‘That particularly dubious constabulary merits careful investigation’

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

A highly attritional relationship

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

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

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

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

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

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

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

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

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

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

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

The Melsonby post office murder

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

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

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

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

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

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

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

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

The three Garbutt appeals to CCRC

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

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

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

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

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

An independent investigation – a search for the truth

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

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

 

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

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

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

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

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

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

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

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

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

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

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

‘A comedy of errors’

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Confirmation bias

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Robin Garbutt campaigners - ITV package

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

So, we come to the key questions:

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

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

~ Did the jury come to the right verdict?

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

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

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

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

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

Timeline 

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

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

 

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

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

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

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

© Neil Wilby 2015-2020. Unauthorised use, or reproduction, of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from, and links to, the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

 

 

Bailey can’t bridge the credibility gap

In July 2019, after serving for over 27 years with a backwater county police force, Nicholas Bailey took the short, but well worn path, from Cheshire Constabulary to its metropolitan neighbour, Greater Manchester Police, the fourth largest force in the country.

He followed in the footsteps of past chief constable Peter Fahy; the present incumbent Ian Hopkins; and a former assistant chief constable, Garry Shewan, to name but three, who had all passed through the same revolving door.

At the time of the appointment, GMP’s beleaguered chief constable said in his standard hyperbolic style: “We are delighted to welcome Nick to our GMP family. He is an extremely experienced officer with a wealth of knowledge and skills from a vast policing career, spanning over three decades [emphasis added by author for reasons which should become clear as this piece unfolds].

“His extensive background in policing will help us continue to protect the people of Greater Manchester and his work around local policing will help us continue keeping our communities safe.”

Rather clumsy, one might observe, in the wake of the Manchester Arena Bombing and the Grainger Inquiry, at which the force was thoroughly disgraced, and described by leading QC, Leslie Thomas, as “rotten to its core“.

For his part in the usual mutual backscratching that, inevitably, accompanies these appointments, Bailey said: “I’m thrilled to join GMP as it gives me the opportunity to give back to the city [whilst drawing a salary of around £110,000 per year plus substantial benefits] and surrounding areas where I have lived and spent most of my life. My father was a GMP officer and to follow in his footsteps is a great honour, as well as being a challenge in such a high profile force, with so much ambition.

“When I started my role as a police officer I found my vocation and understanding of how I could help the public. Since then I’ve had many memorable moments and found there was no better feeling than locking up an offender and making a difference to victims of crime or vulnerable people [Bailey has been asked to recall the last time he locked up an offender].

“Unfortunately, a sad reality of the job is the tragic and traumatic incidents that stick in your mind and remain with you forever. I was one of the first officers to arrive at the scene of the [IRA] Warrington bombing in 1993 [Bailey presumably refers to the second bombing on Bridge Street in which two children died and 56 other people were injured] and was the senior officer on duty at Cheshire Police on the night of the Manchester Arena bomb. Both these events ended in a huge loss of life, which only further increases my motivation to be a police officer and do all I can to help. [‘Huge’ equals 2 at Warrington and 22 at Manchester Arena. Tragedies both, but not on the scale to which Bailey carelessly alludes. Which might give rise to doubts about his ability to objectively assess evidence and give straight answers].

“I look forward to the challenges ahead and being involved with a force that has the ambition to have such a positive impact on the communities, particularly through placed (sic) based partnerships.” For the unitiated, including the author, read more here.

What neither Hopkins nor Bailey alluded to was the swathe of deep scandal in which GMP was mired, or the trail of Command Team officers that had left the force in disgrace over the past few years. Or indeed, the perennial scandal surrounding Hopkins’ most recent recruit at that rank, Assistant Chief Constable Maboob Hussain. Now known irreverently as ‘Mabel’, the former West Yorkshire officer apparently prefers ‘Mabs’.

Or, indeed, the even bigger scandals surrounding the senior officer that Bailey replaced: the despicable Steven Heywood. Very fortunate to escape prosecution over his antics at the Grainger Inquiry, amongst a lengthy tariff of other alleged misdemeanours, he still faces a much-delayed public gross misconduct hearing at which neither his former force, nor himself, will likely emerge with any credit.

Add in Terry Sweeney of Shipman body parts and Domenyk Noonan notoriety, Rebekah Sutcliffe’s ‘Titgate’ outrage and Garry Shewan scuttling off, once it became apparent how disastrously his much-vaunted IT Transformation Project, including the now infamous ‘iOPS’ installation, was turning out to be, and the question that simply begs to be asked is: Why would any self-respecting, law-abiding officer want to be involved or associated with persons of such questionable character? That is another question that has been put to GMP’s newest and, for the present, shiniest ‘top brass’.

Bailey, for his sins, appears to have recently taken over the iOPS poisoned chalice from the hapless Chris Sykes, another recent assistant chief constable appointment, commenting for the force on social media, and in the local newspaper, as another catastrophic failure beset the ill-fated project in early February, 2020. One day after this article was published, more whistleblowers came forward to highlight another round of problems. This time, it is reported, connected to Crown Prosecution Service interface, access to crimes and reports, and, most crucially, huge backlog of child protection cases.

It has also emerged that, whilst an iOPS inspection report by Her Majesty’s Inspector of Constabulary is constantly delayed, the force are trying to implement as many of the HMIC recommendations as possible, before publication, in order to mimimise reputational damage and hoodwink the public.

Another GMP Command Team member, the seemingly gutless Debbie Ford, accepted a rare neutral transfer back to her previous force, Northumbria Police, rather than confront the wrongdoing of the senior leadership miscreants amongst whom she sat every morning and, she said, were making her feel ‘uncomfortable’.

But the most persistent, and obvious, Command Team ‘villain’ within GMP is, very arguably, the chief constable himself.  The persistent failings of this belligerent and self-adoring individual are well documented elsewhere on this website (read more here). The most recent scandal post-dated the publication of that widely read, and shared, article when the outcome of the Greater Manchester Mayor’s Assurance Review of Operation Augusta (an abandoned investigation into child sexual exploitation in Rochdale in 2004) was pubished on 14th January, 2020. Hopkins had planned to abdicate responsibility for appearing at a press conference, offering up arch-sycophant ACC Hussain instead.

But the assembled media was having none of that and, eventually, Hopkins was coaxed down from the 4th floor at GMP’s plush HQ. But, only to read out a prepared statement after which he departed in high dudgeon, refusing to answer any questions. A shameful performance, by any measure, and one for which he has been quite rightly and robustly criticised in the press, on television and on social media.

The full Augusta report, which some readers may find distressing, can be read here.

Hopkins deleted his Twitter account later the same day, or early the following morning. He had disgraced himself previously on the social media platform, appearing to abuse his position of authority – and an official ‘blue-ticked’ Greater Manchester Police account – to attack fellow users (read more here). The GMP press office, unusually for them, refused to even acknowledge the request for a statement from Hopkins over his sudden and unexplained disappearance from Twitter. Remarkably, the story didn’t make the mainstream media, particularly the Manchester Evening News whom, conversely and perversely, draw a significant amount of their output from daily social media trawls and, in particular, police force users.

Apart from Grainger, iOPS and Operation Augusta, commentary on another disgraceful GMP scandal now appears very frequently on social media. This concerns the tragic death of 17 year old Yousef Makki, a Manchester Grammar School pupil stabbed to death in a leafy street in the millionaire village of Hale Barns.

