Bradford GP hits out after latest High Court success

A full report of a handed down judgment of Mr Justice Lavender, Presiding Judge of the North Eastern Circuit, appeared exclusively on this website yesterday evening (read in full here). It followed an appeal to the High Court in Leeds against the dismissal of a wrongful arrest claim, at Bradford County Court, a year ago.

Dr Abdul Rashid, a highly respected GP and medico-legal practitioner, had been arrested at his home in March 2012. A dawn raid involving sixteen officers found him asleep, along with his wife and three young children. The High Court judge found that the arrest was unnecessary and, therefore, unlawful.

Dr Rashid said after the remote hearing yesterday:

“The past eight years have been incredibly stressful for both me and my family in putting right all the wrongs caused by the unlawful arrest, which the High Court has now ruled to have been completely unnecessary. Not least, succeeding at judicial review in 2012, following a suspension from practicing as a GP, instigated by these same police officers, then being exonerated by the General Medical Council in 2016 of all the numerous false complaints made by these officers, and now this latest court success, 4 years later, gives some measure of vindication, but very little satisfaction. The chief constable should now publicly, and sincerely, apologise for the appalling conduct of not only a significant number of his own officers, but also those that represent him”. 

He added; “There should be a full investigation by the police watchdog into the fact that the police officer who arrested me was also holding himself out, at the same time, as a Private Detective to insurance firms, through a bogus company, and the whereabouts of the £183,000 said by the police themselves to have been paid to this officer by an insurance company at the time he carried out this completely unnecessary and unlawful arrest. The police watchdog, and the CPS, should also be looking very carefully at the transcript of the evidence given in court by DC Lunn‘s line manager, DI Mark Taylor, and ask why he complied with an order by a senior officer in a conspiracy to keep the improper activities of the former DC Lunn secret from the all of the suspects his police force was prosecuting, their legal teams and the trial jury, which may make their trial unfair and convictions unsafe”.

Finally, he said: “I am very grateful to my barrister, Mr. Ian Pennock, who has remained steadfast throughout this ordeal and, along the way, has put those who believed they could deny me justice, firmly in their place”.

A response to enquiries made to West Yorkshire Police press office yesterday is still awaited.

Page last updated: Saturday 26th September, 2020 at 2035 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 2015-2020. 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 Ne

Even more rotten

On 21st August, 2020 an article was published on this website, headlined ‘Rotten to its Core‘ (read here). It referred to the actions of Greater Manchester Police (GMP) in the eight years following the shooting of an unarmed man, Anthony Grainger, in a supermarket car park in Culcheth, Cheshire by a GMP armed response unit.

Within the piece were exclusive revelations concerning a corrupt detective who had worked on that undercover police operation, codenamed ‘Shire’. The officer also worked on the predecessor drugs investigation, Operation Blyth, but cannot be named for legal reasons and great care was, and is, being taken to avoid any possibility of ‘jigsaw identification’, in order not to prejudice any future proceedings against the officer, even though s/he has not yet been charged and, also, to protect unwitting others who are now dragged into the scandal.

The officer’s identity is, however, well known within GMP, not least because of the elite unit in which s/he was posted and there is a also relative who works for the force. Some colleagues were present when the arrest was made.

Not unnaturally, it created a great deal of public comment, opprobium and, indeed, alarm on social media, although completely ignored by the local and regional press. The most troubling aspect of the case is the genesis of the investigation: The subject officer allowed a packet of drugs to fall from a jacket pocket whilst dropping off a child at school (the location of which is now known but not disclosed here), left the scene without picking it up and the drugs were ultimately found by a pupil, handed to a teacher at the school, who called the police. The arrest followed, at the detective’s workplace, during which more drugs were found – and a search at home found yet more drugs and a cache of ammunition. The latter strongly suggests links to at least one organised crime group. The officer is presently suspended on full pay.

On 16th August, 2020 Gail Hadfield Grainger, the bereaved partner of Anthony, wrote to the Greater Manchester Mayor, Andy Burnham, who has a dual role as Police and Crime Commissioner for the region. This is the communication, in redacted form:

“Subject: Another corrupt officer attached to Operations Blyth and Shire.

Dear Andy

It is with some dismay that I have to write to you, yet again, over concerns related to the ‘investigations’ that ultimately led to Anthony’s death.

There is, apparently, no-one holding the chief constable to account, including yourself and Bev Hughes, and that is why GMP is widely, and quite correctly, labelled ‘rotten to the core’.

The latest revelation concerns [name redacted] whom, as you may know, featured strongly in both the subject investigations involving Anthony. [Gender redacted] has been arrested and is presently under investigation by the IOPC (believe it or not) over drugs offences. 

Both the Daily Mirror and the Daily Star have been trying to get the story past their lawyers. So far, unsuccessfully, because of the very limited response from the GMP press office. The facts are that [name redacted], when dropping off a child at school, inadvertently allowed some Class A drugs to fall from [gender redacted] pocket. These were picked up and handed to a teacher, who called the police. 

GMP officers found ammunition and a further supply of cocaine at [gender redacted] home address (more than for personal use). [Name redacted] also had drugs on [gender redacted] person when searched at [Name of office building redacted]. The offending is, apparently, common knowledge amongst the [name of unit redacted], of which [Gender redacted] is part.

Now to the important part. My information, from two sources, is that GMP are going to cut a deal with [name redacted] so that the story doesn’t get into the public domain and, they thought, reach my ears. [Gender redacted] won’t be prosecuted and misconduct proceedings will be held in private. [Gender redacted] will, of course, be on full pay for as long as [name of staff association redacted] can spin this out and then, of course, receive [gender redacted] pension.

It is not confirmed yet, but I have reason to believe that [name redacted] lives in the [name redacted] area. [sentence redacted].

In these circumstances, I require from you a firm undertaking that this officer will be prosecuted and sentenced with the same rigour as any other member of the public and that you properly and fully hold the chief constable to account over this disgraceful situation. Those orchestrating the cover-up should also face the full force of the law. You were noisy enough on that very same point when grandstanding for the Hillsborough families.

In the absence of you taking all the necessary and correct steps to put right this series of wrongs then I will go public and you will be doorstepped if you won’t face the cameras and answer questions.

A copy of a letter sent to all Greater Manchester MPs, including of course my own, is attached. The contents are self-explanatory. Your failure to hold the chief constable and his corrupt police force to account has been expressed within.

Yours sincerely

Gail Hadfield Grainger

Bereaved family member and victim – Anthony Grainger”

 

The Deputy Mayor’s response amounted to just five short, sterile paragraphs. It is completely absent of any empathy or sympathy for the distress and alarm these latest developments have brought to Gail and her family. In Ms Hughes’ familiar style she relies entirely on what the police have told her without making her own, independent, enquiries.

She quite correctly opens by saying that she is limited to what she can say because of an ongoing criminal investigation. But she omits to say for how long this investigation is ongoing. It is believed to have been running for over six months. The letter goes on to say that there are simultaneous investigations being conducted, misconduct by the Independent Office for Police Conduct (IOPC) and a criminal investigation led by the GMP Head of Professional Standards Branch (the very same PSB unit that has led the sustained ‘cover-up’ over Anthony Grainger’s death since March, 2012). The investigation was sent back to PSB, by the IOPC, rather that the watchdog take the more logical and transparent step of inviting another large metropolitan force to get to the bottom of what could be widescale corruption of which the subject officer may only form a part.

Ms Hughes says, despite the lengthy and troubled background to the Grainger case, that she is ‘assured that there is no question that a deal is being done with the officer’. But she gives no clue as to the source of that ‘assurance’ making it, in the event, worthless. She adds that any decision to hold a misconduct meeting in private would be made by the Panel Chair. Omitting to mention that the Mayor decides which legally qualified Chairs form part of his standing list from which a selection is made each time a misconduct hearing is deemed necessary.

She concludes by saying that ‘I am assured that the investigation will be conducted in a thorough and professional manner through to its conclusion and all available evidence presented to the CPS and any misconduct panel’. Again there is no clue whatsoever of the identity of the officer giving the assurance.

It is true to say that Gail Hadfield Grainger was surprised, disappointed and not a little angry that Andy Burnham had not responded himself and, more particularly how weak and supine the response was, after careful analysis.

Accepting, of course, the limitations of the Mayoral response in order to protect the integrity of the investigation (Gail has a Masters degree in law), there was no mention of:

– The ‘Rotten to its core’ label now widely attached to Greater Manchester Police.

– Why the investigation is taking so long? A member of the public found with drugs and ammunition, during and post-arrest, would have been charged, put before the local Magistrates’ and committed for trial at Crown Court within hours, not months.

– What safeguarding measures are being/were put in place at the school and whether counselling for the children and staff unwittingly involved in these crimes was offered?

– The danger this bent cop, and the missing firearm for which the ammunition was acquired, poses to the public of Greater Manchester, and serving colleagues, whilst still at large.

– The fiasco surrounding the investigation of every other officer accused of criminal offences and/or misconduct and involved in either the killing of Anthony Grainger, or the grotesque and sustained ‘cover-up’, by GMP, that followed.

– The fact that a key member of her own team, Paul Gilfeather, was convicted of Class A drugs offences in December, 2018 (read here).

Since that exchange of correspondence, other information has been shared by insiders that adds considerably to the risk that the public are being placed under. It is alleged that the subject officer has, before the suspension from duty:

– Unlawfully accessed police computer systems.

– Had involvement with at least one organised crime group. It is generally accepted that, where there is OCG drugs and firearms offending, as in this case, it usually follows that trafficking, extortion, robbery, theft to order, money laundering are also adjacent.

– Tipped off criminals as drug busts and other disruptive police activity in the locality were being ‘blown’ regularly. Senior officers, prior to arrest of their colleague, were said to be perplexed as to how this series of failed operations had come about.

Other matters more broadly connected to this troubling case include:

– One of the Mayor’s key political allies is said to be a recreational cocaine user. GMP should be aware, as the dealer is said to be a police informant. However, there is no suggestion whatsoever that Andy Burnham is adjacent to that fact. That is also the case with his now dismissed PR Guru, Gilfeather.

– It is alleged that an officer who worked on Operation Blyth was prosecuted for stealing drugs from the police force exhibits store.

The attempt by Beverley Hughes to downplay the case, and its wider ramifications, should trouble every single person in Greater Manchester and beyond. Her suitability to be be holding any police officer to account, given her own highly questionable ethics and professionalism, is just another part of the factual matrix. As is the total reliance on anonymous sources, within a corrupt police force, for her ‘assurances’ that everything will turn out well for the public in the region. The damning evidence already heard at the Manchester Arena Inquiry again expose the frailty of that proposition, as the rank incompetence of the senior leadership is again exposed, unchecked by any form of accountabilty from the Mayor’s office.

The last word, for now, goes to Gail Hadfield Grainger:

“Since this officer’s arrest was first brought to my attention it has caused great anguish to both my family and myself. The role played in the two operations that led to Anthony’s death cannot be erased from history and is a significant trigger. Nor can the terrible mistakes that preceded that utterly tragic event or the cover-up engineered by the police almost from the moment Officer Q9 pulled the trigger.

“With very good reason, I do not trust either the police service, or the Independent Office for Police Conduct, or the CPS, to bring to book this latest GMP criminality, without fear or favour and, unfortunately, the inactions of the Mayor, and this recent letter from his deputy, do nothing to dispel that deep rooted concern. The case should have been given to another police force to investigate”.

The Mayor’s and the police press office have been invited to comment.

Page last updated: Wednesday 9th September, 2020 at 1735 hours

Photo Credits: Greater Manchester Police, ITV News, Derby Telegraph (Stockphoto)

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 2015-2020. 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.

 

‘A grubby little police force’

This catchphrase, now widely shared on social media and indelibly associated with Durham Constabulary, was first coined in November 2016 as part of communication between journalist, Neil Wilby, and the force, concerning a concise, plainly expressed freedom of information request (read in full here).

The disposal of that request quickly turned very ugly after Durham made, very arguably, the worst and most offensive response in the history of the Freedom of Information Act, 2000. It was an unwarranted, unvarnished, libellous attack by a police force, against an enquiring reporter, that also contained a series of deliberate and inexcusable untruths. There had never been any communication or interaction between them prior to that request, which made a response of that deeply offensive nature all the more inexplicable and inexcusable.

Those police officers responsible, both civilian and warranted, should, on any independent view, have faced a criminal investigation or, at the very least, a disciplinary hearing. A clearer case of misconduct in public office or, in police regulations parlance, disreputable conduct, would be hard to find.

Interestingly, the senior officer with portfolio holder responsibility for information rights at that time was Deputy Chief Constable Jo Farrell, since promoted to the top rank following the sudden, inexplicable ‘retirement’ of her predecessor, the vastly overblown Mike Barton.

Their motivation, it seems, was to frustrate a journalistic investigation into yet another shoddy operation, in a lengthy cataloge in that era, by North Yorkshire Police. Durham’s part in that probe is that they had, allegedly, taken over a fraud investigation from NYP as it involved a very prominent, and influential, former police authority Chair in North Yorkshire, Jane Kenyon. Over the years, a regular object of derision in the satirical magazine, Private Eye, regarding her dubious business dealings (read more here).

The criminal ‘investigation’ also featured Thomas William Miller, a Scarborough councillor better known as Bill, who is now married to Kenyon. The victims of the alleged fraud were one Miller’s sons, Jeremy, and his daughter in law, Karen. All four had been involved in a company called Dales Timber Ltd.

In the event, disclosure was refused by Durham after a series of ludicrous, childish, unlawful posts on the What Do They Know website, upon which the request was first posted. They relied on Section 14 of the Act, saying the request was ‘vexatious’, without actually explaining why.

