‘Calm down’ whilst my detective colleague assaults you

David Rogerson is an unpleasant, foul-mouthed bully, a view readily formed by most people viewing films of his interaction with Huddersfield businessman, Stephen Bradbury, outside of West Yorkshire Police’s prestigious divisional HQ at Havertop, near Featherstone.

It is also the view of at least two WYP colleagues who worked with him at Havertop and, having now retired, are relieved to be no longer in his orbit. But not, it must be said, Rogerson’s own Professional Standards Department, within WYP, or his staff association, the Police Federation. Or, indeed, the recently retired chief constable, Dee Collins. The latter, incredibly, signed off a promotion for Rogerson in the face of his odious conduct that could, and some argue should, have led to a criminal conviction.

On 18th June, 2015, Mr Bradbury had attended Havertop in order to gather information, including video footage and photographs for a forthcoming documentary with which he was concerned.

A short time after his arrival, he was approached by Sergeant Dale Wooffinden, and then surrounded by six other police officers (with nothing better to do), and asked to explain his presence outside the police station and his intentions. Mr Bradbury gave his explanation and produced a letter from Chief Constable Andy Trotter, of the Association of Chief Police Officers (now renamed the National Police Chiefs Council), as it related directly to members of the public and photography in and around police premises.

Sgt Wooffinden, and his restless posse, having read the letter, was satisfied with the explanation and allowed Mr Bradbury to go about his lawful business.

Soon afterwards, CCTV footage shows the arrival of Acting Inspector Rogerson, as he was then, before his subsequent promotion to substantive inspector, and a short interchange with Mr Bradbury, prior to the officer entering the secure staff car park, ended with Rogerson calling him “an arsehole”.

The police officer, is then captured on footage accompanying Detective Constable Lisa Redfern, emerging from the car park and walking towards Mr Bradbury. A plainly agitated Rogerson tells DC Redfern: “I’m going to arrest him“. He offers no explanation to his female colleague as to the suspicion of any offence. She, in turn, offers no challenge as to the lawfulness of such an action, or the likely consequences.

As Rogerson approached, Mr Bradbury says: “You are going to lock him up are you, is that what you said?”. He took out a hand-held digital camera in order to record what was happening. The police officer then claims that Mr Bradbury is “harassing him” before grabbing his camera, and then the lanyard attached to it, which was draped around his neck. An assault had clearly taken place, the camera had been damaged, and the officer was asked to stop. Rogerson ignored the request and proceeded to drag his victim towards the police station, falsely claiming he had been assaulted by Mr Bradbury.

At this point, Rogerson told Mr Bradbury he was under arrest, but released his grip on the camera and lanyard. He did not caution him, disclose the suspicion of any offence, or give any grounds for doing so. He simply fulfilled the promise he had made to his female accomplice a short while earlier.

At this point, DC Redfern intervenes but only, quite incredibly, to tell Mr Bradbury to “calm down”. She offered no challenge to her police colleague, as she is required to do under Police Regulations, and no protection to a member of the public subject to a pre-meditated, unprovoked verbal and physical attack. As a police officer she also should have known that the arrest was unlawful and there had been manifest breaches of the Police and Criminal Evidence Act, 1984. Her later accounts, during the complaints process that followed, suggest she did not. She was entirely supportive of Rogerson’s actions.

Mr Bradbury attempted to explain the prior exchange with Sgt Wooffinden and when the three ‘combatants’ reached the foyer of the police station, Rogerson marched off after refusing to provide details of his name and collar number. It is not clear if he subsequently spoke to Sgt Wooffinden, or not. Mr Bradbury’s camera was damaged and he had suffered abrasions and soft tissue injury to his neck.

DC Redfern failed to respond at all when asked if Mr Bradbury was under arrest. A point she failed to mention in her later account. As a result, he left the police station voluntarily, if not a little shakily, and was never subsequently detained or questioned about the ‘arrest’ by the police. Ms Redfern did not offer any first aid or make any enquiries about his well-being, or fitness to travel home. Another police officer who was sat in a vehicle nearby, and had witnessed the events involving Rogerson, declined to give either his own details, or those of his male colleague. Similarly, he made no enquiries about Mr Bradbury’s welfare.

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Detective constable Lisa Redfern

Shortly after the incident a complaint was submitted to WYP. It set out carefully, and comprehensively, the events that had taken place. The matters therein were not only supported by CCTV film obtained on Mr Bradbury’s Go-Pro camera, there were five cameras in the police station precincts that had captured the attack on Mr Bradbury and the events leading up to it.

After a delay of almost two months, the complaint was allocated to Sergeant Penny Morley of WYP’s notorious Professional Standards Department. This was a clear indication that the police were going to try to fudge the complaint and ensure that the six month limit for a prosecution of Rogerson was going to pass, whilst they prevaricated. Sgt Morley had, some years previously, been called out by a circuit judge, HHJ Peter Benson, following a trial in Bradford Crown Court during which she gave untruthful evidence. Taking the College of Policing‘s Code of Ethics as a guide, she should no longer be part of the police service, let alone sitting in judgment of other officers, after such a condemnatory judicial finding.

A decision was taken by Mr Bradbury, in conjunction with his police complaints advocate, Neil Wilby (the author of this article), to lay an information at Kirkless Magistrates Court. This is more commonly known as a private prosecution. The necessary documents, witness statement and copies of film and photographs, were filed at court on 14th December, 2015, just before the six month statutory limit expired. The allegations concerned assault and criminal damage.

West Yorkshire Police and the Police Federation were livid when they discovered that the Resident District Judge, Michael Fanning, had issued a Summons against Rogerson, in early January 2016, under Section 6 of the Prosecution of Offences Act, 1985. They did not believe that the threat to issue court proceedings, privately, against Rogerson would be carried through. It was the first of its kind in living memory of court staff at Huddesfield and Leeds.

A pre-trial review was held the following month in Huddersfield and the Federation sent Nick Terry, a partner with Burton Copeland solicitors in Manchester, to try and have the case dismissed. Even with support, by way of an email from the District Prosecutor of the Crown Prosecution Service, Malcolm Christy, on the morning of the hearing, the judge was unpersuaded by Mr Terry’s increasingly desperate arguments, and those of the CPS rendered by email, and the matter was set down for trial on 16th April, 2016. Mr Bradbury, having represented himself at the first hearing, then appointed a leading local solicitor advocate, Michael Sisson-Pell, to prosecute the case on his behalf.

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District Prosecutor Malcolm Christy failing to appease Stephen Bradbury over his ‘back door dealings’ with WYP.

Three days before the trial the CPS notified the court that they were taking over the prosecution for the sole purpose of discontinuing it. Mr Bradbury was not notified until the day before the hearing. The Deputy Head of CPS Yorkshire and Humber Region, Andrew Penhale, said that whilst the prosecution did not meet the public interest test, the evidential threshold was satisfied and there was a reasonable prospect of a conviction against Rogerson.

Smiles and handshakes all round at the police and Federation HQ in Wakefield, but Mr Bradbury was left with a £600 bill for legal fees (which Mr Sisson-Pell had very kindly reduced to the bare minimum) for which the CPS and the police steadfastly refused to reimburse Mr Bradbury.

The complaint that the CPS were ‘in thrall’ to WYP, and the Federation, did appear to have some merit. A review of the decision not to prosecute Rogerson also failed. As did Mr Bradbury’s entreaties to the CPS regional head, Gerry Wareham. Approached for comment about this article, Mr Wareham said: “Our job is to take over prosecutions like this one [Mr Bradbury’s] that have no merit”. Which flies in the face, completely, of everything the CPS has written and reported about the case previously. Not least that it met the evidential test and that a conviction was likely.

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CPS lawyer Gerry Wareham who has attempted to re-write history over the private prosecution of A/Insp Rogerson

WYP’s PSD then dragged their heels for another two years before finalising the complaints against both Rogerson and Redfern. They, of course, found nothing wrong and both escaped any meaningful sanction. Rogerson was given words of advice after a misconduct hearing and, of course, promoted. Redfern’s alleged misdemeanours were dismissed out of hand. The misconduct hearing was, bizarrely, chaired by Inspector Richard Close, an officer who had acted adversely against Mr Bradbury several times over the past six years, including being a central player in a well-organised ambush and arrest outside police HQ in Wakefield. A malicious prosecution of Mr Bradbury followed, but it didn’t get beyond ‘half-time’ at the nearby Magistrates Court as District Judge Day threw the case out. Gerry Wareham is curiously silent on that CPS debacle.

Vigorous protests to Dee Collins, were, disgracefully, brushed aside in the face of the most compelling evidence against Close. Including the fact that Close had not seized relevant filmed and photographic evidence, including the clip embedded in this article and pictures of his injuries and the damaged camera. Or, obtained witness statements from either Mr Bradbury or Sgt Wooffinden. It was a classic West Yorkshire Police ‘cover-up’.

But the last word went to Mr Bradbury, via his solicitor Iain Gould of DPP Law in Bootle. Letters before claim were drawn up regarding this and a number of other incidents in which Mr Bradbury was adversely affected by the unlawful actions of West Yorkshire Police and he was awarded £13,750 in compensation. The out of court settlement that meant the police avoided having to air their dirty washing in public.

Two of the other cases that led to the compensation award are covered in a separate article on this site and can be read here.

The ambush of Mr Bradbury outside of police HQ and the subsequent shambles of an arrest, detention, investigation and prosecution is to be the subject of a further article on this website in the near future.

 

Page last updated: Thursday 25th April, 2019 at 1810 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.

Photo credit: West Yorkshire Police In Action YouTube Channel

© Neil Wilby 2015-2019. Unauthorised use, or reproduction, of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from, and links to, the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

 

Court set to hear £5 million civil claim against police

A county court claim filed in October, 2015 by a Bradford doctor, Abdul Rashid, is, finally, set to be heard later this year. The defendant is the chief constable of West Yorkshire Police.

A second trial, to determine quantum, will follow if the claim succeeds in establishing liability against the police. The first trial is listed for hearing in Bradford County Court between 9th and 19th September, 2019.

Since July, 2018, two case management hearings and a pre-trial review have focused mainly on unresolved disclosure issues.

The court has already heard that the claim, for aggravated, exemplary and special damages, including loss of earnings, concerns events that took place over seven years ago.

Shortly after 6.15am on Wednesday 7th March, 2012, eighteen police officers attended at Dr Rashid’s home in a pre-planned operation, threatened to break down the front door, arrested him in front of his wife and three children, then searched the house before taking him to Trafalgar House police station in Bradford, a short time later.

The arresting officer was Detective Constable Mark Lunn, who features centrally in a claim that turns upon the lawfulness of this officer’s actions before, during and after the arrest of Dr Rashid. Expressed succinctly by HHJ Neil Davey QC at the second case management hearing: ‘There is only one issue: Did the arresting officer have reasonable grounds‘.

The court has also heard that the large group of WYP officers, led by DC Lunn, not only searched Dr Rashid’s home, in full view of his neighbours, but also seized computers, other electronic devices, as well as life-saving medication for the use of one of Dr Rashid’s three children, putting that child’s health and safety at risk. The police deny the latter allegation.

DC Lunn was, at the time, involved in an investigation codenamed Operation Thatcham, seeking to disrupt a large scale ‘cash for crash‘ fraud in Huddersfield, where he was based. Lunn was working under the supervision of Sergeant Mark Taylor (now an inspector in Bradford CID) and the operation was led by Detective Chief Inspector Paul Jeffrey. Counsel for WYP, Olivia Ceca-Dover, has told the court that Sergeant Taylor (as he was then) will give evidence in these proceedings and the police will rely on his account for the necessity of the arrest.

