meeting with two of his superiors, Lunn was dismissive of the complaint against him and maintained that the Opus Law letter was ‘a bit of a joke’. The bogus company was ‘only an idea’ he said. He was unaware that an investigation into the complaint by PSD, or, more likely, the Anti-Corruption Unit (ACU) that falls under the PSD umbrella, had started ten days ago, at DCI Jeffrey’s instigation.

Lunn’s approach to the interview was described by fellow police officers as ‘closed’ and ‘evasive’. He was prepared to lie to two senior officers in an attempt to bluff his way out of the Opus complaint. He only made admissions, they said, when he belatedly realised that his superiors already had the answers to the questions they were putting to him.

Eventually, and reluctantly, it was admitted by Lunn that he had misused police computers again; he was running the private investigation business from his home, rather than the office he had agreed to pay £50 per month to rent; he was using contacts gained specifically through the Operation Thatcham investigation to set up his business; he had breached force policy in not disclosing his business interests; most crucially, there was a clear conflict of interest with his duties as the Officer in the Case and the acknowledged lead investigator in Operation Thatcham.

To the extent he had, potentially, placed the entire investigation in jeopardy. Not least, it seems, by procuring the services of a chartered physiotherapist, Lee Robinson, as a director of the bogus company. Robinson was already a retained expert witness on Operation Thatcham.

That conflict, the police admit, would have led to the collapse of the Thatcham trials if the information was disclosed to the Crown Prosecution Service. The decision was made by a group of officers to deliberately conceal that crucial information from the CPS and the legal teams of those on trial.

Lunn denied any other police officers were involved in the plans.

He was removed from Operation Thatcham on the same day, but neither suspended nor placed on restricted duties (normally a non-public facing role and not adjacent to any evidence chains). Instead, Lunn was posted to the Huddersfield South neighbourhood team. Policing the area both where he lived and planned to set up his private investigation office, with the locals unaware that, in their midst, was a ‘bad apple’ police officer. One with a history of complaints of unlawful arrests (at the time, four), one who had twice misused police computers, and one who had repeatedly lied to, and deliberately deceived, other police officers. With a bad memory, to boot.

DCI Jeffrey also noted after the meeting with Lunn on 18th June, 2012 that there was a clear risk of ‘reputational damage’ to West Yorkshire Police if details of Lunn’s activities emerged into the public domain. The risk to the public of rural Huddersfield appeared not to have even been considered, let alone assessed, by DCI Jeffrey or the Professional Standards officers. That, despite the conclusion being drawn by Paul Jeffrey: ‘There are misconduct issues apparent in the information gathering exercise conducted today and I have no doubt that there is significantly more information [about Lunn] that will come out over time’.

Some of that information may have concerned a registration that was made at Companies House, in the name of ‘Insurance Fraud Consultants Ltd’., very shortly after Mark Lunn was removed from Operation Thatcham. It is unclear whether Lunn has any connection with any of the officers named as having control of the company. West Yorkshire Police have been asked to clarify.

Following the report of the Jeffrey/Leonard/Lunn meeting, in correspondence circulated to seven officers, up to the rank of superintendent, and who were, in one form or another, stakeholders in the investigation into Lunn’s activities, it was clear that there were serious concerns about what had been extracted from the police systems, by Lunn, to further his own commercial enterprise. Sgt Jonathan Dunkerley (as he was then) said: ‘It worrys (sic) me what he may have ‘taken’ with him from WYP systems that is clearly for personal gain. It’s obvious the monies and stakes are high’.

It also appears that Lunn was involved in another covert ACU investigation, codenamed Operation Waffleedge. ACU investigations are normally given operational codenames, Professional Standards investigations are given unique reference numbers (URN’s). For example, the Opus complaint had the URN ‘CO/797/11’.

The covert investigation was confirmed in an email between the Intelligence Unit in PSD and Stephen Bywater, following additional concerns raised with PSD on 8th June, 2012 by D/Sgt Lockwood, regarding Lunn. It was obvious that DS Lockwood was not in the ACU loop. The Waffleedge investigation was already under way:

‘We have received this request from Andy Lockwood about Mark Lunn. We are working on Mark LUNN for Op Waffleedge. What do you want to happen. Does someone contact DS Lockwood and let him know of our concerns? Or does the Intelligence Unit just do the work as requested?’

The police, in defending the unlawful arrest claim made by Dr Rashid, have given a variety of explanations for the Waffleedge investigation at pre-trial hearings, at the final hearing and in documents disclosed to the court. Including the proposition, submitted in court, that ‘Waffleedge was not a covert operation’. Taken together, they arouse the reasonable suspicion that the true findings of that investigation are being concealed, to the significant detriment of both Dr Rashid, the integrity of the Operation Thatcham investigation and, most crucially, public confidence in the police force.

There is also a freedom of information request in which West Yorkshire Police have refused to provide any information at all. They will not even confirm or deny Operation Waffleedge exists (read more here).

An appeal against the refusal by the police to disclose uncontroversial details about the investigation is, presently, being considered by the Information Commissioner. It is likely to be, ultimately, determined before an information rights tribunal. That is the only conceivable chance of prising at least part of the truth about Waffleedge from West Yorkshire Police.

Mark Lunn was, remarkably, not called to give evidence at the hearing into the unlawful arrest claimed by Dr Rashid. One of the reasons heard in court was an incredible submission by Miss Checa-Dover, at the pre-trial hearing before HHJ Neil Davey QC, that ‘the police couldn’t locate him’.

Amongst Lunn’s Facebook friends are Independent Office of Police Conduct (IOPC) investigator, Mohammed Ejaz, and the present Chair of West Yorkshire Police Federation, Brian Booth. Which, apart from laying to waste the proposition that Lunn couldn’t be found, presents an interesting challenge to those organisations, and damages public confidence in both by exhibiting a close association with a ‘bad apple’ police officer. Questions have been put to them both, individually, and to their respective press offices.

Quite apart from which, it took less than 20 minutes, using open source material, for the author of this article to locate Mark Lunn. His home address, the names of the two businesses he now runs (jobbing builder and free range eggs vendor), his mobile telephone number, his Facebook account, and his LinkedIn account.

The trail of destruction he left behind as a police officer has lasted rather longer than 20 minutes – and it may not have ended yet. It appears from the various police correspondence, and reports, forming the rump of this article, that senior officers may have taken the decision to hide Lunn away, in what they believed was a noble cause and until the Thatcham investigation was completed, and not disclose his misdemeanours to those charged with offences arising from it. That may have influenced the defendant’s decision whether to plead guilty, or not, at court.

There has to be considerable doubt as to whether the trials would have proceeded if the fruits of the ACU and PSD investigations into Mark Lunn had been properly served on the CPS and the defendant’s legal team, as part of the police’s strict duty under the Criminal Procedure and Investigations Act, 1996.

Dr Rashid’s barrister, Ian Pennock of Park Lane Plowden Chambers in Leeds, raised this issue in court during his final submissions. He said that if the Lunn disclosures were not made, and it is more likely than not they weren’t, this could amount to a conspiracy to pervert the course of justice and required further investigation.

The judge observed that it didn’t matter as the defendants had pleaded guilty and the time for any appeal against conviction had lapsed. He did not address the core point of alleged police wrongdoing, or explore with the police legal team whether the criminal defence teams (or the CPS) of those convicted were, in fact, notified of Mark Lunn’s role in the investigation and his taint upon it. The CPS has been approached for comment.

A complaint is being made to the Independent Office for Police Conduct, by Dr Rashid’s legal team, with a request that another police force is appointed to investigate those allegations of perverting the course of justice.