Following a complaint to the Information Commissioner’s Office (ICO), the Durham decision was overturned. During the watchdog’s investigation the police force continued their smearing campaign against the journalist. Given weight to the argument that this was not about an information request but much more about pursuing a vendetta.

They eventually, and reluctantly, made partial disclosure from which it could readily be deduced that the fraud ‘investigation’ on behalf of NYP was a sham. There was simply no intention to gather probative evidence, take statements from key witnesses and/or suspects, seize evidence or apply the necessary rigour to what, on any independent view, was a very serious matter involving a high profile public figure with a history of dodgy dealing. Efforts since, via the Police and Crime Commissioner, the disgraced Julia Mulligan, a close Conservative Party associate of Jane Kenyon, to have the flawed fraud investigation re-opened, were vigorously rebuffed.

The outfall from that venomous attack by Durham is still the subject of civil proceedings that were first brought in November, 2017 against Durham, who have done everything they can to frustrate that process. A resumed hearing is listed for November 2020. The first, in December, 2019, was adjourned due to the court not allocating sufficient time for the hearing to be completed. [The court service’s over- listing of multiple back-to-back hearings, with no provision for urgent or emergency matters to be dealt with by district judges, will be the subject of a future article].

The claim has been brought by way of section 13(2) the Data Protection Act, 1998 (since superceded) following the sub-optimal disposal of a data subject access request; Durham’s Information Rights Manager, Leigh Davison, has admitted the breach and apologised in her witness statement but, at the same time, their counsel, Daniel Penman, pleads that there is ‘no cause of action’ and advises Durham to refuse to pay the nominal damages sought.

Penman, an oppressive, excessively bullish and sometimes foolish individual is, in those terms, ideally suited to this particular client. One of his bizarre claims, made during informal discussions with the district judge at the conclusion of the last hearing, designed only to humiliate his opponent, was that Mark Gosnell, a senior civil judge based in Leeds, is known as ‘Mr Justice Gosnell’. He was not then and is still not now a ‘red judge’; notwithstanding the very fine and highly regarded arbiter that His Honour undoubtedly is.

He did not welcome the advice from a seasoned journalist/court reporter that, without a change in approach towards other parties to litigation, or journalists, he may well not make the advance in his career his undoubted promise as an advocate might warrant. An approach also in evidence at Bradford Law Courts during a hotly contested civil claim at which both journalist and barrister were present (read here) when he and his leader, the similarly bullish Olivia Checa-Dover, tried, unsuccessfully, to prevent Neil Wilby reporting on the case. Anyone reading that trial summary will understand precisely why those instructing counsel, led by Alison Walker of West Yorkshire Police no less, would have preferred the highly controversial matters aired in the resolution of that £5 million claim, including lurid details of the activities of a “bad apple” officer (read more here), to remain concealed.

A second civil claim is to be issued shortly against Durham concerning the same data subject access request: The force, via Ms Davison, maintains that all materials to which the applicant was entitled were disclosed, when it is patently obvious that such an assertion has no basis in either the facts or evidence. There is also a peripheral issue of the torn packaging in which the subject access materials were sent. Taken at its face, a minor matter of course, but one that created significant distress and alarm at the prospect that sensitive personal data, sent out by a police force, was accessible to anyone within the postal service.

At the time, Durham didn’t even have the courtesy or professionalism to respond to the email and attached photographs, evidencing the flimsy, careless and, in fact, unlawful manner in which the data was transported. But for “a grubby little police force” that type of treatment comes as standard. They utterly resent any form of scrutiny or challenge.

Ms Davison is the subject of robust criticism, over both disclosure failings and her lack of professionalism and the seeming lack of integrity of her department, from other service users such as Huddersfield businessman Stephen Bradbury who has also succeeded at the ICO in his complaint against Durham and has been forced to issue civil proceedings, grounded in Section 168 of the Data Protection Act, 2018 and Article 82 of the General Data Protection Regulations (GDPR), over a grotesque breach of his privacy and misuse of personal data. Despite the ICO finding, the police have ignored all attempts to settle the claim without resort to legal action.

The case of local man Mel Dawson has reached the national newspapers (read here). Durham Constabulary has been responsible for a quite remarkable sequence of ‘disappearances’ of important data. Not least of which is all materials related to a search warrant that Mr Dawson asserts was unlawfully obtained.

Another more startling critic of the Information Rights Department, Ms Davison, the force’s Legal Services Department and Chief Constable Farrell is one of their former colleagues, Michael Trodden, who complains bitterly over disclosure failings relating to a criminal trial at which the detective was cleared by a jury (read here) and in misconduct proceedings that followed.

A third Yorkshire man, Darren Longthorne, together with his wife, Tracey, are also fiercely critical of Ms Davison, and others, following the death of the latter’s father and a botched investigation by Durham that followed. The inevitable disclosure failings by the police are at the heart of their complaints.

This is an emerging picture of sustained abuse of the Freedom of Information Act, the Data Protection Act and the Criminal Procedure and Investigations Act by a law enforcement agency. A national disgrace and one upon which the statutory regulator should be taking much more robust action than the occasional slap on the wrist.

It is a near certainty folowing publication of this article that other complainants will come forward and add further weight to the “grubby little police force” strapline.

More recently, yet another decision made by the ICO has gone against Durham following a further Neil Wilby information request (read in full here). The genesis of the request was the media storm over another grotesquely failed ‘outside force’ investigation. This time concerned the alleged theft of sensitive documents relating to the review of the police actions following the Loughinisland massacre in 1994.

Durham Constabulary and the two officers who led the investigation, at the invitation of the Police Service of Northern Ireland (PSNI), the aforementioned Barton and the civilian investigator, Darren Ellis, about whom much has been written elsewhere on this website (read more here), were absolutely slaughtered both in the High Court and the national press over their conduct – and particularly over warrants obtained unlawfully against two hugely respected Irish journalists, Trevor Birney and Barry McCaffrey. The latter two are presently involved in mediation over settlement of their claims for unlawful arrest, trespass and detention. Neither Barton nor Ellis have faced any investigation or proceedings over their ghastly conduct.

In their response to the information request, again very precisely drafted, Durham claimed that they held no information and that under the Police Act, 1996 the request should be transferred to Durham. It was a response so ludicrous that it might have been written by a 12 year old – and was nothing more than a peurile, vacuous ruse to avoid disclosing more damaging material, particularly internal and external emails, to journalist they dislike intensely. If Ms Davison didn’t write it herself (the response was sent anonymously in breach of Code of Ethics and Authorised Professional Practice), then it went out under her departmental direction and control.

The force even refused to fulfil their obligations under FOIA and, more particularly, the College of Police’s Authorised Professional Practice, regarding the request made for an internal review of the decision not to disclose anything.

Durham has also now revealed that four other requests were received on similar subject matter and they got away without making any disclosure to those applicants.

It took the ICO seven months to reach their decision but, for them, they were scathing in their criticism of Durham and directed that the request did have to be dealt with by them and all materials prior to the investigation commencing should fall for disclosure. Some, but not all, of the disclosure has now been made and, as expected, almost the entire artifice was designed to protect one man: the thoroughly disgraced Darren Ellis.

PSNI do not escape censure either as they repeatedly, and unlawfully, intervened in the request, apparently on behalf of Durham, attempting to take it over and then refusing disclosure by way of a section 31 exemption. One is entitled to muse over the calibre, and integrity, of employees of that force engaged in their disclosure unit and, of course, the unseen hands directing them from above.

The battle over the Loughinisland disclosure continues, however, as once again, it is clear that not all the materials known to be in existence at Durham have been disclosed. A matter that is, once again, destined for both the ICO and the civil courts.

In the meantime, the public are entitled to seriously question the hundreds of thousand of pounds, and countless officer hours, squandered by Durham Constabulary (and, in two of the cases, NYP and PSNI) to simply conceal materials that will further damage their reputation as “a grubby little police force”. It is a matter so serious that it should warrant a mandatory referral of the conduct of those officers involved, from the past and present chief constables downwards, to the Independent Office for Police Conduct.

The immediate past chief constable, Mike Barton, now faces an uncomfortable few weeks as the real reason for his hasty exit from the top job has been exposed by an insider. A follow-up to this article will be published during w/c 28th September, 2020, wherein those revelations will be expanded upon.

It is not a pretty picture for either Barton or his boss, the late Ron Hogg, whom, it seems, concocted the ‘spend more time in my greenhouse’ story that the local and regional media swallowed whole. Within days a national newspaper had revealed that Barton had taken on a lucrative role with a Canadian IT company (read more here). This, in addition, to continuing to pick up the pieces from his force’s failed enterprise in Northern Ireland. Both a long way from his garden in Blackpool.

Barton received a CBE on the day he required. In all truth, one is entitled to ask how he had the brass neck to accept it.

The police force press offices at Durham and PSNI, the interim Police and Crime Commissioner for Durham have all been approached for a statement.

Page last updated: Thursday 3rd September, 2020 at 1300 hours

Photo Credits:

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 2015-2020. 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.

‘Rotten to its core’

These are the words of leading counsel, Leslie Thomas QC, about what is now recognised as the most scandal-ridden police force in the country.

They were spoken in May 2017 at the conclusion of a public inquiry into the death of Bolton man, Anthony Grainger. Mr Thomas went on to claim Greater Manchester Police attempted to “cover up” failings over the tragic and needless death.

He added: “Key documents have been destroyed, accounts and logs embellished, police statements carefully stage-managed, evidence has been concocted, redactions made for no good reason and thousands of pages of relevant material withheld.

“Taken together with the sweeping failures in planning and execution of this operation, this smokescreen by GMP reveals an organisation that is rotten to its core.”

The inquest touching Mr Grainger’s death was converted to a public inquiry by way of a decision taken in March 2016 by the Home Secretary of the day, Theresa May. This followed the abandoning of a Health and Safety prosecution against Peter Fahy, the chief constable at the time, in January, 2015.

The perenially inept Fahy, who had pleaded not guilty at Liverpool Crown Court, had been charged as the corporation sole, a legal status that meant he represented GMP, but bore no criminal liability.

The prosecution set out to prove 26 alleged GMP failings arising out of Operation Shire, an armed police deployment acting without any proper intelligence basis for so doing, and when the use of armed police was unnecessary or premature. Particularly when some of them had been hanging around for up to 14 hours before reaching the death site.

But, following an application by defence counsel that the prosecution was an abuse of process, the CPS offered no evidence and a not guilty verdict was formally recorded. ‘Shire’ had followed another flawed and controversial drugs-focused operation, code-named Blyth, also dogged with corrupt officers.

It was argued, some might say incredibly, that evidence gathered by the force was so secret it could not be shown to a jury and, therefore, Fahy and GMP could not get a fair trial. It was, on any independent view, another in a long line of disgraceful episodes in the recent history of GMP.

Fahy, whose dreadful legacy still puts Greater Manchester at risk, retired later that year. Some of those perils are outlined in this shocking and widely read catalogue of scandals besetting GMP, many of them on Sir Peter’s watch (read here).

One of his worst bequests was the choice of his deputy, Ian Hopkins, promoted to that role in 2012 after joining GMP in 2008 as an assistant chief constable. Hopkins had previously served, without any obvious distinction, in three small county forces.

Following the Fahy retirement, Hopkins was take his place as chief constable, after no other officer, internally or externally, made the short-list for what should be a highly prestigious role, heading up the third largest police force in England and Wales.

The force, on Hopkins’ watch has, almost since the day of his appointment, staggered from crisis to crisis, scandal to scandal, on a routine basis, and confirmed his position as the worst chief officer in the country, by some distance. Most heavily underscored by the disastrous IT Transformation that is commonly known as iOPS (read more here) and the catastrophic human tragedies associated with Operation Augusta.

One of the worst of those scandals will surface again shortly as the Grainger shooting is about to hit the headlines, once more, for all the wrong reasons.

At the Grainger Public Inquiry, Assistant Chief Constable Steve Heywood was caught telling untruths and admitted making forged entries in a policy log in an attempt to justify the fatal attack. Just part of the catalogue of disgraceful GMP conduct referenced by Leslie Thomas QC.

Heywood told the judge, under probing from counsel to the inquiry, Jason Beer QC, that he did not intentionally mislead the inquiry. Against a background of his force doing just that, over and over again, in those same proceedings.

He signed off on sick leave the day after giving that evidence and never returned to duty, thereafter. It was reported that, during his eighteen month ‘sickness’ absence, he received salary and benefits worth a sum over £250,000. He ‘retired’ in October, 2018 on a full police pension, having reached 30 years service.

This officer, whose evidence was generously described by the inquiry Chair, Thomas Teague QC, as ‘lacking candour’ was not, subsequently, prosecuted over what might be considered, at their highest, to be very serious criminal offences; the Crown Prosecution Service ruling that there was insufficient evidence to secure a conviction. Later revised, after it was belatedly accepted that it did, in fact, meet the evidential threshold, to ‘not in the public interest’.

An investigation followed the public inquiry, by the Independent Police Complaints Commission, into Heywood’s misdemeanours. It began in October 2017 and concluded in May 2018. Roughly five months longer that a competent probe should have taken. They, eventually and belatedly, ruled that he had a case to answer for gross misconduct. It took GMP until November, 2018 to accept that finding. Another six months deliberately wasted.

The disgraced IPCC, upon whose evidence the CPS had relied in deciding not to charge Heywood, had in the meantime changed their name to the Independent Office for Police Conduct.