The Ministry of Justice and the Insurance Fraud Bureau were partners assisting the police in the investigation. It followed a similar, three year investigation that had led to conviction of two Huddersfield men at Bradford Crown Court in March, 2011. DC Lunn had been ‘officer in the case’ in that investigation. Operation Thatcham began the following month.

The court has heard that a Huddersfield-based insurance claims management company, trading as Advanced Claims UK Ltd, was at the heart of the second investigation. A large number of men were convicted of fraud at Leeds Crown Court in April, 2014. Counsel for Dr Rashid, Ian Pennock, has told the court that disclosures within the course of this civil claim have revealed that the police knew before they arrested Dr Rashid that it was unrealistic to connect him to that company. That assertion is disputed by WYP.

Dr Rashid’s surgery and other premises were also raided on that same March morning in 2012. At the time, he also ran a very successful medico-legal practice, employing four people, in addition to his two general practices at Thornton and Denholme. This involved travelling the country at the request of many different firms of solicitors, providing expert medical reports upon predominantly soft tissue injuries such as ‘whiplash’. The loss of his private medico-legal practice alone is said to have cost Dr Rashid at least several hundred thousands of pounds per year.

Very shortly afterwards DC Lunn told others, including the Bradford Primary Care Trust (PCT) and the General Medical Council (GMC), that Dr Rashid was involved in a conspiracy to defraud insurance companies by assisting fraudulent ‘cash for crash’ claims. Mr Pennock asserts that such an allegation was ‘without foundation, baseless and ludicrous’.

He also told the court that ‘there was no evidence at the time, and there is still no evidence, whatsoever, to even reasonably suggest he has acted dishonestly within such an alleged conspiracy, or otherwise’.

Following his arrest, a large squad of WYP detectives carried out a protracted investigation of Dr Rashid’s private and personal life. Ranging from his early educational life at school, university and, thereafter, his early career as a doctor.

The court has heard that the investigation into the minutiae of Dr. Rashid’s life failed to reveal any criminal offences, or any other wrongdoing, by Dr. Rashid, in relation to any of the medical reports which he compiled, and submitted, on behalf of solicitors acting for insurance claimants. Mr Pennock says that this was an unsurprising conclusion given that it is widely known within the insurance, medical and legal arenas that such ‘expert’ reports are prepared, independently, by doctors, for the benefit of the courts. Not for either the underwriters or injured parties and their legal representatives.

This detailed and seriously intrusive investigation, says Mr Pennock, was motivated by the police’s increasingly urgent need to justify the wrongful arrest and detention of Dr. Rashid. The police deny such a motive and say that there were a number of identified defects in the medical reports, and Dr Rashid appeared to charge solicitors above the ‘going rate’ for the work. Both gave rise to suspicion of other wrongdoing.

At the forthcoming trial, says Mr Pennock, Dr Rashid will rely upon that same police investigation to prove that he is a man of integrity, who fully deserved the respect and standing he had in the Bradford community at large, together with his well deserved reputation amongst other doctors, solicitors, barristers and other fellow professionals, prior to the arrest. The police have told the court that Dr Rashid will be put to proof on those points.

The court has heard that the mere fact that Dr Rashid, along with other doctors, accepted instructions from solicitors of good standing to examine a claimant, and report upon the same, makes him no more involved with any alleged fraudulent claim than any other professional such as a barrister, psychologist, psychiatrist, doctor, occupational therapist,  or other such expert also instructed by those same solicitors. As such it was an insufficient basis for any reasonable grounds, or belief, to justify the arrest and detention of Dr. Rashid says Mr Pennock.

The court also heard that it has not been alleged, or even suggested, during the numerous and prolonged interviews by the police, that he was knowingly involved in any claim that was said to be fraudulent, and upon which he is said to have reported. He played no part in the Thatcham prosecutions, either as defendant or witness

In those interviews, lasting many hours, and cumulatively days, in various police stations in the Bradford, Huddersfield and Wakefield areas, the detectives only concerned themselves with matters such as Dr. Rashid’s qualifications, income, properties and background. Not one specific allegation was put to the doctor by the police. The interview transcripts, says Mr Pennock, summarise the police’s position at that time: “You are guilty of committing crimes and should own up to them, this is your last chance to tell us”. The court has heard that Dr Rashid was released from police bail in June, 2013. A file had been submitted to the Crown Prosecution Service, later reviewed at the police’s request, but no charges were authorised as a result.

The court has heard, on at least two occasions, that the arresting officer, Mark Lunn, appeared to claim he was also the officer in charge of the investigation against Dr Rashid and others. Ms Ceca-Dover says that Lunn was not in charge and he, in fact, reported to Sergeant Taylor (as he was at the time). She went on to say that the basis for the arrest of Dr Rashid is set out in some detail in the witness statement of Inspector Taylor (as he is now).

At the time of Dr. Rashid’s arrest, and subsequently, DC Lunn purported to be a director of a company called “Insurance Fraud Consultants Ltd”, an operation which sought work from insurance companies, including a well known name in Sussex, to investigate suspected insurance fraud claims. But no such company existed in official records at Companies House.

Ms Ceca-Dover told the court that WYP has not admitted that such an enterprise was in place, or that such records existed on police systems, or that they did exist and were, subsequently, deleted.

Enquiries with Companies House revealed that the purported company did not exist before the arrest of Dr Rashid. But, on the same day that DC Lunn was removed from the Operation Thatcham investigation, a company of that name was incorporated at Companies House.

The company was dissolved in 2014, and this was, Mr Pennock says, shortly before Mark Lunn started work for the IPCC (Independent Police Complaints Commission) in January, 2015. Ms Ceca-Dover has told the court that WYP will not be calling Mr Lunn as a witness at the trial and that her client does not know where to locate him, in any event.

She has asserted, on instructions from WYP’s Deputy Force Solicitor, Alison Walker, that his actions were at all times lawful and proportionate. The police also deny that DC Lunn was acting as ‘a malicious, lone decision maker’.

DC Lunn did not have the authority of the chief constable to undertake this additional employment and/or have any involvement with the so-called “Insurance Fraud Consultants Ltd.” The claimant’s lawyers have sought an explanation from the police, or Mark Lunn, to refute the fact that he held himself out as being a director of IFCL, who sought work from insurance companies to investigate suspected insurance fraud claims. The court has heard the claimant’s allegation that Lunn, for his own financial gain, was allegedly acting wrongfully, in purporting to represent a company that did not exist.

The court has heard details of a specific allegation that Lunn prepared a detailed business plan, using police computers, and may have received a payment of £183,000 from an insurance company as a result. Ms Ceca-Dover has told the court that searches of WYP files, systems and archives, conducted by Sergeant (now Inspector) Taylor, have not, so far, revealed the information sought by the claimants.

It has also been asserted by Mr Pennock that this unauthorised business association created a serious conflict of interest with DC Lunn’s Oath of Constable, and his obligations as an independent and impartial police officer. Particularly, when coming to assess the involvement of Dr Rashid in examining personal injury claimants, and the decision to arrest him. Mr Pennock told the court that Dr Rashid was a ‘prized scalp’ for Lunn in his attempt to establish credibility for his ‘burgeoning private enterprise’.

After complaints by Dr Rashid’s criminal defence solicitors, DC Lunn was removed, by his superiors, from the investigation into Dr. Rashid. That was in July 2012. Mr Pennock asserts that Lunn was, following those complaints, subject to a professional standards investigation, Operation Waffleedge, and no longer works for the police. He left the force in August, 2013. Ms Ceca-Dover told the court that Lunn resigned of his own volition. He was not forced to, or asked to, resign by the police, or dismissed. Any wrongdoing by the officer is denied. She added that the police admitted he was the subject of a UPP (Unsatisfactory Performance Plan), more of a human resources sanction than a disciplinary process, she explained. The police also say that Operation Waffleedge was not a covert investigation into Lunn.

The court also heard that reference had been made, in earlier disclosures by the police to Dr Rashid, to a written warning given to DC Lunn by WYP regarding misuse of police databases, and an admission that he had used WYP computers during his lunch hour to send correspondence, on his official police email account. This was alleged to be in connection with his own business interests. The police position is that their professional standards department has no record of this written warning.

HHJ Davey asked, during the pre-trial review, if the written warning was part of the materials that Ms Ceca-Dover says the police have ‘weeded out’ as part of their data management obligations. Ms Ceca-Dover, after taking instructions, told the judge that would be dealt with in later disclosures and after further internal enquiries had been made by the police.

Mr Pennock also told the court that Lunn has ‘a track record of unlawful arrest allegations’, citing the reference numbers of five complaints. The relevance being, Mr Pennock added, that there was a ‘wrongful motive’ by DC Lunn to arrest Dr Rashid and that this would, in any event, negate any reasonable grounds. Mr Pennock has told the court, on several occasions, that Lunn is presented by the claimant in this case as a “bad apple” and asserts that is why he left, or was asked to leave the police force.

The police force’s Professional Standards Department say DC Lunn did not have any disciplinary findings against him and that Sergeant (now Inspector) Taylor gives an explanation in his statement, as credible evidence, as to why DC Lunn left WYP.

On 7th March 2012, the day of the arrest, Detective Constable Lunn approached and informed Dr Rashid’s ’employers’, Bradford Patient Care Trust (PCT), of the fact that he had arrested Dr Rashid, whom he said ‘was involved in a serious and substantial conspiracy to defraud’. Mr Pennock says that the wording forming that contact is important. DC Lunn did not, he says, describe Dr Rashid as a suspect and, instead, asserted guilt.

As a result of DC Lunn’s approach to the PCT, they wrote to the General Medical Council to initiate complaints against Dr. Rashid, which included his previously unpublicised arrest that day and the reasons for it, as provided by DC Lunn.

At the end of that month, the court heard, Dr Rashid’s contract as a general practitioner with the PCT was terminated and he lost his practice, built up over a number of decades, operating from two surgeries. Mr Pennock asserts that this was all as a direct consequence of the wrongful actions of the police. An allegation they strongly deny.

He went on to say that DC Lunn again circumvented police policies and procedure for deciding if, and when, to make any disclosure to professional bodies and communicated directly with the GMC. Ms Ceca-Dover denied their had been any breach of protocol by her client. Mr Pennock lifted up a bundle of papers, approximately 300mm thick, to demonstrate to the judge the welter of information given to the PCT, and the GMC, by the police. Which, he says, consisted mainly of improper disclosure of selective and prejudicial material. The police assert that all disclosures were made in good faith, lawful, proportionate, in line with force policy and bore on their responsibility to keep the public safe.

On 24thApril 2012 the GMC suspended Dr Rashid from practice for a period of 18 months, as an interim measure pending a final hearing, if any, before the Fitness to Practice Panel of the GMC. The court heard that the final hearing did not take place until October, 2016. Dr Rashid had challenged the interim suspension in the High Court in Leeds in September, 2012 and, as a result, it was quashed.

The police evidence supporting the GMC’s interim suspension was described by the judge, HHJ Mark Gosnell, as ‘sparse’. A point noted by HHJ Davey at the pre-trial review.

Mr Pennock says that even though the suspension was lifted, by this time irreparable damage had been done to Dr Rashid’s personal and professional reputation. Mr Pennock has told the court that Dr Rashid fears that his reputation may never be restored.

The GMC Panel found that Dr. Rashid’s fitness to practice was not impaired, because he was not culpable of any of the misconduct previously alleged by the police. Mr Pennock says that the allegation he was actually involved in a large scale conspiracy to defraud, involving false personal injury claims, rather than merely being a suspect, is particularly damaging.

It was, he says, also demeaning and offensive to a respected and well established medical doctor working within that particular sector of personal injury claims.

The court has also heard of an Application, made in the same Bradford County Court, for third party disclosure from WYP to identify the complainants (if any) and reasons for his arrest. This court action, instigated in August 2012, was compromised by the parties, ahead of a scheduled hearing, after West Yorkshire Police confirmed, in writing; “…not one specific allegation has been made against him by any individual outside, or within, the West Yorkshire Police”.

