Supercops assert rights to secret hearings

On 28th February, 2020 a highly significant judgment was handed down by Mr Justice Murray at the Royal Courts of Justice. Surprisingly, there appears to have been little national media coverage, given the intervention of both Bloomberg and the Press Association in the proceedings.

It followed two ‘without notice’ applications made by the National Crime Agency (NCA) in May and July, 2019. The first sought an Unexplained Wealth Order and the second an Interim Freezing Order (IFO). They were both heard in private on 12th July, 2019, two days after the second application was made.

Unexplained Wealth Orders (UWOs) were introduced pursuant to the Criminal Finances Act (CFA) 2017, in order to bolster the UK’s proceeds of crime regime and they have been the subject of much media attention since, mainly because of the vast sums of money and high value property involved.

The UWO, specifically, was the government’s response to the difficulty in bringing civil recovery proceedings where there was little information about an individual’s source of wealth and they were reliant upon assistance from other countries to provide evidence that the assets in question were the proceeds of crime.

The UWO, instead, places the onus on the subject of the order (the respondent) to explain the origin of assets that appear to be disproportionate to their lawful income.

Russian oligarchs allegedly laundering eye-watering sums of money in ‘Londongrad’ were seen as prime targets of the new legislation. Although recent press coverage appears to suggest that Director General, Lynne Owens, has conceded the fight against this particular group as ‘too big to handle’ (read more here).

The significance of the instant hearing was fourfold:

(i) It lifted an anonymity order granted by Ms Justice Laing on 4th July, 2019 in favour of the subject of the applications, Mansoor Mahmood Hussain. Six limited companies in which Hussain, better known locally as ‘Manny’ (or ‘Manni’), has a controlling interest were also listed on the application.

(ii) It named some of the leading players allegedly, or in most cases, proven to be involved in organised crime in the Leeds and Bradford area.

(iii) It set out the general principles for the making of a UWO and IFO and will stand as a legal authority on these matters unless, or until, challenged in a higher court.

(iv) It deals with the general principles for hearing UWO applications in private. That is to say with neither public nor press present.

The subject UWO Application was made by the NCA on the basis that they suspect that Manny Hussain is involved in serious criminality in connection with the activities of organised crime gangs (OCG’s) operating in the Bradford area; the criminality spanning a spectrum of serious crimes, including murder, drugs, firearms, fraud and money-laundering offences. The OCG’s concerned are known to be violent. The NCA’s case, in broad terms is that Hussain has been acting as an enabler, laundering the proceeds of the activities of a number of criminals, who are members of, or associated with, those OCG’s.

The main evidence supporting the UWO Application is set out in two witness statements, with supporting exhibits, made by Andrew Coles, an NCA Financial Investigator.

The evidence supporting the IFO Application is set out in a third witness statement made by Mr Coles, in which he also set out additional evidence of the NCA in support of the Agency’s application that the matters be heard in private.

According to the evidence of Mr Coles, 40 year old Hussain, born in Leeds, is self-employed as the director of a number of companies, purportedly engaged in property development and management. He has never been convicted of a criminal offence and has received only one, long spent, police caution, for assault and battery, administered in January 2009 by his local West Yorkshire force.

The other parties to the IFO are companies that are wholly owned by Mr Hussain and through which he controls various residential and commercial properties relevant to the UWO Application and, of course, the IFO Application. They are: (i) Laurel Terrace Limited (ii) Land88 Limited (iii) Jayco88 Limited (iv) Cubic Business Park Limited (v) 88M Group Limited (vi) 2 Park Square Limited.

The properties controlled by those companies are (i) Freehold property at 2 Sandmoor Drive, Alwoodley, Leeds, one of the most exclusive residential addresses in the city and its suburbs, the registered owner of which is Hussain. (ii) Freehold property at 3 Laurel Terrace, Armley Leeds, the registered owner of which is Laurel Terrace Limited. (iii) Freehold property consisting of land on the north west side of Paddock Hill, Mobberley, Knutsford, in the Cheshire stockbroker belt, the registered owner of which is Land88 Limited. (iv) Freehold property consisting of land on the south side of Doncaster Road, Wakefield, the registered owner of which is Jayco88 Limited. (v) Freehold property consisting of the Cubic Business Centre, Stanningley Road, Bramley, Leeds, and land adjoining it, the registered owner of which is Cubic Business Park Limited. (vi) leasehold property consisting of the ground floor flat at 101 Walton Street, Kensington, London, the registered owner of which is 88M Group Limited. (vii) freehold property consisting of 28 Park Square West, Leeds, including 13 The Stables, Somers Street, Leeds and 11 The Lodge, Somers Street, Leeds, the registered owner of which is 88M Group Limited; and (viii) freehold property consisting of 2 Park Square East, Leeds, the registered owner of which is 2 Park Square Limited.

Screenshot 2020-06-27 at 08.22.53
2 Park Square East (red door) with Leeds Town Hall in background

The latter four properties are in the exclusive legal quarter of the city, just a stone’s throw from the Crown Court.

The Cubic Business Centre is an impressive new ‘state-of the art’ building . It consists of 33 fully furnished offices all with air conditioning. There are conferencing facilities available, communal breakout areas, relax room, kitchen, shower room and also a gymnasium. There is ample onsite car parking and parking for staff and clients. They also have on site security surveillance which is manned at reception. CBC has its own website (see here).

The NCA’s case, put shortly, was that they had sufficient evidence to support a reasonable suspicion that Manny Hussain, a known associate of leading members of OCG’s, acts as a professional money launderer for a number of well-known criminals who operate in the Leeds and Bradford area, using specialist knowledge and expertise to find opportunities for his criminal associates to retain and to launder the proceeds of crime. One such way is to channel proceeds through corporate vehicles in order to fund the purchase of residential and commercial properties, principally held by, or through, companies that he controls. The NCA suspects that each of the properties listed above falls into that category.

The short history of the case is that the UWO Application was originally listed before Ms Justice Laing on 4th July 2019, to be heard in private. At that time, the NCA did not consider, on balance, that it was necessary, also, to apply for an IFO in connection with the UWO, in the interests of proportionality and taking the least invasive approach. It considered that the effect of service of the UWO, if granted, would carry sufficient weight to prevent Mr Hussain from taking action intended to thwart the UWO or any future civil recovery proceedings against him or his companies.

Following informal applications by Bloomberg and the Press Association challenging the decision to hear the UWO Application in private, the judge adjourned the hearing to 12th July 2019 in order to permit the two media organisations to make written submissions in support of the the press applications in accordance with CPR 39.2 (5).

On 8th July 2019 Reynolds Porter Chamberlain LLP (“RPC”), solicitors for Bloomberg and the PA wrote to the court indicating that their clients no longer wished to challenge the decision to hear the UWO Application in private and, therefore, wished to withdraw both press applications.

In its skeleton argument for the hearing on 12th July 2019, in relation to those press applications, the NCA indicated that it had spent considerable time preparing to address the issues of law and practice raised by those applications, including gathering evidence set out in the third witness statement of Mr Coles. Following the adjournment on 4th July 2019, the NCA also received information that, it considered, altered the risk profile so that an application for an IFO would now also be necessary.

Although the press applications were withdrawn, the NCA considered that they had raised fundamental issues of broad principle as to the nature and operation of the UWO jurisdiction and, in general, the need for privacy in relation to applications for a UWO to protect the integrity of the NCA’s investigation to which the UWO relates, as well as to protect the rights of the respondent to the UWO. Therefore, the NCA urged Mr Justice Russell to rule on the issue of principle raised by the now-withdrawn press applications. Firstly, addressing the general UWO jurisdiction and the need for privacy in a public judgment and then, secondly, dealing with the particular circumstances of this case in a confidential judgment to be handed down at a hearing in private.