In May, 2020 the Government produced a ‘whitewash’ response to the 346 page Report into the Death of Anthony Grainger (read inquiry report in full here). It said ‘valuable lessons have been learned for the future’ and ‘good progress’ had been made on nine of the recommendations set out by HHJ Teague. There did not appear to be any probative evidence supporting those assertions (read here).

Supine and very largely ineffective Policing Minister, Kit Malthouse, said: “These organisations [the National Police Chiefs Council and GMP] have accepted the recommendations which were made and assured Government that, in the eight years since the operation in which Anthony Grainger was fatally shot, significant work has taken place to implement changes”. Again completely without supporting evidence. Simply relying on the word of the same senior officers who had condoned the disgraceful conduct of the force at the inquest.

Four officers remain under investigation by the IOPC in connection with the incident and its aftermath. They include another assistant chief constable and Fahy protege, Terry Sweeney. The IOPC seem determined to string out proceedings as long as humanly possible, apppearing to do little or nothing between updates to the bereaved family.

In the midst of all this controversy, in May 2019, Ian Hopkins was given a two year extension to his highly lucrative chief constable contract by the Manchester Mayor, despite being the officer very closely involved in the purchase of illegal gas canisters, deployed in the immediate aftermath of the fatal shooting of Anthony Grainger. One was thrown into the car in which he lay dead. The canisters, purchased in the USA, had been stored by GMP for some time before that unlawful use.

The marksman who shot Grainger, anonymised under the codename Q9, was recently told that he had no case to answer for misconduct (or criminal liability). The watchdog found Q9’s reason for using lethal force was “honestly held”. A surprise and disappointment to the Grainger family having heard his evidence, and that of the others involved in the botched operation, at the public inquiry.

The gross misconduct proceedings against Steven Heywood were listed to be heard at GMP HQ from Monday 1st June, 2020 and scheduled to last three days. They sensationally collapsed, early on the second day, when counsel for the Chief Constable of Greater Manchester Police, who had brought the proceedings against Heywood, submitted to the Panel that charges against him should be dismissed. This remarkable turnaround, by Gerard Boyle QC, followed an application on Friday 29th May, 2020 by GMP to the effect that proceedings should be adjourned whilst an issue concerned redacted materials in the hearing bundle was resolved.

The response of counsel for Heywood, John Beggs QC, was to apply for a stay to the proceedings on the grounds that the delay in bringing the proceedings, and a contemplated further delay, was unfair and prejudicial. Beggs, in oral submissions, also made great play of the redactions issue being unfair to his client, although his copious written pleadings were largely silent on that point.

The way the proceedings played out, regrettably, had the appearance of a well-rehearsed pantomine. With ‘the baddie’ making good his escape.

However, to her great credit. the Panel Chair pulled no punches when responding to the submissions by counsel, being harshly critical of the conduct of both parties.

A transcript of the Panel’s decision and closing remarks – and the response of GMP to them – can be found here.

The officer providing the statement on behalf of the force was Deputy Chief Constable Ian Pilling, Command Team portfolio holder for professional standards, and it is with him that the search for those responsible for the debacle begins: “Following submissions made at the gross misconduct hearing in relation to retired ACC Heywood on June 1, the force has made the decision not to pursue these proceedings further and invited the panel to dismiss the charges against Mr Heywood.

“This misconduct case involved consideration of some complex issues relating to certain information and intelligence which, for legal reasons, could not be provided to Mr Heywood and could not be made public or indeed even shared with the panel dealing with the misconduct hearing.

“Evidence relating to those things was heard in private at the Anthony Grainger Inquiry, and as such was redacted from the public records of that inquiry. The law concerning what can be disclosed in a public inquiry is different from that in misconduct proceedings.

“Following submissions made on Monday, the force has accepted that some of these matters could not be overcome and it would be unfair to pursue the case against the retired officer.

“These are complex issues and the available options were often constrained by the law. Decisions have been made based on professional advice and in the best interests of reaching the most appropriate outcome – however, in this case this hasn’t been possible, which I very much regret.”

As can be seen from the transcript, the Panel Chair, Nahied Asjad, slammed GMP for “delays and procedural errors” and said the handling of the misconduct hearing “could undermine public confidence in the force”.

“There has been a  fundamental disregard for everyone involved in the proceedings, including Mr Grainger’s family, Mr Heywood and the public”, she added.

In the face of that stinging criticism, DCC Pilling added: “The Chair has been clear that the Panel are of the view that GMP did not deal with some key elements of this matter in an appropriate way. Whilst we need to examine the comments more fully, we absolutely accept that mistakes have been made and this matter should have been handled much more effectively.

Pilling did not offer his resignation, as he rightly should have done but did go on to say:

“We apologise unreservedly for the errors which were made, in particular to the family and partner of Anthony Grainger and to all other involved parties.”

gail hg

An apology not accepted by Gail Hadfield Grainger, Anthony’s co-habiting partner at the time of his death – and an intelligent, dignified, determined and resourceful campaigner for justice ever since.

She has similar disregard for the perennially weak IOPC Director of Major Investigations, Steve Noonan, who said: “Anthony Grainger’s family, and the wider public, deserved to hear the evidence and Mr Heywood account for his actions. We acted quickly and decisively to examine Mr Heywood’s conduct once it was brought into question during the Grainger Public Inquiry in 2017. In May 2018, after our seven month investigation, we concluded he should face a public hearing to answer allegations that the evidence he provided to the Inquiry may have breached police professional standards relating to honesty and integrity and performance of duties. GMP agreed with our findings.”

“Today’s developments mean that there can be no ruling from the police panel, as to whether or not Mr Heywood committed gross misconduct to a degree that would have justified dismissal, were he still serving.

“Three new investigations stemming from evidence given at the Anthony Grainger Public Inquiry, which reported its findings in July 2019, began earlier this year, and we will continue to work hard to ensure those allegations are thoroughly examined, that actions are accountable and lessons learned.”

Gail absolutely rejects that lessons have been learned by either GMP, or the IOPC, whom she holds jointly responsible for the Heywood fiasco with the CPS, who provided two different and equally weak arguments before deciding not to prosecute. A decision that had all the appearance of being pre-formed with a resort to any excuse not to put matters before a jury.

On Friday 21st August a very short remote hearing took place under Regulation 34 of the Police Conduct Regulations 2012, applicable in this particular case. The chair, DCC Pilling looking shifty and uncomfortable, who is also Appropriate Authority and responsible almost entirely for the Heywood debacle, determined that no disciplinary sanction would be applied to the former assistant chief constable in the light of the Panel’s decision at the June hearing.

Steve Heywood did not attend the proceedings and neither did his legal team. Gerard Boyle QC, as mentioned above counsel to GMP, was in attendance but had nothing to add to Pilling’s decision.

The execution of the Heywood cover-up was complete. Nothing to see here, folks. Move along to the next one, which allegedly involves a cocaine-using officer, with links to illegal firearms, presently being ‘investigated’ by the IPCC following an arrest. The officer cannot be named yet, for legal reasons, but was involved with both Operations Blyth and Shire, the latter to a significant degree. GMP are desperately trying to suppress details of the shocking nature and scale of offending. The officer was attached to one of the highest profile and most prestigious units in the force where, it is said, the offending is common knowledge.

Gail Hadfield Grainger has, quite rightly, expressed her outrage at this latest ‘cover-up’ involving officers in the team responsible for her partner’s needless death. An email setting out her concerns that ‘a deal’ may have been done with the offender, to slip the officer out of the GMP back door away from public view, without prosecution or a misconduct hearing held in public, has been sent to Andy Burnham. He has until Monday 31st August, 2020 to respond.

The Home Secretary, Greater Manchester Mayor and the chief constable have been approached for comment.

Page last updated: Monday 24th August, 2020 at 1735 hours

Photo Credits: Greater Manchester Police, ITV News

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

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© 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.

Misconduct proceedings described as ‘omnishambles’ by top QC

As an interim measure, this is a contemporaneous record of notes taken during the substantive part of the proceedings of Tuesday 2nd June, 2020, in the hearing of gross misconduct allegations against former assistant chief constable, Steven Heywood. A more complete report will appear later.

This was the second of three days listed for the hearing. Most of the first day’s session was taken up with an opening by Gerard Boyle QC, representing the chief constable of Greater Manchester Police and a viperous response from John Beggs QC, for Heywood, who sought a stay of the proceedings under sections 19 and 21 of the Police (Conduct) Regulations 2012.
Those concern prejudice against an officer, the subject of misconduct proceedings, in the event of protracted and inexplicable delay. Beggs QC described the conduct of the misconduct proceedings by GMP as ‘an omnishambles’.
He also complained bitterly about ‘equality of arms’, in terms of legal representation and funding. In which he felt that his lay client was seriously disadvantaged.

This disciplinary hearing was brought about by Heywood’s seriously troubling evidence given at a public inquiry into the shooting of Gail Hadfield Grainger’s partner, Anthony Grainger, in 2012. It was Gail’s articulate, dignified but persistent campaigning that  largely brought about the inquiry.
The Crown Prosecution Service subsequently refused to prosecute Heywood after he lied on oath at the inquiry and it transpired that he had altered police logs post-facto. They said the evidence was ‘insufficient’ to secure a conviction.
Gail was refused a review of that inexplicable decision on the grounds that she wasn’t regarded by the CPS as a victim.
Decision of Panel, as delivered by Legally Qualified Chair, NAHIED ASJAD LLB (Hons) LLM. [There are a number of typographical errors in the note-taking, these will be corrected at the earliest opportunity].
“These are misconduct proceedings brought by the chief constable of Greater Manchester Police, as the appropriate authority, against former ACC Steven Heywood. The proceedings commenced on Monday 1st June, 2020 and the matter was listed for three days.
“Yesterday, we heard submissions from Mr Boyle QC on behalf of the appropriate authority, and Mr Beggs QC on behalf of Mr Heywood this morning. Mr Boyle QC invited the panel to recommend that the charges against Mr Haywood be dismissed.
“In his submissions, on behalf of the appropriate authority, Mr Boyle stated that the appropriate authority had concluded that it cannot in good conscience, seek to pursue these matters further.
“Well, in this Panel ‘in good conscience’ cannot dismiss the allegations against Mr Heywood, without stating the following. What we are about to say is not directed at Mr Boyle QC, but is directed towards the appropriate authority [Chief Constable of Greater Manchester Police]. We, as a Panel, were convened to hear Gross Misconduct allegations against Mr Heywood; one of the purposes of misconduct proceedings is to maintain public trust and confidence in the police service. The integrity of the police system can only be upheld if officers who are alleged to have committed misconduct proceedings are dealt with appropriately.
“Mr Grainger was shot on 3rd March, 2012. His death has been the subject of a public inquiry, a CPS prosecution and these Gross Misconduct proceedings. We learned yesterday that the same legal department of Greater Manchester Police had been involved in all of these proceedings, in one way or another, yet it is manifestly obvious that no one has strategic oversight of all of these matters. How else can it be explained that matters that today are said to be inevitable and unfair, when not seen in the same light by the same legal team after the IOPC completed its investigation, following a complaint in relation to Mr Heywood.
“The appropriate authority has said that it does not accept the colourful descriptions by Mr Beggs QC of funding by GMP of a chaotic and shambolic approach. This panel goes further however, and states that there has been a fundamental disregard to everyone involved in these proceedings. And by that we mean the family of Mr Grainger, interested parties, Mr Heywood and the public.
“All the expectations and faith in the misconduct process that these individuals had, has been held in abeyance whilst the appropriate authority attempted to sort out issues that, according to its own chronology, it had been working on since at least March, 2019. That chronology shows that they spent nine months, attempting to resolve the issue of intelligence and its impact on the misconduct proceedings. And, according to Mr Boyle, did so in good faith.
“Yet, that cannot be right as, despite not having resolved those issues, they decided to bring these misconduct proceedings. And now, in June 2020, have gone the other way. As we have already noted, up until Friday of last week, they had even prepared the case for hearing with an opening note, in which they relied on a blanket prohibition on the redactions. We are deeply concerned that, despite advice from counsel, despite assistance from the National Crime Agency, and most importantly, despite knowing the history of the case and the outcomes and the criminal proceedings, it is only now two years after the IPCC report was sent to GMP that they now say that they have reflected on the position and realised the inevitable and have been persuaded that it would be unfair to proceed. Reflection and realisation should have occured much sooner. Instead, the family of Mr Grainger are having to leave these proceedings without an outcome.
“They and the public were led to believe, by the very fact that these proceedings were brought, that at least the allegations of Gross Misconduct would be heard. Similarly, Mr Heywood has had to face these allegations for years, only to be told today that the appropriate authority, would be offering no evidence.
“Mr Grainger’s family, Mr Heywood and the public, have been let down by the appropriate authority in this case, and we note that there was no contrition, or apology, to anyone in what was said on their behalf this morning.
“Public confidence in the police force can be undermined if the proceedings themselves are so flawed by delay and bad decision making. But, ultimately, they lead to charges being dismissed, the costs involved in bringing such Gross Misconduct proceedings cannot be in the public interest, either the appropriate authority has accepted delay in this case, as well as procedural irregularity in that the regulation 19 and 21 notices were not issued as soon as reasonably practicable.
“We note that the appropriate authority said that they would be very happy to attend and explain the steps taken, following the CPS decision and progress made but, in the end, doing so would have been an academic exercise.
“This Panel feels that everyone would have been greatly assisted in understanding what has happened in this case, had they heard direct from the appropriate authority, because even now, as we stand here today, it’s not clear why these delays and procedural errors have occurred.
“We do find it necessary to mention that we also have some criticism of the way the defence conducted themselves in response to these proceedings. Nowhere in the regulation 22 response was there any mention of the redactions request being an extant issue. It was mentioned twice in a 23 page document comprising 82 paragraphs. At paragraph 7 it was mentioned in brackets, in the following way. “It would be helpful if the appropriate authority lifted the redactions in this section, to better content contextualise his answer. The second time it was mentioned was in paragraph 66, where it was said, it makes it more difficult for him to answer the issues in this misconduct case with redactions.