That, regrettably, is founded more on hope than reality.

Recent history shows that the disgraced police watchdog and their local ‘masters’, West Yorkshire Police, will not want to lift the lid on this stinking Thatcham barrel. Both have steadfastly resisted calls to instigate a proportionate and independent investigation into the alleged serious failings of senior police officers over the industrial scale child sexual abuse, drug dealing, human trafficking in Huddersfield by Asian gangs – described recently by one outspoken media commentator as ‘Grooming Gang Central’.

A common link is that the Divisional Commander of Kirklees from 2009 to 2012 was Chief Superintendent John Robins, now, no less, the chief constable of that same West Yorkshire Police (read WYP biography here).

The child sex scandal and the Operation Thatcham debacle both happened on Robins’ Kirklees watch. As were the seeds of the outrageous lawlessless sown that has now seen  ‘Horrible’ Huddersfield grow into the worst place to live in the UK (read more here).

 

Page last updated at 1100hrs on Wednesday 9th October, 2019

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Photo credit: Huddersfield Examiner

© Neil Wilby 2015-2019. 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.

 

Catalogue of policing scandals that shame the two-faced Mayor of Manchester

On 6th August 2018, two retired Manchester police officers, Peter Jackson and Maggie Oliver, and one serving officer, Paul Bailey, met with the Mayor of Greater Manchester, Andy Burnham and the Deputy Mayor, Beverley Hughes. Also present in the Greater Manchester Combined Authority (GMCA) HQ were Deputy Director of Policing, Clare Monaghan and policy adviser, Kevin Lee.

The purpose of the meeting was for the police officers, past and present, to provide extensive disclosures of alleged wrongdoing by the senior leadership team of Greater Manchester Police. Most of those disclosures either directly concerned the chief constable, Ian Hopkins, or could be tracked back to him via vicarious liability or his role as a very much hands-on, directing mind.

When that meeting was eventually brought, after thirteen months of prevarication by the Mayor, he told the whistleblowers that he ‘only had an hour’. He was asked by Peter Jackson, in that moment, if he could quote the Mayor’s position as: ‘You only had an hour to discuss the rape and abuse of kids, the deaths of police officers, the deaths of members of the public, a corrupt police command team etc…’. The response of Andy Burnham was: “No, no no, this is just the first meeting, the first of many”.

But Jackson had formed the distinct view that all Burnham wanted to do, at that time, was to escape the room, escape the meeting, escape the challenges of the three whistleblowers. He really didn’t want to hear what they were saying and, of course, there has been no further meetings between Mayoral team and the whistleblowers, no further discussions. Not an email, a phone call. Nothing.

Beverley Hughes, a long term political crony of Burnham, was upbraided during the meeting, and afterwards, over face-pulling, negative body language and generally dismissive attitude. Kevin Lee played on his phone virtually throughout. Abuse victims and bereaved families will be horrified to hear of such grotesque conduct by those charged with safeguarding them and their loved ones. For his part, Burnham never once challenged their behaviour. Which is a measure of how weak he is behind the public-facing bravado.

Another is the fact that it took Burnham almost nine months before he finally responded to the very serious issues raised in that meeting. Despite, during that time, repeated email requests from the whistleblowers asking what action was being taken over the large amount of information passed over and the numerous ancillary issues raised in the arbitrarily allocated time of one hour.

Peter Jackson has this opening message to the Mayor: “It is clear that you have no desire to properly investigate the whistleblower complaints about GMP’s chief constable, and other senior officers, and no desire to hold him to account for the many scandals and failings that we have brought to your attention. These either directly relate to him, or have occurred in Greater Manchester Police on his ‘watch’.

“How can you defend your actions when myself, Maggie, Paul [and Scott Winters] are all such credible witnesses? We have over 100 years of exemplary police service in GMP between us. We have unrivalled insight into what goes on in GMP, gained from our first hand experiences, from our extensive networks of friends, colleagues and acquaintances built up over all those years. We have information sources that go to every corner and every level of the organisation, yet you are very keen to discount and ignore what we say.

“Maggie [Oliver] is one of the country’s best known whistleblowers; the driving force behind the BBC’s real-life drama series ‘Three Girls‘ and BBC documentary ‘The Betrayed Girls‘. Referred to as emotionally unstable by Sir Peter Fahy when she was a serving officer trying to expose the ‘grooming gangs’ scandal, her character besmirched by his colleagues and, yet, despite that smearing, which continues to present day, she is now a nationally respected voice on child sexual exploitation. Along with Sarah Champion MP and abuse survivors’ advocate, Sammy Woodhouse, she is, arguably, one of the most influential persons in the UK in putting the scandal of Pakistani grooming gangs firmly on the political agenda.

“Paul, a highly experienced serious crime career detective and now in his 30th year of service, was for many years the Chair of GMP’s Black and Asian Police Association (BAPA) and is, again, a nationally respected figure in that role.

“I completed 31 years’ service in GMP, was a senior officer and Head of GMP’s Major Incident Team.

“We are not alone; we are aware of many others who have complained to you about what is going on in GMP. We, personally, have provided you with extensive information and evidence about factual events and yet you treat us with utter disdain. Why is that? Is it that you and the Deputy Mayor are too close to Ian Hopkins?

“I count at least 21 different issues, or what I would describe as 21 scandals, that you catalogue within your response letter. All factual incidents that relate to serious failings and serious misconduct. All that have occurred under the watch of the present chief constable.

“The [alleged] lies, the deceit, the cover ups. the endemic senior officer misconduct, the fact that assistant chief constable after assistant chief constable [Steven Heywood, Rebekah Sutcliffe, Terry Sweeney] has left the force in disgrace, should surely raise serious questions about the present state of Greater Manchester Police, the leadership of the chief constable and the infected culture that cascades down from the top of the force through to the federated ranks. Another, Garry Shewan, did a ‘moonlight flit’ when the sky fell in on the catastrophic Integrated Operational Policing System (iOPS) technology project. Now set to be one of the biggest policing scandals in recent times after featuring as lead story on ITV Granada Reports (view 7 minute clip here).

“Please be assured that myself, Maggie and Paul, assisted by other whistleblowers and former and serving officers, will continue to hold you, Beverley Hughes and Clare Monaghan to account for dereliction in your duties, in failing to hold the chief constable to account”.

Devastating though it is, the statement of Peter Jackson, as one might expect of a renowned murder detective, is carefully and fully documented. The Mayor’s office, by contrast, is becoming notorious for its haphazard record-keeping and absence from its sparsely-populated website of specified information that should be published under the applicable elected policing body regulations. The office is a shambles at every level visible to either the public, or through the keener eye of an investigative journalist.

This is the genuinely shocking catalogue of scandals that were highlighted by the whistleblowers, and contemptuously dismissed by Andy Burnham, in his much delayed response dated 18th April, 2019. The citizens of Greater Manchester, who fund their regional police force, and the wider public with even a passing interest in the safety and security of those close to them, can now judge whether the train and tram-obsessed Burnham is discharging one of his primary functions as Mayor: To hold the chief constable of the region’s police force to account – effectively, efficiently and with the necessary level of rigour.

1. Operation Poppy – an IPCC (now IOPC) investigation into Peter Jackson’s whistle blower disclosures.

(i) Operation Nixon

A senior GMP officer, Dominic Scally, allowed a dangerous violent paedophile to take a child into a house, and remain there for over two hours, whilst under police surveillance, and stopped his officers from safeguarding the child. Officers under Scally’s command were outraged. GMP PSB, directed by senior leaders, took no disciplinary action against him.