Since the UWO and IFO were made, the existence of the UWO and the IFO have ceased to be confidential and have, in fact, been superceded by an acccount freezing order (AFO) made on 12 February 2020, following a hearing in public, by Mr Justice Supperstone. For that reason, there was no longer a need for a separate confidential judgment.

The legal framework is set out in highly forensic detail at paras 19 to 76 of the judgment, read in full here.

The privacy issues raised by the Press Applications

As made clear by Civil Procedure Rule (CPR) 39.2, the general position is that a hearing is to be open and held in public. Open justice is a fundamental constitutional principle. A hearing will be held in private only where strictly necessary to secure the proper administration of justice, after the court has satisfied itself that relevant considerations render it strictly necessary and after the court has considered any duty to protect or have regard to a right to freedom of expression which may be affected.

CPR, at section 39.2(3), sets out various relevant considerations and, for completeness, they are repeated here:
“(3) A hearing, or any part of it, must be held in private if, and only to the extent that, the court is satisfied of one or more of the matters set out in sub-paragraphs (a) to (g) and that it is necessary to sit in private to secure the proper administration of justice –
(a) publicity would defeat the object of the hearing;
(b) it involves matters relating to national security;
(c) it involves confidential information (including information relating to personal financial matters) and publicity would damage that confidentiality;
(d) a private hearing is necessary to protect the interests of any child or protected party;
(e) it is a hearing of an application made without notice and it would be unjust to any respondent for there to be a public hearing;
(f) it involves uncontentious matters arising in the administration of trusts or in the administration of a deceased person’s estate; or
(g) the court for any other reason considers this to be necessary to secure the proper administration of justice.”
Open justice is, therefore, the starting point and the default position. To the extent that there are restrictions on reporting, it is also necessary to consider Article 10 of the European Convention on Human Rights (“ECHR”) as incorporated into English law by the Human Rights Act 1998.

The rule of open justice is, of course, not absolute. CPR 39.2(3) stipulates that a hearing must be held in private if the court is satisfied as to one or more of the matters set out in that rule. Mr Andrew Sutcliffe QC, leading counsel for the NCA, submitted, in relation to the issues raised by the press applications, that subparagraphs (a), (c), (e) and (g) of CPR 39.2(3) each apply in this case in relation to both the UWO Application and the IFO Application.

Mr Sutcliffe also noted that the open justice principle is, occasionally, expressly derogated from by statute and submitted that the statutory material and guidance underpinning UWOs fall into this category, anticipating that UWO applications will, generally, be made without notice and determined in private.

Section 362 I(1) of POCA expressly provides that an application for a UWO may be made without notice. Again, for completeness, the revised Practice Direction provides at paragraph 11.1 as follows:
“11.1 The application [for a UWO and a related IFO] will be heard and determined in private, unless the judge hearing it directs otherwise.”
The presumption, therefore, is that the hearing will be private. In relation to court documents, the revised Practice Direction provides at paragraphs 9.1-9.3 as follows:
“9.1 CPR rules 5.4, 5.4B and 5.4C do not apply to an application under Part 8 of [POCA] (including an application for an unexplained wealth order or an interim freezing order) …, and paragraphs 9.2 and 9.3 below have effect in its place.
9.2 When an application is issued, the court file will be marked ‘Not for disclosure’ and, unless a High Court judge grants permission, the court records relating to the application (including the application notice, documents filed in support, and any order or warrant that is made) will not be made available by the court for any person to inspect or copy, either before or after the hearing of the application.
9.3 An application for permission under paragraph 9.2 must be made on notice to the appropriate officer, or (in the case of an application for an unexplained wealth order or an interim freezing order) the enforcement authority, in accordance with CPR Part 23.”

Mr Sutcliffe submitted that three important points can be drawn from the above provisions:

First, he says, it is clear that there is a strong presumption of privacy built into the UWO regime. It is not a matter of the NCA having to make an application to depart from a starting point of a public hearing. It is for those seeking to challenge the privacy and/or to obtain copies of court documents to make an application to do so.

Secondly, Mr Sutcliffe submitted, these measures are not simply about preventing the removal of property by the respondent before the order can be granted. The status of a UWO application is not tied to the existence or status of an IFO application, the latter being concerned with the risk of dissipation of property. To the contrary, section 362J(5) of POCA provides that an application for an IFO must be made without notice if the UWO application to which it relates was made without notice, rather than the other way around. This demonstrates that a UWO application is not made without notice for property preservation purposes.

Cousel noted that further support for this point is to be found in the Revised Code of Practice at paragraph 38, which states in relevant part: “… In deciding whether an application should be made without notice, the appropriate officer should consider the benefit of not holding the proceedings after giving notice to all parties. An obvious and common reason would be so as not to alert the person(s) connected to an investigation that it is ongoing. On notice proceedings might enable the person to move material or information and thereby frustrate the investigation. … .”

Mr Sutcliffe submitted, further, that a UWO is, of course, fundamentally about obtaining information and documentation and not the risk of dissipation of property. This is consistent with the policy underlying CPR r 39.2(3)(a).

Thirdly, Mr Sutcliffe submitted that, as paragraphs 9.2, 9.3 and 11.1 of the revised Practice Direction make clear, the presumptive position is that the hearing of an application for a UWO will be in private and the relevant court documents will not be made available. That position is not dependent upon whether the relevant UWO application has been made on notice or not. It specifically concerns, he submitted, the need for privacy of the hearing and related court documents. The presumption of privacy thus applies equally to applications made on notice, making clear that the need for privacy is not only about the potential impact of the respondent being on notice to the NCA’s investigation, but it is also concerned with the rights of the respondent. This is consistent with the policies underlying subparagraphs (c), (e) and (g) of CPR r 39.2(3).
He acknowledged that it would not invariably be the case that a UWO application would have to be without notice and heard in private. The specific facts of each case need to be considered carefully by the enforcing authority before making its application and by the court. He submitted, however, that the starting point of an application without notice and a hearing in private, as set out in the statutory provisions and supporting material for UWOs, was driven by a clear logic and set of policies, which he summarised as follows:
i) First, where the application is made without notice (as permitted by section 362 I(1) of POCA), the jurisdiction recognises that in all likelihood, publicity would defeat the object of the hearing (subparagraph (a) of CPR 39.2(3)).

ii) Secondly, the application necessarily contains significant amounts of sensitive information, both confidential and personal, about the respondent. Subparagraph (c) of CPR 39.2(3) is also plainly engaged; but equally (if not more importantly) where the application is without notice and the respondent unaware of it, subparagraph (e) of CPR 39.2(3) is also engaged.

In relation to the second of these points, Mr Sutcliffe amplified as follows:

(i) The considerable media interest in UWOs is undeserved. A UWO is merely a tool designed to assist with information-gathering during the early, preliminary stages of an investigation, where there is a dearth of information available to the NCA. Consequently, the threshold tests for the application are relatively low. The Holding Requirement and the Value Requirement, as set out in the statutory framework, are not difficult to satisfy. As to the Income Requirement and the Serious Crime Requirement, each depends on there being reasonable grounds for suspicion and no more. The test for “suspicion” is fairly low, and may be established by reference to evidence that would fall short of that necessary to establish actual involvement in crime, as noted by the Privy Council in Hussein v Chong Fook Kam.

(ii) Consequently, a UWO application is designed (a) to assist the NCA at the very early stages of its investigation, at a time when it has relatively little information and (b) to be an information-gathering tool. The obtaining of a UWO does not mean that the NCA will necessarily proceed with a civil recovery investigation or proceed to take advantage of any further or more intrusive investigative measures available to it.