Yousef’s family, close friends and supporters have, through their grief, moulded themselves into a formidable and well-informed campaigning group against the apparently woeful police investigation led by DCI Colin Larkin (unsurprisingly nicknamed “Pop”) and, it seems, half-hearted prosecution. The senior police officer with overall responsibility for the investigation is the aforementioned Maboob Hussain. He has emerged as the force’s spokesman on the scandal and ‘Mabel’ has met the Makki family, where his focus appeared to be attempting to discredit former Head of the Major Incident Team at GMP, Peter Jackson, who has been assisting Jade Akoum, Yousef’s exceptionally resourceful and articulate sister and Debbie Makki, his distraught mother. The popular and widely respected Jackson is now well known, nationwide, as the country’s most vocal and effective police whistleblower and, as such, a persistent thorn in the side of GMP and Mabel, it seems.

Jackson has brought Employment Tribunal proceedings against Greater Manchester Police, listed to commence on 20th April, 2020, over the highly questionable treatment he received from fellow senior officers after he blew the whistle on a lengthy, and truly shocking, list of failings by them (read in full here). The Tribunal is expected to sit for 12 weeks as some very dirty GMP washing will get a public airing from a lengthy list of police witnesses.

But Hussain has not been able to shake off the controversy surrounding his own appointment to his senior position in GMP and the serious doubts about his own integrity that flowed from it. It is covered in forensic detail elsewhere on this website (read in full here) and, devastating though it is, stands completely unchallenged. The Hussain/GMP/West Yorkshire Police strategy of stonewalling and attempting to silence critics has not worked – and in the modern era of instant and connected communication was never likely to, either.  Especially as local, regional and national politicians, and policing figures, are now seized of the matter due to the significant adverse publicity being generated, and the consequent damage to public confidence in the police service more widely, and GMP in particular.

On any independent (or political or regulatory) view, Hussain should not be near any evidence chain until the doubts over his own trustworthiness, and those of a large number of other senior officers alleged to be involved in the ‘cover-up’, are resolved one way or another. Those include the deputy chief constable at GMP, Ian Pilling. A man with whom the author of this article has had extensive and mostly unsatisfactory dealings. Those interchanges may, very arguably, persuade anyone reviewing them that Pilling’s conduct, generally, and his approach to the indisputable misconduct of others, is highly questionable. To the extent that his seat as deputy chief constable is untenable at least until those doubts are satisfactorily, and independently, resolved.

After choosing to intervene in a Twitter thread concerning the Makki killing, Nick Bailey has been asked twice, on that social media platform to confirm if he believes that, on the basis of what is set out in the ‘When The Cover Up Becomes The Story‘ article, and the evidence behind it, three of his GMP Command Team colleagues, Hopkins, Pilling and Hussain are officers of unimpeachable integrity.

This is not a trick question, but one of the highest public interest and should, one might expect, have produced an immediate, and unequivocal, response in the affirmative. Especially, with Bailey having eulogised so profusely about the force, and those running it, when he joined Greater Manchester Police a short time ago.

It is also relevant to point out that he is highly qualified to make judgements on the integrity of policing colleagues, having spent a significant period of his Cheshire Constabulary as Head of their Professional Standards Department.

But the problem for Assistant Chief Constable Bailey is that he cannot endorse the integrity of any of those three senior colleagues, having read the Hussain article, without compromising his own.

So what will he do about it? An educated guess is NOTHING. Zero. Zilch. He will, presumably and having ignored the invitation on social media, be prepared to breach the College of Policing’s Code of Ethics requiring him to challenge inappropriate conduct and, of course, his first duty to those precept payers funding his huge salary by keeping them safe from other senior police officers whom, seemingly, cannot be trusted to do their job with unimpeachable integrity, without fear or favour and in accordance with the Oath of a Constable (read in full here). In the case of the Hussain ‘transfer’ from West Yorkshire to GMP there were, demonstrably, a fair few favours called in. It hangs over both police forces like the stench of fish, rotting from the head down.

Why is this situation allowed to pertain? Because that is how the top echelons of policing work. Almost every NPCC-rank officer will cover for another. Omertà is the operational code. We have seen another high profile example of that, very recently, in GMP, with the revelations and naming of the involvement of very senior officers in the premature closing down of Operation Augusta – and all that has happened since to stifle accountability and to silence another nationally-known, high octane whistleblower, Maggie Oliver. Where, undoubtedly, selective memory and refusal to co-operate with the enquiry were some of the most troubling revelations. Two ex-GMP officers who went on to become chief constables elsewhere head that list: Dave Jones, who suddenly quit North Yorkshire Police in mysterious circumstances in April, 2018 and Dave Thompson, still serving at West Midlands Police and known by former colleagues for his remarkable recall, across decades, on matters unconnected to the child sexual exploitation in Rochdale.

It is not clear what Bailey actually does to earn his six figure salary at GMP, apart from publicly support menopause campaigns on social media. His biography on the force website appears completely absent of detail as to what his portfolio responsibilities might be (read here).

He is, however, National Police Chiefs Council lead for information rights, covering the Freedom of Information Act and the Data Protection Act: On this basis alone, Bailey should resign from GMP as they are, in the extensive experience of the author of this article, persistent and mendacious law-breakers of both Acts. The cavalier and unacceptable approach by GMP to disclosure in civil claims is also the subject of repeated and vitriolic criticism by claimants and their lawyers.

If he has national responsibility for information rights, as appears to be the case, then the reader can add, for certain, the disgraceful antics of such as the three Yorkshire police forces, Humberside and Durham to the list of law-breakers. It should also be noted that the situation is getting worse since Bailey was appointed, not better.

In conclusion, it appears that Greater Manchester Police has landed itself with another dud, out of depth assistant chief constable to add to a depressingly long list of previous failures. If he finds this article an uncomfortable read then he should begin today and start to put matters right. Make his family and the beleagured junior ranks in GMP proud of him: Challenge those around him that are, at present, deemed untrustworthy; forget mealy-mouthed excuses and come clean about iOPS; robustly sort out the information rights catastrophe across the police service, starting urgently with GMP; spend less time fretting about menopause; and then another article can be written, and published, enthusiastically lauding those achievements.

Over to you, Nicholas Bailey and please use your right of reply.

At present, over three days after publication of this article, the email sent to ACC Bailey requesting comment has not been acknowledged. GMP’s press officer were copied in to that communication.

That failure to respond is, of itself, a breach of the College of Policing’s Code of Ethics under the headings of Respect and Courtesy; Duties and Responsibilities. But as this article sets out, in the main, if you are a senior police officer engaged by Greater Manchester Police you regard yourself as above the law.

It would, after all, take just a few seconds to type: “Thanks, but no comment“.

 

Page last updated on Monday 2nd March, 2020 at 1445hrs

Picture credit: Greater Manchester Police

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

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

© Neil Wilby 2015-2020. Unauthorised use, or reproduction, of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from, and links to, the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

 

Barton beats an unexpected retreat

Earlier this week Durham Constabulary announced the retirement of its chief constable, Mike Barton, both on social media and via a press release issued to local, regional and national media. The story attracted little attention, given the controversial figure he has frequently cut.

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But this announcement took many people by surprise, not least policing colleagues whom he had told that he wanted to complete 40 years police service before contemplating retirement. That would have taken him through to at least 2020, having joined Lancashire Police in 1980. 

In a typically robust Sunday Mirror article (read here), published hours before the retirement announcement, there was absolutely no inkling that the Durham chief was about to abandon his post and the high profile, and hugely important, war on knife crime.

Born into a farming family, Mike Barton became a constable with his local force in Blackpool, where his beat included the resort’s famous Golden Mile. He was awarded the Queen’s Police Medal in 2014.

Now aged 62, and a self-proclaimed ‘maverick’, Mr Barton agreed a five-year contract extension in November 2016 (read more here). That arrangement was intended to take him to the end of the current Police and Crime Plan agreed with his employer, the Durham Police Crime and Victims Commissioner, Ron Hogg,

For reasons that are unclear, for the present at least, the Sunderland Echo reported that Barton’s contract extension was only three years, and that ‘he had worked beyond his intended retirement date’.