ements of a regulation 22 response is that the officer should provide, to the appropriate authority, written notice of whether he accepts the conduct amounts to misconduct, or Gross Misconduct, any submissions he wishes to make in mitigation and which parts of the case he disputes was written notice of the allegations he disputes, and any arguments on points of law, he wishes to be considered.
“Nowhere in the Regulation 22 response was there any reference to Mr Heywood having actively pursued the issue of redactions. Nowhere was it said that this was an outstanding matter, or that the case could not be pursued fairly as it stood, or that illegal point was being taken.
“This only added, therefore, to the surprise that the Panel felt at the turn of events yesterday when Mr Beggs advanced it repeatedly, and that the redactions point was an obvious issue, and had always been since 2018. Indeed, yesterday it was cited as the central issue. But even in the letter to Laura Shuttleworth, which was produced in the bundle it doesn’t say that the issue of redactions was raised as an ongoing or outstanding issue.
“That  had been going on for a year, but only on the basis that Mr Heywood needed them so he could remember his evidence, and it was a request that the appropriate authority should consider it.
“We mentioned that, just to make it clear that that didn’t help matters either in the way that they have been progressed in this case. Turning to the decision that needs to be made. Mr Heywood has retired from the police, these proceedings are brought under the Police Conduct Regulations 2012. As amended, and so he’s being dealt with as ‘a former officer case’, the panel will know that at the conclusion of this hearing.
“We have a duty to produce a report to the appropriate authority, recording our findings, our reason for those findings and a recommendation. We have been invited to make a recommendation that the charges be dismissed. And in the light of what we have said, we make that recommendation today. And that’s all we want to say about this matter.
*** BEGGS
But can we just, through your good offices, point out that a number of media outlets seems to be labouring under the misapprehension that the firearms operation on 3rd March 2012 was not commanded by ACC Steve Heywood. As you know, and I’m grateful that you’re nodding. It wasn’t just as a matter of good reporting and accurate reporting. Could I ask you to make clear that he did not command the operation which led to the shooting of Mr Grainger, lest anyone makes a mistake on that point.
**** NAHIED ASJAD
Absolutely, the facts in this case, need to be understood. Mr Heywood only faced Gross Misconduct allegations as a result of answers that he gave at the public inquiry in 2017, and it was a result of a log that he kept the day before. This incident took place when he had command, but he then rescinded the order, the actual order was made by a different officer. So, the shooting of Mr Grainger, tragically, did not occur, whilst under the command of Mr Heywood and it’s very important that that distinction is made, I agree.
***BEGGS
Thank you very much for that, because the press are more likely to listen to us and to me. Okay. Thank you.
*** BOYLE
No matter of justice, but to thank you and your colleagues for your consideration of the issues in this particular case. Your comments, I’m sure, will resonate with those who are instructing me. Thank you.
*** NAHIED ASJAD
Thank you. Can I thank both yourself and Mr Beggs QC for your very thorough consideration and presentation of the case. And thank you to everyone who has helped with this Microsoft Teams hearing, and its administration. Mr Heywood, that is the end of the case against you. I hope we can move on from this. Miss Gail Hadfield Grainger, thank you for the way in which you’ve conducted yourself during these proceedings, you’ve conducted yourself impeccably and with the greatest of patience and we are grateful for that. That is the end of the hearing. So I’m now going to be formally closing proceedings Thank you everyone.
CLOSE SESSION

The Panel Chair, Nahied Asjad is an experienced Crown Advocate and has worked for the CPS since qualifying as a Solicitor in 2002 and transferred to the Bar in 2007. She has prosecuted in all courts, including the Magistrates Court and the Youth Court and currently works as a Crown Court advocate, dealing with serious offences. Nahied is a trained Pre-Trial Witness Interviewer and Proceeds of Crime Specialist and was the lead lawyer in the largest money laundering case in Leicester, leading to a £5 million confiscation order. Nahied reviews offences at the police station and decides upon charge and prepares cases in the office and makes decisions as to whether or not to prosecute.
The response of the force and an unreserved apology

Greater Manchester Police’s Deputy Chief Constable Ian Pilling, about whom plenty is said elsewhere on this website, said the force made the decision not to pursue the proceedings further and invited the Panel to dismiss the gross misconduct charges against Mr Heywood following submissions made at the hearing:

“This misconduct case involved consideration of some complex issues relating to certain information and intelligence which, for legal reasons, could not be provided to Mr Heywood and could not be made public or indeed even shared with the panel dealing with the misconduct hearing.
“Evidence relating to those things was heard in private at the Anthony Grainger Public Inquiry and as such was redacted from the public records of that Inquiry.

“The law concerning what can be disclosed in a public inquiry is different from that in misconduct proceedings.”

Pilling, who holds the Command Team professional standards portfolio in GMP, said the force accepted some of these matters “could not be overcome” and it would be “unfair to pursue the case against the retired officer” following submissions made to the Panel on Monday.

“These are complex issues and the available options were often constrained by the law.

“Decisions have been made based on professional advice and in the best interests of reaching the most appropriate outcome. However, in this case this hasn’t been possible, which I very much regret.

In answer to the stinging criticism made by the Panel Chair, Pilling said: “In her comments, the Chair has been clear that the Panel are of the view that GMP did not deal with some key elements of this matter in an appropriate way.

“Whilst we need to examine the comments more fully, we absolutely accept that mistakes have been made and this matter should have been handled much more effectively.

“We apologise unreservedly for the errors which were made, in particular to the family and partner of Anthony Grainger and to all other involved parties.”

On behalf of the Grainger family, friends and campaigners Gail Hadfield Grainger said:

“This misconduct hearing follows on from a public inquiry, where the police were to blame for killing a man, due to inaccurate intelligence,  about which Mr Heywood later went on to mislead the Inquiry.  Questioned on the validity of entries he made in a contemporaneous log he admitted that some had been forged using different coloured pens and backdated.

“These matters need to be taken seriously. Given the stark criticisms made in Judge Teagues report, and now the manner in which GMP have delayed this misconduct hearing, and in my opinion, purposely, to ensure it does not go ahead, this is not in the name of justice, but to save the Chief Constable  and the force further embarrassment”.

“This misconduct process was set up to fail and the reasons behind its collapse need to be taken up at the highest level and those responsible brought to book. It makes a mockery of Teague’s report, of the justice system, to this Panel, and, most of all, it makes a mockery of the public”.

Holding to account

The person responsible for holding the chief constable to account, Greater Manchester Mayor, Andy Burnham, did not respond to a request for comment.

Postscript

On Friday 21st August a very short remote hearing took place under Regulation 34 of the Police Conduct Regulations 2012, applicable in this particular case. The chair, DCC Pilling, who is also Appropriate Authority and responsible almost entirely for the Heywood debacle, determined that no disciplinary sanction would be applied to the former assistant chief constable in the light of the Panel’s decision at the June hearing. 

Steve Heywood did not attend the proceedings and neither did his legal team. Gerard Boyle QC, counsel to GMP, was in attendance but had nothing to add to Pilling’s decision.

 

Page last updated: Friday 21st August, 2020 at 1345 hours

Photo Credits:

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

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© 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.

‘A regrettable lack of professionalism’

In an article published recently on this website, ‘That dubious constabulary merits careful investigation‘ (read in full here) a section referred to a number of catasrophic investigative failings, by North Yorkshire Police, following the murder of Diana Garbutt at Melsonby post office in March 2010.

Her husband, Robin Garbutt, was convicted in Teesside Crown Court just over a year later. He was sentenced to life imprisonment and is currently held in a high security jail near Durham, HMP Frankland.

The case has, over the years, attracted a large amount of publicity, most recently as a result of a third application to the Criminal Case Review Commission. He continues to protest his innocence.

This is an amplification of the catalogue of blunders from the previous article (the numbering of the paragraphs is the same):

(i) Police claimed a soiled, bloodstained pair of boxer shorts found in an outside rubbish bin belonged to Robin Garbutt. They belonged to a neighbour. This ‘evidence’ enabled the police to persuade Northallerton Magistrates’ Court to refuse bail at the committal hearing and have Garbutt held on remand at Holme Hall prison. Garbutt had protested vehemently they were not his. A matter that could have quickly, and easily, been checked, by the police, if they had checked the size, they were too big. Had they needed to, of course. It also later transpired that the shorts had been found in the neighbours’ bin, not in the one used by the Garbutts. This does not go to the guilt, or innocence, of Garbutt, but revealed a troubling, prejudiced police mindset against him that threads through the investigation all the way to trial.

(ii) An iron bar – said to be the murder weapon – has caused consternation over the years, both regarding the circumstances of its alleged discovery, two days after the murder, and the results of DNA tests taken from it four months after its discovery – and only at the insistence of the Crown’s barrister prior to the pre-trial review in September, 2010. Until that hearing, the defence were completely unaware of the murder weapon. The fact that a police officer’s DNA showed up on the bar was also, at first, concealed from Robin Garbutt’s lawyers. The officer involved in the discovery of the iron bar on 25th March, 2010 did not make a witness statement until 12th October, 2010.

The bar has Diana’s DNA on one end, the DNA of the police officer at the other end and the DNA of one other unknown male is also present. There is no DNA of Robin Garbutt on the bar, a point upon which the Garbutt campaigners, quite rightly, place great emphasis. When it was first forensically examined, the officer’s DNA was also classed as an unknown male DNA. The Police Forensic Scientist, Sarah Gray, clearly states that the DNA on the bar is in keeping with the carrier not wearing gloves. Once it was established that DNA on the bar was linked to a North Yorkshire Police officer, the forensic expert made a supplemental statement to say the DNA could have been transferred onto the bar through cross-contamination. This sequence of events is concerning on any level. But there is more.

The police officer whose DNA is present on the rusty iron bar, PC Darren Thompson, says he cannot remember which of his colleagues he was paired with during the search, but he can remember the colleague who first found the bar and called him over to it. The officer can also remember which of his other colleagues was talking to garage owner, Bill Nixon, as he was also part of that conversation. He assumes there would probably have been another colleague present whilst searching, as they always search in pairs, but he cannot recall who that was. This begs the obvious question of why pocket note books, or duty rosters, or the policy book was not checked. Mr Nixon told the court at the murder trial that he had never seen the bar before on his premises. He also asserted that members of the press used that section of the wall as a vantage point for taking photos of the scene outside the post office.

On Friday 26th March, 2010, a local newspaper reported that underwater search teams had been focusing on a beck and gullies for evidence of a discarded weapon and bin collections had been suspended in the village. Other searches had been taking place in the area and motorists were being stopped and questioned by officers. Some of this activity appears to have taken place after the alleged discovery of the iron bar the previous day.

(iii)  Much has been written already about the strands of hair recorded on camera by a Crime Scene Investigator, on the morning of the murder. They were on a pillow, next to a bloodied hand print. They never made it to the forensic science labs after being captured on scenes of crime photographs. A DNA expert, under cross-examination at the subsequent murder trial, said it could have given DNA evidence [if the follicles were present] to prove that there was someone else in the bedroom, and that Robin was telling the truth. This clump of hair was allegedly lost by North Yorkshire Police. It is clear from the photographs that the clump is not the colour of Diana’s or Robin’s hair.

This is not new evidence and will not assist the Garbutt campaigners in the third application to the CCRC. Indeed, I would go further and say that it is very unlikely to have been pulled, by a drowsy female in her night attire, from the head of a man wearing a balaclava, holding an iron bar as a weapon in a surprise attack. With an accomplice, according to Robin Garbutt’s account, equipped with a handgun.

There is also the possibility that it was not even human hair. Or planted there to cast suspicion away from the killer. We will never know.

The claimed loss of this potentially case changing exhibit, by the police, is seriously troubling, altough to one with an in-depth knowledge of this particular force, not entirely surprising. Anyone with basic knowledge of preservation of a crime scene, handling of evidence and continuity, will know that evidence does not disappear without trace, or satisfactory explanation. It needs a willing hand to do so. At the end of the trial NYP should have referred its disposal to the police watchdog, and another force appointed to criminally investigate what has the appearance of an attempt to pervert the course of justice. Perhaps, a more robust approach from Mr Justice Openshaw (as he was then) would have ensured that happened?

(iv) DNA tests taken from the pillow are now the subject of further challenge by the Garbutt campaign team over potential cross-contamination with biometric samples taken from the murder weapon. They say that the policeman’s DNA found on the bar may also have transferred onto the pillow near the bloodied head of Diana Garbutt. Rust samples were found in her matted hair.

(v) Two bedside lamps were removed by the police from their position within the crime scene, and placed in a cupboard. There were signs of blood spots on at least one of them. At trial it was heard that there was no disturbance at all in the bedroom where Diana died, she was struck as she lay sleeping. Campaigners now say, reported by The Justice Gap, that they were picked up from the floor. This is, curiously, at odds with what is reported on the Robin Garbutt Official website.

Screenshot 2020-04-13 at 11.51.48

(vi) A bedside mirror and carpet beside the bed were also not tested for blood spatter say the campaigners. There was no blood spatter on any of Robin Garbutt’s clothing.

(vii) The defence team assert that the fish and chip wrappers, containing the remnants of the couple’s supper on the evening before the murder, were the wrong ones. Police recovered some wrappings from an external bin. The actual wrappers were still in a waste bin inside the house. This casts doubt on the analysis of the food decomposition in Diana’s stomach by the police’s chosen expert.