At the conclusion of the IPCC investigation, Peter Jackson met with Sarah Green, the Deputy Chair of the Independent Police Complaints Commission, as she was then. He saw her face glow red with embarrassment when he asked searching, but perfectly fair, questions over the outcome she had signed off. He asked, “Would it have been gross misconduct if it had been your son? Would it have been gross misconduct if the paedophile had killed the child whilst police watched?”.  Jackson reports that she couldn’t wait to get out of the room and end the meeting. In much the way that Andy Burnham closed down the whistleblower meeting at GMCA.

(ii) Dale Cregan and the deaths of PC’s Fiona Bone and Nicola Hughes

That same officer, Dominic Scally, who had little, if any, homicide investigation experience, and in full knowledge of his failings on Op Nixon, was placed by GMP Command in charge of the Mark Short murder (Dale Cregan case). Jackson, a very experienced and efficient murder detective, warned at the time that such actions were placing the public and officers at risk. Whilst Scally was leading that investigation, Short’s father and two police officers were murdered. Jackson highlighted the numerous failings in that investigation. He now asks: “Does that not require review, or judicial inquiry, especially given the utterly damning Grainger public inquiry report? Especially, given that two young, female police officers lost their lives? Very arguably, preventable deaths?”

(iii) North West Counter Terrorism Unit

Scally was promoted to Head of Intelligence in the North West Counter Terrorism Unit and in February and March 2017, Jackson raised concerns with Chief Constable Hopkins via emails, about his ability and others in Command of the NWCTU to keep the people of Manchester safe. Within two months Manchester Arena was suicide bombed. A coincidence? Did Jackson have a crystal ball? Was Salman Ramadan Abedi a GMP covert human intelligence source (CHIS) or registered informant, as some informed sources suggest?

ACC Rebekah Sutcliffe and ACC Steve Heywood were the two consecutive Heads of the NWCTU, and both left GMP in shame amidst nationally-known scandal. ACC Heywood the subject of humiliating criticism over Grainger, astonishingly avoided prosecution and yet to face a much-delayed gross misconduct hearing. GMP has primacy for the NWCTU. The problems and scandals that have infested GMP Command have consequently led to dysfunctional leadership in the NWCTU and at what cost? Bearing in mind what the Mayor now knows about his antecedents, the issue of whether Dominic Scally was an appropriate appointment to head up the NWCTU intelligence function is a matter of high public concern. Particularly, given what has followed.

Everything about Operation Nixon, the Cregan investigation and subsequent NWCTU promotions was flawed and, yet, since the Mayor/whistlebower meeting in August, 2018, Scally has, incredibly, been promoted again. He now heads up the NWCTU under the overall command of his long-term ally and supporter, Russ Jackson, a senior officer who had not attained the substantive rank of ACC at the time of his own promotion, and who has failed at the Senior Police National Assessment Centre twice, where necessary competencies are Serving the Public. • Leading Strategic Change. • Leading the Workforce. • Managing Performance. • Professionalism. • Decision Making. • Working with Others. In which of these is Russ Jackson (no relation to Peter) deficient according to PNAC? Can public confidence be maintained in these circumstances, given the legacy issues from the previous NWCTU leadership?

(iv) Shipman body parts scandal

Senior police officers secretly disposed of body parts without consulting the victim’s families in the face of strong objections of the Force Coronial Officer at the time. His protestations were ignored. He was present at a meeting when questions were raised about how they might deal with future requests under the Freedom of Information Act, which could reveal what they had done.  The same Coronial Officer witnessed Simon Barraclough, recent recipient of the Queens Police Medal, suggest that all documentation be burned to stop people finding out what had happened.

“Another shocking example of GMP operating in an unethical, unprofessional and unlawful way; a secretive manner, covering up their actions. Their motives? To avoid negative publicity, reputational damage and, most importantly, avoid damage to their own careers”, says Peter Jackson.

(v) Unauthorised bugging of police premises and Operation Oakland armed robbery incident.

A senior officer at the rank of temporary superintendent, Julian Snowball, bought covert recording equipment via the internet, then (unlawfully) repeatedly entered the office of his Divisional Commander in Wigan, C/Supt Shaun Donnellan, and the office of another senior leadership team member, DCI Howard Millington, and inserted covert surveillance equipment, subsequently and secretly recording months of private conversations.

This behaviour clearly constituted gross misconduct. The ‘spy’ was, however, a crony of ACC Terry Sweeney. Snowball had admitted to Peter Jackson that he was ‘one of Terry’s boys’, treated very favourably as a result and kept his job in the police. The disciplinary investigation was irregular. The outcome was only a written warning, followed by a posting to a detective position he coveted, close to his home.

T/Supt Snowball had almost no front line detective experience, yet was placed as the most senior detective at Stockport. He subsequently headed up a policing operation, codenamed Oakland, where he allowed violent armed robbers to commit an attack on licensed premises that were under police surveillance at the time, and where he stopped his officers intervening to ‘protect the victims’. Snowball also unlawfully changed details on a warrant after it had been granted. This officer was allowed to take a career break without facing disciplinary action, until the whistleblowing disclosures were made to the IPCC.

As rehearsed earlier, Jackson met with the IPCC Deputy Chair Sarah Green at the conclusion of the Poppy investigations. On this particular topic he asked her, “Would it have been gross misconduct if the armed robbers had killed someone in the pub whilst the police watched?”

“As with the Op Nixon questions, I saw her face colour bright red. She didn’t answer the question”.

The IPCC returned the bugging incident disclosures to GMP and, Jackson asserts, didn’t complete their gross misconduct investigation.

In his April, 2018 letter dismissing the disclosures of the whistleblowers, Mayor Burnham relies on the thoroughness of the IPCC investigation to give GMP a clean bill of health regarding the bugging and armed robbery incidents. Yet appears to have forgotten that he was a ferocious critic of the same IPCC over their Orgreave investigation, carried out in much the same timeframe (read more here). Burnham also overlooks the fact that Jackson was the whistleblower, a very experienced and highly regarded murder detective, and is a first hand witness.

Conversely and perversely, the IPCC deployed inexperienced and unimpressive officers with no recognised detective credentials (PIP1 or PIP2). As one might expect, Peter Jackson takes this unvarnished view: “As an organisation, they do not know how to secure evidence, or how to investigate senior police officers impartially. They act with deference to them. The IPCC’s Senior Investigating Officer was Dan Budge, taking over from a deputy position whilst the original SIO was on sick leave. He was a very inexperienced investigator who had to admit to me he had never prepared a criminal case file, or even been to court. Many colleagues reported back to me about being interviewed by very young, new to the IPCC, investigators. One witness, a very experienced DCI, told me he actually had to show the IPCC investigator how to take a witness statement.

There is in existence, of course, as now revealed in a front page article in The Times newspaper, a tape recording of Chief Constable Ian Hopkins, at a meeting with other senior GMP officers, saying he thought the IPCC were ‘abysmal and incapable of conducting a thorough investigation’ yet ironically both Burnham and Hopkins now rely heavily, and frequently, on ‘the IPCC have conducted a thorough investigation’ to defend themselves and the failings of other members of the GMP Command Team.

Irrespective of the well catalogued and wider inadequacies of the IPCC (now IOPC), the incidents they investigated still happened. Reflecting badly, and bringing shame and substantial reputational damage onto both Greater Manchester Police, the Mayor’s office and the wider police service.