News of chief Barton’s departure also came as a shock to those closely involved with Operation Lackan, a misconduct investigation into alleged dishonesty and disreputable conduct of Ian Hopkins, chief constable of under-siege Greater Manchester Police. The complainant is retired GMP superintendent, Peter Jackson. Currently, the country’s best known, and most widely reported, police whistleblower. The author of this article is, also, a deponent in those proceedings.

Mr Barton is Gold Commander of that highly vexed probe. A role he accepted at the very end of last year from Greater Manchester Combined Authority, the appointed body to deal with complaints against the region’s chief officer. At the present rate of progress, with terms of reference taking, it seeems, twelve weeks to agree, it is difficult to see Barton signing off the investigation outcome before he retires.

The question also hangs in the air as to why he took on the highly significant Manchester investigation if retirement was front of mind. His temporary replacement as chief will be present Deputy Chief Constable, Jo Farrell. Nothing in her police record, or via other open source material, suggests that she has experience of heading up such a controversial gross misconduct investigation. The major significance of that apparent deficiency unfolds as the sudden, and unexplained, departure of another chief constable is analysed later in this piece.

In these circumstances, the statement issued by his police force press office is worthy of further scrutiny: It begins by saying that the chief constable confirmed his retirement, in writing, that morning (11th March). Suggesting that he had already told his employer, verbally, that he was leaving the force. A leaving date of 7th June might imply that such a conversation took place during the previous week, on 7th March.

The usual valedictory prose pads out a substantial portion of the rest of the statement – and it is much nearer the beginning than the end where the reason for the sudden exit is given: Mr Barton wants to ‘spend more time in his greenhouse and with his grandchildren‘.

Earlier in the statement he is quoted thus: ‘There remain many challenges in policing that I would have relished tackling, but there comes a time when one should hand the baton to the next generation of talented and committed people who will bring their own style, thinking and approach’. Which is an oddity, of itself, as the National Police Chiefs Council, of which Mike Barton is a very prominent, outspoken member, openly admit there is a troubling, and worsening, dearth of senior officer talent in this country.

But above all, he said, the role as Durham’s chief constable had been ‘exciting’ and ‘enormous fun‘. His police colleagues in Durham, and possibly elsewhere, refer to him as a ‘nutter’. In the comedic sense, one assumes?

The statement concludes by saying that details of the procedure to recruit the next chief constable will be announced by the PCC’s office over the coming months. Which precludes any handover, by Barton, to his successor in the top job. The role currently attracts a remuneration of £134,400 per annum, plus the use of a pool car for private use and generous pension benefits.

This unexpected, and largely unexplained, departure is in a similar mode to that of a another experienced, long-serving, recently retired chief, the enigmatic Dave Jones, who ended his service at neighbouring North Yorkshire Police. Except that Jones did what was, effectively, a ‘moonlight flit‘. On the day his departure was announced, 9th April, 2018, after a period of annual leave over the Easter period, he put in a three month sick note and never appeared at force HQ again. NYP were then forced to seek a successor in his absence, with no smooth transition period, and the consequent cost and operational penalties.

Pertinent public interest questions put to the disgraced North Yorkshire Police and Crime Commissioner, Julia Mulligan, concerning proposed action over a possible contract breach, drew the usual blank. Jones’ had willingly committed to remain at NYP until May, 2020. Turning his back on around £350,000 in salary and benefits to ‘spend more time with his family‘. His three months of sick leave was worth over £40,000 in pay and benefits.

It is worth noting, in a wider context, that Dave Jones spent the first 21 years as a Greater Manchester Police officer and was, at one stage, a CID colleague of Peter Jackson.

Mike Barton has walked away from a similarly large sum, and given much the same reason for doing so. Which, in both cases and taken at their face, appears scarcely credible.

Jones was facing a mounting series of operational problems, adverse inspection reports, quite astonishing criticism from an appeal court judge, and other serious questions about his competence and integrity posed in the media. Other possible reasons for his departure are explored in another article on this website (read here).

But Barton has, previously, faced none of the sort of relentless journalistic scrutiny which came the way of North Yorkshire Police before, and during, the Dave Jones era, and he appears to have an excellent relationship with local and national media. Basking in the glory of being rated as the country’s best police force, according to Her Majesty’s Inspector of Constabulary, and being a ‘colourful character’ to boot. Relations between chief constable and police commissioner also appear to be always positive. A situation that could not be said of Jones and his own controversial, and soon to depart, PCC.

But taking on the Hopkins investigation has brought about a different type of scrutiny, not least from this quarter, from whence, and with ample justification, Durham Constabularly is frequently referred to as “a grubby little police force” – and it is already very clear that Durham are not enjoying the oversight. Blocking posts on social media would be a particularly peurile, and futile, example. If a detective chief inspector, and a senior professional standards officer to boot, doesn’t want to hear the truth about the failings of her police force, then Victoria Martin might reflect on her Oath of Constable and whether she is, in fact, deployed in the right vocation. 

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Operation Lackan is very likely to turn out to be highly toxic and Mike Barton has appointed as his Silver Command an officer who appears, on all the evidence seen so far, to neither have the requisite competencies, judgement, resilience or the temperament, to cope with what faces him across the Pennines: Investigating the chief officer of a police force beset with very serious organisational and leadership issues, at least six times the size of his own. A journey so arduous he has, on at least one occasion, required the services of both a detective sergeant AND a driver.

Darren Ellis, a civilian investigator who appears to be Barton’s favoured bag-carrier, has already been placed on written notice concerning some of the professional failings identified, so far, and reacted to reasoned, and well evidenced, criticisms with a grotesquely unprofessional, spiteful, childish response. Ellis also appears to be highly sensitive to fair, and plainly expressed, comment on social media. Even though, surprisingly, and for one who has such an extraordinarily high opinion of himself, he appears to have no presence on Twitter. He was, also, previously a close working colleague of DCI Martin (and may well still be a subordinate in her department). Which may well imply a cultural, or organisational, issue within Durham Constabularly in dealing with hard truths. 

The obsession, stoutly maintained by Ellis, of the existence of a partnership, or other influential or advisory arrangement, between Peter Jackson and Neil Wilby does him no credit. He has been told, repeatedly, by both, it simply does not exist. There is simply no evidence to support his near-frenzied repetition. 

Neither does his bizarre authorisation of the release of lengthy, and unredacted, email correspondence between complainant and police investigator, to an investigative journalist, and all the consequent breaches of the Data Protection Act.

In a previous investigation in which Darren Ellis was closely involved, as lead investigator, Durham Constabularly were criticised, for apparent lack of understanding of data legislation, by Police Scotland’s Deputy Chief Constable, Rose Fitzpatrick. In the same letter, which can be read in full here, she also noted that Durham had stepped outside of the agreed terms of reference.

The Lackan investigation, conducted with appropriate rigour, and following the evidence, will see the end of the career of Hopkins, if he hasn’t already joined the ranks of disgraced senior officers from the Manchester force who have either resigned, or retired over the past few years. These include ACC Rebekah Sutcliffe (Titgate), ACC Steve Heywood (lied to Grainger Inquiry; forged policy log entries), ACC Terry Sweeney (Operations Poppy 1, 2 and 3), ACC Garry Shewan (Operation Redbone; Operations Lamp/Redhill; £70million iOPS failure).

Sweeney’s departure, whilst facing gross misconduct investigations, including the Shipman body parts scandal, infuriated many policing commentators and, actually, led to a change in the law. The other three departed on Hopkins’ watch as chief constable. He was deputy chief when Sweeney slid out the back door of GMP HQ.