At the pre-trial review, there was a lengthy examination, by HHJ Davey, of the progress of disclosure requests made by the claimant, and the responses so far made by the police. The court heard that despite the protracted investigation into Dr Rashid’s private and professional life the police have only been able to conclude that, out of thousands of professional medical reports compiled by Dr. Rashid, only nine were not entirely accurate, or that his examination of them was not entirely proficient.

Mr Pennock asserts that this conclusion is drawn by the police despite those, as yet, ‘anonymous insurance claimants’ having read and approved Dr. Rashid’s report, and signing confirmation that it was accurate, and that they wished to rely on that same report in support of their claim for damages.

He further contends that the police sought to frustrate Dr. Rashid’s ability to practice as a doctor by disclosing only limited, and highly selective, details of those alleged nine complainants to the GMC as a basis for suspending, or terminating, Dr Rashid’s licence to practice. The police do not rely on evidence from any of those nine as part of their defence in this wrongful arrest claim. Their identities are known to the police.

Mr Pennock complained to the court that the police had ‘drip-fed’ disclosure to his client and previous searches for relevant materials by WYP had been ‘inadequate’. This amounted to Dr Rashid, and his lawyers, being given ‘the runaround’ by the police, he says. ‘The object of the exercise is to establish what the arresting officer knew, why was Dr Rashid arrested, and a definition of the offence over which he was arrested, beyond being told at interviews he was being detained over a cash for crash conspiracy’. The police have refused to inform the claimant whether any other doctor was arrested in connection with Operation Thatcham.

One of the main, and repeated, complaints by Mr Pennock was that the police appeared to have weeded out materials relating to the ‘cash for crash’ investigations and prosecution, when that criminal case concluded only the year before the claim form in this case was filed at court and served on West Yorkshire Police. He maintains that, in such instances, and as required by the Criminal Investigation and Procedures Act, all documents should be retained for six years after conclusion of the Advanced Claims UK Ltd trial. Ms Ceca-Dover told the court, on behalf of WYP, that all documents would have been destroyed at the end of the statutory period. Further, she said that her clients did not consider that such materials were relevant to the issues in this case (the civil claim).

HHJ Davey told the court that the submissions for the pre-trial review amounted to 621 pages – and that he had read all of them by way of preparation for this hearing. He retires in June, 2019 and will not be available to preside over the trial of a case he describes as “interesting”. It is uncontroversial to note that Neil Davey QC’s steady hand, wise words and pleasing court manner, will be missed on the circuit bench in Bradford.

Proceedings continue. A further pre-trial review is expected to be listed for hearing in July or August, 2019.

 

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

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

Photo credit: Telegraph & Argus

© Neil Wilby 2015-2019. Unauthorised use, or reproduction, of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from, and links to, the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

So I arrested him for something, sergeant.

It is said that renowned explorer Ranulph Fiennes has one stipulation about whom accompanies him on his far flung expeditions.  He is quoted thus: “I would be happy to take anyone on my expeditions, with one exception ….. people from Yorkshire”!  The characteristic Fiennes is, apparently, unable to tolerate is the Yorkshireman’s dourness and refusal to accept they are wrong.

This particular sterotypical characteristic of residents of God’s Own County might well be said of Stephen Bradbury who has recently successfully concluded a series of civil claims against West Yorkshire Police

Having acted as police complaints advocate for Mr Bradbury, since 2012, it must be said that in all my dealings with him he is found to be charming and affable. Also, no-one I know spends more of his own time helping others. A selfless, generous individual, on any independent view. That said, his case history undoubtedly reveals other classic Yorkshire traits; plain speaking, stubbornness and, unfortunately, for West Yorkshire Police an ability to stick to his guns in the face of hostile enemy fire.

Back in 2003, Mr Bradbury had raised concerns with his local council as regards quality and frequency of services to the tax-paying public by Kirklees. Looking back, how prescient those complaints were, as his local council staggers perenially from crisis to crisis. Not content with the council’s response, he attempted to raise issues in public meetings with both paid and elected officials. Unfortunately, Mr Bradbury’s persistence, and refusal to accept nonsensical answers from public officials, and detriment to his businesses, led, ultimately, to him being banned from all Kirklees Council buildings. Including libraries, wedding venues and sports centres.

In response, Mr Bradbury exercised his rights under the Data Protection Act and filed a data subject access request with the Council. In doing so, he discovered email correspondence between senior council officials, including Senior Legal Officer, Dermot Pearson, and another council lawyer who has since passed away, setting out that should Mr Bradbury’s “extreme behaviour” continue, they would take up the offer of Chief Superintendent John Robins, Kirklees Divisional Commander, whom had suggested that Mr Bradbury could be arrested for Breach of the Peace and “locked in a cell for a couple of hours while he cools down”.

Sure enough, a short time after that email exchange, Mr Bradbury, was indeed arrested and locked up for a few hours. He was, of course, released without charge. Robins was recently promoted, for a third time since that incident, and now heads up the force as Temporary Chief Constable, a matter that should concern every law abiding citizen in the county, based on this account. 

It is fair to say that Mr Bradbury, a man of exemplary character, did not ‘cool down’. He was, in fact, incensed by what appeared to be a pre-planned, but unlawful, conspiracy between the police and the council, and was not prepared to take this lying down.

Mr Bradbury decided to make a video film compilation that would chart his experiences with both the council and the police and, as such, appeared outside both council and police buildings, with his camera, taking photographs and filming with purpose, and intent, of exposing the police as (he sees it) “thugs”. This, ultimately, resulted in a YouTube channel being created. It is titled ‘West Yorkshire Police Action‘ and can be viewed here.

In its first four weeks after launch, unheralded, WYPA received over 500,000 views. In the twilight of a successful and varied business career, Mr Bradbury had fallen backwards into successful film production outlet. Over 80% of those making comments were supportive of Mr Bradbury, or critical of the appalling conduct of the officers . This video clip has received over one million views alone. The damage to public confidence in the police service is incalculable:

PC Cook was working for WYP at the time of this incident. He transferred to South Yorkshire Police a relatively short time afterwards.

As retired chief constable Andy Trotter, Communications lead for the Association of Chief Police Officers (now National Police Chiefs Council), advised all other chief constables in August 2010 “there are no powers prohibiting the taking of photographs, film or digital images in a public place.

Unfortunately, that very simple and direct statement didn’t get through to West Yorkshire Police, whose officers took a significant dislike to Mr Bradbury and his perfectly legitimate, commercially successful, if unconventional, film-making activities. Neil Wilby lodged a complaint, in 2013, with the Police and Crime Commissioner against two chief constables, Norman Bettison and Mark Gilmore, concerning their failure to circularise officers about the NPCC’s directive. It was proved that they hadn’t done as required by ACPO, but the PCC, Mark Burns-Williamson, decided not to uphold the complaint and took no action.

To compound matters, Mr Bradbury is aware of his right not to have to answer any police questions, or provide his name and address; a well established principle illustrated by the case of Rice and Connolly in which the then Lord Chief Justice, Hubert Parker, ruled in the following terms: That police had no power to insist upon answers to their questions, or to detain Mr Rice while they checked up on him: 

“It seems to me quite clear that though every citizen has a moral duty or, if you like, a social duty to assist the police, there is no legal duty to that effect, and indeed the whole basis of the common law is the right of the individual to refuse to answer questions put to him by persons in authority, and to refuse to accompany those in authority to any particular place; short, of course, of  arrest”.

And so, over a four year period, between July 2012 through to June 2016, Mr Bradbury was involved in numerous incidents with WYP officers where he was, variously, unlawfully detained, arrested, assaulted, and on one occasion, prosecuted.

It might usefully be pointed out, at this juncture, that Mr Bradbury, as at 2012, was 62 years old, small in stature (5′ 2″ tall) and light-framed.

It is for the police to establish that arrest, and use of force is lawful, and it soon transpired that, on every occasion WYP officers arrested Mr Bradbury (and different officers were involved in all seven incidents), not once could they prove that his detention, or arrest, was lawful. Either because detention and/or arrest lacked lawful authority, or because of the manner of arrest which, invariably, involved violence of varying degrees. 

On occasion, officers sought to arrest but failed, in breach of Section 28 of PACE, to advise Mr Bradbury that he was under arrest, or tell him the reason for the arrest. 

On other occasions, officers did seek to comply with Section 28 and advise Mr Bradbury that he was under arrest and sought to rely upon a variety of offences:  Breach of the Peace, Public Order and Anti Terrorism and yet, on the facts, no such offences had occurred .

One example is what happened on the afternoon of 31st January, 2013 when Mr Bradbury was outside the northern extremity of WYP headquarters, on the public highway, but close to the exit barrier from the car park.

At the time, Mr Bradbury was in possession of a handheld digital camera and a Go-Pro digital mini camcorder, resting on his chest.  A vehicle passed through the exit barrier, driven by DC Shaun Hurd.  As the vehicle of DC Hurd approached, Mr Bradbury took a series of photographs of the car.  DC Hurd drove through the exit barrier stopped his vehicle and then alighted, asking what Mr Bradbury was doing.  Mr Bradbury responded that he was minding his own business and doing nothing wrong. 

West Yorkshire Police’s Detective Constable Shaun Hurd assaulting Stephen Bradbury and unlawfully arresting him. WARNING: Some may find violent content distressing.

As Mr Bradbury was stood recording the unfolding events, DC Hurd turned towards his vehicle, removed a digital camera and took a photograph at close proximity of Mr Bradbury.  As Mr Bradbury explained that he in turn would photograph the lollipop-sucking detective, DC Hurd moved towards him and attempted to snatch the camera from his grip.

Mr Bradbury was then grabbed by DC Hurd and told that he was under arrest for conduct likely to cause a breach of the peace.  DC Hurd forced Mr Bradbury up against an adjacent brick wall, with his arm held tightly up behind his back. 

Mr Bradbury challenged DC Hurd as to the reason for his arrest, specifically what basis there would be to suggest a breach of the peace. DC Hurd (perhaps unaware that the arrest was being recorded) suggested that it was because Mr Bradbury had attempted to get into his car, which was manifestly untrue.  Mr Bradbury, quite correctly, denied this to be the case.  DC Hurd then falsely suggested (on more than one occasion) that Mr Bradbury had put his camera inside of his car.

Another officer, Detective Inspector Damian Carr from the force’s Professional Standards Department, then arrived on the scene and, after a private conversation with DC Hurd, Mr Bradbury was de-arrested and permitted to go on his way.

DI Carr, of whom, it is fair to say, had a chequered history in his role as a PSD officer, made no attempt to hold DC Hurd to account, either on the day or, subsequently, throughout an elongated complaints process.

Was Mr Bradbury guilty of causing a Breach of the Peace?

Breach of the Peace is a common law concept which confers upon police officers the power to arrest, intervene or detain by force to prevent any action likely to result in a Breach of the Peace.

A Breach of the Peace will occur whenever harm is done, or is likely to be done to a person, or in his presence to his property, or, whenever a person is in fear of being harmed through an assault, affray, riot or other disturbance.

An arrest may be made where a Breach of the Peace is being committed, or has been committed and there is an immediate need to prevent a further breach, or where the person making the arrest has a reasonable belief that a breach will be committed in the immediate future.

The courts have held that there must be a sufficiently real and present threat of a Breach of the Peace to justify the extreme step of depriving the liberty f a person who was not at the time acting unlawfully.

While a constable may, exceptionally, have the power to arrest a person whose behaviour is lawful but provocative, this power ought to be exercised only in the clearest of circumstances and when he is satisfied on reasonable grounds that a Breach of the Peace is imminent.

