Chickens come home to roost

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

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

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

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

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

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

BA55F835-C8F0-4088-B44E-EDBEEE10FEB7
Dr Abdul Rashid, arrested by Mark Lunn in March 2012

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

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

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

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

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

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

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

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

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

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

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

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

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

Screen Shot 2019-10-02 at 09.07.46
Justice campaigners protest outside Pioneer House, Woolpacks Yard, Wakefield. The IPCC’s regional base in the North East.

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

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

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

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

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

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

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

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

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

Screen Shot 2019-10-02 at 08.50.19

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

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

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

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

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

Screen Shot 2019-10-02 at 08.48.01

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

———————————————————————————————–

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

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

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

Photo credit: Telegraph & Argus

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

The Smoking Gun

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

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

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

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

Screen Shot 2019-09-27 at 08.20.06
Chief Superintendent Nick Wallen (centre) receiving an award recently at the Police Superintendents’ Association

“Subject: DC 3602 Mark Lunn

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

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

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

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

“Regards, Nick W”

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

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

Screen Shot 2019-09-23 at 07.44.49
Paul Jeffrey – who retired from West Yorkshire Police in 2017

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

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

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

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

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

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

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

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

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

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

Screen Shot 2019-04-25 at 18.30.27
CPS lawyer Gerry Wareham pictured outside Bradford Combined Court Centre

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

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

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

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

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

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

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

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

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

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

Screen Shot 2019-09-22 at 15.32.42

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

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

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

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

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

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

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

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

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

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

———————————————————————————————

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

 

 

 

 

 

 

 

‘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.

Screen Shot 2019-04-22 at 16.26.39
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.

ScrMalcolm Christyeen Shot 2019-04-24 at 08.50.28
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.

Screen Shot 2019-04-25 at 18.30.27
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.

 

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.

 

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.

Chief constable set to take flight?

A well-placed source says West Yorkshire Police chief constable, Dee Collins, is set to retire.

Rumours have been circulating for some time, but it seems that Ms Collins will pass day-to-day control of the force to her deputy, John Robins, at the end of this year.

It is said that the chief will complete her police service at the College of Policing headquarters, in the early part of 2019, as Course Service Director for the next cohort of strategic command candidates. Read more here.

The incumbent deputy chief constable (DCC), John Robins, will take over as temporary chief constable, with ACC Russ Foster promoted to T/DCC and Chief Superintendent Mark Ridley also promoted, to assistant chief constable.

Ms Collins was appointed as WYP chief constable in November, 2016. She was the only candidate for the post. During her tenure, the force’s tarnished reputation has been further damaged by a number of high profile scandals. There are at least three more in the making. All concerning matters on her watch.

She also holds the post of Air Operations Certificate Holder at the National Police Air Service (NPAS). Her effectiveness in that role was again called into question recently, following the, as yet, unexplained departure of the Chief Operating Officer, Tyron Joyce.

In November 2017, NPAS was the subject of blistering criticism by Her Majesty’s Inspectorate of Constabulary (HMIC) who described the management of the service as ‘inept‘ and its financial model ‘unsustainable‘. The NPAS response to Matt Parr‘s withering report is due next month (November 2018). A NPAS insider suggests that the answers are unlikely to satisfy HMIC.

West Yorkshire’s Police Commissioner, Mark Burns-Williamson, chairs the NPAS Strategic Board. He was also responsible for appointing Dee Collins as chief constable. His second failure in a row in selecting a police leader, as the Mark Gilmore debacle cost the county’s precept payers around £750,000.

Burns-Williamson is understood to be facing problems of his own, as a major media organisation is said to be presently conducting an enquiry into alleged serious wrongdoing by the PCC’s office. It is understood to concern the hot topic of non-disclosure.

Both the chief constable, privately, and the police press office were approached for comment. The latter responded promptly. They confirmed the chief’s posting to the College of Policing, DCC Robins taking day to day control of the force in January, 2019, but deny she is retiring. The reader is, accordingly, invited to make up her, or his, own mind. Dee Collins did not reply.

In doing so, it should be noted that Mark Burns-Williamson has not published a Decision Notice regarding the change of leadership on his PCC website. He is required to do so by law (Elected Local Policing Bodies [Specified Information] Order, 2011).

The PCC’s office has not been approached. Their press officer, Dee Cowburn, routinely ignores such requests.

BBC Look North, in a short package put out on Friday 5th October, 2018, adopted their routine role as a public relations facility for WYP and the PCC. The state broadcaster confirmed that Dee Collins was going to the College of Policing on secondment and that John Robins was taking over control of the force. Other highly newsworthy matters in this article were, unsurprisingly, not followed up.

Ends

Page last updated: Saturday 6th October, 2018 at 1910 hrs

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.