(viii) Questions for Melsonby villagers, interviewed during post-incident house to house enquiries, included confirmation of their hair and eye colour, whether they wore body piercings, or a watch. Householders were also asked ‘intrusive’ questions about neighbours. It did not emerge at trial why these questions were asked but were likely to have been for entry onto the HOLMES major enquiry database. Another line of enquiry was that there was a ‘swingers club’ in the village.

(ix) Detectives issued an appeal regarding owners of white vans, and a number were interviewed and eliminated. But a similar appeal was not made about a metallic or electric blue car seen driving erratically around the village on the morning of the murder. Or a vehicle seen parked near the entrance to Low Grange Quarry, about a mile from the post office along West Road.

(x) According to CCTV evidence, a vehicle following Robin Garbutt was picked up eight times on the journey to Stockton-on-Tees and back, via Darlington, on the night before the murder. The campaign team say that the driver was not traced and the vehicle was sold four days after the murder.

(xi) Police and prosecutors claim that no struggle between Diana and the killer took place before the murder. That is disputed by the Garbutt campaigners whom, variously claim, pictures were knocked over and two bedside lamps were also knocked over.

(xii) A heavy knit balaclava and a ball-bearing handgun (these replicas are usually indinguishable from the live round-firing versions) were found by Cleveland Police in Thornaby, 19 miles from Melsonby, on 24th March, 2010. The campaigners say there was no attempt to link them forensically to the Garbutt murder and armed robbery.

(xiii) At first, the police accepted the time of death of Diana Garbutt was 6am at the earliest. This stance was changed at trial, which started a year later, based on expert evidence from a forensic archeologist, Dr Jennifer Miller. She calculated a time of death between 2.30am and 4.30am based on rate of consumption of a fish and chip dinner eaten by the couple on the previous evening.

(xiv) Neighbour Pauline Dye was allowed to wash her bloodstained hands in the Garbutts’ bathroom sink after handling the body of Mrs Garbutt. This, yet again, demonstrates a baffling lack of understanding of the the importance of crime scene management or even basic policing procedure.

At the murder trial, Mr Justice Openshaw said during his summing-up that the police’s management of the crime scene showed ‘a regrettable lack of professionalism‘. He was being generous, on any independent view. There is no evidence that he wrote to the chief constable either during or after the trial to request an enquiry into these failings. If he didn’t, then he failed in his public duty to maintain confidence in the criminal justice system.

Efforts to establish whether a review into the actions of Senior Investigating Officer, Detective Supertindent Lewis Raw, and the rest of the Operation Nardoo team, was ever carried out has, so far, produced no meaningful response from North Yorkshire Police (read here).

From a personal standpoint, I can say with some certainty that policing chaos appears to run in the family. His brother, Allan Raw, was an inspector in the infamous Professional Standards Department in West Yorkshire Police in 2010 (the year his brother played a leading role in the bungled Garbutt murder investigation) when I had extensive dealings with him over what one might consider a simple, straightforward issue: If three police officers each give a different account of the same event, how many are telling the truth? His answer of ‘all of them’ was unsustainable on any independent view.

As discussed in the fourth article in this series (read in full here), this dreadful catalogue of police failures warrants further investigation in order to maintain public confidence in the police and the criminal justice system.

Readers may be assisted by referring to an at-a-glance timeline of the key events before and after this troubling crime. Read here.

Page last updated: Monday 13th April, 2020 at 1600 hours

Photo Credits: ITV News, PA, Daily Mail.

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 2015-2020. 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.

Fourth time lucky?

This is the fourth in a series of six articles that comprise the deepest dive yet into the murder of Diana Garbutt, by her husband Robin, in March 2010. She was bludgeoned to death in the living quarters above Melsonby Village Store and Post Office as she lay sleeping in bed.

The first article, headlined ‘Don’t do anything stupid, we’ve got your wife‘ can be accessed here.

The second, ‘That particularly dubious constabulary merits careful investigationhere.

The third, which is an amplication of the list of investigative failings which forms a part of the second article, ‘A regrettable lack of professionalism’, here.

The fifth looks at the appalling conduct of the campaigners behind this innocence claim, here.

The sixth is an in-depth analysis of an interview by Dr Sandra Lean of the lead campaigner, Jane Metcalfe, here.

From his cell in HMP Frankland, 54 year old Robin Garbutt continues to vehemently deny the crime of which he was convicted at Teesside Crown Court in April, 2011. A stance he has never varied since the day he was arrested, three weeks after his wife was so tragically and brutally killed.

His protestations have spawned a well-publicised miscarriage of justice campaign, led by Garbutt’s close friend, the aforementioned Jane Metcalfe, and his sister and brother-in-law, Sallie Wood and Mark Stilborn.

Robin Garbutt campaigners - ITV package
Jane Metcalfe (left) discussing the case with fellow campaigners during a televised interview with ITV reporter, Jon Hill.

The catalyst for recent widespread coverage of the case is a third application to the miscarriage of justice watchdog, the Criminal Case Review Commission (CCRC). The first was submitted in 2015, the second believed to be in 2018. These applications followed an unsuccessful appeal to the Criminal Division of the Court of Appeal in May 2012. Three senior judges, led by Lord Justice Hughes, ruled that the conviction was ‘safe’.

Details of the previous Garbutt applications, and the CCRC’s Statement of Reasons for rejection, are scarce. On the campaign website there is a brief mention of the 2015 application being made, but nothing thereafter. Curiously, there isn’t a single mention of the specific grounds upon which those two prior applications were made, or why they were dismissed, in any of the multitude of press and television reports. The suspicion is, absent of explanation from the campaigners, that the grounds were not strong enough for the CCRC to even launch an investigation.

That surprising omission is a case in point in an ‘exclusive’ given to The Metro newspaper on 6th March, 2020. But, it appears, from reading Sam Corbishley‘s piece, that the grounds for the latest Garbutt application are as follows:

(i) DNA evidence: When the murder weapon, a 58cm rusty iron bar, was first swabbed, it was found to contain a full DNA profile belonging to an unknown male, and another which later matched one of the police officers present when it was discovered, PC Darren Thompson. The campaigners now suggest, following further testing, that the same constable’s sample could potentially be among a mixed profile, of at least three unknown males, recovered from a rust mark on a pillowcase in the bedroom where she was killed – despite the officer not being on duty when the scene was examined – suggesting key evidence may have been contaminated.

~ This part of the application may meet the test for ‘fresh evidence’, not before the jury at the murder trial, if the techniques for DNA profiling have changed since. Otherwise, the CCRC will, quite legitimately, ask why the testing was not carried out pre-trial and the issue of alleged cross-contamination raised there by the defence team. They will, one presumes, also look at what evidence was presented to the jury regarding the murder weapon, the competing arguments during closing speeches and how they were directed on the law on that specific item and, most crucially, whether the campaigners’ fresh information would have impacted on the jury’s route to verdict. The answers to those questions appear to be (a) The weapon has been tested post-facto by a different scientist with results that do not go much further than speculation. (b) The jury was aware that there was no Garbutt DNA on the weapon and there was DNA of the police officer, and at least one other unidentified male identified on it. The defence argued strongly that this was a crucial strand supporting Garbutt’s claimed innocence. (c) The jury was also aware of rust specks on the pillow and cross-contamination onto Garbutt’s clothing. The judge directed them to disregard that piece of scientific evidence. (d) The jury’s finding was that the armed robbery alleged by Garbutt didn’t take place. Largely, as a result, one might fairly infer, of hearing Garbutt’s testimony in the witness box. Which led, immediately afterwards, to the judge revoking his bail mid-trial. This new DNA evidence, if that is how the CCRC classify it, would make no difference at all to the verdict. Particularly, in the light of the DNA on the murder weapon not matching any biometric data on the Police National Computer (PNC). It would be highly unlikely that perpetrators of such a brutal, random, murder and armed robbery would make the quantum transition from ‘clean skins’ to serious, highly dangerous criminals in a single leap. It would also be at least as remarkable that they would have returned to a law-abiding life, having escaped detection from the killing of Diana Garbutt and a successful £16,000 raid on a rural post office.

Conclusion: It is doubtful that this ground would persuade the CCRC that the ‘reasonable prospect of success’ test is met and a referral of the case back to the Court of Appeal would be appropriate. It does, however, raise further grave concerns about the conduct of the police investigation [see also ground (iv) below].

(ii) Time of death: The food digestion scientist who gave expert evidence at trial, Dr Jennifer Miller, has since, the campaigners say, been contradicted by a Home Office pathologist. Jurors heard her proposition that Diana may have died between 2.30am and 4.30am. Well before the Post Office central locking system de-acivated the alarm and allowed the safe to be woken up, at 8.30am. Dr Miller’s report may have further persuaded the jury that Garbutt’s claims of a robbery gone wrong was false, but given that it concerned, bizarrely, the rate of consumption of a fish and chip supper there can be no certainty about that. Especially in the light of the other more conventional scientific evidence put before the jury. The expert now instructed by Garbutt’s legal team, Dr David Rouse, has concluded the time of death may have been much later than 4.30am – possibly even after 6.45am.

~ The matter of the timing of Diana’s death was well ventilated at trial. The key evidence was from the pathologist who examined Diana’s body at the scene, Dr Stuart Hamilton. He was a prosecution witness and gave testimony to the effect that death occured at least one hour before Diana’s body was discovered, and possibly, in the early hours of the morning. Cross-examined by defence counsel, he said that it was “reasonably possible” for death to have occured later. It also emerged that a second pathology report had been commissioned by the Garbutt defence team – and its conclusions were, more or less, the same. A short time after retiring, the jury asked to see the statement of a witness, Brian Hird, who said he heard Diana speaking through a closed door at 6.45am, even though he didn’t know her. As a matter of law, the request was refused, but the jury was plainly alert to the significance, or otherwise, of that evidence and, more widely, the other expert assessments concerning time of death. The new opinion does not appear to alter the position at all.

Conclusion: For all those reasons set out above, it is more likely than not that the CCRC will reject this ground.

(iii) Horizon Software scandal:

Defects in the Post Office’s Fujitsu-driven IT system culminated in them recently settling a high profile High Court case. A consolidated claim, brought by over 500 former postmasters and, unoriginally, known as The Post Office Group Litigation, was heard before Mr Justice Fraser and, ultimately, after a bitter fight, resulted in an award of £58 million in damages (read full judgment here). Although Robin Garbutt is not one of the 56 postmasters who applied to the CCRC, regarding criminal prosecutions brought against them, following thefts alleged by the Post Office, it is said that his campaigners hope the added weight of the scandal will help force the criminal justice watchdog into action. 39 cases have already been referred by the watchdog to the Court of Appeal.

~ The attempt to piggyback the scandal by the Garbutt campaigners has been successful to a degree: Their latest application to the CCRC has attracted more press and television coverage than it might otherwise have done. The downside to the strategy is that the resort to leveraging public support in this way simply invites closer attention to how weakly grounded the rest of the application really is. On the The Justice Gap website, they report that the campaigners now assert that similarities in the Horizon failings existed in the Melsonby post office accounts at the material time. That is to say, in simple terms, the software showing more cash deposited in the safe than was actually held there, and the assumption by the Post Office, in all cases, that the difference was pocketed by postmasters. The difficulty for the campaigners, within the terms of this application, is that Robin Garbutt asserted that the sum in the safe – and allegedly stolen by the armed robber – tallied with the accounts. There was no apparent discrepancy. If there was no armed robbery and an empty safe, then the only explanation left is that Robin helped himself to the cash. The CCRC will also be alert to fact that he admitted false accounting during the course of his evidence (“not all the business [receipts] went through the till” he said under cross-examination).

Conclusion: Based on what is set out in the Court of Appeal judgment, regarding the impact on the jury of the Post Office evidence at the murder trial, and the applicable law regarding the proving of motive, this ground appears to be misconceived.

(iv) Television footage of West Road, Melsonby on 24th March, 2010:

This, apparently, shows the wall outside Nixon’s Garage (see blue map pin) where the murder weapon was found the following day. The iron bar is not there. A fact, it is said, confirmed by at least one journalist who sat on the same wall, as a vantage point, on that day. Bill Nixon says he had never seen the bar before on his premises, and that members of the press were stood on that section of wall taking photos. On some television footage, there appears to be a mobile police cabin (from which a forensic science officer emerges) positioned as close as six to eight feet from where the bar was found. It was more or less opposite the rear entrance to the Village Store and Post Office premises.

Screenshot 2020-04-07 at 20.08.22

~ This, again, may meet the fresh evidence test. But the CCRC may adopt a counter argument and say: Why didn’t the defence team challenge more rigorously the peculiar circumstances in which the rusty iron bar was discovered? By, for example, obtaining police and press photographs, and TV film, between the pre-trial review on 28th September, 2010, when the existence of the weapon was first disclosed to them, and the start of the trial in March, 2011? The question is also likely to be asked by the watchdog as to why the journalist(s), or indeed the film crew, didn’t come forward with this vital information in the period between the time the discovery of the iron bar became public knowledge and the early part of 2020? A gap of over 9 years.