There was clearly no basis to arrest Mr Bradbury, and his arrest and detention were unlawful. As the arrest was unlawful then it is clear that DC Hurd seriously assaulted Mr Bradbury. The errant detective faced no charge, or disciplinary proceedings, in the face of the clearest of evidence.

Sometimes the reasons given to arrest Mr Bradbury changed upon either reflection, or advice, from more senior WYP officers.

On 7th December, 2012, Mr Bradbury was again situated at the rear of West Yorkshire Police headquarters, on the public highway, a short distance from the car park.

Pursuing his film-making ambitions, Mr Bradbury was engaged in taking photographs of police officers and vehicles.

Unbeknown to Mr Bradbury, information as to his whereabouts, and activities, had been reported to the WYP Control Room and, in consequence, Detective Constable 4613 Edwards decided to approach Mr Bradbury.

DC Edwards requested an explanation for the activity of Mr Bradbury which the latter, quite rightly, refused to give. When he then attempted to walk away, the bullying detective proceeded to grab him by the arm to prevent his movement. DC Edwards stated that Mr Bradbury would be conveyed to a nearby police station, without confirming that he was under arrest, or the reasons for his detention.

DC Edwards proceeded to escort Mr Bradbury to the local police station.  Upon his arrival, Mr Bradbury  was produced before the Custody Officer, Sergeant Knight, who had met him previously

The interaction was recorded on the custody CCTV camera.  The following is a transcript of the conversation between Mr Bradbury, the arresting officer and the custody sergeant.

Mr Bradbury  – Could you tell me for what reason I’ve been arrested, you haven’t err explained.

Police Officer – To establish who your details are cos you haven’t told us who you are.

Mr Bradbury – Am I obliged?

Police Officer – To establish who you are and what you’re doing.

Police Officer – Sergeant I’ve arrested this man cos he was stood outside the back door of Wood Street not Wood Street Headquarters.

Mr Bradbury – Laburnum Road

Police Officer – Taking pictures of vehicles exiting the premises and people exiting the premises and I’ve approached him and asked him why, he’s refused to answer and he’s refused to give me details.

Police Officer – I don’t know if he’s a member of an organised crime group or terrorist or whatever.

Mr Bradbury – Let me take me coat off it’s getting warm.

Police Officer – So I arrested him for something, sergeant.

Custody Sergeant – Ok, right, do you want to just give me a second out back for a moment please.

(and with this the custody sergeant escorted DC Edwards away from the spotlight of the camera, into a back room, where no doubt he challenged the detective as to what had occurred outside and, it is strongly suspected, coached DC Edwards to provide a more ‘reasonable’ basis for arrest than ‘terrorism’. Indeed a few minutes later, both sergeant and the arresting officer returned and all became clear ………..)

Custody Sergeant – Right the officers …hmm.. told me the circumstances with regards to you being brought to the police station, the fact is that you’ve been arrested for breach of the peace okay.  Hmm….

Mr Bradbury – Could I ask some questions please?

Custody Sergeant – You certainly can.

Mr Bradbury – Right how do you come to breach of the peace when I’m stood there not err I’m sure these people have realised that I’ve not uttered one word of bad language.

Custody Sergeant  –  No not in not in here sir no but

Mr Bradbury – Not

Custody Sergeant – err obviously at the…, at the…, at the……..

Mr Bradbury – Is this man accusing me of using bad and threatening behaviour outside?

Custody Sergeant – No, you’ve been …err… argumentative and obstructive with obviously there was there was a breach

Mr Bradbury – But but I’m not obliged to

Custody Sergeant – there was some concern that there be other offences …err… as well so initially the officer brought you in for a breach of the peace.  I’ve checked with the……..

Mr Bradbury – Sorry that’s not correct.

Custody Sergeant – Okay well you you can agree, or disagree

Mr Bradbury – he mentioned okay well I’d like it recorded please

Custody Sergeant – with me as you wish

Mr Bradbury – that he mentioned terrorism.

Custody Sergeant – “Yes that’s no problem I’ve made enquiries with the Counter Terrorism Unit ….hmm…. they’ve …err… confirmed with …err… for me that there’s ..err.. no ..hmm… incidents that of note where you are linked to terrorism or anything like that , there’s no offences that they’re …hmm… they would like to speak with you about so therefore with regard to any criminal side at all there is no criminal offences that you’re here for.” 

Mr Bradbury was promptly released from custody, by Sergeant Knight, as it was clear that even the alternative justification for his arrest – ‘Breach of the Peace’ – was without any foundation. 

Following a subsequent investigation into the incident, DC Edwards ‘clarified’ his version of the arrest circumstances.

In response to a call regarding a man stood at the rear exit photographing vehicles leaving the police car park, he walked to the barrier and saw Mr Bradbury holding a compact camera. The detective (the term is used loosely) claimed he approached Mr Bradbury, identified himself and asked what he was doing.  Mr Bradbury refused to provide an answer and asked what it had to do with him, (DC Edwards). 

Mr Bradbury again refused to account for his actions whereupon DC Edwards told him he was under arrest unless he provided an explanation and his details.  Again, Mr Bradbury refused.  DC Edwards then advised Mr Bradbury he was under arrest for offences under the Terrorism Act 2006.

On challenge, DC Edwards explained that he did not know under what specific section of the Terrorism Act under which he had arrested Mr Bradbury, but that it was on suspicion of the preparation of a terrorist act.

This is, actually, covered by Section 5 of the Terrorism Act 2006, which provides as follows –

Section 5  Preparation of terrorist acts

(1) A person commits an offence if, with the intention of—

(a) committing acts of terrorism, or

(b) assisting another to commit such acts,

he engages in any conduct in preparation for giving effect to his intention.

(2) It is irrelevant for the purposes of subsection (1) whether the intention and preparations relate to one or more particular acts of terrorism, acts of terrorism of a particular description or acts of terrorism generally.

(3) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.

As will be noted, this is a very serious offence which carries a maximum sentence of life imprisonment. To my mind, it is utterly ridiculous that Mr Bradbury was arrested under this law. Section 5 of the Act is intended to encompass such activities as travelling abroad to Syria to join jihadist groups, financially supporting terrorist organisations such as ISIS, or involvement in a bomb making plot.

It was utterly draconian to attempt to utilise this section of the law to justify the arrest of Mr Bradbury, for what was in reality the non-offence of “refusing to answer an officer’s question”, or indeed “infringing the officer’s sense of power” which I suspect was what was really motivating DC Edwards. Rather than any genuine belief that he was, in Mr Bradbury, confronting a ‘terrorist’. I think this is confirmed by the custody sergeant’s apparent attempt to get DC Edwards to change his ‘script’, as to the reason for arrest, to something that did not seem so obviously outrageous.

There is in fact an offence under Section 58A of the Terrorism Act 2000 which is designed to prevent the eliciting, publication or communication of information about members of the armed forces or police, where such information is designed to assist an act of terror. However, the Metropolitan Police’s own guidelines on this law state very clearly that “It would ordinarily be unlawful to use section 58A to arrest people photographing police officers in the course of normal policing activities” , unless there are further grounds for suspecting that the photographs were being taken to provide assistance to a terrorist.

There is also a power under section 43 of the 2000 Act which allows officers to stop and search anyone who they reasonably suspect to be a terrorist; this would certainly have been a less draconian action for DC Edwards to have taken against him (a simple search rather than an arrest) but he chose not to do so; and it is suggested that this was because he did not really think Mr Bradbury was a terrorist at all, but was just looking for a reason to arrest a man who was – in the officer’s eyes – being ‘disobedient’  or ‘disrespectful’ to him.

In my view, it is absolutely right that Mr Bradbury should take a stand against such egregious behaviour as demonstrated by DC Edwards. Individual liberty – and the right not to have to ‘produce your papers’ when challenged by a police officer, or to refuse to answer an officer who is questioning you because he doesn’t like your face (as it were) – is one of the hallmarks of British democracy, as opposed to a dystopian police state such as existed in Eastern Bloc countries not so very long ago. 

The stretching of powers granted under the Terrorism Act to encompass the harmless if eccentric – even, perhaps, bizarre and annoying – behaviour of individuals such as Mr Bradbury is something which we must absolutely guard against, lest it become a matter of routine for the police to use ‘terrorism’ as a catch-all excuse to arrest anyone they don’t  like, who hasn’t committed any specific ‘proper’ offence; although this is a much more extreme example, look at a country like increasingly authoritarian Turkey, where anti-terrorism powers are used as a matter of routine to justify the arrest of opponents of the government (including journalists and lawyers).

The powers of arrest granted under the various Terrorism Acts must not be taken lightly; and we all, as citizens, journalists or lawyers, have a duty to ‘police the police’ if individual officers attempt, either deliberately, or because they don’t fully understand the law, to misuse those powers. Regrettably, this happens all too often when dealing with West Yorkshire Police.

This is exactly what Mr Bradbury chose to do, by bringing civil claims against WYP for the no less than seven occasions he was unlawfully arrested as described above, or in very similar circumstances. Having threatened the police with litigation, Mr Bradbury’s solicitor, Iain Gould of DPP Law in Bootle, persuaded the police to the negotiating table and a sum of £13,500 in damages was secured for Mr Bradbury, plus recovery of his firm’s costs. Iain is one of the leading police complaints lawyers in the country and was also one of the first in the legal profession to report outcomes of cases on his own widely-read website (read here). 

What will probably prove of even more value in the long term, is the lesson the police have, hopefully, learned from this, and other similar actions police action lawyers have brought on behalf of their clients – not to overstep their powers of arrest, and to ensure that their officers keep their tempers in check, and properly understand the law of the land which they are charged with upholding.

*Clarification* West Yorkshire Police have two officers with rank, name of “DC Edwards”. One based in Wakefield, one in Bradford. The latter was invited to provide the given names of both, as was the police force press office, so as to eliminate doubts as to whom the detective interacting with Mr Bradbury actually was. No response was provided from either.*

Page last updated on Monday 1st April, 2019 at 1255hrs

Picture credit: Stephen Brabury; West Yorkshire Police in Action YouTube channel

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

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

© Neil Wilby 2015-2019. Unauthorised use, or reproduction, of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from, and links to, the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

If at first you don’t succeed

At the beginning of October, 2018 an exclusive article on this website foretold the retirement of the chief constable of West Yorkshire Police (read here).

Dee Collins did not respond to a private message sent to her, as she had done previously when the topic first surfaced earlier in the year. But the WYP press office reluctantly confirmed the previously concealed fact that she was joining the College of Policing, to oversee a three month training course at their Ryton headquarters, beginning in January, 2019.

The press office, again after being pushed, also confirmed the exclusive news that John Robins would take over temporary command of the force, together with the details of the senior office re-shuffle that would follow.

They denied she was retiring. But pressed a second time on the basis of the strength of the intelligence that she was, there was no response. Instead a lengthy statement was given, by Collins, to Bradford’s Telegraph and Argus, one of a number of ‘tame’ local newspapers in West Yorkshire that is content to provide an all in the garden in rosy public relations service on behalf of the area’s police force.

The T&A article (read here) included this gem: “Although I will be working out of Force, I will keep a keen eye on what is happening in West Yorkshire and contrary to rumours I have seen circulating on social media, I will be returning to my post following secondment!”

At the time, a well-placed BBC source was of the view Collins would ‘return from the College in April, 2019, say her goodbyes, and retire in May’. Other police sources, close to a number of senior officers, said the chief would not return after she left in December, 2018. All those sources are usually well informed.

She would reach 32 years service shortly after the Ryton trip and could choose to leave with a huge lump sum and a yearly pension in excess of £80,000.