(iii) The result is that a UWO application necessarily sets out in detail the fact that the NCA suspects that: (a) if the PEP Requirement applies, the respondent is a politically exposed person who has been involved in (most likely) embezzlement and corruption; or
(b) if the Serious Crime Requirement applies, as in this case, the respondent is a person who has been involved in very serious criminality, such as, among other things, human trafficking, arms offences, drugs offences, fraud offences and money laundering offences.

(iv) The UWO application sets out the foregoing detail, together with detailed information about the respondent’s income and finances, yet this is done at a stage where the investigation, and underlying evidence, is embryonic. Some of the information will be from public sources, but much of it will be likely to have come confidentially from other authorities and agencies, as required by paragraph 178 of the Revised Code of Practice (see [40] above) and other third parties.

(v) Plainly the content of that confidential information, if made public, is likely to have a personal and reputational impact on the respondent. The notion that the press, or any other member of the public, should be able to hear of the NCA’s suspicions as to the respondent’s character and criminal involvement, and details of the amount and suspected source of the respondent’s wealth, in circumstances where the respondent is not even aware of the fact that the hearing is happening, let alone has the opportunity to seek to protect his confidentiality and reputation, is obviously unfair to the respondent; not to mention contrary to the interests of justice. Plainly, therefore, sub-paragraph (e), as well as sub-paragraph (c), of CPR 39.2(3) is engaged.

(vi) Indeed, even if the application is on notice, for similar reasons subparagraph (g) of CPR 39.2(3) would also almost certainly be engaged. There is no justification for a respondent’s character being put forward for the type of public trial by media that often follows any media interest, at such an early stage of the investigation. Indeed, were that invariably a risk, then proportionality might require in practice that the NCA would have to apply a far higher threshold test as to the evidence and certainty of guilt than the statute requires before proceeding to make an application. That outcome would undermine the intended function of the UWO jurisdiction.

For those reasons, Mr Sutcliffe submitted, it is wholly unsurprising that the architects of the UWO jurisdiction envisaged the need for, and put in place safeguards to protect, the privacy of the hearing and outcome of the application for a UWO. To the extent that it is considered necessary to go behind the reasoning of the statutory and supporting regime, he submitted, it is plainly the case that numerous triggers in CPR 39.2(3) independently apply; namely, sub-paragraphs (a), (c), (e) and (g), which cumulatively establish an overwhelming case for having the hearing of an application for a UWO in private, in the vast majority of cases.

In his submissions, Mr Sutcliffe also dealt with the question of whether the court needed to undertake a balancing exercise, considering the respondent’s rights under Article 8 of ECHR and weighing them in the balance against the rights of Bloomberg and the PA (or any other relevant news organisation) under Article 10 of ECHR. He submitted, however, that such an exercise was unnecessary in this case, given the clear application of CPR 39.2(3), which required the court to hold the hearing in private. There are other potential rights of the respondent, for example, under Articles 2 and 6 of the Convention, which would also need to be taken into account which would make the exercise not at all straightforward.

Finally, Mr Sutcliffe submitted that the NCA had given serious consideration to the question of whether a hearing in public, but with reporting restrictions in place, would be sufficient, but had concluded that that approach would be insufficient. It being the case that a number of sub-paragraphs of CPR 39.2(3) independently apply, the hearing must be in private. Reporting restrictions alone, for example, would leave the risk of “jigsaw identification”. This is not a case, he says, where the sole concern is that Manny Hussain will thwart the UWO before it is served on him. Other issues and concerns are engaged, including the potential impact on Hussain of any publicity relating to the making of the UWO.

The judge accepted and substantially agreed with these submissions. For the reasons he gives, in light of the nature and purpose of the UWO application, CPR 39.2(3) is highly likely to be engaged, requiring the court to hold the hearing in private to secure the proper administration of justice. Given, in particular, (i) the very early stage of an investigation at which a UWO application will be sought by an enforcement authority, (ii) the relatively low threshold for obtaining a UWO under section 362B of POCA and (iii) the potentially disproportionate personal and reputational impact on a respondent of the fact that a UWO has been obtained if that fact is publicised, several sub-paragraphs of CPR 39.2(3) are likely to be engaged, most notably, sub-paragraphs (a), (c), (e) and (g), particularly in a case such as this where the UWO application involves consideration of the Serious Crime Requirement. This was anticipated by the statutory framework and guidance applicable to UWOs, which makes it clear that, while close and careful regard must be had to the specific circumstances of each case, the presumptive starting point is that a UWO application will be made without notice and that the hearing of the UWO application and any related IFO application will be in private.

In this case, it was clear, for reasons given below, that the presumptive starting point applied in this case and that it was necessary for the proper administration of justice that the hearing be conducted in private. In particular, the judge was satisfied of the matters set out in subparagraphs (a), (c), (e) and (g) of CPR r 39.2(3).

The judge also agreed with Mr Sutcliffe’s submission that it is not necessary in this case to go further and undertake a balancing exercise of the type carried out by Sharp J (as she then was) in DFT v TFD [2010] EWHC 2335 (QB) at [15]-[19], weighing the Article 8 ECHR rights of the respondent against the Article 10 ECHR rights of Bloomberg and the PA, particularly bearing in mind that other ECHR rights of the respondent are also potentially engaged and would need to be considered, most notably, his rights under Articles 2 and 6 of the ECHR. The judge in this case also agreed that reporting restrictions would be insufficient. Given the conclusion on the application of CPR 39.2(3), the hearing was required to be held in private, as ruled at the time.

Supplemental reasons for ordering that the hearing be conducted in private

Mr Sutcliffe for the NCA made the following additional submissions in support of the the application that, in this case, both the UWO Application and the IFO Application should be made without notice and the hearing conducted in private:

(i) Publicity would defeat the object of the hearing, engaging sub-paragraph (a) of CPR 39.2(3), for the following reasons: (a) The NCA considered that there was a material risk that Manny Hussain might move, or arrange to be moved, information and documentation potentially relevant to a possible civil recovery investigation in advance of a UWO being made. (b) Whilst the NCA had originally considered that an IFO was not required, it reached that view on the basis that the UWO Application would be made without notice. Putting Hussain on notice of the application would likely have triggered the risk that ultimately necessitated the IFO application. Given the NCA’s obligation to consider proportionality, the NCA had considered that, if the hearing was not on notice, the judicial weight that comes with a court order would have been sufficient to dissuade Hussain from transferring any of the subject Properties once he was served with the UWO. The NCA, having considered that point following the adjournment of the hearing on 4th July 2019, assessed that the risk profile changed. Evidence in support of that view was given in Mr Coles’ third witness statement. In particular, it came to the attention of the NCA that 3 Laurel Terrace was to be transferred to a new owner, although the NCA was not able to identify the intended transferee. Accordingly, the NCA determined that there was a need for an IFO and made the IFO Application. Had the UWO Application and the IFO Application been made on notice, there is a material risk that the purpose of obtaining a UWO would have been defeated.

(ii) It would be unjust to Manny Hussain, engaging subparagraphs (e) and (g) of CPR 39.2(3), for the hearing not to be conducted in private. For reasons articulated in Mr Coles witness evidence, the NCA considered that there was a significant concern over Hussain’s rights under Article 2 of the ECHR. The organised crime gangs involved in this case are known for violence. There was a genuine and well-founded concern that publicity over the subject and nature of the UWO might give rise to a threat to Hussain’s person. So long as the UWO was not publicised (and Hussain did not personally publicise it, which he was highly unlikely to do in the circumstances), the level of threat-to-life (“TTL”) in relation to Hussain would be considered low. However, as at the point of service of the UWO, the NCA would be alert to the possible need to trigger its TTL procedures. Should the existence and nature of the UWO become widely known (and particularly, in a manner that the NCA was unable to manage or control), the TTL risk to Hussain would be likely to escalate.