Nevertheless, the CCRC will have to anxiously consider these two competing arguments within their overall assessment of the application: (a) Campaigners rightly point to the flawed prosecution hypothesis regarding the murder weapon, in that Robin Garbutt had placed the iron bar on top of the wall after bludgeoning Diana, together with an oblique suggestion that he had scraped his knuckles, that morning, scaling the eight foot high wall. Those factors advance both the arguments that the case against him wasn’t entirely well grounded – and that he suffered further prejudice. (b) On the other hand, conversely and perversely, the absence of the iron bar, for two days after the murder, further undermines the claim, by Garbutt, that the murder was committed by an armed robber. It would be far-fetched in the extreme to expect a criminal of that class to, firstly, hold on to a weapon, with the victim’s DNA upon it (and possibly his own), then, secondly, stealthily return it to a position around 20 metres from the scene of the murder, two days later. Even without the latest evidence, the jury found that Garbutt had lied about the armed robbery and before that, the trial judge, Mr Justice Openshaw, was so concerned about his evidence in the witness box that he revoked his bail and had him remanded in custody for the remainder of the trial. There is, then, the matter of positioning this ‘new evidence’ in the matrix of (c) the overall police conduct of the investigation, which is covered in great detail in two earlier articles on this website: Is police impropriety a factor in the belated discovery of the iron bar so close to the murder scene? No doubt the North Yorkshire force will have plenty to say to the CCRC on that topic, with the considerable benefit of their submissions being made well away from public scrutiny.

Conclusion: This ground is the one that should trouble the independent reviewer the most, and is the only one that may go close to persuading the CCRC that the appropriate test is met. But, irrespective of the watchdog’s ultimate decision, as with ground (i) the latest mystery around the ‘discovery’ of the iron bar raises further serious concerns about the police investigation.

Will the CCRC refer the case back to the Court of Appeal

The key points the CCRC consider, in determining an application, are whether there is a ‘real possibility’ the appeal court would overturn a conviction, sentence or
finding and whether this real possibility is due to evidence or argument (or in
the case of sentences, evidence or information) which was not put forward in
the trial or appeal. This is generally referred to as the need for ‘new [or fresh] evidence’.

‘Real possibility’ was assessed by the High Court in the case of R v CCRC ex
parte Pearson [2000] 1 Cr.App.R. 141 as being “more than an outside chance
or a bare possibility but which may be less than a probability or likelihood or a
racing certainty. The Commission must judge that there is at least a
reasonable prospect of a conviction, if referred, not being upheld.”

The CCRC cannot perform a ‘re-run’ of a trial just because the evidence of the defence was not accepted by the jury and the evidence of the prosecution was. They have to be able to present to the appeal court a new piece of evidence or new legal argument, not identified at the time of the trial, that might have changed the whole outcome of the trial if the jury had been given a chance to consider it.

As set out in the previous Robin Garbutt articles on this website, the jury had two main points to resolve, the approximate time of the murderous attack and did the armed robbery actually take place? The Court of Appeal, in 2012, was asked to rule on new evidence brought before them. This was Post Office Ltd records dating back to 2004. At trial, only the records dating back to 2009 were made available to the defence. There was also new evidence, of marginal significance, in regard to variable limits for cash requests, made by postmasters to HQ, which would trigger an enquiry or request for justification. The appeal court ruled that the conviction was not unsafe, as the Garbutt legal team argued. Lord Justice Hughes underscored the jury decision, with comprehensive reasons set out in six lucid paragraphs (26 to 30 in the judgment), that the robbery did not take place, and was one in which they would be very slow to interfere. Those reasons included three generous assumptions in Garbutt’s favour.

Taken individually, or together, the grounds in the latest re-application do not appear, from what is in the public domain, to be compelling enough to meet the real possibility test of overturning that finding by both the jury and three law lords. It is also clear from the action taken mid-trial that Mr Justice Openshaw did not believe Garbutt was telling the truth, either.

The overall conclusion, therefore, is that Robin Garbutt and the campaign team face further disappointment. One that is completely at odds with the bullish statement of solicitor, and honorary QC, Glyn Maddocks: ‘The way in which the forensic work has been handled and dealt with is disgraceful. It’s absolutely disgraceful and no-one could possibly argue otherwise’. He adds, ‘It’s just such a shocking case. If it was you, or your relative, you’d be absolutely horrified.’ With the key planks of the original prosecution case having seemingly disintegrated, Mr Maddocks says he is not even sure the Court of Appeal would pursue a retrial if the case is referred back to them.

One thing is abundantly clear; either lawyer, Glyn Maddocks, or journalist, Neil Wilby, will have egg on their face when the CCRC make their decision. The reader can take their pick. But, either way, the public deserve to know, and understand fully, what went wrong with this investigation and why.

Oversight of North Yorkshire Police and the Robin Garbutt investigation

Two of the principal reasons that North Yorkshire Police staggers from crisis to crisis, and from one bungled major investigation to another is a complete lack of oversight from those either elected to provide it, or paid from public funds to do the job.

North Yorkshire’s Julia Mulligan is amongst the four worst police and crime commissioners in the country (two of her friends and policing area neighbours, Barry Coppinger and Mark-Burns-Williamson, also feature in the list) providing almost ZERO oversight. Since she was elected in 2012, in almost every serious situation requiring the holding of the chief constable to account, she has failed miserably. It is a startling dereliction of her statutory duty and one of the reasons that grandees in the Conservative Party decided to unceremoniously dump her as their candidate for the next election.

The top brass in NYP just do as they like, knowing that she has neither the basic knowledge of policing (she was a car salesperson and a media strategist before entering full-time politics) or, more crucially, the will to take strong action.

The so-called police watchdog, the Independent Office for Police Conduct (IOPC), is already widely regarded as even worse than its failed and disgraced predecessor, the Independent Police Complaints Commission (IPCC). There has always appeared to be a special relationship between the regional office of the IOPC/IPCC at Wakefield and North Yorkshire Police, whereby even the worst cases of misconduct, or even criminality, are whitewashed away.

Completely divorced from the latest CCRC application, and in order to maintain public confidence in the police, this murder investigation, codenamed Operation Nardoo, really ought to be referred, urgently, to the IOPC by the police commissioner, who should in turn request Her Majesty’s Inspector of Constabulary to recommend an external metropolitan police force, such as Northumbria or West Yorkshire, to thoroughly review the case from start to finish – and re-open it at any time if that is where the evidence takes them.

Screenshot 2020-04-08 at 11.38.36
Interior view of HMP Frankland

When will Robin Garbutt be released from prison

In April 2011, he was sentenced to life imprisonment with a recommendation that he serve not less than 20 years. He will receive credit for the time he spent on remand at HMP Holme Hall between the committal hearing at Northallerton Magistrates Court and the pre-trial review at Teesside Crown Court. There will also be a credit allowed for the time he spent on remand, during the latter stages of the murder trial, after the judge dramatically revoked his bail.

Garbutt would be eligible for parole, therefore, near the end of 2030, under normal circumstances, and provided he had undertaken the necessary rehabilitation programme. The difficulty he faces is that, if he continues to protest his innocence, the parole option falls away and he faces the rest of his life in jail. He would also be denied the opportunity for his detention to be re-classified from the high security Frankland jail to a less rigid regime and, ultimately, an open prison in preparation for a phased release back into society. That prison holds some of the most dangerous offenders in the country.

After a failed criminal court appeal, and three subsequent applications to the CCRC, it is difficult to see how the campaign can sustain if the latest incarnation is also refused. As seems more than likely for all the reasons rehearsed in this article.

Timeline

An at-a-glance timeline of events leading up to the murder and all that happened since can be viewed here.

Footnote

The Robin Garbutt Justice Campaign has been exposed, in the course of this investigation, as more white noise than substance. Jane Metcalfe, in particular, whose true attachment to Robin Garbutt she has yet to reveal, is very active on social media and her output is almost entirely confined, in terms, to ‘There is nothing left of the prosecution case’ (without, it seems, understanding what, precisely, it was); ‘Robin is such a nice man he couldn’t possibly have killed Di’ (every single person at trial spoke well of him so there is some substance to that) and, absurdly, ‘Robin Garbutt has always told the truth‘. The latter is, as Sir Peter Openshaw DL (as he is now styled) and senior Crown Prosecutor, Xanthe Tait, observed from their privileged vantage points, a grotesque misrepresentation: He lied to the police; he lied on oath in court and his evidence before the court was, in other aspects, repeatedly unimpressive. Particularly, the belated embellishment in court of accounts he had had given to the police, previously, over many hours of interviews, regarding Diana calling out to him through a closed door and the description of the weapon.

Those characteristics chime with the campaigners‘ modus operandus of ignoring and/or denigrating anything, or anybody, that doesn’t conform to the Garbutt innocence narrative. Including the author of this piece and the CCRC. This behaviour concerns me, having never encountered anything like it before (read more here). The unpleasantness and ready resort to personal abuse by such as Michael Naughton, a private investigator who describes Robin Garbutt as his client, simply adds an even bigger question mark to their activities. If a group is campaigning against a miscarriage of justice then a foundation stone has to be an open book policy, nothing to hide. There is only one version of the truth.

On another troubling tack, Mark Stilborn publicly claims that the Garbutt case is the worst miscarriage of justice he has ever seen. Which begs the question of how many has he actually studied, with the appropriate rigour and objectivity, and how is he is qualified to judge, in any event? On this website there is a very widely read and shared piece concerning a genuine miscarriage of justice that appears to have passed Mark by; the utterly tragic case of Stefan Kiszko (read in full here). A case that, for many years, has been recognised as one of the worst in criminal justice history. On any independent view, Robin Garbutt’s case comes nowhere close. He is, largely, the author of his own misfortune.

The adverse impact on Diana’s family caused by this style of campaigning, headed of course by her mother, Agnes Gaylor, is incalculable. They thought they had closure at the trial; Agnes is is no doubt, whatsoever, about the verdict that marked her son-in-law as the perpetrator of the murder of her daughter. She said recently that she attended every day at the trial and tried to put herself in the place of a juror with an open, independent mind considering only the evidence she had heard in court. The conclusion was inescapable.

This series of articles, of over 40,000 words, are the fruits of an open-minded, independent investigation. They have been almost entirely grounded in the summing up of the trial, running to 106 pages; the Court of Appeal judgment; and piecing together what key witnesses said, verbatim, from contemporaneous newspapers reports during the trial. The entry point was my unique knowledge of the shortcomings of the police force that investigated this shocking crime. The miscarriage of justice campaign seemed credible enough in the beginning, but that confidence soon ebbed away as straight answers to straight questions were repeatedly ducked.

After spending well over 400 hours on the case since January 2020, my conclusion is that Garbutt did not tell the truth about a number of key issues, the central one being the armed robbery. I cannot be quite so emphatic about whether he actually struck the fatal blows to his wife’s head. But if he didn’t, then he knows who did. Otherwise why invent the robbery story?

Finally, the justice campaigners, and those that blindly support them without being adjacent to the facts, would do well to better understand that Robin Garbutt is not the victim in this case. That mantle, very tragically, falls to Diana and her close family. Nobody twisted an arm to invent the story of the robbery, without which he would probably not have been convicted of the murder of his wife.

Page last updated: Thurssday 2nd July, 2020 at 0810 hours

Photo Credits: ITV News, THIIS.

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 2015-2020. 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.

 

 

‘That particularly dubious constabulary merits careful investigation’

No-one, over the past six years, has come close to writing more words challenging the conduct of North Yorkshire Police than the author of this piece. On this website alone there are 32 articles, on social media there are thousands of posts. I have taken them, and their disgraced Police and Crime Commissioner, both to county court and information rights tribunal and defeated them at each venue.

A highly attritional relationship

The relationship between investigative journalist and a police force that utterly resents any form of scrutiny is, at all times, highly attritional.  It is in no way an exaggeration to say that I played a not inconsiderable role in the professional demise of NYP’s previous chief constable, the hugely over-rated Dave Jones and the soon to depart, disgraced, and deeply unpleasant PCC, Julia Mulligan.

Screenshot 2020-04-04 at 12.50.00

The latter is benefiting from an ill-deserved reprieve, as a result of police and crime commissioner elections being deferred, by a full year, whilst the country deals with the Corona virus epidemic. She was de-selected as a candidate by her own political party last year and should, in all decency, have resigned there and then. ‘In post, but not in power’ as one of her political opponents succinctly puts it.

Time and again, the reputations of both were trashed as I uncovered, within this police force, and the police commissioner’s office, a trail of mind-boggling incompetence, discredited major criminal investigations, dishonesty, leadership failings, cronyism, profligacy, and persistent, mendacious law breaking – and an unsavoury tendency to use precious police resources and public funds to smear, bully, vex, annoy and harass critics.

The propensity to cover up, rather than address and rectify, the force’s many failings is constant and, at times, seriously shocking. Another very senior NYP officer, Tim Madgwick, was in the vanguard of a significant number of the force’s catastrophes and, most regrettably, it took Jones far too long to work this out. His deputy left the force after 30 years service without any of the fanfare one might usually expect – and no valediction from his boss, or any other senior colleague. For his last three months at NYP, Madgwick had been removed from operational duties and given a project to occupy his time.

When Madgwick was, quite amazingly, awarded the Queen’s Police Medal (QPM) in 2016, at the height of the scandals and exposés, Jones made one of the most ludicrous assertions in recent policing history: ‘Tim has led teams through some of the most serious incidents North Yorkshire Police has dealt with, in recent years, in an exemplary way‘ (read more here).

In 2012, when Mrs Mulligan was elected as the county’s first ever PCC, Madgwick was acting as chief constable after the departure of the discredited Grahame Maxwell, whose best known line during his tenure as top man in NYP was: “I’m a chief constable, I can do what I want“. This was during an Independent Police Complaints Commission investigation in which he was ultimately found guilty of gross misconduct.