Also, the chief constable role in one of the country’s largest police forces has, in all truth, proved beyond her. It would be a sensible time to exit before her personal standing diminishes amidst a further wave of negative publicity for WYP. She survives in the job, largely, because of a woefully weak, and compromised, police commissioner who provides zero effective oversight. Mark Burns-Williamson and Dee Collins are well matched, of that there is no doubt, but the evidence shows that is not to the benefit of West Yorkshire precept payers.

As an experienced police officer, the latter ought also to be aware of the perils of relying on a PCC that applies Grecian 2000 to his hair, usually a reliable indicator of a man who is not what he seems to be. The vain Burns-Williamson appears to have ceased the practice since it was drawn to the wider public’s attention on social media.

That apart, being an amiable, praise-showering, selfie-loving individual and a diversity, equality champion in the wider police service, doesn’t cut it when the force is engulfed in scandal after scandal that Collins appears, or claims, to know nothing about. But deploys precious police resources smearing, and attempting to criminalise, her critics – and spending grotesque sums on PR stunts, and pointless campaigns, to paper over the cracks.

One of the policing command units over which she is routinely effusive is Kirklees. She recently promoted one ex-Divisional Commander to temporary chief (Robins), another to assistant chief (Tim Kingsman) and the most recent (Steve Cotter) to head the prestigious Leeds Division. Yet, Huddersfield is now officially rated the worst place to live in UK. Gun and knife crime are out of control, and lawless gangs give the town the look and feel of The Wild West. Top that off with industrial scale child rape, and trafficking, in the town that WYP, in concert with the local council, chose to cover up and the disconnect between Collins’ blue sky world, and reality, may be readily apprehended.

Regrettably, much the same can be said about WYP’s Bradford Division.

Her flawed judgement of the strengths and weaknesses of other subordinates is also concerning. Regular promotions for such as Robins, Nick Wallen and Osman Khan, both now chief superintendents in key roles, Mabs Hussain, now a controversial ACC appointment at Greater Manchester Police (read more here) bear this out. She also has Angela Williams in her command team, as an ACC, who doesn’t, it is said, have the full confidence of the rest of her fellow senior managers. These are the highest profile examples of a larger number that set alarm bells ringing.

In the event, Robins took over as West Yorkshire Police chief at the beginning of December. The reason for the discrepancy in their press office statement has not been made clear.

Other disclosures obtained via freedom of information requests reveal a further curiosity: The College of Policing are at pains to avoid the term ‘secondment’ for the period Collins will be acting as Course Service Director for the 2019 cohort of the Strategic Command Course (SCC). She is on a ‘flexible attachment’ they are at pains to say. Which appears, taken at its face, to be a device designed to avoid entering into a formal Central Service Secondment agreement. The sharp-eyed will have noticed that the chief constable described it as a ‘secondment’ in her gushing quotes to the T&A. In fact she refers to ‘secondment’ twice. So there can have been no mistake. Especially as Mike Cunningham, the chief executive at the College also refers to ‘secondment’:

“To have a Chief Constable of Dee’s standing in this role reinforces the importance of the course in the development of the future most senior leaders of the Service. I would like to thank both Dee for this commitment and Mark Burns-Williamson, West Yorkshire Police and Crime Commissioner, for supporting Dee’s short secondment to the College of Policing to deliver the course.”.

No mention there of her becoming WYP chief constable because not one other senior police officer in the country could countenance working for PCC Burns-Williamson after the Norman Bettison and Mark Gilmore debacles, in which both former chiefs complained bitterly of betrayal by their PCC. one in a book and the other at the Royal Courts of Justice.

The SCC is an essential stepping stone for officers wanting to progress from chief superintendent to rank of assistant chief constable. Mabs Hussain was a successful candidate in the 2018 version.

Some might say Director of the latest renewal of the testing two module course is a perverse appointment for one who took four attempts to pass her sergeant’s exams and five applications (she says three) to progress from ACC to deputy chief. But, as it appears she was the only candidate for the SCC supervisory role, and a feverish, happy-clappy networker, maybe it is not so strange, after all?

It is, also, worth recalling that Collins was the only candidate when appointed to chief constable at WYP, and Hussain was the only candidate for his new posting at GMP. As was his new chief constable, Ian Hopkins.

A College of Police spokesperson has provided this response to a request seeking confirmation as to whether the WYP chief freely applied for the job of her own volition, prior to the closing date of 10th August, 2016, or was encouraged to ‘apply’ afterwards in absence of any other candidates. An increasingly recurring, and troubling, theme in policing circles.

“There was an open and publicly advertised application process for the role of Course Service Director for the 2019 Strategic Command Course. Chief Constable Dee Collins submitted her application prior to the original closing date and was successful. We are delighted to have a Chief Constable of Dee’s standing and experience to lead the course.”

Looking at the letter inviting applications from Mike Cunningham, disclosed by way of a freedom of information request made by Mr Edward Williams, via the What Do They Know website (read in full here), it could not be described as ‘open and publicly advertised’. It appears to have been sent to the 40, or so, eligible chief constables in the UK. No-one else.

The good news, however, is that the College are reimbursing WYP in full for her salary costs, benefits, expenses and overtime whilst she is deployed there. A question that PCC Burns-Williamson declined to address when the issue of the departing chief constable was put to a meeting of his Police and Crime Scrutiny Panel on 9th November, 2018. It also seems that neither the Panel Secretariat, nor any of its Members, were aware of the Memorandum of Understanding (MoU) which was, allegedly, signed three weeks before on 19th October, 2018.

“The Panel saw the benefits of the Chief Constable working in this role and the learning that she will bring back to West Yorkshire as positive”, said a PCP spokesperson. “There was no specific question asked of the PCC regarding the Chief Constable’s remuneration”.

Backdating correspondence, documents is a persistent, and highly disconcerting, habit within WYP and the PCC’s office, so no reliability can be attached to the date on the MoU, absent of disclosure of collateral documents.

Dee Collins has been made aware of this issue many times, and has even indulged herself on one occasion, but does nothing whatsoever to address it. As she fails to do with so many other ethical, professional transgressions of her favoured clique. Which does sit easily with her appointment as Course Director of a group of future police leaders.

It is not known, at present, if Dee Collins retains her other key position as Air Operations Certificate Holder with the troubled National Police Air Service during her flexible attachment. Her head-in-the-sand management style was largely responsible for the recent, and highly publicised, removal from post of the NPAS chief operating officer (read more here). Another exclusive broken on this website.

NPAS was also the subject of scathing criticism in a report published by Her Majesty’s Inspector of Constabulary in November, 2017. It cited ‘inept management’ as a key issue to be addressed. The two most senior figures in NPAS are, unsurprisingly, Collins and Burns-Williamson.

A request for confirmation of Ms Collins’ continued tenure has been made to the NPAS press office. Aresponse is still awaited.

Page last updated on Saturday 21st December, 2018 at 2020hrs

Picture credit: Wakefield Express

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 2015-2018. 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.

 

When the ‘cover-up’ becomes the story

Hi, Mabs. Ian Hopkins speaking.”

So began the search for a new member of the most troubled command team in British policing. Even before the post was advertised. In footballing parlance, Chief Superintendent Maboob “Mabs” Hussain from the neighbouring West Yorkshire force (WYP) had been “tapped up”.

Hopkins, the Greater Manchester Police (GMP) chief constable, ultimately, and he thought seamlessly, secured the transfer of Mabs from a rival team across the Pennines. Even though the tapping up did cause some discomfort within the GMP command team, emails disclosed under the Freedom of Information Act reveal.

The phone call was made on the same day that Hopkins and his deputy, Ian Pilling, claim they decided that another assistant chief constable was needed to bolster their dwindling team: 19th July, 2018. But no notes in day books were made, no meeting or briefing notes, no team discussion, no decision rationale, no disclosable data at all. Just a spur of the moment, informal discussion it seems.

It also appears that the police and crime commissioner was not consulted, either, as required by law.

But, those not so minor issues apart, all seemed fine and dandy; slick dresser Mabs had got a promotion, some might say well-deserved, and a pay rise of around £40,000, including benefits; Hopkins had been able to disguise the fact that no other senior police officer in the country wanted to work for him AND he had a black minority ethic (BAME) face in his leadership team, to underscore his commitment to the police service’s obsession with diversity. Smiles and handshakes all round.

Except that Hopkins had the dubious distinction of having, at that time,  TWO disgraced assistant chief constables on long-term absence from the force, with neither expected to return. The cost to the taxpayer was around £250,000 per annum. Which, in terms the man, or woman, on the crime-riddled, poverty-stricken streets of Manchester might understand, would pay for ten bobbies on the beat. Or, more than adequately feed fifteen families of five for a year.

The first of those, ACC Steve Heywood, is presently awaiting a charging decision from the Crown Prosecution Service (CPS) after an investigation by The Independent Office for Police Conduct (IOPC, but perhaps better known as the IPCC). The latter said, in May 2018:

“Our investigation looked at the evidence given by ACC Steven Heywood at the [Anthony Grainger] inquiry, particularly in relation to how he recorded information in his police (sic) log book.

Heywood has been dogged by other major policing scandals since his full promotion to the command team in April, 2013. He had been in a temporary ACC role for eighteen months prior. He has been absent from the force for eighteen months on full pay. Again, a six figure salary plus benefits.

On 14th November, 2018, after almost a week of rumours swirling around social media, news was released to the press, by GMP, of Heywood’s retirement. Apart from his own failings, that led, at least in part, to the needless death of Anthony Grainger, Heywood has always sought to conceal his role in the handling of notorious villain, Dale Cregan, who eventually, and tragically, shot and killed two young Manchester police officers. The subsequent, and some say, contrived, sale of Heywood’s house also developed into a murky scandal centred around whether he was at risk from Cregan, at the time locked up in the Category AA wing (known as The Cage) of Strangeways jail. The artful financial wangling was followed by the inevitable, long-running, multi-layered GMP ‘cover-up’. The troubled ACC was also Head of Public Protection in GMP for at least some of the period covered by the Rochdale grooming scandal. The vexed question of ‘who knew what’ within the police force is presently being addressed via an inquiry run by the Greater Manchester Mayor.

The infamous ‘Boobgate’ scandal claimed the second of the miscreant ACC’s: Rebekah Sutcliffe, whom many believe owes her continued, if pointless, place in the police service to the astute advocacy of John Beggs QC. Who, somehow, managed to persuade a disciplinary panel, that included Sir Thomas Winsor, Her Majesty’s Chief Inspector of Constabulary, to conclude proceedings with a written warning, rather than dismissal. A remarkable achievement, in the light of the allegations against her and a previous chequered history with the force. Sutcliffe, who infamously told colleague, Superintendent Sarah Jackson, that she would be “judged on the size of her tits” is presently seconded to Oldham Metropolitan Borough Council, where she is overseeing a project to encourage exercise, healthy living and healthy eating (watch short video clip here) . A demeaning ‘non-job’ costing taxpayers £109,000, plus benefits, per annum. She was reprimanded in 2010 for trying to pull rank and gatecrash a Labour party conference hotel, to attend a drinks junket, when she had no accreditation to enter the secure site. There was also an IPCC ivestigation into her failure to declare a relevant relationship with chief superintendent, Paul Rumney, when chairing a disciplinary panel. Rumney, never far from controversy himself, was Head of GMP’s Professional Standards Board at the material time, thus creating a clear conflict of interest. That neither, oddly enough, appeared to notice at the time.

49 year old Sutcliffe’s secondment to Oldham council was due to end in September, 2018, but a spokesperson for the latter recently told Police Oracle: “There is no agreed end date for the secondment at this time. Rebekah is still the Strategic Director of Reform”. GMP refused to comment on if, or when, she would be returning to the force. It is believed she has five years of police service remaining before she becomes eligible for retirement. Her biography has been deleted from the GMP chief officer team webpage.