(iii) The UWO Application and the IFO Application involved consideration of detailed personal and confidential information about Manny Hussain, his finances, and his wealth, engaging subparagraph (c) of CPR 39.2(3).

(iv) As detailed in the NCA’s submission regarding satisfaction of the Serious Crime Requirement, he is suspected of involvement in serious crime. It would plainly be an intrusion into his privacy for those suspicions to be aired in public, at a stage where they are no more than suspicions. A UWO offered Hussain the chance to satisfactorily explain his wealth and to maintain his good character. Publicity of the NCA’s interest would severely undermine that. For these reasons, sub-paragraphs (c), (e) and (g) of CPR 39.2(3) were engaged.

(v) The UWO Application concerned the operation of organised crime gangs in the UK. Publication of the NCA’s suspicions, and publicising the UWO Application, carried the risk of prejudicing the NCA’s wider investigation. Given that it is highly unlikely that Mr Hussain would choose to publicise the existence of a UWO, media reporting of the UWO, in any way likely to identify the subject or content of the wider investigation, could well prejudice the nature of that ongoing investigation. On that basis, subparagraph (g) of CPR 39.2(3) was engaged.

These submissions of Mr Sutcliffe, which are amply supported by the evidence set out in the witness statements of Mr Coles and the supporting documentation exhibited with them were, unsurprisingly, adopted by the court.

The tests to be met for UWO application to succeed

In relation to the Serious Crime Requirement, the NCA suspects Hussain of acting as a professional enabler and serial money launderer for a number of individuals involved in organised crime gangs, specifically an organised crime gang operating in the Bradford area operated by the Khan family, headed by Mohammed Nisar Khan, known locally as “King Meggy“, and his brother, Mr Shamsher Khan, and an organised crime gang operating across the north of England run by Dennis Slade, there being a degree of connection between the individuals involved in the two organised crime gangs.
In his evidence, Mr Coles sets out in detail the alleged and known criminal activities of a number of individuals suspected or known to be involved in serious criminality, particularly in relation to drug disputes, gang violence, armed robbery and serious fraud. These individuals include:

(i) Mohammed Nisar Khan, who is currently serving a life sentence for the murder of Amriz Iqbal and believed to be responsible for numerous serious assaults, including attempted murder, as well as involvement in the illicit trafficking of drugs and firearms on his own behalf and that of other organised crime gangs, with a significant record of previous convictions, largely for violence and drug-related crimes;

(ii) Shamsher Khan, who is known to the police for violence and drug-related offences, as well as obtaining mortgages by fraud and money laundering offences;

(iii) Dennis Slade, who was the head of an organised crime gang involved in cash-in-transit robberies involving firearms, which operated across the north of England, and who has various convictions for, among other things, burglary, theft, handling stolen goods and crimes of violence including assaults occasioning grievous bodily harm (GBH) and actual bodily harm (ABH) as well as suspected connection to two murders for which he was arrested but not charged;

(iv) Ms Maxine Valentine, Mr Slade’s estranged wife, who is said to have enjoyed a lavish lifestyle on her husband’s criminal earnings and who was convicted at Teesside Crown Court on 28 January 2011 on two counts of money laundering, for which she received a sentence of 12 months’ imprisonment;

(v) Simon Morris, who has previous convictions for dishonesty offences, has also been implicated in Mr Slade’s fraud offending and was arrested by West Yorkshire Police in connection with a multi-million pound property fraud along with Irfan Ali, who is a close associate of Mr Mohammed Khan; and

(vi) Brian Morris, father of Simon, who also has previous convictions for dishonesty offences and was arrested alongside his son and Ali in connection with the multi-million pound property fraud referred to at (v) above.

In his evidence, Mr Coles sets out the details of Hussain’s involvement with these individuals. Some of the highlights are:
(i) Manny Hussain has, since 2005, frequently been stopped by the police while in Mohammed Khan’s company and has been observed spending time in his company on other occasions;

(ii) Hussain frequently drove King Meggy to and from Leeds Crown Court and attended with him during the trial of Dennis Slade;

(iii) Meggy is connected to a company, Twenty Four Seven Security Services (UK) Limited, which uses one of the subject properties, the Cubic Business Centre, as its business address and displays its signage at another of the properties, 3 Laurel Terrace;

iv) Hussain travelled to Malaga with Meggy for a trip lasting less than 24 hours, purportedly to attend the opening of a nightclub there;

v) Hussain paid private school fees for Meggy’s son for a period of just over two years in the sum of just under £10,000;

vi) Hussain funded Shamsher Khan’s confiscation order in the amount of £134,000 following his conviction for mortgage fraud offences, the source of those funds suspected by the NCA to be funds held, directly or indirectly, by Hussain for or on behalf of Mohammed Khan;

vii) Slade gave the address of one of the subject properties, 2 Sandmoor Drive, the property held in Hussain’s own name, as his home address during his trial, without, it appears to the NCA, Slade having paid any rent in relation to that property;

viii) Ms Valentine has stated to the authorities that 2 Sandmoor Drive is “part-owned” with a friend, and she was regularly driven to and from Leeds Crown Court by Hussain during Slade’s trial there;

ix) Hussain provided Slade with a luxury residence, The Lodge, owned by another company, owned or controlled by Hussain, following Slade’s release from prison;

x) Hussain visited Slade regularly in prison, sending money to the prison for Slade and advancing funds to Slade’s daughter;

xi) Hussain has been a business partner of Brian Morris, the two having been co-directors of a company called BM Car Parks Limited and, potentially, in relation to another company called Ideal Properties, which makes Brian Morris a “connected person” in respect of Hussain under both Corporation Tax and POCA regimes;

and,

xii) West Yorkshire Police has shown evidence to the NCA indicating that Hussain has been involved in property business dealings with Simon Morris.

A point not heard in court was the suspicion amongst the local property developing fraternity that Slade, for a period, acted as bodyguard for Simon Morris after an incident where a shot was said to be fired through the windscreen of the latter’s car.

As a result of its investigation, the NCA have concluded that there are reasonable grounds to suspect that Hussain and his corporate vehicles, including the other IFO Respondents, which are “connected” with him, have conducted themselves in a way that was likely to facilitate the commission of:

(i) serious criminal offences within England and Wales, namely money laundering offences, by way of concealing, disguising, converting, transferring, and/or being involved in arrangements concerning, and/or acquiring, using and/or having possession of the proceeds of the above identified criminality; and

(ii) of serious offences by the persons identified above, of the underlying serious crimes respectively identified, by way of providing a money-laundering service and thereby enabling those criminals to retain the benefit of their criminality over the years, and, as a result, facilitating their continued offending.

Moreover, the NCA suspects that Manny Hussain has not merely been involved in at least one serious offence, thereby satisfying the Serious Crime Requirement, but rather plays a wider role in relation to organised crime in the Bradford area, standing at the centre of a network of organised crime as a designated “clean skin”; namely, a person with no serious criminal convictions to this name, who enables those operating the criminal activities of the organised crime gangs with which he is connected, by providing a money-laundering service. So, the NCA submits that Hussain’s activities not only facilitate the commission of individual serious crimes, but they also facilitate organised crime on a large scale, which is a further factor exacerbating the seriousness of the criminality in which it is suspected that Hussain is involved.