PCC Mulligan, understandably, decided that she wanted a new chief, not steeped in the rotten culture that pervaded within NYP, and, in April 2013, appointed an assistant chief constable from the Police Service of Northern Ireland, whom she described as ‘a tough man for a tough job’. Jones had served with Greater Manchester Police for the first 22 years of his career. Whose record in producing sub-optimal chief constables in other police forces should have sounded loud alarm bells in the ears of the PCC.

Madgwick, having tasted life at the top table, was pushed back down the ranks. Given the opportunity to fight his corner in a court witness box, under cross-examination from me, he chickened out. Aided by a supine tribunal judge who refused my application to serve a witness summons, on the single ground that he had retired from NYP earlier that year, nearly two years after the information rights case in which Madgwick was absolutely central (as Gold Commander) had been launched. It is fair to say he would have faced a struggle extricating himself from the web of deceit that had been woven around the case by the force and two of its lawyers.

Screenshot 2020-04-04 at 12.53.15

Dave Jones was awarded the QPM himself, exactly a year later, but was under a constant barrage of well aimed, and highly justified, criticism from this quarter and, ultimately, the pressure told. At the end of March, 2018 he broke his contract with more than two years to run, did a ‘moonlight flit’ and has never been sighted publicly, since. He claimed that his ‘retirement’ was ‘to spend more time with his family’. The ‘tough man’ had gone soft. Julia Mulligan was spurned, in the end, by the man she both idolised and resolutely defended through some mind-boggling scandals.

Amid this turbulence, it might not be so surprising, therefore, that a well-publicised miscarriage of justice campaign, with NYP at its heart, slipped the net.  

In October, 2019 I attended, as an observer, a conference in Liverpool, organised by United Against Injustice. I have known the leading lights in UAI for some years, but this was my first conference visit to their annual gathering. The fact that three representatives from the Criminal Case Review Commission were due to give a presentation, and be available to answer questions afterwards, was at least one compelling reason to justify the journey.

The Melsonby post office murder

One of the cases on the conference agenda was the murder of Diana Garbutt, by her husband, Robin Joseph Garbutt, at the village store and post office they ran in Melsonby, North Yorkshire. He was found guilty after a four week trial at Teesside Crown Court in April, 2011 and sentenced to life imprisonment. The miscarriage of justice campaign was launched soon after. 

Fully committed elsewhere, it was not possible to engage with the Garbutt case at that time. But the publicly accessible documents, which always form the starting point in any investigation I undertake, have since been obtained: The summing up and sentencing remarks at trial; and the Court of Appeal judgment. They provide a shortcut to the best arguments of both sides; the police and Crown Prosecution Service on the one hand and the defendant (appellant) and his legal team on the other. 

It also gives an experienced reviewer a firm handle on how high the bar is set in order to overturn a conviction. Most crucially, if the necessary ‘new evidence’, as strictly defined in section 23 (2) of the Criminal Appeal Act, 1995 [read here], is likely to be available. To an extent that it would persuade the law lords that the conviction is ‘unsafe’, and quash it, under powers vested by way of section 2(1)(a) of the same Act.

Following the trial in 2011, the murder conviction was challenged by Robin Garbutt at the Court of Appeal, in May 2012. The appeal was dismissed. Even though new evidence, that the judges agreed had not been available to the defence team at the trial, was before the appellate court. This was in the form of Post Office HQ records between 2004 and 2009. The three law lords ruled that, whilst conceding that Garbutt may have suffered some prejudice at trial, in the event, the irregularities in the drawing of cash from HQ, asserted by a Post Office fraud investigator who gave evidence, could not, on its own, prove theft. It only became important to the police, and later the prosecutors, once it was known that the safe was empty and Garbutt’s explanation was the armed robbery.

The core of the defence submission was that the alleged theft was advanced by the Crown, at trial, as the motive for murder – and that the jury took that route to their guilty verdict. 

The three senior judges, presided over by Lord Justice Hughes, were satisfied that the jury had rejected the possibility of the robbery having taken place at all, independently of the financial evidence. For that reason they say the conviction is safe. That sets the bar very high in terms of any future appeal that may reach the same court: The task facing Garbutt and his lawyers is now, effectively, to persuade a reviewing body, to the criminal standard, that the alleged armed post office robbery did take place, in order to disturb the Court of Appeal stance. That is one of the inherent iniquities of the modern criminal justice system in England and Wales. As is the perennial reluctance to go against jury findings in the lower court.

The original powers of the Criminal Court of Appeal, under the 1907 Act, gave it an unrestricted power to quash convictions: ‘….if they think that the verdict of the jury should be set aside on the ground that it is unreasonable or cannot be supported having regard to the evidence, or that the judgment of the court before whom the appellant was convicted should be set aside on the ground of a wrong decision of any question of law, or that on any grounds there was a miscarriage of justice’ (section 4(1)).

The 1907 Act had no restrictions on the admission of new evidence. Those disappeared after the 1968 revision. A catastrophic sea change for those fighting against wrongful convictions.

The three Garbutt appeals to CCRC

In the Garbutt case, two subsequent rejections of appeals to the Criminal Case Review Commission (CCRC), a product of the 1995 reforms of the Act, did not appear to have received very much publicity at the time. It has not been possible to gain access to the submissions made by the Robin Garbutt team and the consequent decisions by the ‘watchdog’.

The CCRC Statement of Reasons are not published, as one might expect, on the Garbutt campaign website (see here). Indeed, the submission of the first appeal, in March 2015, is mentioned, but there is no reference at all to the second. Either the date of its submission or when the decision was subsequently communicated to Robin Garbutt’s legal team, headed by Martin Rackstraw at Bindmans. The CCRC press office has disclosed that the first appeal was closed in June, 2016 and the sceond appeal, submitted in February, 2017 was closed in July, 2017.

Nevertheless, neither application met the ‘real possibility test’ of overturning the conviction, in the opinion of the Commissioner(s) reviewing the applications, and making the final decisions. As set out on their own website (see here), it is not the function of the CCRC to facilitate a replay of a criminal trial on the basis that the defence evidence was not accepted by the jury and the prosecution evidence was. A point the Robin Garbutt campaigners appear, at all times, slow to accept.

More recently, a third application has been submitted to the CCRC and this has attracted a welter of publicity, both in the press and on regional television in the Yorkshire and Tyne Tees area. This time, it seems, the Garbutt campaign team are much less reticent about the grounds for the appeal. They will be covered in detail in a fourth article in a series of four to be published shortly on this website. The first was published earlier this week (read here). This is the second in the series. The third is a deeper dive into the police failings in the Garbutt investigation.

Briefly, they appear to be another challenge to the time of death; proven flaws in the Post Office computerised accounting system (Horizon); cross contamination of evidence; and ITV news film from the day after murder that shows the murder weapon was not in the place where the police say they found it one day later. 

An independent investigation – a search for the truth

These four articles are viewed through an almost entirely different lens to those appearing elsewhere. These are not of the news item genre, or a cheerleading boost to the justice campaigners. They are an extensive, informed, well-grounded, independent, open-minded search for the truth. Aided in this case by an exceptional knowledge of the police force, and a number of the dramatis personae, involved in the murder and armed robbery investigations.

For reasons that are unclear to me, at least, the Robin Garbutt campaigners have taken exception to this investigation. A curiosity when one considers their frequent, almost monotonous, war cry of ‘Robin has always told the truth‘. If that were the case – and it very plainly isn’t, given what was heard in court – then there should be nothing to hide from a search for the same truth, by a journalist who is adjacent to the criminal justice system every single day: Who killed Mrs Garbutt and, if there is a killer still on the loose, then press the authorities very hard for the case to be re-opened as a matter of urgency. 

 

Screenshot 2020-03-23 at 16.42.02

The murder of 40 year old Diana Garbutt took place on 23rd March 2010. The scene was the living quarters above the post office in Melsonby, in the Richmondshire district of North Yorkshire. The village, with its remarkably low crime rate, lies 1.2 miles to the west of the A1 trunk road and 1.2 miles north of the A66 route towards Penrith in Cumbria. The well known, and very busy, Scotch Corner interchange is just over 3 miles away.

Diana, brought up in Eggborough near Selby, was struck by three heavy blows from a blunt instrument, a rusty iron bar, according to the evidence heard at the criminal trial the following year. The assailant attacked her to the top of the head and once on each side.

One of the blows was fatal and she was found, wearing only a camisole, some time after the murder, by her husband, with her head in a pool of blood, face down on top of the duvet cover in the spare bedroom. Moments after an alleged armed robbery had taken place in the post office area of the village store. This is a tape recording of the 999 call made to the police:

That robbery would have been the second, almost identical attack, within 12 months. On 18th March, 2009, just before 8.30am it is said that two hooded young men, aged between 20 and 25 years old, wearing dark clothing, one of them armed with a handgun, threatened Robin Garbutt with the weapon, before making off with more than £10,000 in cash and an A4 book of postage stamps. Garbutt, who made no comment to the local press at any time after the first attack, was said by police to be ‘shocked, but unharmed’.

Detective Inspector Heather Pearson, who led that investigation and features elsewhere in this piece, in the section covering the disastrous Operations Rome and Hyson, said at the time of the robbery: “The area [around the post office] was busy with people driving to work or taking their children to school”.

“We are still appealing to passers-by who possibly noticed suspicious individuals or vehicles in the vicinity of the post office to come forward as a matter of urgency.”

There was no description of the getaway vehicle, or its direction of travel, given by Garbutt in the aftermath of the incident. No sightings of any persons matching the descriptions given by the shopkeeper. He told police that the robbers had entered the post office through the front door of the shop and made their exit the same way, one a short time before the other, after the safe containing an A4 Post Office book of stamps and around £10,000 in cash was emptied. It was said Mrs Garbutt was upstairs at the time and heard nothing. She rarely rose from her bed before 8.30am.

The police made no public appeal regarding the handgun allegedly pointed at Robin Garbutt in the course of that robbery. Or, it seems, gave any warnings not to approach the men if they were suspected of involvement in the Melsonby robbery. An imitation firearm was recovered during what, police said, were extensive enquiries, but not linked to this crime. No one was ever identified as a suspect, or arrested, in connection with the robbery and the incident is still logged by police as an unsolved crime. Following a general police appeal for information, two days later, it appeared that the trail had gone completely cold and nothing, it seems, was subsequently reported upon, in the local press, until Diana Garbutt’s murder. 

At the murder trial, the issue of whether the 2009 raid actually occurred was not pursued by prosecuting counsel, David Hatton QC, in cross-examination, but, in his closing speech to the jury, he briefly oulined that it may have given Garbutt the idea for the alibi for his wife’s murder, almost exactly a year later. Both on a Tuesday morning, at the same time, at 8.35am just after the school bus had left the village. Two young(ish) robbers, similar physical descriptions, dark clothing, one armed with a handgun. No details of the getaway in either instance. The robbers vanishing into thin air.

A prosecution witness at the murder trial, fraud investigator Andrew Keighley, also gave evidence concerning another similarity: In the months leading up to both reported robberies, Post Office Limited recorded an increase in requests from the Melsonby branch for extra money to be delivered.

It may never be known if the requests in 2009 were needed to replace misapproprated cash, as police believe happened in the time leading up to Diana Garbutt’s murder. One of the foundation stones of the investigation that the justice campaigners feel they have since undermined.

‘A comedy of errors’

The court heard of a number of North Yorkshire Police blunders, some of which were described by defence counsel, James Hill QC, as a ‘comedy of errors’ but. of course, not at all funny to the man in the dock. The trial judge, Mr Justice Openshaw said, in turn, that the stewardship of the crime scene demonstrated ‘a regrettable lack of professionalism’. Briefly, these were or are:

(i) Police claimed a bloodstained pair of boxer shorts found in a rubbish bin was Garbutt’s. They belonged to a neighbour. This ‘evidence’ enabled the police to persuade a Magistrates’ Court to refuse bail and have Garbutt held on remand at Holme Hall prison.

(ii) An iron bar – said to be the murder weapon – has caused consternation both regarding the circumstances of its alleged discovery, two days after the murder, and the results of DNA tests taken from it four months after its discovery. The fact that a police officer’s DNA showed up on the bar was, at first, concealed from Robin Garbutt’s lawyers.

(iii) Strands of hair found on the pillow near an outstretched hand of Diana were said to be ‘lost’ by the police. They never made it to the forensic science labs after being captured on scenes of crime photographs. As a consequence, they were never available for DNA testing. Providing, of course, the follicles were still present.

(iv) DNA tests taken from the pillow are now the subject of further challenge by the Garbutt campaign team over potential cross-contamination with biometric samples taken from the murder weapon . 

(v) Two bedside lamps were removed by the police from their position within the crime scene, and placed in a cupboard. There were signs of blood spots on at least one of them.

(vi) A bedside mirror and carpet beside the bed were not tested for blood spatter. There was no blood spatter on any of Robin Garbutt’s clothing. 

(vii) The defence team assert that the fish and chip wrappers, containing the remnants of the couple’s supper on the evening before the murder, were the wrong ones. This casts doubt on the analysis of the food decomposition in Diana’s stomach by the police’s chosen expert.

(viii) Questions for Melsonby villagers, interviewed during post-incident house to house enquiries, included confirmation of their hair and eye colour, whether they wore body piercings, or a watch. Householders were also asked ‘intrusive’ questions about neighbours. 

(ix) Detectives issued an appeal regarding owners of white vans, and a number were interviewed and eliminated. But a similar appeal was not made about a metallic or electric blue car seen around the village on the morning of the murder. Or a vehicle seen parked near the entrance to Low Grange Quarry, about a mile from the post office along West Road.

(x) According to CCTV evidence, a vehicle following Robin Garbutt was picked up eight times on the journey to Stockton-on-Tees and back on the night before the murder. The campaign team say that the driver was not traced and the vehicle was sold four days after the murder.