At a time when the police service cannot give away deputy and chief constable roles, another ACC, Debbie Ford, recently secured a rare neutral-rank transfer from GMP back to her former force, Northumbria Police (read here). Having told at least one former senior colleague, retired superintendent Pete Jackson, she was uncomfortable with being associated with scandal after scandal that routinely engulfs the force. As the former murder detective wryly observes: “Challenging the unethical, unprofessional conduct of her peers was an option she might have considered, rather than heading for the exit door”. There may be other personal, or professional, reasons why Ford left GMP, of course. But, if there are, the public is in the dark. Ford joins Sarah Jackson as a GMP departee, after the latter also sought a transfer from the troubled Manchester force to the less demanding rural acres of Cumbria.

Garry Shewan was another who walked away from an ACC role in the UK’s fourth largest force, doing a ‘moonlight flit’ as GMP’s £27 million iOPS technology upgrade, for which he had portfolio responsibility, crashed and burned. The budget for the project is believed to have roughly doubled and, incredibly, Shewan claims credit for a £60 million IT project on his LinkedIn profile.. “Honest Cop” Shewan, like Heywood and Sutcliffe, had also been dogged by scandal over the previous four years as both the author of this piece, and an increasing number of well respected police whistleblowers, rounded on him and exposed a number of troubling, alleged misdemeanours. Some of them very well evidenced. In one particular case, that resulted in the controversial, and many say unjust, dismissal of a junior officer, ex chief constable Sir Peter Fahy allowed Shewan to investigate complaints about himself. They had been made by the discipline lead of the local police federation, no less. In another case, Shewan wanted to manage a conduct complaint about him outside the statutory framework and through a restorative justice process in which he was the controlling influence. He had admitted giving a misleading statement about knowledge, or otherwise, of an investigation being carried out by Fahy into another chief constable, Lincolnshire’s Neil Rhodes. The issue being that Shewan had withheld crucial information that could have significantly informed that probe. The Operation Redbone outcome was significantly flawed as a result.

Hate crime champion, Shewan, was also not slow to complain about feeling ‘harassed’ when tackled about his conduct.

Yet another Manchester assistant chief constable to head for the exit door, as trouble rained down on him, was Terry Sweeney. His retirement triggered an angry response from the Independent Police Complaints Commission (IPCC, now IOPC).  He was under investigation by the IPCC for two separate allegations, after being served with a gross misconduct notice in relation to the disposal of body parts by GMP from victims of the notorious Harold Shipman. In addition, he was served with a criminal and gross misconduct notice in respect of his role in an allegedly poorly-handled investigation into a now-convicted child sex offender, Dominic Noonan. Sweeney was also involved in the alleged ‘cover-up’ of the unauthorised bugging of offices, occupied by senior leadership team members, by Superintendent Julian Snowball, who had purchased equipment for his illegal activities on the internet. Terry Sweeney was also formerly a Commander of GMP’s Rochdale Division and is yet another part, however small, of the ‘who knew what’ police mystery concerning child sex abuse in the town.

One of Sweeney’s sycophantic clique, during this troubled period, was Detective Chief Inspector (as he was then) John Lyons, latest holder of the poisoned chalice that is Head of Ethics and Standards at troubled Cleveland Police. Lyons is remembered well by former GMP peers for a discreditable, unpleasant, early morning drunken incident in Bolton town centre, in which subordinate officers were verbally abused. Sweeney is said to have smoothed the path so that his friend faced no meaningful sanction.

The IPCC Commissioner overseeing the Sweeney investigations, said at the time: “Greater Manchester Police has informed the IPCC that ACC Terry Sweeney is retiring on 31 October, 2014. The IPCC cannot prevent that happening, but we have been assured that ACC Sweeney will cooperate with our investigations after his departure.

“A police officer resigning or retiring when they are subject to investigation does not serve anyone’s purpose and can frustrate our investigations leaving important questions unanswered. Such a practice can only be damaging to public confidence in policing. We will continue pursuing all lines of enquiry before publishing our findings and evidence so that the public can decide for themselves.”

Sweeney faced no further action. Strangely, the IPCC report can no longer be located on their website.

Against this alarming, and continuous, backdrop, Chief Constable Hopkins has also been under heavy siege for the past twelve months, as a series of national newspaper front page splashes, in depth exposés, and a call for a public inquiry, has kept both him, and his scandal-rocked force in the headlines. For all the wrong reasons, it must be said. He was also lambasted over the Boobgate scandal, and some squarely put the blame on him for not nipping Becky Sutcliffe’s drunken antics in the bar, whilst stood with her at the boozy women’s policing function. Instead he delegated that unpleasant, hazardous task to a subordinate, whilst he sloped off to enjoy another ‘freebie’ at a nearby luxury hotel (read more here). Which might readily explain why no-one wanted to work for him as an assistant chief constable and end up with a reputation tarnished in the manner of Heywood, Shewan, Sutcliffe or Sweeney. Or have to backtrack to their home force in the manner of Debbie Ford.

An independent observer might also conclude that, given the present circumstances, and sensing there may be even worse to come, you would have to be desperate to walk into that firestorm.

Nevertheless, Hussain took up the role of Assistant Chief Constable at GMP on 1st October, 2018. He was the only candidate who applied, after the approach from Hopkins, and it is said, the only candidate interviewed; although no documented evidence of such an event has been disclosed to the author of this piece, after what have been quite exhaustive enquiries: Two freedom of information requests (one each to GMP and WYP) concerning the appointment; enquiries made of both police force press offices; fairly lengthy correspondence with GMP Deputy Chief Constable (DCC) Ian Pilling and one way correspondence with WYP Chief Constable, Dee Collins. Whom, it must be said, has this unappealing, unethical, unprofessional, and repeating habit of burying her head in the sand at the first sign of trouble. Particularly, when it is one of her ‘favourites’ under scrutiny. Mabs was, most certainly, in that group.

Documents disclosed by WYP under FOIA reveal the usual inconsistencies. Collins claims the matter of Mabs’ ‘tapping-up’ on 19th July, 2018 by Hopkins and subsequent application to GMP, was first discussed amongst her own command team the day after he was appointed (4th September, 2018). The only record in her day book, she says, is on that same date and a copy has been disclosed.

Yet, Collins had assisted in Mabs’ application, in early August, to the extent that, in section 11 of the application form (a blank form can be viewed here) it was required to be completed by the applicant’s chief constable, she filled it in and sent it back to Hussain, via email, with the jolly message: ‘If it is not what you want, alter it to suit’. 

No note in her day book about that event. Or, if there is, it has not been disclosed. A retired WYP command team member has revealed that, under Dee Collins’ leadership, the priority is what to EXCLUDE from notes of their meetings, rather than maintain an auditable record.

Taken at its face, and by reference to the disclosures made, so far, by both forces, Hopkins did not contact Collins. Which, given the recent history of each of those two police forces covering up for the other, and the fact that they are neighbours, with a large shared border, is difficult to contemplate.

There is no documented record, either, of Mabs contacting his own chief constable, or vice versa, after the Hopkins phone call.

The fact it was public knowledge, broadcast by Collins, no less, that Mabs was in line for the next ACC role in his home force, where he had served his entire 22 year police career, simply adds to the intrigue as to why a popular, high achieving, Bradford council estate lad made good, would take such a risk with this move to GMP.

At the time of his appointment as ACC, this is what a gushing Mabs said on the GMP website: “I’m thrilled to have been given this opportunity. I have great admiration for the work GMP has done for some time, knowing they are a similar size to WYP and respecting the way they have responded to particularly challenging times over the years. Their commitment to public service and the demands I can expect to face in my new role were all things which appealed to me to join the GMP family.”

So, let us look at this statement in more detail:

He was certainly correct about being ‘given’ the opportunity. Gift-wrapped, with a ribbon on top.

But then his fresh-from-the-strategic-command-course-sycophantic-management-speak sets the alarm bells ringing (Mabs had successfully negotiated the necessary College of Policing test six months earlier):

Firstly, he does not explain what it is he admires about GMP that places it above his former force. Both have a dreadful history of covering up industrial scale child sex abuse Rochdale, Oldham, Bradford (Mabs’ home city for all his life), Dewsbury, Keighley, Halifax, Huddersfield, Manchester Curry Mile, Mirfield. Similarly, their failures to tackle volume crime, particularly burglarly, are legion. Both have gun, and knife, crime that is out of control. Is all this ‘the [GMP] commitment to public service’ to which he refers? But, moving on, both have professional standards departments and counter-corruption units that are perennially inept, and, arguably, corrupt. Both have ACPO teams, past and present, mired in scandal. Both have chief constables that are, quite plainly, out of their depth. Both have the unenviable reputation for outrageous, high profile cover-ups. So what is it that makes GMP ‘admirable’, one has to wonder: The debacle in the aftermath of the Manchester Arena bombing; the Operation Grantham stored body parts scandal; or a multi-million pound organised crime investigation that collapsed after allegations of police officer corruption? These three examples are drawn from a lengthy list that also includes Operations Poppy 1 and 2, and Operation Leopard, of which more will be heard in a separate articles.

Secondly, no-one who knows even a little about policing, or reads the national newspapers, or watches police documentaries on TV, or listens to radio programmes such as File on 4, could conclude anything other than, in its present form, run by Hopkins, Greater Manchester Police is a scandal-hit shambles. Perhaps Mabs, an alert thief-taker, missed all that?

Thirdly, he describes Greater Manchester Police as ‘a family’. The implication is happiness, cohesion and belonging. Which couldn’t be further from the truth. There is a rush for the exit door into careers such as train, or tram, driver;  officers count the hours and days to retirement; morale in the force is at rock bottom says the GMP Police Federation; faith in the leadership team is correspondingly low, and, so stressed are the frontline officers with the working environment, record numbers are calling in sick. Add to that the internal strife caused by over-promotion of on-message sycophants, who have never seen an angry man; obsessive internal witch-hunts conducted against officers prepared to call out wrongdoing, and then draw your own conclusions as to whether this den of skulduggery, and two-faced-gittery, is a family of which anyone sensible would really want to newly marry into. Especially, if it means uprooting your own family from an area in which you’ve lived all your life, and leaving an organisation in which you started your career, progressed at a pleasing rate, and have always been well regarded.

For his part, and at the same time, Chief Constable Hopkins said of his new recruit: “I’m delighted to welcome Mabs to the GMP family. He is an extremely experienced officer and he will help us to continue to drive the force forward”. Over a cliff, presumably? As for police ‘family’, Hopkins is on his fourth, having previously worked in three of the smaller county forces before making the quantum leap to Manchester in 2008.  Becoming chief constable of GMP, by default, in 2015, as no-one else applied for that job, either.

As one might expect, the Manchester Evening News (MEN), in what police whistleblowers say is their adopted role as the public relations arm of GMP, ran a ‘Welcome to Mabs’ puff piece, as Hussain gave his first exclusive ‘interview’, just one day after joining the force (read full MEN article here).

Despite controversy over the appointment, broadcast widely on social media, MEN avoided asking any difficult questions. It all had the look, and feel, of a pre-planned ‘corporate comms’ operation, with softball questions, and answers, agreed in advance, to avoid any embarassing issues surfacing, inadvertently.

There was, however, one interesting passage: Mabs was, presumably, well prepared when asked this question by award-winning MEN reporter, Neal Kealing:

– Is it true you and your family get stopped routinely when you fly abroad?

“Yes. I do get stopped regularly, in particular flying to the States – my brother lives in America – and I do visit him regularly. I have been taken off a flight, because they forgot to check me getting onto a flight, which was rather embarrassing. It does frustrate me. I can understand the reason for checking people who fit a certain age group, ethnicity, and profile. But it does annoy me that it is happening so often.

