Key witness in police funded civil action is a proven liar

KENYON_MADGWICK

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

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

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

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

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

Screen Shot 2016-03-02 at 20.00.27

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

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

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

Screen Shot 2016-03-02 at 20.11.42

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

_____________________________________________________________

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

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

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

Claudia-Lawrence-Someone2-H

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

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

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

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

dai malyn nyp

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

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

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

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

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

Newby Wiske Jones Mulligan

 

Page last updated Monday 29th February 2016 at 1340hrs

_______________________________________________________________

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

Cost of silencing police force critics now approaches £1 million

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

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

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

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

Screen Shot 2016-02-07 at 11.56.30

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

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

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

KENYON_MADGWICK

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

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

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

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

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

Screen Shot 2016-02-07 at 12.34.05

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

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

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

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

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

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

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

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

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

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

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

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

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

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

______________________________________________________

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

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

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