Two of their replacements are already mired in controversy, ACC Mabs Hussain (read more here) and T/ACC Annette Anderson, who is currently on a three month absence from the force, whilst attending a senior leaders’ course at the College of Policing. Hopkins is directly involved in the former and, indeed, created it. His deputy, DCC Ian Pilling is closely involved with the Anderson scandal and is also the subject of robust, well-evidenced, criticism over a series of alleged ‘cover-ups’ that have already featured, regularly, elsewhere on this website. He presently faces no misconduct proceedings, but will definitely be cited in evidence supporting the section of the Jackson complaint that deals with institutionalised deceit.

Ex-ACC Dawn Copley could also, feasibly, be added to the list of controversial ex-Manchester retirees. She became the shortest ever serving chief constable in police service history when her tenure lasted just 24 hours at South Yorkshire Police. It has been well reported that ‘Big Dawn’, as she is commonly known, and Peter Jackson, clashed a number of times, as he repeatedly insisted that an investigation should be launched by another police force concerning the ill-starred Operation Nixon (read more here).

Both Copley and Pilling are former Lancashire Police colleagues of Mike Barton, and therein at least part of the answer to the latter’s sudden departure may lie. If, as might be expected, the dishonesty complaint against his chief constable colleague, Ian Hopkins, widens to examine an institutionalised culture of deceit and ‘cover-up’ that cascades down from the top of the Manchester force. A point presciently made in one of a series of articles by The Times journalist, Fiona Hamilton, who is also likely to give witness evidence in the Lackan investigation.

On any independent view, Greater Manchester Police, absent of any meaningful oversight from those public bodies responsible, principally the Deputy Mayor and the perenially hopeless Independent Office for Police Conduct, is a ‘bandit’ police force that, to maintain public confidence, requires urgent intervention from the Home Office. Reminiscent of the dark days of the infamous Leeds City Police in the late 1960’s and eary 1970’s. In slightly different terms, The Times newspaper has twice called for a public inquiry, via its hugely influential leader column. Read by every Prime Minister since 1788.

Which poses a second question concerning Mike Barton: In the twilight of what is reported to be a long, illustrious, and decorated, police career would the Durham chief want to risk being dragged, wittingly or unwittingly. into a situation that has already stained the careers of so many other senior police officers – and likely to end several more? 

Comment about any investigation would normally, and quite properly, be reserved until its outcome is published, so as not to engage prejudice. But this particular matter is wholly exceptional, as it has almost entirely been played out in the public domain. The complainant is a very high profile police whistleblower and the misconduct complained of concerns the chief constable of the UK’s fourth largest police force. Two of the witnesses are journalists. Another one is a retired police officer, a fourth is a serving police officer. There are a large number of national newspaper articles, and publicly accessible investigation reports, concerning the Jackson disclosures, which date back to 2014. Indeed, Operation Lackan centres around one of those articles, published by The Times in June, 2018; the Hopkins response; and two follow-ups in The Times that destroyed both the police statement and one made in support of it by the Deputy Mayor of Manchester, Beverley Hughes

In my own extensive and informed knowledge, there can only be one conclusion: Hopkins has, on any view of the facts, misconducted himself and, with it, brought disrepute to the door of his force. The only matter to be determined is one of degree. Which may be the third reason why Mike Barton has decided to go.

Fourthly, Operation Lackan promises to be neither ‘exciting’ nor the ‘great fun’ that the Durham chief says is his more familiar experience in police HQ at Aykley Heads. Far, far from it. There is likely to be a some banging of heads against brick walls dealing with the Manchester Mayor’s office and Barton may have decided, after his experience of the Police Scotland investigation, that enough is enough (read more here).

By way of another curious coincidence, a gross misconduct investigation, carried out on behalf the the Cheshire police commissioner, into another chief constable, Simon Byrne, was one of the reasons mooted for the abrupt departure of Dave Jones. Described by John Beggs QC as ‘sub-optimal’, at the subsequent disciplinary hearing, the much-feared barrister was being uncharacteristicly over-generous. As the public hearing unfolded in Warrington Town Hall, it became clear that Jones had been out of his depth: The investigation was a shambles, almost from start to finish. He had previously told the commissioner, David Keane, that he was experienced in such matters. It appears as though he was not. What was not disclosed to Mr Keane was that Jones and Byrne had a professional association, via the Scrutiny Board of the National Police Air Service. A member of that same body, at the material time, will say that the two ex-chiefs were friends. Both Byrne and Jones were also senior ex-Greater Manchester Police officers.

By contrast, there is no doubt at all that, given a free hand, Mike Barton could, and very probably would, investigate the Hopkins allegations effectively, and report back efficiently, with appropriate findings. But the big issue is, whether his terms of reference from the Manchester Mayor’s office, where knowledge of the applicable statutory framework appears seriously limited, would have allowed him such liberty. That could be advanced as the fifth and most crucial reason. Who wants to conduct an investigation with their hands tied behind their back? But now, with Barton’s impending retirement, we will never know.

Greater Manchester Combined Authority, on behalf of the Mayor of Manchester, Andy Burnham, confirmed, in a press statement dated 15th March, 2019, that Chief Constable Hopkins would not be either suspended, or placed on gardening leave, whilst the misconduct investigation is in progress. That strongly implies that Mayor Burnham has not passed the matter over to Durham Constabulary as a ‘gross misconduct’ investigation, but a much lesser one of ‘misconduct’. GMCA has not confirmed, as yet, whether a Regulation 15 notice has been served on the chief constable. Enquiries to Greater Manchester Police press office on this subject were referred to the Mayor’s office.

Terms of reference for the investigation have now been disclosed by Durham (read here), after unnecessary delay, apparently as a result of invervention by Darren Ellis, and, put shortly, fall well short of what Ellis promised the complainant in correspondence with him and, it appears from that email chain, assurances given in the face-to-face meeting they had. Peter Jackson has emphasised two key points throughout his contact with Ellis:

– Firstly, that a term of reference be included to the effect that the investigation will ‘go where the evidence takes it’. In layman’s terms, that means if other offences, either misconduct or criminal, are uncovered during the taking and examining of the evidence, then the investigating officers would pursue those appropriately.

– Secondly, Jackson has maintained that the very public and deliberate smearing of himself, Fiona Hamilton and her newspaper by Chief Constable Hopkins cannot amount to anything other than an abuse of his position, and conduct that brings disrepute to both his own force and the wider police service. Hopkins has made no attempt to put the record straight with a correction statement and that fact simply adds an aggravating feature to the offences.

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Allowing the scope to be limited in this way, after a delay of what appears to be almost three months, does not bode well for the efficacy of the Mike Barton investigation. Neither does the secrecy surrounding his sharp exit from it.

The acquisition of further knowledge behind the Durham chief’s retirement decision, and the PCC’s enthusiastic endorsement of it, are now the subject of two searching freedom of information requests (read here and here). 

Page last updated on Sunday 24th March, 2019 at 1335hrs

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.

Picture credit:  Durham Constabulary

© 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.

 

 

More sex abuse failings uncovered in ‘House of Secrets’

Two weeks ago, the first of a series of five articles was published on this website that will shed more light on the unethical, unprofessional – and in some cases unlawful – conduct of Police and Crime Commissioner, Julia Mulligan, and her growing team of extravagantly rewarded senior officers, headquartered in what has previously been dubbed ‘The House of Secrets‘.

This second article re-opens the running sore of extracting disclosure from the PCC’s office and, in doing so, also re-visits two other long held concerns: Failing to hold the chief constable to account and Mrs Mulligan’s apparent distaste in addressing alleged senior police officer failings over child sexual exploitation.