“As a result I did write to Homeland Security. The Director General replied saying they couldn’t confirm or deny if I was on any international list. I have what they call a redress number, which I can use when I fly, which they say should hopefully limit the level of inconvenience caused. You have to go with the flow.

“It is frustrating. But people have a job to do. Flying out of America I still get stopped. I usually get told my name has been flagged up, and to expect some delay. I don’t mind security checks, it shows we are taking terrorism seriously.”

Even more interestingly, Mabs was not asked these questions by “Killer”, as Kealing is known to friends and colleagues:

– What, or who, persusaded you to apply to join GMP?

– Why uproot your family and leave a force where you have served all your career?

– Was the competition for the job, and the interview, tough?

– Are you concerned about the welter of bad publicity that has engulfed GMP recently, particularly in The Times and The Sunday Times, and on BBC television and radio?

– What do you think of two serving ACC colleagues being removed from the force? One of whom may be facing criminal proceedings and the other who brought national shame and ridicule on GMP and the city of Manchester.

– Are you concerned about another ACC retiring in what was, effectively, a moonlight flit after grotesquely failing on a major infrastructure project?-

– Has this poisoned chalice been handed to you?

– Have you questioned why and how the ACC vacancy arose?

– Have you spoken to ACC Debbie Ford about why she left?

– Joining from another force that has history of ‘problem’ senior officers (Norman Bettison and Mark Gilmore being very high profile examples), has this better equipped you to deal with a low calibre command team such as GMP?

– Will you robustly challenge inappropriate conduct of senior colleagues. Or look the other way, or walk away, as is the tradition in GMP?

– Were you asked in interview about the persistent allegations, circulating on social media, made by WYP whistleblowers against you?

– Have you been asked by either Mr Hopkins, or Mr Pilling, about them since you joined?

– Is there any truth in those allegations? Which include the proposition of failing counter terrorist unit vetting for a number of years.

– Were the whistleblower allegations robustly, and thoroughly, investigated by WYP, before you left, so that the air could be cleared and you could deal with any residual issues. If, indeed, there are any at all, on your application form and vetting declaration?

Whilst the MEN was giving Mabs the VIP treatment, Questions were being asked, by two investigative journalists, of the police press offices in Manchester and West Yorkshire about the allegations against Mabs. One of which, it is said, has been the subject of a complaint made by a serving WYP superintendent (also served as a detective chief inspector in professional standards for several years) and close working colleague.

Essentially, (i) have they been investigated – and (ii) what was the outcome?

Straighforward enough, and not at all unreasonable to expect honest answers from two of the country’s law enforcement agencies. But, no, all questions have been glibly deflected by both press offices, to both journalists, in a manner that seemed calculated to cause further exasperation.

Both those journalists, the author of this piece and the BBC’s Neil Morrow, readily accept that, if the wall of silence is maintained by both police forces, it is almost impossible to get to the truth of the issue of whether an investigation took place, or not. But, it can be said, with some certainty, that had one taken place, and cleared Mabs, then neither force would have been slow to trumpet that fact; discrediting the whistleblowers and those adopting their cause.

There has been email correspondence between Ian Pilling and Neil Wilby that appears to confirm that no checks have been made by GMP over the vetting issue and they had not asked, as of 14th September, 2018 any questions of WYP, at all, concerning the allegations against Mabs. The announcement of his appointment as the new GMP ACC had been made ten days earlier. The following day, 5th September, 2018, Pilling was passed, in strict confidence, correspondence between Neil Wilby, the WYP press office and Dee Collins dating back to January/February, 2018. The serving superintendent is copied into that correspondence. Which is shortly after the latest of the alleged incidents concerning Mabs. DCC Pilling cannot claim not to know the identity of that officer.

The official GMP line, says Pilling, is that if there has been any allegations concerning misconduct, during his service with WYP, then they were matters for the Appropriate Authority of that force, Chief Constable Collins, to deal with, not himself or Ian Hopkins. He was confident such an investigation would have been undertaken, but was not going to ask the question – and still hasn’t, on the evidence available. On 14th September, 2018, DCC Pilling says that he forwarded the concerns over the allegations to the West Yorkshire chief constable.

Following freedom of information request to both GMP and WYP, it appears that Ian Pilling did NOT contact Dee Collins, by email or letter, at least, to make enquiries as to whether that investigation into Mabs did, in fact take place. He didn’t contact DCC John Robins or Head of Professional Standards, Osman Khan, either. Neither did Ian Hopkins, nor his own Head of Professional Standards, Annette Anderson, contact any of the WYP officers named here.

It was also established, from the disclosure arising from those same requests, that there appears to have been no contact between any of the same three GMP senior officers and either the College of Policing or the National Police Chiefs Council, concerning Mabs’ appointment or any vetting concerns. The College’s senior selection team were made aware in January, 2018 of the whistleblower concerns, but no email correspondence between the College of Policing and either WYP, or GMP, has been disclosed upon request.

Dee Collins begins a three month secondment to the College of Policing in January, 2019.

A separate information request to the Greater Manchester Combined Authority seeking disclosure of correspondence between the de facto police and crime commissioner, Deputy Mayor of Manchester, Beverley Hughes, and her chief constable has, so far, been stonewalled.

By way of section 40 of the Police Reform and Social Responsibility Act, 2011, the chief constable must consult the Police and Crime Commissioner (the Deputy Mayor in the case of GMCA) before appointing a person as an assistant chief constable of the force.

The response to the information request provided by the PCC is highly questionable. She claims that in respect of the appointment of deputy and assistant chief  constables, her oversight responsibility is confined to private chats between herself and the chief constable. No notes, or minutes, taken and no email traffic between the two. Indeed, no retrievable data is held says Baroness Hughes.

Material disclosed by GMP contradicts that position. Internal email correspondence between Ian Hopkins and Ian Pilling say she was sent a copy of Mabs’ application form, plus background papers, on 29th August, 2018. Put another way, the Deputy Mayor of Manchester has lied to journalist, Neil Wilby.

The stated position of the Deputy Mayor, according to her written response to the information request, has been robustly challenged. But no response had been provided by her within the required four week period under FOIA and the Information Commissioner’s guidance.

A complaint has been lodged with the Information Commissioner’s Office concerning the handling of the request, and a further complaint is being submitted to the appropriate authority alleging honesty and integrity breaches by Beverley Hughes. In this case, the Greater Manchester Police and Crime Panel.

Baroness Hughes, another living, breathing example of the abuse of the ‘honours’ system does, of course, have ‘previous’ for lying. Having resigned as a Labour government minister, in 2004, for doing just that – and in very similar circumstances to those prevailing here: Denying she’d received a memorandum when it was readily proved that she had not only received the document, but acted on it.

Whether, or not, it is possible to get to the truth of the WYP whistleblower allegations against Mabs Hussain is a moot point, without an unequivocal statement from either Ian Hopkins, Dee Collins, or Mabs himself. But, as with so many policing issues over the years, it is now the ‘cover-up’ that becomes the story.

In this particular case, without the ever-lengthening mystery, and the lies that inevitably follow, surrounding this matter, there simply is no story. It could have been put to bed by a two paragraph statement from WYP in February or March, 2018.

This cover-up may yet claim some very high profile scalps, even if the new GMP assistant chief constable emerges untarnished and free to get on with his new job.

The press offices of GMP, WYP and the Deputy Mayor’s Office have all declined to comment. Indeed, the latter two have not even acknowledged the request.

The enquiry to the GMP press office ends thus: “For the avoidance of doubt, and this has been made clear, previously, to DCC Pilling and WYP chief constable Collins, I [Neil Wilby] have no personal, or professional, issues with ACC Hussain. Other than the whistleblower allegations, he is known inside and outside of WYP to be a popular, professional, high achieving police officer. I am more than content for those views to be shared with Mabs.”

Statements had been specifically requested from Mabs Hussain, and Dee Collins, that directly address the issue of whether the police whistleblower allegations have been appropriately recorded, referred and subsequently investigated.

From the ensuing silence, inference can be drawn as to whether the answer is in the affirmative, or otherwise. Not one journalist or police officer, serving, ex-, or retired, spoken to believes it has.

The lay reader is invited to draw their own conclusion as to where that leaves the GMP chief constable and his latest command team recruit.

There is no ACC Maboob Hussain biography on the GMP chief officer team webpage, which was last updated on 29th October, 2018. A month after mabs joined the force (read here).

Page last updated on Saturday 24th November, 2018 at 1725hrs

Picture credit: Greater Manchester Police

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 2015-2019. Unauthorised use, or reproduction, of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from, and links to, the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

Scandal-hit police stonewall ‘sex ring’ allegations

A major sex scandal has been brewing at Cleveland Police for almost two years.

The lid was partially prized open by John Beggs QC at a disciplinary tribunal that attracted widespread media attention in late 2016. Sensationally, the troubled force abandoned proceedings against an officer, Sergeant Waseem Khan, who had been suspended for three and a half years, at the start of the second week of the hearing.

But, during the first week, Beggs had probed a personal relationship between Superintendent Beverley Gill and Chief Superintendent Jon Green which the ‘attack-dog’ barrister characterised as “exceptionally close“. Green had been moved sideways from his role as Head of Professional Standards Department (PSD) as scandal after scandal dogged him and his disgraced department. The replacement Head was his “personal friend“, Bev Gill. Her evidence at the hearing had troubled the Panel chairman.

On 7th November, 2018 Gill was suspended by the force, at the outset of an investigation codenamed Gosport, over allegations she subdued an investigation into former colleague and ‘dirty detective’, Simon Hurwood. The latter was officially outed, at another disciplinary hearing in October, 2018, at which Beggs QC was again heavily involved, as a manipulative sex fiend.

Cleveland Police is very clear that they are not naming the officer, and their head of communications confirmed this in response to a press enquiry in which Beverley Gill was named, and a request made for her length of police service with Cleveland to be provided. The force continues to rely on the press briefing given the previous day.

Hurwood was found guilty of eight allegations of gross misconduct, plus a number of other misconduct allegations, after the inquiry found he had groomed and pestered 21 female Cleveland Police colleagues, most of them of junior rank, for sex and other indecent acts, over a 14-year-period.

Leeds barrister, Simon Mallett, Chair of the police disciplinary panel which heard the complaints, said: ‘Simon Hurwood was treating the professional standards department as a personal recruitment centre for his own sexual gratification.’ Nevertheless, Hurwood was allowed to retire with a pension pot of £1.1 million, according to a report in the Sunday Times.

On Friday 2nd March 2018, Hurwood was arrested on suspicion of sexual assault offences,  interviewed, released under investigation and, subsequently, suspended from duty later the same day.

Following further enquiries, early consultation with the Crown Prosecution Service (CPS) complex case unit in London took place. This was in relation to four victims. Subsequently, Detective Chief Inspector John Wrintmore made the decision that there was insufficient evidence to proceed with either the alleged sexual offences, or misconduct in public office. This left police disciplinary proceedings as the only course of action available.

Described as ‘creepy and sleazy’ by his victims, Hurwood abused his position as a management rank officer to have sex in police cars, and in his own office in PSD, the department charged with holding up the highest standards of conduct amongst all the force’s officers. He also persuaded female officers to send him sexually explicit pictures and videos of themselves. He was obsessed with the colour of females’ underwear, and having explicit photos and videos sent to him on his mobile phone.  One witness alleged Hurwood forced her into ‘non-consensual sexual intercourse’ and others complained of being coerced into performing sex acts.

There are also allegations surfacing that Hurwood threatened to blow the whistle on other senior officers if he was prosecuted. The name of an alleged ‘go-between’ that allegedly brokered a deal is circulating on social media. If true, this cover-up was conducted at a senior level in Cleveland Police.