Having reviewed the evidence provided by Mr Coles in his first witness statement and considered the submissions made on behalf of the NCA, the judge concluded that the Holding Requirement, the Value Requirement, the Income Requirement and the Serious Crime Requirement were all amply satisfied. The remaining question, therefore, was simply whether it was appropriate in all those circumstances for him to exercise his discretion to make the UWO. He concluded that it was, for the following reasons:
(i) The statutory requirements were met;

ii) the aim of the measure was to improve the ability of the authorities to investigate and, where appropriate, recover the proceeds of crime, which is a legitimate aim;

(iii) having reviewed the terms of the UWO with counsel, the judge was satisfied that it was no wider than appropriate and that it was proportionate, with a view to enabling the NCA to determine whether to commence civil recovery or other proceedings (which in fact they did, obtaining a £1.13 million Account Freezing Order in January, 2020);

(iv) there are relevant safeguards in the legislation, for example: (a) A UWO does not confer the right to require a person to answer any privileged question nor to produce privileged or excluded material; (b) a statement made in response to a UWO may not generally be used in evidence against the respondent in criminal proceedings; (c) the statutory presumption that relevant property is recoverable property where the respondent fails to comply or purport to comply with the UWO may be avoided if there is a “reasonable excuse” for non-compliance and may subsequently be resisted if “the contrary is shown”.

In terms of proportionality, the NCA considered that it could not achieve the necessary objectives by less intrusive means. The primary alternative would have been to seek a Disclosure Order (“DO”), with Disclosure Notices (“DNs”) being issued to various third parties from whom information would be sought. The NCA had several reasons for discounting this approach:
(i) It would require identifying relevant third parties upon whom to serve DNs, whilst in this case many of the sources of funding are completely unknown (or even which solicitors acted on the various transactions);

(ii) the transactions go back further than six years, which is the usual document retention period for many financial institutions;

(iii) the use of DNs would alert third parties to the fact that the NCA is interested in the source of Manny Hussain’s wealth, which would arguably be more intrusive than a UWO;

(iv) the use of a DO and DNs would be less practical and cost-effective than a UWO in a case such as the present one where the nature of Hussain’s suspected role as an enabler and money-launderer necessarily makes the sources of funds likely to be disparate and complex.

Ultimately, a UWO would be less intrusive in its impact, the NCA said, given that failure to comply with a UWO is not a criminal offence, unlike failure to comply with a DO, unless the respondent knowingly, or recklessly, makes a false or misleading statement in their response.
As far as Hussain’s human rights are concerned, the NCA submitted that the proposed UWO pursued a legitimate aim, would be in accordance with the law and would be justified and proportionate in all the circumstances.
As far as proportionality and having regard to Hussain’s human rights are concerned, the judge accepted and agreed with the submissions made on behalf of the NCA.

In compliance with its duty of full and frank disclosure of all material facts, and to pursue reasonable lines of enquiry before making the UWO Application, the NCA noted various points “putting on its defence hat”, which were set out in Mr Coles’ first witness statement. These involved various arguments that Hussain might possibly seek to run when put on notice of the UWO, rebutting the submission that one or more relevant elements of each of the key requirements for obtaining a UWO were satisfied (Holding, Value, Income and Serious Crime). None of the points raised, in the judge’s view, had any real force. It is important to bear in mind, he said, the relatively low threshold for obtaining a UWO, but also the limited effect of a UWO and the various statutory safeguards to which he had already referred.

After the judge reviewed with counsel the form of UWO sought by the NCA, the conclusion was that the terms of the UWO were appropriate and proportionate in light of the evidence, and therefore made the UWO on the terms sought by the Agency.

Reasons for making the IFO against Mr Hussain and the Other IFO Respondents

Mr Sutcliffe made the following submissions in support of the IFO Application against Mr Hussain and the other IFO Respondents:
i) The requirements of POCA are satisfied in that the application is made by the NCA, which is the same authority that applied for the UWO, and it is sought in “the same proceedings” as those in which the UWO was made; and

ii) the NCA considers that it is “necessary” to make an IFO for the purposes of avoiding the risk of any recovery order (that might subsequently be obtained) being frustrated, for the reasons explained in Mr Coles’ third witness statement, namely: (a) The NCA had received specific information from the Money Laundering Reporting Officer of the relevant firm, that Hussain intended to transfer 3 Laurel Terrace; (b) Mr Coles was further notified by the Land Registry that an application had been lodged by the firm of solicitors in question; (c) no information concerning the application was available to the NCA, and despite a request by Mr Coles, pursuant to section 7 of the Crime and Courts Act 2013, the Money Laundering Reporting Officer of the relevant firm responded refusing to provide any information about the transfer, including as to the intended transferee; and (d) a search of the Land Registry on 9th July 2019 indicated that no transfer had yet taken place.

Mr Sutcliffe submitted that this evidence demonstrated that there was a clear risk of imminent dissipation of 3 Laurel Terrace, justifying the IFO Application. Furthermore, he said, given the NCA’s suspicion that all of the subject Properties are held or controlled by Mr Hussain as forms of investment of the proceeds of crime, on behalf of third parties, then if the intent to transfer 3 Laurel Terrace was pursuant to a request from a relevant third party in order to realise funds, then if only 3 Laurel Terrace were frozen, it is likely that Mr Hussain would transfer another of the Properties in order to realise funds. Accordingly, he submitted, the NCA considered there to be a risk of dissipation in relation to all of the Properties and therefore it sought an IFO in respect of all of them.
The cumulative value of the Properties was believed to be just under £10,000,000. All of the subject Properties were then currently unrestrained. Some of them were also unencumbered, meaning that it would be easy for Mr Hussain to release equity from them, which could be dissipated quickly and with ease. All except one of the Properties was held by one of the other IFO Respondents. Accordingly, it was necessary to make the IFO (but not the UWO) against each of the other IFO Respondents as well as Mr Hussain.
Having considered that nothing significant arose by way of the NCA’s compliance with its duty of full and frank disclosure, and having reviewed with counsel the form of IFO sought, the judge was satisfied that the relevant statutory requirements for the IFO were met and that the terms of the IFO were appropriate and proportionate.

Conclusion

For the foregoing reasons, at the conclusion of the hearing the court was satisfied that:
(i) it was strictly necessary to conduct the hearing of the NCA’s applications for a UWO against Mr Hussain and an IFO against Mr Hussain and the other IFO Respondents in private. That is to say, without both public and press present; and (ii) in all the circumstances, it was just, appropriate and proportionate to make: (a) the UWO sought by the NCA against Mr Hussain; and (b) the IFO sought by the NCA against Mr Hussain and each of the other corporate IFO Respondents.

Connections to other cases on this website

One of the drivers for West Yorkshire Police to continue to harass John Elam, whose miscarriage of justice case was raised in Parliament in 2014 (read more here) is their obsession with social, or other connections, to Dennis Slade. There is no such association. Seven years of the most intensive, intrusive covert and overt police surveillance should have convinced them of that. A recent success in a civil claim against the force by Elam  (full story to follow) has needled WYP further.

Former Head of the Economic Crime Unit of West Yorkshire Police, Cedric Christie, was involved in investigations into Simon Morris, a former Director of Leeds United football club, both pre- and post-retirement from the force. Cedric is believed to be at the very centre of the controversy over the conviction of his elder brother, Ralph Christie at Bradford Crown Court in 2015. From being a powerful miscarriage of justice advocate, the younger brother turned turtle and appears to have provided the impetus for his former force to convict on 3 of the 5 counts upon which he was found guilty. The jury acquitted Ralph on 14 other counts, in a number of which Cedric is believed to have also taken a hand (read more here). He is presently refusing to answer any questions on these matters.