A more recent concern, since he was appointed in 2017, is the ineffectiveness, duplicity and sleight of hand of her deputy, Will Naylor. That was explored in some detail in the first article in this series (read here).

On 24th January, 2019 a simple enquiry was sent by email to Naylor. It concerned matters already well ventilated in the public domain. The catalyst for the request was Mrs Mulligan’s extraordinary, and belated, claim that she had been raped as a 15 year old, together with inside information passed to me about her former chief constable. To the effect that he had, allegedly, not co-operated with the Greater Manchester Mayor’s inquiry into police failings around the Rochdale and Manchester ‘Curry Mile’ child sex abuse scandal.

That, of course, is his inalienable right. It was not a judicial, or even a Departmental inquiry, to which witnesses could be summonsed. Except that the State is funding his gold-plated pension, worth around £70,000 per annum. The reasonable expectation is, therefore, that he should have given evidence. Cleared the air. The corollary being that adverse inference may be drawn if he has not.

The request for information from the Deputy PCC was expressed in the following terms:

“You may recall that, at the last PCP meeting I attended, at Selby Civic Centre in January 2018, it was brought into public knowledge, by Cllr Peter Dew, that a complaint had been raised against the then chief constable [Dave Jones]. At the time, and my notebook records this, Julia told the Panel that there would be a robust, thorough investigation. The PCP minutes (see attached) do not reflect that, but I am sure that the tape recording of the meeting will.

“I am told, by a policing source, that there was a disapplication and no investigation by the PCC took place into Mr Jones’ alleged knowledge of child sex abuse and the shutting down of police investigation(s) by senior officers within GMP. No further mention of the matter is recorded in subsequent PCP minutes. Cllr Dew, of course, left the Panel last year over Julia’s unpleasant behaviour towards him, which further obscures the issue.

“In summary, and please forgive the convoluted route, can you please tell me [1] on what date a recording decision was made regarding the complaint raised by Cllr Dew in the PCP meeting against Mr Jones, and [2] the outcome?

“It is not possible to distil such knowledge from the scant information provided on NYPCC website.

https://www.northyorkshire-pfcc.gov.uk/how-can-we-help/complaints/complain-chief-constable/

The reply from Naylor, after the standard delaying tactics, was short and to the point:

“In response to your questions about the response to a Chief Constable complaint (sic), I am unable to share that information with you. We publish the overall number of complaints against the Chief Constable (current and past), and actions taken thereafter. We do not, and do not intend to, go into the detail of each of those with about (sic) individuals who were not part of that complaint.”

This email was sent by way of reply:

Screen Shot 2019-02-16 at 09.21.19

As of 22nd February, 2019 that email had been ignored by all the recipients. Not even the courtesy of an acknowledgement. A polite reminder, sent to Jane Wintermeyer, on 15th February, 2019 urging her to deal with the matter, at her earliest convenience has also remained unanswered.

In the meantime, other enquiries had revealed a troubling chain of events. It was discovered that the complaint against ex-chief constable, Dave Jones, had been made on 8th December, 2017 by Anthony Nixon, a retired solicitor and North Yorkshire resident. It followed the refusal by Jones to respond to a letter sent to him, by Mr Nixon, following the airing of the seminal BBC documentary series, Three Girls. 

Mr Nixon holds the view, shared by a number of others, including some very high profile Greater Manchester Police whistleblowers, that Jones, Head of the Criminal Investigation Division of GMP at the material time, may know more about the shutting down of complaints of child rape, within his operational area, than he is prepared to admit. Put shortly, the allegation is that either Jones (and others) was complicit, or he was incompetent and negligent in his duties with the most awful consequences for hundreds of victims in Rochdale and on the Manchester ‘Curry Mile’.

On 29th March, 2018, Dave Jones, less than three months after the complaint against him was aired at the Police and Crime Panel meeting by Cllr Dew, did what is described in Yorkshire as a ‘moonlight flit’. He was not seen again on duty after that date. He had booked annual leave until 9th April, 2018, then gave notice of his retirement on that day. In the same moment, he went on sick leave until the end of his notice period, 9th July, 2018. He collected over £40,000 from the taxpayer during that short time. Not a word has been heard of him since.

PCC Mulligan has never explained why she, at first, gave two misleading accounts over her chief constable’s shock exit and has not, since, pursued Jones over breach of the service contract he signed, that should have kept him in post at NYP HQ until 2020. A freedom of information request I made to her office confirms that no legal action was taken against him.

The reason she has given for Jones’ disappearance is that ‘he wants to spend more time with his family’. Giving up at least £350,000 in salary and benefits to do so. The reader is invited to draw their own conclusion as to the plausibility of that arrangement.

An underperforming chief constable, who failed miserably in the running of almost every single operational area of his police force, in the five years he was in post; had little regard for the law or other regulatory strictures; overspent his budget by over £1,000,000 in each of his last three years in post; scarcely faced a single word of criticism from the elected official, whose primary functions include setting the budget for the police force and holding the chief constable to account: PCC Julia Mulligan.

Conversely, and perversely, she made excuse after excuse after excuse, each more implausible than the last, to explain away a lengthy series of catastrophic failings. The only recorded criticism that can be traced is over the rating of North Yorkshire Police as ‘inadequate’ over the recording of crime. This finding was made by Her Majesty’s Inspector of Constabulary in March, 2018. 

Whether the complaint against Jones, by Mr Nixon, was a factor in the unexpected departure of Jones is still a matter of speculation, but the likelihood of that is diminished by the discovery that, on 26th January, 2018, a letter from the PCC’s office was received by Mr Nixon. It was signed off by Fraser Sampson, the chief executive, and set out the reason why the complaint against Jones would not proceed: Essentially, claims Mr Sampson, the complaint was a repeat of another made in 2015, over much the same matters. It ignores completely the issues raised by the complainant that could only have come to light since 2015.

There is another troubling feature, insofar as the four year investigation, relied on by Sampson (Operation Span), to dismiss the second of Mr Nixon’s complaints, did not cover either the relevant period, or the GMP senior management, of which Jones was, of course, a key player. An even more concerning aspect is that Span was a joint enterprise between the disgraced Independent Police Complaints Commission and GMP’s notorious Professional Standards Branch, the latter charged with investigating their own officers. Unsurprisingly, in spite of 1,000’s of preventable criminal and very serious offences of child rape, trafficking and exploitation, not one single GMP officer faced misconduct proceedings.

It has transpired that Mr Nixon was completely unaware, until I told him very recently, that his complaint had been raised in the PCP meeting by Cllr Dew, a retired North Yorkshire Police officer who served for 30 years, from 1971 onwards. Mrs Mulligan, Fraser Sampson and Will Naylor were all present in that meeting, but neglected to keep Mr Nixon informed. Indeed, there was no communication at all between him and the PCC’s office betwen his complaint being made on 8th December, 2018 and the Sampson decision letter seven weeks later. A recording decision should have been provided to Mr Nixon within 10 working days to comply with the applicable statutory framework.

In fact, on 15th January, 2019, as he was perfectly entitled to do, Mr Nixon made a complaint against Mrs Mulligan over her failure to respond to his complaint against Jones. He did, however, make that complaint to the IPCC, who by then had attempted to disguise their dreadful reputation with a name change to Independent Office for Police Conduct (IOPC), rather than to the Police and Crime Panel, who are the ‘Appropriate Authority’, in terms of the legislation, for dealing with such matters.

Nevertheless, the IOPC forwarded the complaint to the PCP for them to deal with. The fate of that complaint, and the troubling manner in which it was dealt with, is the subject of a further article, yet to be published. Put shortly, the PCP did not even record the complaint against Mrs Mulligan, even though she has been criticised by Panel members, on a number of occasions, over her office’s handling of correspondence and dealing with complaints.