2. The questionable purchase of ACC Heywood’s house by the Police and Crime Commissioner.

The background to this complaint is the purchase of Steven Heywood’s house on the perceived threat that a small-time criminal, who went on to murder two police officers, was going harm him. The whistle blowers assert, with confidence, that the alleged threat to ACC Heywood’s house was, at its highest, temporary; it only came to light after Cregan was in prison on remand. He was held as a Category A prisoner. When spoken to in prison by psychiatrists, and other specialists, Cregan said he had gone to Bury Police Station to look for ACC Heywood, and to shoot him as he was angry about the harassment and treatment of his family. He had seen Heywood on the news as the figurehead of the investigation. ACC Heywood however had no connection to that station and Cregan soon realised it was a pointless plan. As he had no idea how to find him, he decided ‘just to kill any cops’ instead. That led to the murders of Nicola Hughes and Fiona Bone, following which he handed himself in.

The threat to Heywood had been momentary. It was not a real or present danger at the time of the house sale. The supposed threat was hidden from the purchasers of the house who were, understandably, outraged when they discovered the truth. The expenditure hidden in subsequent police accounts.

The ‘briefing’ relied on by Andy Burnham to exonerate the GMP Command Team, and ex-PCC Tony Lloyd, was provided by those with a clearly vested interest. The actions surrounding the Heywood house purchase would not stand up to the slightest external scrutiny and have not been properly investigated. The superintendent in charge of GMP Covert Policing told the Command Team at the time that, ethically and professionally, they couldn’t do what they were doing with the house sale and purchase. Burnham’s willingness to accept, at face value, anything told, or provided to him, by GMP Command highlights his lack of desire to investigate matters, robustly, independently and thoroughly, to establish the truth and properly hold CC Hopkins to account.

3. Incident involving ACC Rebekah Sutcliffe at the Senior Women in Policing 2016 Conference – ‘Titgate’ or ‘Boobgate’

ACC Sutcliffe was drunk at the event, and bullied, harangued a junior officer over a lengthy period – and then publicly exposed one of her breasts. That is well rehearsed in the public domain. But the extent of her drunkenness, perhaps, less so; she was very highly intoxicated.

It was a national event to highlight and promote the work of senior female officers in policing. Sutcliffe’s actions brought huge negative publicity, discredited the event and brought shame on herself and GMP.

Chief Constable Hopkins was present on the night and saw the increasingly drunken behaviour of his Command Team colleague. He failed to take charge of the incident and, instead, left early, leaving a junior officer to attempt to deal with Sutcliffe.  His failure to take control of the incident, and deal with the matter himself, could be argued as a lack of moral courage and necessary leadership. What cannot be argued against is that his inaction subsequently led to what was very widely reported as the ‘Titgate’ or ‘Boobgate’ incident in the media.

This was in the early hours of Sunday morning, she reported for duty that morning at Police HQ as duty Gold and, of course, Head of NWCTU. She cannot, conceivably, have been fit for duty. Hopkins must have known this by the state she was in. Yet, he did nothing.

Hopkins was, subsequently, made aware of what happened after he left the event – and was going to do nothing at all about the incident. No sanction against Sutcliffe, not even ‘words of advice’ for conduct that, on any independent view, was gross misconduct. He, eventually, had to take action when details of the incident was revealed on several social media platforms, one week later, and picked up from there by alert newspaper reporters.

ACC Sutcliffe should have been dismissed for gross misconduct. The fact that she wasn’t appears to be connected to an investigation carried out on behalf of Hopkins, by Durham Constabulary, that did not, seemingly, go where the evidence should have taken them. Other incidents, at least one where excess alcohol, and abuse of her rank, was a feature at another high profile event, and Sutcliffe had discredited the force. There was no finding by Durham that Hopkins was largely responsible for the escalation of the incident at the women’s policing event, after the point when he should have ordered Sutcliffe off the hotel premises, ensured her access to alcohol was cut off, and denied her access to police premises until she was sober. A point not lost on the Chair of the subsequent disciplinary hearing, Rachael Cernow QC.

After the disciplinary hearing, Hopkins said Sutcliffe was undeployable in GMP and she was subsequently placed into a senior position at Oldham council on secondment, funded by GMP, later taking the job full time on a salary in excess of £120,000. More than she was paid as a police officer.

This ‘rewarding’ of an ACC for gross misconduct is something not lost on the rank and file, and it is why the GMP Command Team are held in such contempt by many of the officers they lead.

The investigation report following the Durham investigation into Sutcliffe has never been published, despite the massive public interest in the matter.

4. Child Sexual Explotation, Operations Augusta and Span, Pakistani Grooming Gangs.

Now one of the most respected commentators and authors on child sexual exploitation, former GMP detective, Maggie Oliver, very recently heard from the Burnham CSE inquiry for the first time in well over a year. She has little confidence in either the Mayor, those involved in it, or the process itself.

She says, with justifiable force: “I spent several hours talking to the Burnham Review team in 2017, and made it crystal clear to them that as the only senior officer still in post who had failed CSE victims in 2004/5, when he was head of GMP Child Protection Unit, I considered that the buck stopped with Steve Heywood – and he should be held accountable.

“Unsurprisingly the Review team chose not to to speak to him about the disclosures I had made and allowed him to retire unchallenged, over a year later. This is a complete disgrace.

Maggie concludes: “Judgement as to what their findings will be is reserved, as I haven’t yet been given sight of the full Review and no date has been given for publication”

The last ‘deadline’ for publication of the Review, emanating from the Mayor’s office, was ‘end of March, 2019’. At the present rate of progress, Spring 2020 looks a reasonable guess. An agonising, and unnecessary wait for victims, witnesses and campaigners.

In Peter Jackson’s disclosures to the IPCC, he alleged that [Name redacted], GMP’s Force Review Officer at the time, had re-written, or was a party to the re-writing of a critical report that reviewed GMP Command’s approach to CSE in Rochdale. It is alleged that process involved nine separate revisions, after the original authors refused to amend their report. The Review Officer’s brief from senior officers was to cover up the criticisms and initial findings, which had reported that GMP had prioritised volume crime over the rape and abuse of children. It has emerged that at least one other senior female officer, [Name redacted] was involved with what might best be termed as historical revisionism.

As Maggie Oliver explains, ACC Heywood was again involved in another dreadful scandal. Interviewed on TV, he denied there was a cultural issue at play in the grooming gangs phenomon.

Jackson has offered to provide, in confidence, details of witnesses to this grotesque ‘cover up’ who can assist the Burnham CSE inquiry. But is still waiting to hear from the Mayor, or the inquiry team, so that the necessary protections can be put in place and arrangements made for an Available Best Evidence (ABE) interview.

5. Inappropriate relationship between ACC and junior officer.

ACC [Redacted] was the senior officer involved in the inappropriate relationship. The other officer involved was Temporary DI [Redacted]. Her husband, [Redacted] was at that time a temporary DCI. He had just failed his promotion assessment in GMP to substantive chief inspector. He kept his own counsel, didn’t create a fuss and then succeeded in gaining a double promotion to Cheshire Police, jumping two ranks to become a detective superintendent. Thus enabling a departure from the Force and avoiding embarrassment all round in the workplace. Ms [Redacted] was promoted to inspector during the currency of her relationship with ACC [Redacted].

The relationship was known to a large number of rank and file GMP officers and, again, contributes to their very negative view of the Command Team. The Mayor was invited to make a short phone call to CC Hopkins to confirm the facts, ask why this situation was tolerated and to enquire into the merits of the promotions, as opposed to their personal, or political, expedience. It appears that, from his written response to the whistleblowers, Andy Burnham has opted not to do so.