As referred to above, Shamser Khan was involved in large-scale mortgage fraud. His conviction, and subsequent POCA recoveries involving other mortgage frauds, led indirectly to Operation Thatcham, a large scale crash for cash investigation (in which Khan has no known involvement at all). During Thatcham, a well known Bradford doctor was arrested by police as part of an alleged conspiracy to defraud. However, no allegations were ever put to him in interview and he was never charged with any offence. That arrest of Dr Abdul Rashid is now the subject of a hotly disputed, long running civil claim which could cost the police up to £5 million in costs and damages (read more here and here).

Page last updated at 1115hrs on Monday 3rd August, 2020.

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Photo credit: National Crime Agency

© 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.

Appeal hearing report: Leeds High Court Dr Abdul Rashid v West Yorkshire Police

The hearing was listed to commence at 10.30am on Thursday 14th May, 2020 before Mr Justice Nicholas Lavender in the Leeds District Registry of the High Court. It got under way shortly after 10.45am after dealing with some minor technical glitches.

Pemission to appeal was granted on the papers by the same judge on 17th December, 2019 sitting in Newcastle Cown Court.

The judgment under appeal was handed down by Mr Recorder Ben Nolan QC on 20th September, 2019 at the conclusion of a ten day trial (read full daily reports here). Dr Rashid is claiming damages against West Yorkshire Police (WYP) for unlawful arrest, unlawful detention and trespass over events that took place in March 2012 when 16 police officers attended his home in Bradford at 6.15am.

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The parties were represented, respectively, by Ian Pennock of counsel, instructed by Simon Blakeley and Olivia Checa-Dover of counsel, instructed by Alison Walker, Deputy Head of Legal Services at WYP.

The background to the appeal can be read here. There was palpable tension between the two legal teams, throughout the substantive hearing, most notably concerning disclosure.

The appeal hearing was held remotely via Skype Business. Quality of transmission was generally good and proceedings progressed smoothly. Particularly, as the judge’s dexterity in dealing with an elecronic bundle filed by the Claimant which, because of its size (232MB) was slow to load, and two lever arch files, supplied by the police, improved markedly during the morning session.

Mr Pennock, on behalf of Dr Rashid, took the court to the eight Grounds of Appeal upon which his client’s case is based. There are two further alternative Grounds that would only be triggered if the appeal succeeds.

But the first part of his submissions were taken up with what he characterised as ’22 bad points’ in the police’s skeleton argument, that had necessitated a supplementary skeleton argument from him, extending to 40 pages. He lamented that ‘the sideshow’ of correcting WYP’s version of facts and evidence, from the court below (the hearing at Bradford County Court), was not at all helpful to this court. It had, Mr Pennock said, required ‘a root and branch approach’, occupying a large amount of time, and the necessity of exhibiting a large number of passages from the court’s approved transcript.

The judge made clear that, whilst he would scan read the supplementary skeleton, it was not part of his judicial function to referee such class of disagreements between competing counsel unless, of course, they went to the heart of the matters under consideration in the instant appeal.

Mr Pennock focused to a significant extent on the police’s ‘shifting goalposts’ of the reasonable grounds for arrest of Dr Rashid, of which there are five different versions as things stand. The necessity of the arrest was also the subject of extensive discussion as another of the key appeal points.

There was a moment of levity after Mr Pennock explained that the ‘eccentric’ Dr Clive Tedd, upon whom the police relied for their ‘expert’ medical advice, claims to be able to induce whiplash injuries by clapping his hands. Something he had learned by buying second hand books on Amazon. Mr Justice Lavender enquired, deadpan, if Dr Tedd ‘had clapped his hands at trial’.

The final ten minutes of the morning session were taken up by Miss Checa-Dover, on behalf of West Yorkshire Police, and continued with her client’s response to the Grounds of Appeal after the lunch adjournment. She maintains, on behalf of her client, that the judgment from the substantive hearing was adequate, sufficiently well reasoned and that Detective Inspector Mark Taylor, the main police witness came through the examination and cross-examination of his evidence “with flying colours”.

As expected, Mr Justice Lavender indicated that judgment would be reserved and handed down at a future date, yet to be determined. There was a discussion with Mr Pennock as to whether, in the event that the appeal was upheld, he would be able to substitute his own findings for those of the court below and dispose of the matter substantively as opposed to ordering a re-hearing of the case before a different judge.

UPDATE: A more complete report of the hearing will appear in conjunction with the handing down of the judgment which is now expected to be handed down during the first two weeks of August, 2020.

 

Page last updated: Tuesday 28th July 2020 at 0715 hours

Photo Credits: Bradford T&A

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.

Hero police officer sues chief constable over racial and religious discrimination

On Thursday 16th January, 2020, at the Leeds Employment Tribunal centre, a final hearing into claims of racial and religious discrimination against West Yorkshire Police will open. A serving police sergeant, Umer Saeed, is the claimant. An accomplished individual, with a BSc degree in Business Administration and Management and over 20 years experience as a police officer; a large part of that in specialist roles.

The hearing is expected to last for twelve court days with some highly-charged evidence expected to be heard from the witness box. Cross-examination is likely to be a lively affair as WYP’s ‘go-to’ counsel, Olivia Checa-Dover, yet again takes the stage. She has recently represented the police in two other high profile civil court cases, featuring a Bradford doctor, Abdul Rashid (read more here) and a retired police constable, Kerry Perkins (read more here).

Umer Saeed is represented by Rebian Solicitors and their instructed barrister is Adam Willoughby of Broadway House Chambers.

As many have done before him, Saeed alleges that the ‘cover-up’ of discrimination, both against him and others in the force area, goes to the very top of the force’s hierarchy. It is anticipated that around twenty witnesses will give testimony to the tribunal, unless their witness statements are admitted into evidence in the meantime. It is customary in these proceedings for the police to turn up with a small army of lawyers, witnesses and observers, regardless of cost to the taxpaying public.

The well-informed might, quite rightly, muse as to why the chief constable did not take steps to compromise the Saeed claim, with its high potential for serious reputational and financial damage to the force. But it may well be that he was overruled by the Police and Crime Commissioner’s highly litigious chief executive, Fraser Sampson. A noted wastrel when public funds are in issue. His wider role also encompasses general counsel to the police, giving him overall control of the force’s legal department. Indeed, from personal experience, I can say that he regards the WYP Head of Legal Services with scarcely concealed disdain.

The PCC signs off all cheques for the police, of course, as part of his statutory remit. His office has not responded to a press enquiry on the subject of diversity and inclusion – and how they come to be facing the class, and scale, of allegations made by Sergeant Saeed.

Interest in the case is, undoubtedly, heightened when one takes into account the standing of Umer Saeed as a nationally known figure in Black and Muslim staff associations. He is Chair of the West Yorkshire Black Police Association, and General Secretary and a Cabinet Member of the National Black Police Association.

He is also a trained Police Federation representative and speaks four languages; Arabic, Punjabi, Slovak, Urdu. He joined the police service in June, 1999.

In February 2015, he received national prominence when he broke into the kitchen window of a burning house and saved the lives of a mother and two young children in Ireland Wood, Leeds. It was an outstanding act of bravery and Saeed had this to say of his heroism: “The smoke was acrid and I couldn’t breathe but I was focused on finding them and getting them out in one piece. It was quite a disorientating situation with the smoke alarm going off.”

His District Commander, Temporary Chief Superintendent Mabs Hussain, quite rightly commended the officer’s work: “PC Saeed clearly displayed the qualities of bravery and professionalism that we so often see from our officers and staff in situations where people are in danger.

“He could see this family needed immediate help and his training gave him the confidence to assess the situation and intervene to bring them to safety from a potentially life-threatening situation.”