Mr Nixon maintains, and it is a strong argument, that without them being made aware, by the IOPC and then, in turn, the PCP, of the consequent complaint against Mrs Mulligan, his issues concerning Dave Jones would have been ignored altogether by both the PCC and Mr Sampson.  With, or without, the intervention of Peter Dew.

The Nixon hypothesis is supported strongly by the fact that no report to the PCP, over the fate of the complaint against Jones, was made at the meeting in February, 2018. Or, at any subsequent meeting. Cllr Dew has, helpfully, confirmed that he was not informed, either. He was aware that a matter raised by Mr Nixon had been referred to the IPCC (IOPC) at the time, but was, quite understandably, not clear as to either the substance, or its outcome. Particularly, as he resigned from the PCP in July 2018 before Mr Nixon’s IPCC/IOPC/PCP matter was settled.

It is fair to say that the failure to record Mr Nixon’s complaint, which taken at its face, and after filtering out the hyperbole, appears to have merit, was brushed under the carpet by PCC Mulligan. She plainly hoped that the matter would be forgotten about. As it very nearly was.

The allegations, in any event, decayed when Jones left North Yorkshire Police. The sex abuse victims in Rochdale and Manchester, and the police whistleblower who first brought the matter to light, Maggie Oliver, incensed at the outcome of Operation Span, were undoubtedly let down once again. This time by a police commissioner who portrays herself, quite wrongly in my own personal, and professional experience, as a victims’ champion.

This was not the first time child sex abuse victims were let down by senior officers within North Yorkshire Police and Julia Mulligan. The antics of both, as a large number victims of such abuse at the hands of former BBC celebrity, Jimmy Savile and ‘Mr Scarborough’, Peter Jaconelli, was painstakingly uncovered by two citizen journalists, Nigel Ward and Tim Hicks, contributing to the North Yorkshire Enquirer website, simply beggared belief.

The two journalists were subject to a £1 million pursuit by the police, enthusiastically funded by Mrs Mulligan, in order to silence the Enquirer’s stinging criticism of the force and the PCC whom, between them, had found not a single Jaconelli or Savile victim. The police, and its commissioner, went to extraordinary lengths to deflect rebuke, despite the fact that the two infamous perverts had offended, unchecked, for decades in North Yorkshire. There appears to be little, or no, trace of support for those victims and a reluctant, mealy-mouthed apology was eventually squeezed out of the now retired assistant chief constable, Paul Kennedy.

Dave Jones, chief constable at the time, remained silent on the topic, apart from leading the disgraceful criminal, then civil, action against the journalists (read more here). Others notably involved as claimants in that private civil action, fully paid from the public purse, were Jones’ deputy, Tim Madgwick, who is now, incredibly, Chair of York Safeguarding Board and, even more incredibly, the present NYP chief constable, Lisa Winward.

The Jaconelli and Savile ‘cover-up’, by the force and its beleagured PCC, repeatedly alleged by the Enquirer, is serious enough of itself. Many thousands of words have been written about the scandal by Messrs Hicks, Ward and other media outlets. Viewed in the light of what now may also be a second alleged ‘cover-up’ involving child sex abuse and North Yorkshire Police, or, at least its most recent ex-chief, and the PCC, and the well-publicised and catastrophic failings of the force’s Protecting Vulnerable Persons Unit (PVPU), also glossed over by Mrs Mulligan at the time (read more here), a deeply troubling pattern emerges.

On any view, it does not sit well with her own positioning as a victims’ champion. Nor does it chime with her recent ‘stage-managed’ claim to have been raped, as a 15 year old, and relating it to the desperate fate of the child sex abuse victims in Rotherham and the ‘Me Too‘ campaign. Absurd, given that all those victims have, very bravely, named their attackers and supported prosecutions, where appropriate.

A story, according to a very reliable source, that was published by the Yorkshire Post as a quid pro quo for that newspaper burying reports over Julia Mulligan’s association with convicted kidnapper, Mujeeb ur Rehman Bhutto. She is alleged to have asked a member of her PCC staff to trawl through her personal Facebook account and delete all references to Bhutto. A Conservative campaigner, and donor, that Mrs Mulligan now claims was just one of three hundred people working on her campaign to become an MP in 2010.

This Bhutto/Mulligan exclusive was published by the Northern Echo (read full story here), two days before the Post’s public relations exercise, and produced what is described by an insider as a ‘nuclear reaction‘ from the short-fused police chief. She had previously told a select group of journalists (which, of course, excluded myself) that she had been sexually assaulted in her earlier life, but asked them not to publish any details.

The police commissioner’s rape claim – and her insistence that it is not investigated and the alleged rapist not brought to book – is the subject of another searching article that will be published on this website in the very near future.

Julia Mulligan, Fraser Sampson, Jane Wintermeyer and Will Naylor have all been offered right of reply. As has the Police and Crime Panel.

Only Mrs Wintermeyer has responded: “No comment, thanks”

Page last updated on Wednesday 27th February, 2019 at 1030hrs

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.

‘Open and transparent’ Police & Crime Commissioner stonewalls questions over public misconduct hearings

There are few words in the policing lexicon that crop up more often than ‘open’ and ‘transparent’. Some luminaries, such as North Yorkshire Police and Crime Commissioner (PCC), Julia Mulligan, use it so often that they actually begin to believe in the myth.

There are few words in the policing lexicon that crop up more often than ‘open’ and ‘transparent’. Some luminaries, such as North Yorkshire Police and Crime Commissioner (PCC), Julia Mulligan, use it so often that they actually begin to believe in the myth.

The latest example cropped up only yesterday with a story run by the usually police-friendly York Press [1]. The thrust of the piece is that a reporter from their sister newspaper, The Northern Echo, was denied entry to a police disciplinary hearing due to open at police HQ at Newby Wiske, near Northallerton.

Up pops Mrs Mulligan and immediately pledges to “put transparency at the heart of this process”. Conveniently forgetting that it is already a statutory requirement to do so under Police (Conduct) Regulations [2].

But that is only half the story. Misconduct hearings against North Yorkshire Police (NYP) officers alleged to be in breach of Standards of Professional Behaviour [3] fall under the remit of their Professional Standards Department (PSD). It is a part of NYP’s operations that has come under stinging criticism over the past few years. Not least from myself in other articles on this website.

insp-sarah-sanderson

Prior to the current proceedings, involving gross misconduct allegations against Inspector Sarah Sanderson (with whom I had a brief and uncontroversial professional interchange in August 2012, just before her promotion to T/Chief Inspector), there has only been one other misconduct meeting heard in public involving a NYP officer. This was the widely reported ‘I love weed‘ case involving ex-PC Simon Ryan [4].

Having accidentally discovered it was taking place whilst researching for another article, I actually registered via the NYP website for the Ryan hearing, although as a press card carrying journalist it galled me to do so.

A response came two days later from an unidentified PSD officer (no name, no collar number which is, of itself, a breach of the Code of Ethics) who informed me that ‘a seat had been allocated‘.

There were also other myriad conditions which were set out at this weblink [5]. The sum of it was, there were no facilities at all for reporters, and they were also being asked to leave the building every time the hearing adjourned. Which for proceedings of this type is usually frequently.

I asked PSD by email if a small room with just a table and some chairs could be provided, so that reporters could do their job. An anonymous responder (again) informed me: “I’m afraid that we do not have the available space in order to facilitate your request“.

No catering or drink facility was to be provided to attendees at the hearing – press or otherwise – and I didn’t get as far as asking about toilet facilities.