There was no public appeal for witnesses, internally or externally, and some complainants were instructed to sign confidentiality agreements. Police have offered up the rationale that it was to prevent cross-contamination of evidence, but, to the more enquiring mind, it simply fuels belief in a senior management cover-up. Particularly in the light of the most recent revelations.

When approached by a Sunday Times reporter at Hurwood’s £400,000 home last week, his wife, Kimberly, said: “We are not answering any questions.” Her husband has completely denied any misconduct or sexual assaults. He has been married twice previously.

Force spokesperson, Xanthe Tait, a former Chief Crown Prosecutor for North Yorkshire, said the suspension of Bev Gill was a ‘neutral act’ and the presumption of innocence remains.

There are other allegations on social media, made by a regular and very well informed, critic of the force, Michael Carey, which, no doubt, Operation Gosport will explore, that Bev Gill was also “close” to Hurwood, in a similar way to her friendship with Jon Green. There are, it is said, other senior officers who enjoy similar relationships as part of a friends group.

After the Hurwood disciplinary hearing, and it may not necessarily be connected, it was said that Deputy Chief Constable Simon Nickless, who had portfolio responsibility for PSD at the material time, was leaving Cleveland Police to join the College of Policing as Senior Policing Adviser. Which has, one might say, the look and feel of the situation pertaining to ex-West Yorkshire Police chief constable, Mark Gilmore, who was sent off to do a ‘non-job’ at the National Police Chiefs Council, for over a year, in an attempt to disguise the fact that he was on gardening leave.

On 7th November, 2018 it was announced by Cleveland Police that a new deputy chief had been appointed for a temporary six month period. It was Helen McMillan, drafted in from Northumbria Police, who suspended Beverley Gill. Helen previously worked with Durham Constabulary, based in Hartlepool. She would be well advised to make a trawl of the public complaints made against Gill and re-visit them. There are at least two shocking cases that should be the subject, at the very least, of gross misconduct investigation. One made by the aforementioned Michael Carey and the other by Karim Allison, who succeeded in a substantial civil claim against Cleveland Police, and has been relentlessly persecuted by the force since. Including an unsuccessful prosecution against him. Carey has also been arrested and all his computer devices seized, but very recently informed by the police, after an eighteen month hiaitus, that the CPS will not prosecute.

On 17th September, 2018, six weeks before the Hurwood disciplinary hearing became public knowledge, a series of questions was put to Cleveland Police, and its Police Commissioner, Barry Coppinger:

“A statement is requested from PCC Coppinger regarding a report that is circulating on social media concerning an alleged ‘sex ring’ operating in the upper echelons of Cleveland Police.
The reports states, inter alia:
1. Insp Simon Hurwood, whose arrest was reported in the press earlier this year, may have assaulted, harassed up to 30 female officers, staff.
2. Insp Hurwood and Insp [name redacted] (whom it is said are involved in a physical relationship) are part of a police sex ring that may include five other named officers of managerial rank, including the present [name redacted] . It is also said that Insp Hurwood was present in the vehicle when Insp [name redacted]  was found to be OPL (subsequently convicted).
3. The sex-ring has operated for many years and those involved ‘cover-up’ for each other if misconduct or criminal matters are reported against them.
4. Insp [name redacted] has discussed publicly how ‘sex-corruption’ is rife in the force and institutional sexual assault is commonplace.
5. The chief constable and PCC are actively seeking to conceal these matters from public scrutiny.”

It took almost four weeks, and several reminders, for this response to be provided:

I take any allegations of misconduct within Cleveland Police very seriously and I have developed a small Complaints Triage team to assist the newly established Directorate of Standards and Ethics in investigating concerns raised by the public.

I will not, however, comment on unsolicited and unsubstantiated reports appearing on social media. An appropriate complaints process is in place, details of which can be found on the Cleveland Police website.

The statement glosses over the fact that since Mr Coppinger was elected as PCC in 2012, the force over which he has oversight has staggered from crisis to crisis, with scandals, across the misconduct spectrum, featuring routinely in the national press. He previously served on Cleveland Police Authority, under the chairmanship of David McLuckie, who was jailed in 2013 for perverting the course of justice.

In the light of the suspension of Bev Gill on 7th November, 2018, a request was made for an updated statement. The response was almost immediate:

Cleveland Police has informed the Police & Crime Commissioner of the suspension of an officer. This matter is within the remit of the Chief Constable and the PCC is assured that the necessary investigation will be carried out thoroughly, promptly and fairly.

It would not be appropriate for the PCC to comment further at this time.”

The statement carefully, and ironically, avoids the point that this routinely scandalised police force has proved almost entirely incapable of carrying out any thorough, prompt or fair investigation when its own PSD (now re-badged as Standards and Ethics) has been involved. There is also the collateral issue that Mr Coppinger employs a chief constable who is a proven liar, twice over. An  unsatisfactory situation, by any measure, and one that the PCC defends with extraordinary zeal.

If there are two officers already suspended, and the working hypothesis is that is the minimum number, it also suggests that the force may be drip-feeding information to Mr Coppinger, and his PCC team, to minimise the risk of ‘leaks, or for other operational reasons.

Operation Gosport is an investigation that should, quite properly, and on any independent view, have started out as a criminal investigation, not one of gross misconduct, and been referred by its chief constable, Mike Veale, to another police force for investigation.

Veale, unusually, and bizarrely, given his recent history, is the portfolio holder for Standards and Ethics. A role undertaken by the deputy chief constable in most other police forces. However, he is said by a well placed police source to be ‘furious’ over what is now being revealed and is ‘wielding the knife’ in an attempt to cut out deep-seated cancer of corruption in that department. Whatever his recent history in Wiltshire Police, this is an important, and most welcome, step in the right direction for Cleveland and its constituents.

But, until the Veale ‘surgery’ is complete and the integrity of the force recovered, Cleveland Police simply cannot be trusted to investigate itself. But, there is some light at the end of what must have been a very dark tunnel for Hurwood’s victims, as their press office provided me with this statement on 9th November, 2018.

Cleveland Police fully supports any victim’s right to review (VRR) such decisions and is currently supporting a review in this case by another police force. It is important that there is transparency in decision making and that any such decision is rigorously tested in the best interests of victims and the public.”

On 12th November, 2012, it was confirmed that Northumbria Police had been appointed to assist with the VRR. No timescale has been given.

That police force, however, could not have been West Yorkshire Police, headed by chief constable, Dee Collins. From the start of her police service in 1987 until the end of 2005 she served with Cleveland Police, including a spell in its ill-starred PSD. In the offices where Hurwood would later have illicit sex and be pleasured orally. She was also a Police Federation representative as an inspector.

She was a superintendent when she left the force to join Cumbria Police in December, 2005. Hurwood had begun his sex spree against female colleagues almost two years earlier.

Ms Collins was asked for a statement on 7th November, 2018 – the day Bev Gill was suspended –  and has ignored the request (a routine occurence, it must be said).

She has also been, subsequently, invited to comment on well sourced information that she is ‘very, very good friend‘ of 50 year old Bev Gill (a couple of years younger than Dee Collins).

The point to these questions is that the WYP chief was honoured recently by the Queen, and quite rightly, as a champion of women in policing. But that does not sit easily with any knowledge, at all, of what was happening to her junior ranked female colleagues, in what is a relatively small police force. Hurwood, Gill and Collins all have similar lengths of police service and would, at the very least, it is reasonable to infer, have been well known to one another as they progressed up the ranks.

Despite his predatory behaviour, after he became a sergeant in 2003, Hurwood was promoted and moved to the professional standards department, where most of the offences took place. Even after complaints were made against him, he was put on a recruitment panel where he could choose potential victims, implying to one woman that he could help her get a job.

Two detective inspectors were informed about Hurwood’s sexual encounters at the material time, and one victim was at a rank of chief inspector, or higher. Yet the misconduct continued, not just unabated, but even more blatantly.

It may well be that Dee Collins didn’t know, and there cannot be any presumption, at all, of wrongdoing by her, without probative evidence. But if she didn’t know, then serious questions need to be asked ‘why not‘ given her various, and highly relevant, roles in the Cleveland Police.

It’s the same question asked by many others about what she does, or doesn’t know, about alleged misconduct and criminality of her own West Yorkshire Police officers: Apart from the selfie-loving, teddy-bear hugging, gushing, heavily sentimental, fluffy, public relations role which she enthusiastically adopts, it is difficult to see, from an investigative journalist’s perspective, what contribution she makes to maintaining the requisite ethical and professional standards in the force.

In January, 2019, Dee Collins takes up a three month role at the College of Policing in Surrey. There is speculation, explored in an earlier article on this website (read here), that she will only return to WYP to say her goodbyes and then retire. That is denied by the force, but in terms sufficiently vague to leave that open as more than a possibility.

An approach has been made to the WYP press office for comment or a statement from the chief constable. In their routine, unethical, unprofessional manner, and taking their lead from the chief constable, who conducts herself in much the same way, it has not even been acknowledged, so far.

 

Page last updated on Saturday 10th November, 2018 at 2050hrs

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 2015-2018. 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.

Crash landing as helicopter boss returns to work

Following the exclusive published on this website last month – and subsequently picked up by the national press – more startling revelations have come to light.

After a period away from his office, reportedly on sick leave, Chief Superintendent Tyron Joyce returned to work at West Yorkshire Police headquarters in Laburnum Road, Wakefield, on Monday 15th October, 2018.

WYP HQ is also the administrative base for the National Police Air Service (NPAS), of which Joyce is Chief Operating Officer (COO).

Last month, Joyce was given notice of a large number of complaints made against him by NPAS staff. He was, at the time, reportedly denied access to his office and police computer systems. Captain Oliver Dismore took over as temporary COO.

Joyce’s return to work was not at all welcomed by some members of NPAS staff, particularly those who had made complaints against him. They had been promised by officers in WYP’s Professional Standards Department (PSD) that, if Joyce returned to work in police HQ, it would be in a location remote from them.

The return to his office had been agreed between PSD and the Superintendents’ Association, who are providing both professional and pastoral support to Joyce.

Complaints about Joyce’s proximity were made to Captain Dismore by NPAS staff involved in the misconduct allegations. Dismore, in turn, made representations to Deputy Chief Constable, John Robins. The latter has had portfolio responsibility for PSD since 2014.

On Tuesday morning, having been tasked by Robins, Assistant Chief Constable Angela Williams went to Tyron Joyce’s office and asked him to leave. A confrontation ensued between the two. The upshot is that Joyce is now working remotely from his staff.

Both WYP and NPAS were approached with a series of questions concerning what has been reported by a police whistleblower. Neither WYP, nor NPAS, even provided an acknowledgement. Both press offices have previously declined to confirm that C/Supt Joyce was under investigation, or what class of misconduct was alleged.

The Superintendents’ Association responded promptly with a statement from Victor Marshall, Professional Standards Co-ordinator:

We are supporting a member who is under investigation for alleged misconduct.

We await full details of the allegations“.

Under the overall control of Robins, WYP PSD has staggered from crisis to crisis, over the past four years. On any independent view, and, from the limited details known to date, the Tyron Joyce investigation is another cack-handed debacle.

The complainants are angry; Joyce is not having the benefit of a fair, impartial, well-managed disciplinary process and his professional body is, quite plainly, frustrated at the lack of specification of the complaints.

Little wonder that whistleblowers are coming forward, in increasing numbers, as they lose any remaining faith in the leadership of both the force and NPAS. Interestingly, Dee Collins is in charge of both.

In another exclusive article on this website, her intention to retire early next year is forecast (read here). The force, and Ms Collins, have repeatedly refused to confirm, or deny, that it will be April 2019 when she goes.

It cannot come one day too soon for a force conspicuously absent of visible leadership and, seemingly, bereft of the requisite ethical and professional standards.

Page last updated on Sunday 31st October, 2018 at 19.50

 

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 2015-2018. 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.