6. Complaints referred back to GMP by IPCC rather than be subjected to external scrutiny.

Following earlier whistleblower disclosures to the IPCC (now IOPC), there were several incidents referred back to GMP for investigation, including the cronyism, nepotism and promotion scandals, the Cregan investigation and a Major Incident Team being called out to deal with the domestic incident involving Supt [Name Redacted] (see para 10 below).

Andy Burnham in his assessment of more recent whistleblower disclosures makes no reference to GMP or what actions may, or may not, have taken on these matters. Peter Jackson asserts that Burnham’s willingness ‘to be satisfied’ that matters have been concluded, without any independent investigation or scrutiny, simply highlights his lack of desire to lift the stones and scrutinise the many misconduct, leadership failings and properly hold the chief constable to account.

7. The Metropolitan Police Peer Review of GMP PSB

It is, by now, well rehearsed that Ian Hopkins misled his officers, and the public, by purporting to have commissioned an in-depth investigation into GMP’s Professional Standards Branch by the Metropolitan Police Service. This was in response to numerous complaints and repeated negative media stories about GMP PSB. The so called six-week review consisted of a visit to the Force by four Met officers and was completed within 24 hours.  The senior officer in that group described his role as a ‘critical friend’ of GMP. None of the issues raised about the alleged PSB corruption were investigated or even lightly addressed. Or even discussed in the pre-planning for the visit. The Met involvement was nothing more than a ‘tick in the box’ exercise that Hopkins could point to and say, ‘Well, the Met have been in and scrutinised PSB. They found nothing wrong’.

Journalist Neil Wilby has investigated this scandal via a number of FOI requests and reported extensively on it. Read more here.

Post peer-review, the scandals surrounding GMP PSB and its closely associated Legal Services Department continue, Peter Jackson claims he is a victim, as does DC Paul Bailey, retired Inspector Scott Winters and a host of others. Jackson describes GMP PSB as “the Command Team’s Praetorian Guard, there to protect senior officer reputations, limit reputational damage to the force, cover up and shut down damaging complaints and pursue, vendetta-style, those who seek to challenge and expose failings within the force”.

8. Operation Holly

Holly was a five year investigation into money laundering, and a serious organised crime group which included one of Manchester’s most infamous criminals, the now deceased Paul Massey. ‘Mr Salford’, as Massey was known, was murdered by a hitman from a rival gang. A strong evidential case had been built up during that period. Numerous reports, and specific allegations, of senior GMP officer corruption were also received by detectives during the investigation. The money laundering against the serious criminals was, subsequently, dropped and no charges were brought. All the detectives involved on the case were outraged by the senior management decision to abandon the investigation and prosecution.

The total costs of the investigation are estimated at £10 million. Peter Jackson knows all the officers on the case. It is common knowledge amongst those officers that the case was dropped because the prosecuting counsel had informed GMP Command Team that the case could not proceed unless all the corruption allegations were fully investigated. GMP Command chose to drop the case, rather than investigate the allegations against its own officers. This, by necessity, would have involved another force or the National Crime Agency.

The Times newspaper has reported on this matter, extensively, and called for an independent inquiry into GMP. (Read more here). Despite very serious corruption allegations being received against senior police officers, the Mayor and his Deputy allowed GMP to investigate itself which rode against the Police Reform Act and Statutory Guidance (and natural justice). The investigation was only requested by Burnham and Hughes after Jackson had raised the issue and The Times had reported on the case.

Jackson concludes: “You (Burnham) repeatedly rely on briefings by the chief constable, and investigations into itself by GMP, to give the force a clean bill of health. Such actions clearly lack integrity or transparency and are, quite frankly, shameful”.

9. Incident during DC Paul Bailey Employment Tribunal proceedings involving alleged malpractice by a GMP lawyer

Peter Jackson was contacted by a witness who asserted that a GMP solicitor [Name redacted] sought to have the Senior Investigating Officer in Operation Holly make a false statement about Detective Constable Paul Bailey in support of GMP’s defence at an Employment Tribunal Hearing brought by the serious crimes detective.

DC Bailey was present when the whistleblowers met the Mayoral entourage in August, 2018. In the months that followed the meeting, not one single member of  Burnham’s team, or the Mayor himself, made any further contact, sought to conduct any further enquiries or launched an investigation into this matter. This is not an isolated incident. says Jackson: “Several others have raised similar issues with you (Burnham) concerning alleged criminal conduct, or alleged gross misconduct, involving GMP PSB and/or Legal Services”.

In Burnham’s response letter, eight months after the only meeting with the whistleblowers, he says he will take appropriate action if the name of the witness is supplied. He offers no protection for the witness, or explanation as to how his/her anonymity would be preserved, fails to disclose whether a severity assessment has been conducted, does not reveal how the matter would be investigated and, particularly, if this would be another police force, statutory body, or member of the Bar or judiciary, rather than GMP, leading it.

The actions, or rather inaction, of Burnham and weak, defensive response to the entirety of the Jackson whistleblower disclosures, and those of others, have engendered genuine mistrust. The perceived closeness of his relationship with the chief constable, and lack of desire to thoroughly investigate the Force does nothing to undermine that proposition. The whistleblowers say, perfectly reasonably, that they need concrete assurances before putting their witness at risk of reprisals from the GMP Command Team.

10. Major Incident Team attending domestic dispute between Superintendent and wife

A Major Incident Team was deployed to deal with a domestic incident involving Superintendent [Name Redacted] and his wife. The domestic argument arose around the allegedly prolific extra-marital sexual activity of the senior officer, involved threats from his wife to go to the media, a scratch on Mr [Name redacted]’s finger, the arrest of his wife for common assault and the search of her home address. The MIT Team was deployed at the request of senior officers. Peter Jackson has spoken to the elite officers who were turned out on the night and, as a result, has extensive knowledge of the incident.

Jackson says: “Why wasn’t this incident dealt with by neighbourhood police? Why was a murder team turned out? How could a search of premises be justified? Who authorised the arrest of the wife? Which senior officers were involved? I know; the ones who run as a thread throughout my disclosures. It is an abuse of powers and authority. A grotesque misuse of police resources”.

“This incident provides yet another window into the broken and rotten cultures at play in GMP. The secrecy, cover ups, lies. The cronyism, the cliques, the misconduct. the wrongdoing. The two-tier system of response from the Professional Standards Branch: Those well connected are treated favourably, wrongdoing overlooked, their actions minimised, examples include Rob Potts, Dominic Scally, Julian Snowball, [Officer involved in DV incident – Name Redacted]. Whereas those not in cliques, not well connected, or who have invoked the wrath of Command are dealt with disproportionately. Examples include John Buttress, Mo Razaq, Rick Pendlebury (both high profile with mass media coverage), Paul Bailey, Scott Winters, Clara Williams, Maria Donaldson, Lee Bruckshaw and myself”.

“Chief Constable Ian Hopkins is well aware of all these matters and I also provided this same information to the IPCC. They returned it to GMP to investigate themselves.

“What has happened since? Nothing”.

11. GMP Professional Standards Branch (PSB) – Group think, toxic, defensive culture.

Over the past few years, there has been many negative news stories and TV broadcasts featuring the troubled and widely derogated PSB. Alleged witch-hunts against such as Chief Inspector John Buttress, Inspector Mo Razaq, Sergeant Rick Pendlebury, Chief Inspector Clara Williams, Chief Superintendent Lee Bruckshaw, Chief Inspector Maria Donaldson, Detective Inspector Andy Aston, Detective Constable Paul Bailey, Inspector Scott Winters, Inspector Laura Escott, Superintendent Jane Little and, of course, Peter Jackson, to name but a few, have also sapped morale within the force and public confidence in those running it.