For my part, I decided that three 140 mile round trips, at my own expense, with no guarantee that my two battery powered devices would last the day without infusion of mains electricity, added to the prospect of flask and sandwiches in the car, and trying to work my laptop on my knee during the hearing, was not at all an appealing combination. I concentrated on other work and hoped one of the local or regional newspapers, who covered NYP matters, would report on the proceedings.

In the event, the hearing only lasted two days and only Tom Wilkinson from the Press Association was in attendance. As such, he still holds the distinction of being the one journalist ever to attend a NYP misconduct hearing.

Unless there is an entirely different approach taken towards the press, after Mrs Mulligan has spoken to the Chief Constable, then Tom might hold that record for some time yet. It is also interesting that he hasn’t ventured to Newby Wiske Hall for a second time.

The PCC and the chief could make a start by changing the venue from Newby Wiske Hall for a start. If it doesn’t have the requisite facilities then why hold hearings there? A question that has been put to both Mrs Mulligan and Dave Jones.

In the interests of ‘openness’ and ‘transparency’ neither even responded to the email seeking comment. Two questions were put to both police chiefs:

1. Why are card-carrying journalists required to register to attend disciplinary hearings?
2. Why is Newby Wiske Hall used as a venue when it is plainly unsuitable?
Readers are invited to draw their own conclusions as to whether they are in the public interest and it was reasonable of Mr Jones and Mulligan to stonewall them.

 

Page last updated: Wednesday 21st September, 2016 at 1750hrs

[1] York Press 19th September, 2016: ‘North Yorkshire PCC will speak to Chief Constable after reporter refused entry’.

[2] Police (Conduct) Regulations 2012.

[3] North Yorkshire Police: Ethics and Standards.

[4] BBC News 14th June, 2016: ‘I love weed hat PC Simon Ryan sacked from North Yorkshire Police’.

[5] North Yorkshire Police: Misconduct hearings.

 

Photo credit: Northern Echo

 

Chief Constable and Police Commissioner face court action over persistent data and information breaches

County Court claims have been filed naming Julia Mulligan, the Police and Crime Commissioner for North Yorkshire and her Chief Constable, Dave Jones, as defendants over persistent breaches of both the Data Protection Act, 1998 and the Freedom of Information Act, 2000.

The court action in both cases has been taken out by investigative journalist, Neil Wilby.

Recovery of costs of the time spent dealing with both the PCC’s office, and the police force’s Civil Disclosure Unit, over their failure to comply with the law over two data subject access and eleven freedom of information requests is claimed.

One information request made by Mr Wilby took 373 days before a response was given. The request simply asked for the number of sergeants in the force with the surname ‘Smith’.

A court order compelling the Commissioner and the Chief Constable to lawfully dispose of the data and information requests within 14 days is also sought.

foia2000

The PCC’s acting Chief Executive, Simon Dennis, initially instructed Joint Corporate Legal Services, which serves both the police force and the PCC’s office, to respond to the claim.

Acting Force Solicitor and Head of Legal Services, Jane Wintermeyer, confirmed receipt of those instructions from the PCC and intimated that her department would also deal with the claim against the Chief Constable, once it has been served on him by the court.

Mrs Wintermeyer also says: “The Civil Disclosure Unit are (sic) continuing to deal with the  outstanding Subject Access Request, FOI’s and Reviews and will revert as soon as they can”. Which is, on any reasonable view, a frank admission that the PCC and the force are operating outside of the law in dealing with Mr Wilby’s requests.

However, following objections raised by Mr Wilby to both Mr Dennis and the Chief Constable, Mrs Wintermeyer was replaced by an outside firm of solicitors. Leeds law firm, Weightmans, has filed the acknowledgement of service with the court. The protest against the involvement of Mrs Wintermeyer was grounded in the fact that she is presently the subject of two serious, and unresolved, conduct complaints.

The involvement of Weightmans has already proved controversial. Their senior partner, Nick Collins, who is handling the claim had, in early skirmishes, made the quite astonishing assertion that ALL of Mr Wilby’s freedom of information requests were classified by both North Yorkshire Police and the PCC’s office as “vexatious”. He has since withdrawn the allegation, confirmed that NONE of the requests were in fact vexatious, and offered a retraction and an apology. He claims that he was NOT acting on instructions from the police or the Commissoner’s office when making this outrageous and offensive claim – and that he simply made it up himself.

Unperturbed, the errant lawyer then ventures into the area of “vexatious” data subject access requests. Data access is governed by S7 of the Data Protection Act and the concept of a “vexatious” request under the Act would test even the most experienced data practitioners. There is certainly no legal precedent that is readily accessible and, despite being invited to provide one, Mr Collins has so far declined to do so.

As Mr Wilby has only ever made one data request each to North Yorkshire Police and the PCC – neither of which are finalised appropriately several months later – it is difficult to see where Mr Collins is going with this inference.

There has, however, been no retraction of another wild, unevidenced assertion by Mr Collins to the effect that the “large” number of information requests made by Mr Wilby (a total of nineteen in two years by an investigative journalist to two different data controllers) was a significant factor in causing 500+ other requests per year to be finalised outside of the statutory period. Made all the more incredible by that fact that published data shows non-compliance was at its worst before Mr Wilby made his first of those requests in September 2014.

To top that all off, Mr Collins asserts that his clients have not broken the law: In the face of the most compelling and overwhelming evidence. He is refusing to say whether he is acting on instructions from the police, and the PCC, in order to make such claims or, as with the false ‘vexatious’ submission, he has simply made this up himself, as well.

But the biggest difficulty of all faced by Mr Collins is that he has signed Statements of Truth, below the two Defence documents filed on behalf of the Chief Constable, and the Police Commissioner, that are both palpably false. It would also be difficult to persuade a judge that he had an honest belief in their truth, given what he has alleged and then later admitted.

He is presently the subject of a complaint to the Solicitors Regulatory Authority – and Mr Wilby has invited the court, in his Reply to Defence, to apply sanctions against Mr Collins under Civil Procedure Rule 32.14 which deals with false witness evidence (see below).

Screen Shot 2016-08-31 at 21.12.30

All these shenanigans, which have also included peremptory, dark threats as to the financial consequences to Mr Wilby of not abandoning the claims, have already cost the North Yorkshire precept payer a sum estimated to be in excess of £20,000. Weightmans were invited, as a matter relevant to the issues in dispute, and to the proportionality of their defence, to state exactly how much has been charged. They have, so far, declined to do so. Indeed, they didn’t even have the courtesy to acknowledge the email bearing the request.

Poor communication, and lack of candour, by Mr Collins is a recurrent feature of Mr Wilby’s interaction with him, which reflects poorly on the professionalism of that law firm. That is also, it seems, reflected higher up the Weightmans food chain. In an increasingly tetchy interchange with their partner responsible for regulatory matters, James Holman, the firm refused to tell Mr Wilby, even when pressed on the subject, whether Mr Collins faced sanction internally over his conduct. In those circumstances, the working hypothesis has to be that there is nothing of this nature in the offing.

Mr Holman also insisted that having to be nudged for a response over a complaint of this seriousness did not constitute discourtesy. Mr Wilby has, sensibly, agreed to disagree with him.

Weightmans have, however, pledged to co-operate with the SRA’s investigation into the conduct of Mr Collins.

Freedom of information requests were made necessary to establish how much is being spent on defending these claims, by the police and the PCC, via their big city lawyers. Full details of both of these requests can be read here and here. The information requests also sought to establish which senior NYP and NYPCC officers are giving instructions to Mr Collins. Which, in itself, was expected to be revelatory. No information has been forthcoming. The original requests were the subject of an internal review prior to the matter being referred as a complaint to the Information Commissioner’s Office (ICO).