Hussain has since moved onto Greater Manchester Police, in controversial circumstances (read more here), and a well placed source on his old patch tells me he has not sustained that support for his fellow BME officer over Saeed’s discrimination claims. This would surprise few close to the seat of the action at both GMP and WYP, as ‘top brass’ closing ranks at the first sign of trouble for them, either individually or as as a police force, is de rigeur. Indeed, Hussain has been reported recently as claiming that well-evidenced and highly publicised criticism of his present chief constable, Ian Hopkins, by some distance the worst in the country (read more here), constitutes ‘a hate campaign‘.

As a footnote, and by way of balance, it should be noted that, back in 2013, Umer Saeed also featured in the high profile Anthony Ramsden case, involving WYP and the thoroughly disgraced Independent Police Complaints Commission (IPCC), following an assault at Leeds United football ground in 2011. A widescale, dishonestly grounded  ‘cover-up’ by both the police force and watchdog was, eventually, exposed.

A High Court case that followed is now an oft-cited legal authority in police complaints cases. Saeed was one of six Police Support Unit (PSU) officers giving evidence whom the force, and the IPCC, claimed ALL corrobated one another. When disclosure was eventually wrested from WYP, not ONE single statement corroborated ANY other. The judgment (read in full here) did not reflect the full transcipt of the proceedings which, at very considerable expense, Mr Ramsden took the trouble to obtain. Another demonstration of the seemingly unwritten public policy of at least some of the local judiciary that demands every conceivable accommodation be granted to West Yorkshire Police when determining matters potentially adverse to the public’s confidence in them.

No criticism of PC Saeed (as he was then) should be inferred: Even though he was the only officer who admitted striking a member of the public, in the subject area outside the Elland Round ground, with his long baton, and, therefore, the one most likely to have hit Mr Ramsden, his witness statement was easily the most frank, and credible, of the six.

I declare a professional interest, having acted as police complaints advocate for Mr Ramsden, and being adjacent to the facts throughout. I also assisted in the placement of widespread local, regional and national media coverage of the case.

Over the past ten years there has been persistent, and often very damaging, publicity over the way West Yorkshire Police treats its black and minority ethnic (BME) officers and, on the evidence of some troubling civil court cases, members of the public of colour, too.

In May 2009, the Sunday Telegraph published an article following the leaking of a dossier that was highly critical of the force’s notorious Professional Standards Department and their discriminatory handling of complaints against BME’s. This followed a series of accusations from the officials at the local branches of the Police Federation and the National Black Police Association. The WYP talking head was Deputy Chief Constable, David Crompton, later to fall into repeated disgrace as chief constable at beleagured South Yorkshire Police (read more here). He denied there was a problem.

In March 2011, PC Kashif Ahmed had all ten charges against him dismissed by a judge at Bradford Crown Court after revelations about the seriously flawed way officers had investigated the case. HHJ Peter Benson, ruling in his favour to stay the prosecution, found that there was a “very significant irregularity and impropriety at the root of the investigation” and the whole process was “tarnished”.

Judge Benson described two police witnesses, Detective Sergeant Penny Morley and Detective Constable Karen Wade who gave evidence in court during Ahmed’s application to dismiss the case, as “evasive.” He went on to say that Morley, who opened a CD document containing privileged contact between Mr Ahmed and his solicitor, had not told the truth. It is beyond incredible that Morley remained a much-favoured officer in WYP’s Professional Standards Department until ‘retiring’ late last year. Her personal friendship with ACC Angela Williams, who has publicly described Morley as ‘wonderful’, enabled her to re-start at WYP as a civilian officer immediately after her warrant card was handed in. Obviously, on this evidence, being called a liar and rubbish at the job, by a circuit judge, is no handicap in the ranks of West Yorkshire Police.

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Kash Ahmed later issued a civil claim against the police alleging a “witch hunt” against him by the PSD officers, led by another disgraced officer, DCI Steve Bennett (read more here). Having to represent himself in court against the force solicitor, experienced counsel and a small army of officers giving evidence against him, his claim, perhaps understandably, only succeeded in part and he had a sizeable costs award ordered against him.

Dr Rashid, whose civil claim is referred to in the second paragraph of this article, is a highly respected professional, of Asian origin, who also claims, with considerable justification, that he was the subject of a “witch hunt” by WYP and that, in the particular circumstances of his case, if he had been a white, middle-class doctor he would not have been subjected to the same degrading, disproportionate, disgraceful treatment. His civil claim was dismissed after a extraordinarily one-sided hearing, but he was recently given permission to appeal the decision of Mr Recorder Nolan QC, by a High Court judge. The hearing of the appeal is presently listed for 13th February, 2020 in the High Court in Leeds.

Olivia Checa-Dover unsuccessfully sought to have me removed from the press seats during the Rashid hearing, questioning my accreditation and claiming (unspecified) inaccuracies in the reporting of the case (read in full here). The other two articles flowing from that ten day court hearing stand unchallenged. One exposes a prima facie case of conspiracy to pervert the course of justice by six WYP officers (read the damning details here). Miss Checa-Dover also objected, unsuccessfully, to my presence in the press seats at the hearing of the Kerry Perkins claim, telling opposing counsel that I had a “vendetta” against her. Yet another in an increasingly long line of ludicrous and unsubstantiated submissions. Unsurprisingly, that gained no traction, either. Miss Perkins has also robustly appealed the judgment of HHJ Neil Davey QC, whose decision did not appear to reflect what I heard from the press box. Indeed, one might say that Miss Checa-Dover might well have written it for him.

Dismissing the remaining parts of the Kashif Ahmed claim against the police, which had included negligence, false imprisonment and theft, HHJ Mark Gosnell said: “I fully accept that Mr Ahmed was convinced in his belief that he had been the victim of a witch hunt, but I consider the officers involved merely carried out their jobs to the best of their ability and were not motivated by any ulterior motive in dealing with the claimant.”

West Yorkshire Police then sought to bankrupt the promising young officer, who holds two law degrees and a diploma in policing. Ahmed now works in Bradford as a legal consultant. The genesis of the entire dispute between force and BME officer was over the use of a car parking space behind Millgarth Police Station, in central Leeds, to which DCI Bennett took exception. The same Bennett whom three years earlier had called a junior Asian officer into his office to verbally abuse him, including calling him a c**t, in an attempt to bully the constable into pulling back on an investigation.

That action was later to unravel in the conjoined Operations, Lamp and Redhill, into the ex PC Danny Major miscarriage of justice (read more here). An allegation has been made that Bennett perverted the course of justice in an attempt to protect PC Kevin Liston, arguably one of the worst officers to ever wear a police uniform (read more here) and the key witness against Major.

After the Ahmed and Danny Major ‘investigations’ (the term is used loosely), in which he was senior investigating officer, Bennett was rewarded with promotion to superintendent. I declare a further interest, insofar as I was the on-record complaints advocate for the Major family betwen 2012 and 2015.

A close working colleague of Bennett’s was Chief Superintendent Sarah Brown. In fact, from 2010 to 2011 she was head of WYP’s Professional Standards Department. I had significant dealings with her and found her unreliable and lacking in integrity. Like Bennett, she had also been city commander of Leeds, with its dreadful history of racism, in the earlier part of her career (read more here). Whilst in that role, and under her previous name and rank of Chief Inspector Sarah Sidney, she was at the forefront of a racial discrimination case involving Detective Sergeant Raham Khan that ultimately reached the House of Lords (the senior appellate court in those days) where a damages award to Sgt Khan, upheld in the Court of Appeal, was set aside by three Law Lords. The full judgment can be read here. Put plainly, Khan alleged that Sidney did not promote him on account of his skin colour. A matter she, of course, denied.