(xi) Police and prosecutors claim that no struggle between Diana and the killer took place before the murder. That is disputed by the Garbutt campaigners who claim that pictures were displaced and bedside lamps were knocked over. They say that Diana with her armed forces background would have fought an attacker.

(xii) A balaclava and ball-bearing handgun were found by Cleveland Police in Thornaby, 19 miles from Melsonby, on 24th March, 2010. The campaigners say there was no attempt to link them forensically to the Garbutt murder.

(xiii) At first, the police accepted the time of death of Diana Garbutt was 6am at the earliest. This stance was changed at trial, which started a year later, based on expert evidence from a forensic archeologist.

(xiv) Neighbour Pauline Dye was allowed to wash her bloodstained hands in the Garbutts’ bathroom sink after handling the body of Mrs Garbutt.

This is, on any view, a truly shocking catalogue of serious investigative failures and is much more extensively reviewed in a seperate analyis on this website (read in full here).

Confirmation bias

In this light, Robin Garbutt can safely say that he suffered prejudice at the criminal trial as a result. In that sense, there is merit in the argument of his campaign team that there has been, potentially, a miscarriage of justice. But not an unsafe conviction.

Without the armed robbery story, Garbutt would, very likely, NOT have been convicted of the murder. Indeed, the police and prosecutors, absent of a confession, may well have struggled to get even a charge against him, let alone a trial. There was simply no evidence linking him to it, forensic or otherwise.

A well known retired senior police officer and commended detective, who spent his entire career with a large metropolitan police force, told me that the smaller county forces didn’t have the well-oiled machinery and the know-how of their big city cousins to roll out an effective, efficient investigation in the ‘golden hours’ just after a serious crime had been committed. They often didn’t have the required personnel, either. The cream of the crop tended to be skimmed off by the larger forces. 

Another friend, of even higher rank, was actually brought up in Melsonby village. He is also scathing of the abilities, of what was his local police force, to conduct major investigations.

Defence barrister, James Hill QC, put it this way to the jury in his closing speech: “You can’t just cherry-pick the evidence. You can’t just ignore the parts of the evidence that you don’t like, in order to put forward a theory. I’m going to suggest that the prosecution case is nothing more than that – a theory. Ever since, they’ve been trying to make that evidence fit that theory.”

North Yorkshire Police had 30 officers assigned to the murder investigation, closed off the village, and set up a mobile facility in Moor Road, adjacent to the gate at the rear of the village shop premises. But, almost from the moment the first officer arriving on the scene, Traffic Constable Chris Graham-Marlow, had spoken to the paramedic, Michael Whitaker, the husband was the main suspect and it seems, particularly to the Garbutt campaign team, that police activity only concerned their man – and focused on evidence that supported their hypothesis and ignored anything that went against it. A well-discussed policing phenomenon of confirmation bias.

That bias, and the narrow, rigid mindset and weak organisational culture that accompanies it, is a recurring feature of almost every high profile NYP investigation – and has led to some tragic failures, most notably during Operation Cabin, the first, bungled, investigation into the disappearance of Claudia Lawrence.

Nevertheless, after having heard ample evidence of the poor police investigation, the rubbishing of it by the defence barrister and the more restrained, but damning, criticism  from the trial judge, the jury found Robin Garbutt guilty of the murder of his wife.

In a piece published earlier this week (read in full here) it sets out in considerable detail the two crucial decisions that the twelve members of the panel had to decide. Namely the time of death and whether, in fact, there was truth in the assertion, by Robin Garbutt, that an armed robbery had taken place moments before he had discovered the bloodied body of his wife. The article, in which is embedded a police film of Garbutt’s first account of the robbery, is said to be a compelling read.

More neutrally, if the earlier 2009 robbery was also a fake, it raises the probability that, had North Yorkshire Police uncovered this at the time, a murder could have been prevented. That is the view of Diana’s mother, 70 year old Agnes Gaylor, who sat through every hearing day of the trial at Teesside Crown Court, and is convinced of Robin Garbutt’s guilt. Nevertheless, as a matter of legal correctness, the presumption of his innocence must prevail over the 2009 incident. 

In fairness to the police, and in the absence of CCTV nearby, proving the robbery didn’t take place would be next to impossible. Nevertheless, in policing circles, it would have been surprising if Robin Garbutt’s ‘card hadn’t been marked’ as the local saying goes: The failure to activate the silent alarm and the complete absence of any sightings of robbers or getaway vehicle, in the busiest part of the day in this village, would, doubtless, have troubled them.

Mrs Gaylor was interviewed, very briefly, by the media, after the Garbutt sentencing and alongside Detective Constable John Bosomworth (watch short video clip here). Based with Northallerton CID, DC Bosomworth read from a statement prepared on behalf of the family in which the murder investigation was warmly praised, particularly for its ‘care and compassion’. This is a recurring NYP trait. The rest of the country knows that this was a quite appalling investigation from beginning to end, and still with huge question marks against it, and their first, and persistently irritating, instinct is self-praise.

More recently and, perhaps, less surprisingly Agnes told ITV News: “I attended every day of the trial and after listening to every word said and with great effort to put myself mentally in the jury box, with an open mind, I am beyond confident that Mr Garbutt is in the right place. I understand why his family and friends would love to see him freed, but all I hear is – he’s such a nice man he couldn’t possibly have done such a thing. But nice men, sadly, do”.

But this wasn’t the only police investigation in which DC Bosomworth was centrally involved around that time and his underperforming NYP colleagues were later the subject of fierce, and highly justified, criticism by those pursued by them. As in the Garbutt case (criticised by the trial judge), in this case the force was criticised by a senior officer from another constabulary, appointed by the police watchdog, to assess an appeal into a quite disgraceful internal investigation by NYP (read press report in full here). That case involved a mother being falsely, and, on the evidence, perversely and irrationally accused of the attempted murder of her own disabled young daughter. None of the officers concerned in this case was properly held to account.

As far as Operation Nardoo is concerned, the police codename for the calamitous Garbutt investigation, a review into the failings of North Yorkshire Police handling of the murder probe was promised in a statement to the local press, shortly after the trial concluded. There is no trace of such an inquiry ever taking place and, as a consequence, the force has been tasked with providing details, by way of a freedom of information request (read here). The Gold Commander for Nardoo was ACC Tim Madgwick, whose command team portfolio at the time included criminal investigations. A bitter and protracted battle is expected with the police force to extract that information and place it in the public domain.

Madgwick was also Gold on Operation Cabin, later reviewed internally by NYP in an operation codenamed Essence, which highlighted some of the failings of the original investigation into the disappearance of Claudia Lawrence after leaving her York home to travel to work at the city’s university. No arrests were made during this investigation. An inaccurate photograph of Claudia was issued by the police at the outset. Failure to establish basic facts such as distances and timings. Failure to preserve Claudia’s home as a crime scene. Failure to eliminate a suspect vehicle by using even the most rudimentary investigative techniques. Obsession with a theory based around Claudia’s love life. Bull in a china shop approach to locals in the area where Claudia lived. Disaffecting members of Claudia’s family. 

The 2009 reported armed robbery at Melsonby post office took place on the last day that Claudia was seen alive. The pre-occupation with her disappearance, reported by her father, Peter, on 20th March, 2009 may well have resulted in the investigation into the alleged robbery fizzling out quickly.

Operations Rome and Hyson (one flowed into the other) feature extensively on this website as one of the biggest investigation failings in police service history. Yet again, Madgwick was at its very heart as Gold Commander of Rome, upon which almost £1 million of public money was squandered in a farcical, meandering, highly partial investigation into what they resolutely maintain concerned ‘alleged harassment’, that lasted 7 years and resulted in not one single arrest. He remained as the controlling mind, and chief ‘cover-upper’ of Hyson, even though his subordinate, ACC Paul Kennedy, was nominally Gold. Heather Pearson played a signifant part in that investigation, as Senior Investigating Officer, at least for part of the time that the investigation ran, exceeding her powers and exhibiting an alarmingly closed mind when ordering the arrest of a citizen journalist, Timothy Hicks, over his criticism of the force. Tim is a professional man, a chartered accountant and certified fraud examiner, of exemplary character. His detention at a York police station, followed by pointless and utterly irrelevant questioning, had an Orwellian look to it.

Rome ran from 2008 until 2014, Hyson 2014 until 2016. Lord Maginnis of Drumglass was refused a meeting with Theresa May, Home Secretary at the time, to raise grave concerns over Operation Rome and the way North Yorkshire Police was running it. She refused, so he raised the matter in Parliament. He told those assembled on the red benches: ‘That particularly dubious constabulary merits careful investigation’. 

That startling submission was on 15th May 2012, less than a month after Robin Garbutt was sent to prison. It is a quote, entirely factual, that police force and its senior leaders came to resent and detest.

The Private Eye magazine eventually featured the scandal in August, 2016 with a near full page article headlined ‘North Yorkshire Boors‘. It signalled, thankfully, the beginning of the end for Tim Madgwick. Who, curiously, has lived around the Easingwold area (the names of two of the villages are known, but it simply would not be right to publish them) since he moved north to join NYP from his Hampshire origins; the same area of York in which Robin Garbutt grew up and lived in, Tholthorpe and Huby respectively, before he and Diana bought the post office in Melsonby. 

This is far from an exhaustive list of NYP failures; in my time spent scrutising the force they run well into double figures. Including serious allegations, supported by employment tribunal findings, of being a racist and sexist organisaion. But it gives the reader a flavour of just how low the ethical and professional bar is set in this police force. Add to that a breathtaking level of incompetence, layered over with ingrained, overbearing arrogance and superiority, that seeps into almost every business area, and the scale of the problems within this organisation begins to crystallise. It is almost certain that justice campaigners such as the Garbutt team, and their legal team, will recognise these unpleasant, and wholly unacceptable traits, as they have battled to uncover the truth behind a grotesquely failed Operation Nardoo investigation.

Robin Garbutt campaigners - ITV package

Obtaining disclosure of relevant materials will also be a constant thorn in the side of the campaigners, led by Jane Metcalfe (on the left in above pic), his sister Sallie Wood and brother-in-law, Mark Stilborn, as it is for anyone who deals with the force on a professional level, such as lawyers and journalists. Best exemplified by this case, wherein the Lord Chief Justice was blistering in his condemnation of, amongst others, the Chief Constable of North Yorkshire Police. Sir John Thomas described the force’s conduct as ‘reprehensible’. At one point, Dave Jones was summoned to appear before the law lords in London. The full handed down judgment can be read here. The only officer ever held to account was an inexperienced detective constable, recently posted in a department that was widely known for its failings and, of course, in true NYP style, the decision makers and top brass escaped any censure, whatsoever.

So, we come to the key questions:

 ~ Did Robin Garbutt get a fair trial in April, 2011 at Teesside Crown Court?

Emphatically not, in my submission. A police investigation so inept it borders on the criminally negligent; a senior leadership and detective mindset mired in confirmation bias: a threadbare prosecution absent of anything other than circumstantial evidence and accompanied by the almost standard disclosure failings that, seemingly, weave through every operation conducted by North Yorkshire Police.

~ Did the jury come to the right verdict?

It should first be said that I am not an advocate of majority verdicts. Until 1967, a jury had to reach a unanimous finding, ‘beyond reasonable doubt’. Now a 10-2 or 9-1 verdict, where the jury is ‘sure’ of the defendant(s) guilt is within the law (Juries Act, 1974). On the evidence heard in the Garbutt trial, summed up by an experienced, senior judge and properly directed on the law, it was not surprising to the neutral observer that they concluded Garbutt was guilty of the murder of his wife. Such a conclusion must have embraced at least one of the two main planks of the prosecution case: (i) The robbery at the post office did not take place (ii) The time of the murder was before Robin Garbutt served his first customer in the shop at around 5.15am that morning (according to the till roll).

~ Was the Court of Appeal wrong to dismiss Robin Garbutt’s claims of a miscarriage of justice at the hearing in May 2012?

For my own part, every judgment that this court delivers is read, as part of learning how to understand and assess other cases. I have also been in the press seats at the Royal Courts of Justice to hear an appeal in which I was assisting the person convicted of murder, and his family, and, in fact, made a successful oral application to Lord Justice Davies, from the press seats, to live tweet those proceedings. From that informed perspective, the refusal to quash the Garbutt conviction was routine, given what was before the court. The defence team, still led by James Hill QC and praised by the law lords for their skilful submissions, had a mistaken grasp of the very probable route to verdict taken by the jury. Their majority decision says the robbery didn’t take place and, on the only alternative put to them by the prosecution, Robin was found to have killed Diana. That is the legal position and, as I say to every single person who seeks out my view, the appellate courts are almost always where law is decided, not justice. That has been the position, for better or worse, since 1968.

 ~ Will the Criminal Case Review Commission refer the case back to the Court of Appeal after the third application by Robin Garbutt?

The conclusion reached on that discussion is reserved for the fourth article in this series, in which I set out the grounds, as I know them, and my reasoned views as to if, and why, they do, or not have merit. It would take just one compelling ground for a referral out of the four believed have been advanced by his legal team for the CCRC to make the prized referral.

Timeline 

An at-a-glance timeline of events leading up to the murder and all that happened since can be viewed here.

The Robin Garbutt justice campaigners were contacted for comment. They did not respond.

 

Page last updated: Thursday 11th June, 2020 at 2035 hours

Photo Credits: ITV News, Press Association, North Yorkshire Police, North Yorks Enquirer

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© 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.

 

 

Not one single piece of paper

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 and 2018, to further 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 aggressive 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 Saturday 11th April, 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 present 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.

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