Some weeks ago, in an effort to resolve matters, Mr Wilby suggested that the total sum sought, in both of his claims, for his loss of earnings and disbursements (the grand total of £385), be donated to a charity of the Chief Constable’s choice. That, so far, has proved unacceptable to the profligate Chief, and his Commissioner, as a means of settling the matter.

There is also an issue with the form of words concerning the declaration of the court, sought by Mr Wilby, to the effect that the police and the PCC have both acted unlawfully, and the future remedy for such conduct. The fact that both the police and the PCC have continued to routinely break the law SINCE court proceedings were issued only serves to exacerbate the issue.

Interestingly, a complaint made by Mr Wilby in July, 2015 concerning Mrs Mulligan’s failure to hold the Chief Constable to account over Freedom of Information Act failings was NOT upheld by the Police and Crime Scrutiny Panel for North Yorkshire (PCP).

Between April 2012 and June 2015, NYP’s Civil Disclosure Unit failed to determine 1,558 (One thousand five hundred and fifty eight) freedom of information requests within the statutory 20 working day period. These figures, although known at the time by Mrs Mulligan, were not disclosed to the PCP in her formal response to Mr Wilby’s complaint. That matter will be re-addressed at the conclusion of the present court proceedings. Alongside a complaint from another journalist, Nigel Ward, who has an unfinalised information request dating back to 22nd February, 2015. Yes, 2015.

Mrs Mulligan now also has the unenviable record of a 100% failure rate over compliance in finalising data access requests. Over the past three years, there have also been a staggering 103 non-compliant data access requests finalised by the force. That might be a tough one for the PCP to find a workaround, when that fact is put to them formally about their ‘open and transparent’ PCC.

At a hearing on Monday 10th October, 2016, in  Huddersfield County Court, applications by the two policing chiefs to (i) transfer the claims to Leeds County Court before HHJ Gosnell (ii) strike out the claims or, (iii) alternatively, grant summary judgement in their favour were all dismissed.

The district judge found that there was a case to answer on the alleged breach by the chief contsable; an admission of breach by the police commissioner. It was also a finding that the matters concerning the information requests fell away, as their had been no formal application to allow in amended particulars, filed and served on 1st September, 2016, that went beyond the police chiefs’ defence grounded in S56 of the Freedom of Information Act. The judge did make the point that it was open to Mr Wilby to make a new claim against either police chief (or both), grounded in breach of duty, negligence and discrimination, rather than a breach of the Act per se.

The present claims against both the Chief Constable and the Police Commissioner were listed as back-to-back final hearings on the following morning before the same judge. They were represented by junior barrister, Sophie Mitchell, of St Paul’s Chambers in Leeds.

As on the previous day, Ms Mitchell did not distinguish herself. At the applications hearing she had attempted to hand a 16 page skeleton argument over to both the judge, and Mr Wilby, six minutes before the hearing. It was not accepted by either.

At the substantive hearings, Ms Mitchell produced a thick volume of legal authorities, of approximately 200 un-numbered pages, as the hearing was about to start. Whilst that was not, in itself, fatal to the administration of justice, the very late service – and unsatisfactory composition – of the trial bundle was. It had not reached the judge having only been despatched from Weightmans late on the previous Friday afternoon.

Mr Wilby was able to retrieve two sizeable lever arch files from his neighbour’s house (to where they had been delivered by the postal service on Saturday afternoon) at 7.30pm the previous evening. It is unclear when Ms Mitchell received her copy of the trial bundle but she claimed, to the astonishment of most of those present in the courtroom, that she hadn’t read it. In particular, Mr Wilby’s witness evidence around which the whole trial centred. At that point, the judge allowed a short adjournment for Ms Mitchell to read up on the case.

When court resumed, Ms Mitchell attempted to cross examine Mr Wilby over materials upon which the defence relied, but were not exhibited in the trial bundle. It was clear that proceedings could not continue in this fashion. The judge, accordingly, stood both of the cases down and made Orders for case management and re-listing.

The performance of both Mr Collins, in terms of the preparation for the trial and Ms Mitchell in how she prepared and advocated for her clients, both fell some way short of the professional standards that courts and litigation opponents can rightly expect. On this subject the last word goes to well known York-based governance adviser, Gwen Swinburn, who attended the adjourned final hearings:

screen-shot-2016-10-13-at-14-29-46

The Chief Constable, Mrs Mulligan and Mr Collins have all been approached for specific comment on this article. None of the three even had the courtesy to acknowledge the email carrying the request.

Mr Holman was also approached and his views have been taken into account when detailing the interaction with him, concerning the complaint against Mr Collins. He has asked Mr Wilby not to contact him further.

_________________________________________________________

Page last updated Thursday 13th October, 2016 at 1435hrs

© 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.

 

Protected: Crompton and Jones: Two of a kind?

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Letter to North Yorks Enquirer

Sir

The Hillsborough inquests verdict is the biggest story around at present with the conduct of South Yorkshire Police exposed as appalling beyond comprehension.

It has ended the career of my long term adversary, David Crompton, and he deserves every ounce of opprobrium and contempt that will come his way. I hope some of my own articles – such as this one https://neilwilby.com/2016/03/01/david-crompton-the-south-yorkshire-police-years/ – helped him on his way.

I spent a fair amount of time in that airless, featureless converted office block in Warrington that was prepared as a temporary coroner’s court to hear the new inquests. To listen to the same old lies peddled relentlessly by police officers sickened the bereaved families, the survivors of the Disaster, their legal teams and the journalists reporting from court. We will never know in detail what the jury thought of this repulsive conduct, but the verdicts they delivered spoke volumes.

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There is a link here to the good people of North Yorkshire because their Chief Constable, Dave Jones, is facing mounting criticism about how he runs his own police force. A contemporary of David Crompton at Greater Manchester Police where they were both chief superintendents, at the same time in the early years of this century, gives a clue as to what might follow for CC Jones.

North Yorkshire Police has been under scrutiny by me for over a year now and what I have found has shocked me profoundly: Since the launch of the uPSD website (www.upsd.co.uk) I had laboured under the belief that their big city neighbours, West Yorkshire Police had more integrity issues than the other two Yorkshire forces put together. Now that view is subject to revision.

A propensity by a police force such as North Yorkshire to break the law, calculatingly and relentlessly, in areas that are easily visible to the enquiring mind of investigative journalist does not bode well for those matters that require a little more digging out. NYP simply do not regard themselves as bound in any way by the Freedom of Information Act; the Data Protection Act; the Police Reform Act; IPCC Statutory Guidance; Code of Ethics or Police (Conduct) Regulations. The police flout them with impunity and – seemingly – with the tacit approval of those at the top of the management pyramid.

There is also this worrying culture of poor communication. Ask a difficult question and you are almost guaranteed not to get an answer. Or, if you do eventually get an answer there is a fair chance it will be untrue. This does not sit easily with the Chief Constable’s script on his force being ‘open and transparent’.

Equally worrying is the attitude of NYP towards its critics, which is a hair trigger response that involves denigrating and smearing – and in extreme cases spending huge sums of public money trying to silence journalists via the courts.

The North Yorkshire Police habit of senior officers helping themselves to public funds has also resurfaced under the regime of CC Jones. He and two other senior officers – DCC Tim Madgwick and C/Supt Lisa Winward – are the beneficiaries of approaching £100,000 of free legal fees to fund a private civil court claim. This is a scandal that goes beyond the financial transgressions of the infamous former NYP chief officers, Grahame Maxwell and Adam Briggs.

It was Lord Maginnis of Drumglass who uttered these words in Parliament in 2011 about North Yorkshire Police: ‘That particularly dubious constabulary that merits careful investigation

I have taken the Noble Lord’s words to heart.

Yours etc

 

Neil Wilby