For example, the grotesquely disproportionate response, expenditure and resources deployed over the John Buttress case, on any independent view, was an outrage. Especially when other misadventures, many much more serious, are deliberately minimised, or dispensed with, by the same PSB. It spawned a BBC Inside Out programme, produced by Neil Morrow and presented by the late and much lamented Dianne Oxberry, and Judith Moritz, that embarassed and enraged the Command Team (view programme here), as did a similarly explosive BBC File on 4 broadcast, extraordinarily titled “Bent Cops”.

Similarly, the resources and seemingly bottomless public funds deployed against Rick Pendlebury was another outrage. Operation Ratio spawned numerous employment tribunals all of which GMP lost. against the investigators and investigated. Jackson asks with considerable and justifiable force; “How much has it cost in legal fees defending the claims and in damages paid out? How much did the Op Ratio investigation cost? This case is a scandal. All for a £25 shoplifting incident. How many hundreds of thousands or millions of pounds has Op Ratio cost? As clear an example of a vexatious, obsessive, oppressive response, from within a police force, as you would find. Accompanied, of course, by reckless spending of huge sums of public money”.

Concerns over Paul Bailey’s case is referenced above at para 10, and recent disclosures by Scott Winters, to the IOPC, are alarming. With PSB officers, aided and abetted by senior officers and legal services, prepared to falsify and/or delete records in order to advance their case in tribunal proceedings, or subsequently seek to defend those actions when later challenged. Yet another case that warrants an urgent independent criminal investigation.

12. Victimisation of Peter Jackson as a police whistleblower

Peter Jackson has this to say about his own experiences:

“I suffered victimisation, was investigated by PSB and secretly referred to the IOPC for my involvement in detecting the perpetrator who assaulted, and nearly killed, my son in Manchester city centre. Did my actions warrant disciplinary investigation, and referral to the IPCC (now IOPC), simply because I expressed my disappointment at having to find evidence myself to identify the serial violent criminal, following a neglectful police investigation.

“Complaints about my treatment following my son’s assault were whitewashed by GMP PSB.

“The adverse referral to the IPCC was uncovered inadvertently, via a data subject access request surrounding my whistleblowing, This contrasts sharply with many other much more serious misconduct, or criminality, that is not referred to the watchdog. Even when there is a mandatory requirement to do so.

“What I allege to be subsequent victimisation and constructive dismissal, at the hands of Russ Jackson, Rebekah Sutcliffe, Ian Pilling and Ian Hopkins, is now the subject of Employment Tribunal proceedings against GMP. The listing of the hearing of the claim has now been delayed until April 2020, almost three years after it was lodged. GMP Command having employed their usual obstructive, underhand and delaying tactics, for the past two years, using the public purse as a bottomless pit.

“And what of the serious consequences for the high-profile Operation Leopard investigation which I had been leading at the time? The negative impact my treatment, and departure from the investigation, had on bringing the leaders of two of Manchester’s most dangerous and violent organised crime groups to justice?

“I had made a major breakthrough, as reported in the media (read more here), arresting the leader of the notorious Salford A Team, equipped with a loaded firearm, and stopping him killing the leader of the rival Anti A Team. Both major targets for GMP. The case against Stephen Britton, who was caught red handed, was dropped after my premature departure from the force.

13. Morale and staff survey

Peter Jackson was ‘tipped off’, by one of his many reliable sources within the force, about a visit to the Mayor’s office by Ian Hopkins, and a Professor from Durham University, with the results of a GMP staff survey the chief constable had commissioned. The survey was weighted towards new recruits, excited at joining the police and with few, if any, negative experiences of ‘the job’ in their early months of service. It gave Hopkins and the Command Team the results they wanted. An improving picture of morale.

“It doesn’t reflect the true landscape and the contempt in which the Command Team are held by many rank and file officers”, says Jackson. “A picture those longer in service have gleaned from seeing repeated senior officer misconduct and misapplication of resources”.

“For example, ACC Sutcliffe exposed for ‘Titgate’, keeping her job despite being found guilty of gross misconduct, then being rewarded with a better paid job at Oldham Council.

“ACC Heywood ‘retiring’ after being exposed lying, and altering his policy book post-incident, in the Grainger public inquiry. The subject of damning criticism by Judge Teague in his recently released Inquiry report. Heywood went on sick leave the day after he gave evidence at the Inquiry, and never returned to work, costing the taxpayer a six figure sum.

“He was portfolio holder of NWCTU. The force has refused to say who was in charge in Heywood’s absence, at home drawing full salary, when the Manchester Arena was bombed two months later

“ACC Sweeney also receiving damning criticism. having left the Force in shame after the Shipman revelations

“Experienced officers, longer in service, being fully aware of the many integrity questions around the PSB, all the adverse findings at ETs, all the operational failings, are sickened by these scandals. By contrast, new recruits are wide eyed learning the job. They are almost completely unaware of any of the scandals. The survey that Hopkins, and now Andy Burnham, relies upon does not reflect an accurate picture and would not stand the slightest scrutiny.

“Another glaring example of how easily Burnham is hoodwinked by the very officer he is charged with holding to account” Jackson concludes, and not without justification. The Mayor looks, increasingly, as though he is as easily schooled as a fourth form pupil taking lessons from the headmaster. When the roles should, actually, be in reverse. Burnham appears to have forgotten that he has the power to hire and fire chief constables, not constantly suck up to the sub-standard one presently deployed in the Greater Manchester region.

14. Local Policing Review

This new policing model saw the introduction of a different shift pattern; changes to the  neighbourhood team model; the dismantling of the well-established, effective and efficient main office CID [Criminal Investigation Department] function; detectives working with PCSOs; frontline patrol officers reduced to a small number of response officers.

Yet, Andy Burnham claims, in his April, 2019 response to the whistleblowers’ meeting, that he has no knowledge of the Local Policing Review issues and needs evidence of its alleged failings. This recent article in his local newspaper might give the hapless Mayor some clues (read more here)? The headline is a give away: “Has Greater Manchester gone soft on crime?”. The reporter centres on how criminals are ‘laughing’ at the police and victims of crime virtually abandoned, even those with compelling evidence, often gathered themselves in the absence of any investigative support from GMP.

The response of the force within that article, by Superintendent Andy Sidebotham, is by way of an obvious untruth about the availabilty, delivery of evidence in a specific case concerning a £10,000 caravan theft. Filmed in its entirety by the victim’s own CCTV and published on the newspaper’s own website just four days after the incident. Weeks later, Sidebotham claims that none of the three emails sent to the force by the victim, and bearing the CCTV file, had been received and, presumably, no-one in GMP’s Salford Division reads the Manchester Evening News.

Peter Jackson expresses his incredulity over Burnham’s response to the LPR crisis: “Surely as Mayor, and surely your Deputy, statutorily charged with setting the policing plan and budget, are fully aware of the Local Policing Review? A model that has been an unmitigated disaster and I simply cannot believe you have not been briefed on its failings by the chief constable in your regular meetings”.

He continues: “Over the years I saw lots of unnecessary changes brought to GMP, with many millions of pounds wasted on vanity projects by senior officers trying to advance their careers. However, none more so than CC Hopkins signing off the LPR model.

“In the whistleblowers meeting with the Mayor, I described the changes to CID as tantamount to corporate vandalism and seriously undermining the investigative capabilities of the police force. And at what financial cost? How many millions to implement all the changes?

Jackson concludes with another broadside: “The result – a system that doesn’t work and after years of trying to force a failing model to succeed we now have acceptance of reality and Operation Ergo is seeing the return to the policing model we essentially had in the 1980’s”.