In March, 2011 a Bradford minority ethnic, Anwar Gillespie (whom I have met in his home), received substantial damages and an apology from WYP after the intervention of specialist police complaints lawyer, Iain Gould (read more here). Whilst racism was not alleged, Mr Gillespie told me at the time that he felt the colour of his skin was a factor in him being singled out for an unprovoked, unwarranted and brutal attack upon him, outside of his home and in front of his neighbours.

In June 2012, BBC Radio’s File on 4 reported on alleged widespread and serious racism within WYP. The least impressive of the six serving and former police officers interviewed on the programme was Temporary Chief Constable, John Parkinson. He did little, or nothing, to allay concerns. Of the six officers, past and present, interviewed by the BBC, Parkinson came across as the least impressive. Listen to the full broadcast here.

Karma was to visit Ajaz Hussain, who was the force solicitor (later promoted to Legal Services Director) who drove the Raham Khan case all the way to the Lords. In early 2012, there was a reshuffle of the top management in West Yorkshire Police and he lost his job. The roles of Legal Services Director and Force Solicitor (at that time carried out by Mike Percival) both disappeared. A new role was created and Percival was selected to fill it. Hussain then alleged racial discrimination against David Crompton and issued a claim form in the employment tribunal (read more here). The outcome of that claim has never been made public, but it did not pass without controversy and resulted in the suspension of Hussain’s ‘ACPO police friend’, Neil Rhodes, whom at the time was the chief constable of Lincolnshire Police (read more here) and had fallen foul of the duplicity of Fraser Sampson.

In 2013, two police whistleblowers opened up a can of worms into how certain aspects of vital police operations were badly run and lives put at risk by their superior officers within West Yorkshire Police. One of those was a minority ethnic. They were both then subjected to a series of detriments in what appeared to be a concerted campaign to humiliate and smear them. Because of the roles that the officers undertook, for at least parts of their careers, it is unwise to do any more than make reference to the tribunal appeal finding, available in the public domain, which forensically sets out the matters in issue (read more here). It does not make pretty reading for WYP.

In April, 2014 a Bradford woman of African descent, Oluwatoyin Azeez, was viciously assaulted by a police officer who had unlawfully entered her home on the pretext of checking on her lodger. The force went to the most extraordinary, and sustained, lengths to cover up for the perpetrator, who falsely alleged that he had been asaulted by Ms Azeez. That miscreant officer, instead of being drummed out of the force, didn’t even face a misconduct meeting, let alone a criminal court. But, once more, the intervention of solicitor, Iain Gould, was pivotal. At the end of a bitterly fought three year legal battle – again irregardless of the cost to the public purse – Ms Azeez finally received a substantial damages payment and, much more crucially to her, an apology (read the full harrowing story here).

In April 2016, the incumbent chief constable, Dionne Collins, appointed an Asian police constable as the force’s Positive Action Co-Ordinator. The following month Amjad Ditta, a trained firearms officer, was alongside her giving evidence at the Home Affairs Parliamentary Select Committee.

Following publication of the Committee’s Inquiry Report, which called for “urgent and radical” action, Collins acknowledged more needed be done to increase diversity and inclusion among the workforce and said she was determined that the organisation should be more representative of its communities.

“We are currently recruiting police officers for the first time in five years and this gives us an excellent opportunity to increase our workforce not just by people from black and minority ethnic communities, but from all diverse groups, such as people who are lesbian, gay or bisexual.

“The police service has been in the media headlines a lot recently, often for negative reasons. My challenge to people who may be put off by that is, come and find out what West Yorkshire Police is about in 2016. A career with West Yorkshire Police offers genuinely exciting opportunities, but we can only properly serve all our communities by building a truly representative Force and I am determined to do that.”

West Yorkshire Police and Crime Commissioner Mark Burns-Williamson added: “I have worked with the Temporary Chief Constable (Ms Collins) to ensure we are doing all we can to ensure communities are aware of my commitment to equality and diversity within the organisation and in the police service”.

Whilst Collins and Burns-Williamson were shamelessly uttering these shallow words, before MP’s and the television cameras, they were jointly, ludicrously and very cynically, frustrating the civil claim of Oluwatoyin Azeez. In reality, and grounded in hard evidence, what West Yorkshire Police is about is lying and covering-up – and the commitment to equality and diversity is an expensive box-ticking sham.

Eighteen months after his televised appearance in Parliament, PC Ditta disappeared without trace. With both the force press office and the chief constable refusing to answer my questions regarding his whereabouts or his reason for the removal both from his diversity role and other front line duties. He dramatically re-appeared, over two years later, at Bradford Magistrates Court charged with sexual touching. Supported by his staff association, he is expected to plead not guilty at a plea and trial preparation hearing at the city’s Crown Court on 20th January, 2020. He now answers to the name of Amjad Hussain.

In December, 2017 another race and religious discrimination claim against West Yorkshire Police was compromised on the second day of the final hearing. It is assumed that a confidentiality clause was part of the settlement. No others details are available at present, but enquiries are ongoing. Again, this is on the watch of Dionne Collins: On the one hand preaching diversity and inclusion, on the other officers having to go to court as the force continues to discriminate against them.

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At least two other WYP BME officers appeared Tribunal with racial discrimination claims during this period. Both were, regrettably, unrepresented and had their claims dismissed. One was yet another Collins favourite, PC Tayyaba Afzal, having designed the force’s specialist niqab headwear for Muslim female officers. The other was an applicant for a role as a Driver Trainer.

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PC Amjad Ditta (now known as Hussain) and PC Tayyaba Afzal pictured together in Bradford in 2017.

Dionne Collins was approached for comment. She did not even have the courtesy to acknowledge the communication.

In September, 2018, another case involving a BME officer surfaced as an exclusive on this website, later picked up from here by the national press. The officer concerned, C/Supt Tyron Joyce, was also another favourite of the now retired Collins. Joyce was peremptorily removed from his post as Chief Operating Officer at the National Police Air Service, which shares headquarters in Wakefield with West Yorkshire Police, amidst bullying claims. The complaints investigation into the allegations against Joyce was, unsurprisingly given the incompetents that populate the force’s Professional Standards Department, described as ‘a cack-handed debacle’. He also told a junior colleague at the time: “I’ve been in trouble before with PSD. They tried to do my legs, so I have to be careful what I say to staff” (read more here).

Joyce does, however, always have a trump card to play: In 2013, after the present chief constable, John Robins, (at the time an assistant chief constable) had recommended him for the Police National Accreditation Course (PNAC) it was said by Robins to Tyron Joyce; “You are now my tick in the diversity box“. That may explain why, at the end of the disciplinary process, Joyce was handed the plum chief supers role within WYP: Commander – Operational Support based at, and in charge of, the entire Carr Gate Complex on the outskirts of Wakefield.

I will be reporting from the opening of the Umer Saeed hearing. It promises to be an interesting case: A retired and highly decorated WYP officer told me recently that, whatever the outcome of the tribunal proceedings, the force may well be set back at least a decade in terms of BME recruitment as a result of the adverse publicity the case will attract. As a well-connected person of Asian origin, and one who has defeated WYP in court several times, it is taken as read that he knows exactly what he is talking about.

Finally, it should be remembered that the ‘mother’ of all tribunal claims is a West Yorkshire Police case. Angela Vento, a probationer BME officer, took her force to tribunal following serious discrimination against her in the late 1990’s. Her claim form pleaded racial and sexual discrimination, but the former allegation was dismissed at an early stage by the tribunal.

Eventually the Court of Appeal ruled on the matter and the framework for tribunal awards – and the scales of damages accounting for different levels of detriment – is still in use today. Albeit, the figures have been adjusted upwards to reflect inflation. For the legal nerds amongst my readers they may wish to check out the full CoA judgment (read here).

Page last updated at 1320hrs on Friday 15th January, 2020

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Photo credit: Asian Express

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