15. CC Ian Hopkins ‘lies’ in response to The Times paedophile story.

Following what can only be described as an attempted ‘brushing under the carpet’ of this incident by Deputy Mayor Beverley Hughes, Peter Jackson’s appeal was upheld by the IOPC after assessing her so-called ‘investigation’. As a result, Andy Burnham elected, on advice from the same IOPC, to have the matter ‘independently investigated’. The Mayor, or his advisers, chose to hand it to Durham Constabulary.

This proved to be a controversial choice and has spawned three other articles on this website. Peter Jackson says: “As you know I expressed a vote of no confidence in the Durham Senior Investigating Officer, Darren Ellis, at an early stage, but Burnham allowed him to continue, even though the SIO behaved in a totally unprofessional, defensive, biased, aggressive and belligerent manner”.

“The same SIO harshly exposed in the media over his dealings with the Loughinisland controversy (read more here).

“It, therefore, came as no surprise that the Durham investigation report was a whitewash, reeking of confirmation bias, cherry-picked evidence and a conclusion of ‘no case to answer’ for CC Hopkins. Ellis refused to interview the witnesses I identified and ignored the welter of evidence that demonstrated that CC Hopkins and ACC Russ Jackson, who was involved in drafting the statement, must have known what they said was not true.

“I did, however, note that the report also contained evidence of CC Hopkins having been advised by former PCC Tony Lloyd regarding a previous incident of apparently ‘not intentionally lying’. Repeated ‘accidental’ lying or not telling the truth to the media is certainly not a quality one would want of a Chief Constable, is it?”

16. The Grainger Inquiry

Anthony Grainger was shot by a GMP officer (anonymised ever since as Q9) whilst sat in a stationary car in Culceth, Cheshire in 2012. There were many appalling failings by the police before, during and after the killing.

Through the tenacious, relentless efforts of his partner, Gail Hadfield Grainger, and his mother, Marina Schofield, a public inquiry eventually sat in Liverpool Crown Court in 2017 to hear those circumstances and take evidence from those involved

His Honour Judge Thomas Teague QC’s damning report, published over two years later, can be read in full here.

It is a crushing condemnation of Greater Manchester Police by the Inquiry Chair. Particularly, its leadership and its specialist firearms unit. The report attracted close attention from almost every mainstream media outlet. There is little point rehearsing the catalogue of deceit and operational failures again.

In this instance Peter Jackson simply says, “As far as the whistleblower meeting with the Mayor goes it is a case of ‘res ipsa loquitur’, although if Andy Burnham wants me to point out some of the more damning comments about senior GMP officers from the Inquiry report, which I foretold during our meeting, I would be happy to assist”.

17. iOPS scandal

Presciently, the early failures and alleged cost over-runs of GMP’s were raised in the whistleblower meeting in August, 2018. One year later, almost to the day, it was the lead story on the ITV’s Granada Reports daily news broadast and a full blown scandal has developed.

Once again, Peter Jackson has strong words to say to Mayor Burnham: “I note in your response to our meeting, and my disclosures and complaints about IOPS, you seem to imply all is in order and you even take some ownership of this project, as you say ‘expenditure is monitored very closely and spend agreed… now by me or the Deputy Mayor with advice on the investment provided independent of GMP.’

“I also note in the first MEN article on the subject (read article in full here) it says there has been a ‘glitch’ and cites ‘GMP chiefs’ as saying the system is progressing well.

“The reference to ‘chiefs’ rather than ‘chief’ is interesting, as if it had been in the singular CC Hopkins would be caught in a lie again. Costs are cited at £27 million, but as you know the true figure of the project with implementation costs has to be, in reality, well in excess of an estimate first broadcast over three years ago. What’s more, I have ample evidence from many other police whistleblowers that the system is not ‘progressing well’. It has been a complete and utter disaster.

Jackson continues his attack on the Mayor: “Are you alarmed Mr Burnham? Is that enough of a scandal for you to take action? Live feedback from officers is pouring in. The Police Federation say there is a serious risk to officers and the public.

“Are you concerned about Intelligence System failures? Everyone should know of the dangers of that from the murders of PC’s Fiona Bone and Nicola Hughes committed by Dale Cregan. Most recently, the intelligence failures that were exposed at the Grainger Inquiry. Also, it is well known that GMP officers went to the wrong house and killed the ‘wrong’ Jordon (Jordan) Begley.

“And what of the many other ‘glitches’? Are you waiting for a blue light call to a non-existent job to end in tragedy before you take action?

Conclusion

Peter Jackson’s conclusion on the response to his own disclosures, and those of other whistleblowers, can be summarised thus:

“Margaret Oliver, Paul Bailey and myself are three voices that represent the views and concerns of many other ex-, retired and serving officers.  After the meeting last August, we were, more or less, blanked for eight months by Mayor Andy Burnham, his Deputy, and Clare Monaghan. All three failed to positively engage with us and repeatedly resist taking serious, determined action to investigate our disclosures and complaints. All we have faced is delays, prevarication and been treated as a nuisance. The unacceptable behaviour of such as Beverley Hughes and Kevin Lee in that meeting foretold what came later.

“I would, respectfully, remind you, Mr Burnham, of some of your comments in your House of Commons speech on Hillsborough (read in full here).

  • This is a time for transparency, not secrecy

Let me turn to collusion between police and the media. The malicious briefings given in the immediate aftermath were devastatingly efficient. They created a false version of events which lingered until yesterday.

  • At many inquests today, there is often a mismatch between the legal representation of public bodies and those of the bereaved.Why should the authorities be able to spend public money like water to protect themselves while families have no such help?
  • This cover-up went right to the top.
  • This police force [South Yorkshire Police] hasn’t learned and hasn’t changed.
  • Mr Speaker, let me be clear – I don’t blame the ordinary police officers, the men and women who did their best on the day and who today are out keeping our streets safe. But I do blame their leadership and culture, which seems rotten to the core.
  • One of the lessons of Hillsborough is that there must be no arbitrary time limits on justice and accountability.
  • This is a time for transparency, not secrecy—time for the people of South Yorkshire to know the full truth about their police force.

“I agree, completely, with all the sentiments you expressed. They all apply to GMP today. Yes, it is time for the people of Greater Manchester to know the full truth about their police force.

“It is time that they also knew that their Mayor failed to take action, failed to hold the Chief Constable to account.

He signs off with a very powerful message to the Mayor: “Your failure to tackle the scandal that is Greater Manchester Police is a serious neglect of your public duties and ultimately should, if justice is served, mean that you lose your position as Mayor next May. This great city, and the wider region, deserve much better than you can provide. I, and many others associated with the police, will be actively campaigning against you both on the streets, at hustings, public meetings and on social media”.

Which means that Andy Burnham was right after all about the whistleblower meeting being the first of many. But, perhaps, not in the way he might have envisaged.

Earlier today, (12th August, 2019), senior reporter Jennifer Williams broke the mould of the Manchester Evening News exempting the Mayor and his Deputy from any critisism over failings of their regional police force. In a short, but sharply pointed, piece she sets out clearly and concisely just where she considers the democratic deficit to lie: Squarely at the feet of Andy Burnham and Beverley Hughes (read in full here).

This Neil Wilby piece,  a mammoth 8,200 words epic, might go some way to fleshing out the MEN and Jennifer’s argument.

Other scandals outside the scope of the police whistleblower disclosures

There are a series of other scandals that were not part of the Bailey, Jackson, Oliver (and Winter) disclosures to the Mayor of Greater Manchester. Associated articles have either appeared, or due to appear in the near future. It is a depressingly long list, and reveals a police force so badly run that it, in all conscience, should be placed in special measures by the Home Office and the chief constable served with a Section 38 notice.

As for the Mayor and his Deputy, they should fall on their sword and announce that neither will stand in the local regional elections next May:

(i) Industrial scale breaches of Freedom of Information Act and Data Protection Act.

(ii) Mabs Hussain promotion to Assistant Chief Constable (read here).

(iii) Spying on and reporting disabled protesters to Department of Work and Pensions (read here).

(iv) Chief constable’s behaviour in and outside the courtroom at the Grainger Inquiry

(v) Destruction of weapons, assets following death of Ian Terry. Undertaking signed off by present chief constable, Ian Hopkins. Destruction didn’t take place until at least 2017.

(vi) Death following police contact of Jordon Begley.

 

Page last updated: Wednesday 22nd August, 2019 at 1705 hours

Photo Credit: Getty Images/PA/Huffington Post

Corrections: Please let me know if there is a mistake in this article. I will endeavour to correct it as soon as possible.

Right of reply: If you are mentioned in this article and disagree with it, please let me have your comments. Provided your response is not defamatory it will be added to the article.

© Neil Wilby 2015-2019. 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.

Another Durham debacle as chief constable snubs Manchester Mayor

Much has already been written about the Operation Mackan fiasco, over which the now-retired chief constable of Durham Constabulary, Michael Barton was Gold Commander (read more here).

The central theme has been the sub-optimal, one-eyed investigation carried out by his Silver Commander, civilian investigator Darren Ellis, into complaints raised against the chief constable of Greater Manchester Police, Ian Hopkins. It is alleged that, not for the first time, he responded dishonestly to press criticism.

Durham were asked to investigate by the Mayor of Greater Manchester, Andy Burnham, on his behalf, after a grotesquely failed ‘investigation’ carried out by his deputy, Beverley Hughes.

An appeal by the complainant, to the police watchdog, the Independent Police Complaints Commission, against the outcome, signed off by Hughes, unsurprisingly succeeded. The so-called investigation amounted to nothing more than a single phone call to Hopkins, of which there was no note or record.

The complainant is Peter Jackson, a retired superintendent and now a nationally known police whistle blower, having been the source for a large number of regional and national newspaper stories, over the past two years, plus a regular round of TV appearances. Most recently on ITV Granada Reports where he broke a massive scandal concerning information technology failures at GMP from which, the Police Federation say, lives of police officers and members of the public are at risk.

It was also Jackson who was the source for The Times article at the heart of the complaints.

The Durham investigation outcome, accompanied by a 66 page report, littered with errors, is now also subject to appeal to the IOPC. Its receipt was ackowledged on 2nd August, 2019 and the Casework Manager, who gave his address as the Sale office of the police watchdog, anticipated being in a position to complete his assessment ‘within 15 working days, subject to any senior manager or lawyer input’.

‘Casework Manager’ is a very junior role in the IOPC, often held by inexperienced recruits, with little or no experience in police matters and no investigative experience or qualifications. The watchdog do themselves yet another disservice by not having this appeal, against a highly controversial investigation, analysed and assessed under the direct control of one of their Regional Directors.

It is hard to envisage the handling of a complaint, outside the realm of a death following police contact, that continues to drain confidence in the police complaints system as much as this Jackson, Hopkins, Burnham farrago.

In April 2019, Peter Jackson made a multi-faceted complaint to the Mayor’s office, via his Deputy Director for Policing, Clare Monaghan, regarding the conduct of Darren Ellis. It concerned both his questionable performance and competencies as a detective, and a series of alleged ethical breaches that included disrespect, discourtesy, neglect of duty, partiality and discreditable conduct. Jackson is well placed to assess the merits of a police investigation, particularly how it is framed and progressed, as he was Manchester’s leading murder detective before he retired. He had investigated serious crime for most of his 31-year police career.

The following month Andy Burnham wrote to the Durham chief constable, passing on the Jackson complaints against Ellis to him, as the appropriate authority, to make a decision whether to record them under the Police Reform Act, 2002. Bizarrely, Burnham did not support the whistle blower’s request for the removal of Ellis from the investigation. A decision likely to prove very costly; both in terms of public funds and further damage to his already failing reputation as an elected representative capable of holding a police force to account.

Jackson wrote to Barton, just before he retired in June, to enquire about the status of his complaints. His email was ignored. The Operation Mackan outcome was sent to Burnham a few days later. Jackson describes it as one of the worst he has ever seen, with, he says, a large catalogue of basic investigative errors and a highly partial approach virtually throughout. His appeal to the IOPC reflects those points.

Questions about the recording of the Jackson complaints, raised via the Durham press office in the course of researching this article, also drew a blank. Although separate enquiries to the Professional Standards Department did reveal that Ellis is still employed by the force. The clear inference at this point is that they have not been recorded. Strongly backed up by the fact that there has been no contact at all from Durham PSD to the complainant since the Burnham letter to Barton.

In the light of that information, Peter Jackson wrote to Barton’s successor as chief constable, Jo Farrell, to again enquire whether the complaints have been recorded. He has not even received an acknowledgement.

Even allowing for the apparent absence of ethical and professional standards in Durham Constabulary, cascading down from the top of the force, it is very poor conduct by Ms Farrell towards a retired police officer with an exemplary record across 31 years of service. This echoes dealings I had with her during her stint as deputy to Barton. Her portfolio responsibilities at that time included PSD. Our contact concerned an attempt to establish the directing mind in the response to a freedom of information request in which Durham gratuitously libelled me (read more here)

Members of the public, some with very serious issues indeed, have come forward to complain of the same disdainful culture within Durham. Typified in every way, it must be said, by Darren Ellis, as well as others across the ranks of this “grubby little police force”.

Alarming though it is, the protection of Ellis by Barton, and now, it seems, Farrell, does not just extend to the Jackson complaints. He is also under complaint over the most appalling conduct towards two Irish journalists, Barry McCaffrey and Trevor Birney in an operation codenamed Yurta that resulted in the two reporters being arrested and their properties searched over a TV documentary they filmed, and produced, about the infamous Loughinisland massacre. Barton, described by his own Durham colleagues as “a nutter”, resolutely defended Ellis in a televised broadcast from the Policing Board of Northern Ireland and continued to do so through other media, up to the day of his retirement.

The next step for Jackson is to appeal the non-recording of his complaints by Durham to the IOPC. Very determined that they will be appropriately and proportionately investigated, however long that takes, he is, of course, acutely aware that such an investigation, or local resolution, is unlikely to happen within the Durham force: Chief constables, past and present, are already implicated in a ‘cover-up’ and Darren Ellis, it seems, is still able to exert considerable influence within the very department that would deal with the complaints against him.

Peter Jackson’s merry-go-round predicament is another perfect example of why the police complaints system, and the statutory framework governing it, is in such urgent need of radical overhaul; a re-structure that should find no place for police officers, and forces, investigating themselves.

The seriously flawed IOPC should also be confined to the dustbin of history, alongside its three disgraced incarnations, the Police Complaints Board (1977-1985), the Police Complaints Authority (1985-2004) and the Independent Police Complaints Commission (2004 – 2018). Each one worse than its predecessor, which is, arguably, something only the UK Home Office could achieve.

Page last updated: Monday 12th August, 2019 at 0715 hours

 

Corrections: Please let me know if there is a mistake in this article. I will endeavour to correct it as soon as possible.

Right of reply: If you are mentioned in this article and disagree with it, please let me have your comments. Provided your response is not defamatory it will be added to the article.

© Neil Wilby 2015-2019. 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.