Lamp fails to light the way

Seven years ago today, The Times newspaper informed its readers that Her Majesty’s Inspector of Constabulary had appointed Greater Manchester Police (GMP) to investigate corruption allegations involving a neighbouring force (read the article in full here).

The notorious West Yorkshire Police (WYP), whose miscarriage of justice history stretches back almost 50 years, are accused of a widescale force-wide ‘cover-up’ in the case of ex-PC Danny Major, a graduate probationary officer who was jailed for an assault on a teenaged prisoner, held in Leeds Bridewell, after WYP colleagues testified against him in three criminal trials.

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PC Danny Major pictured as a young officer in Leeds

The first trial, in 2005, was stayed as an abuse of process; the second, in April 2006, declared a mis-trial after the jury could not reach a majority verdict; the third in November, 2006, saw Major convicted of two counts of common assault and sentenced to 15 months in prison. He served 4 months before being released on licence in March, 2007. The offences took place in September, 2003. The victim, Sean Rimmington, was a lairy 6’4″ amateur rugby league player who had drunk himself senseless and was found at around 4am propped against the old Millgarth Police Station in central Leeds.

After an inexplicable delay of over five years, Mark Burns-Williamson, West Yorkshire’s perenially ineffective Police and Crime Commissioner, finally referred the case to the Independent Police Complaints Commission (IPCC) after complaints that officers’ testimonies were unreliable and that other key evidence, including closed-circuit television footage, was withheld from the defence during those trials.

Like the PCC, in his former life of Police Authority Chairman, the IPCC had also previously rejected the complaints made by Danny’s mother, Bernadette Major, after what appeared to be a closed, compromised, rigour-free, highly partial assessment of the issues raised against the police, in 2007. Those were, of course, the police watchdog’s familiar trademarks and, many years too late, they were eventually dissolved in December, 2018 after a lengthy series of national scandals, often involving loss of life at the hands of the police, and of which the Major enquiry was just one relatively minor part. No life was lost, but many were ruined.

I was namechecked in The Times article and freely credited, at the time, by both the Major family and GMP, as the campaigner singularly responsible for the reluctant change of heart by the two Commissioner bodies and the instigation of the ‘outside force’ investigation. Sampson and Burns-Williamson had branded the Major family ‘persistent complainants’ (a fate that has befallen many others, including myself) and the IPCC had previously placed them in ‘special measures’ with a single point of contact (SPOC) stonewalling their enquiries and entreaties. The SPOC, who cannot be named for legal reasons, had a vested personal interest in maintaining the status quo.

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An extract from The Times article of 26th January, 2013. It was headlined ‘Police force accused of cover up faces corruption inquiry’

WYP, and the IPCC, for their part, maintained a resentful silence after the referral but I was, over the succeeding three years to be attacked by both those policing organisations claiming harassment against officers whom I’d named as failing in their public duties. Neither succeeded; the IPCC via the civil courts and WYP via a lengthy criminal investigation, but the attrition, undoubtedly, left a lasting toll. To this day, I am continually harassed by WYP as they regularly instruct lawyers to seek to have me removed from courtrooms from which I am reporting as an accredited journalist. So far, those lawyers, and the police force, have only succeeded in making even bigger fools of themselves.

GMP, in the guise of ACC Garry Shewan, the Gold Commander, also pulled a harassment rabbit out of the hat when he was caught out, telling at least one lie, just six months into the Danny Major investigation, randomly codenamed Operation Lamp. That complaint also came to naught, except that I refused to have anything further to do with him. I was widely reviled for calling out Shewan on social media, and in articles written at the time, as he enjoyed a high profile and appeared to be a very popular senior policing figure. In my own experience he was a pompous, shallow and, at times, quite ludicrous individual.

The succeeding years saw Shewan fall into disgrace as police whistleblowers came forward to reveal both his own integrity shortcomings and the wider, and deeply entrenched, ‘cover-up’ culture cascading down from the top of the Greater Manchester force of which he was, of course an integral (and some say central) part. The best read article on this website, even though it was only published a few months ago, covers in some detail that propensity. It can be read in full here.

Shewan was also very largely responsible for one of the biggest in-house disasters the UK police service has ever encountered. A £27 million IT transformation project, nicknamed iOPS, which he formulated, procured and implemented has turned into an £80 million (and rising) nightmare for the Manchester force. I’ve written thousands of words on the topic (read more here) and appeared on an ITV Granada Reports programme that put the extent of the scandal into the public domain for the first time (view here).

When the terms of reference for Manchester’s Danny Major investigation were set. Shewan acted on behalf of his force and I represented the Major family in that process as their on-record complaint advocate. Fraser Sampson, the PCC’s slippery chief executive completed that particular triangle. He was the public official whom, it is generally acknowledged by insiders, was mainly responsible for continually blocking the Major family’s fight for justice prior to 2013. For Sampson, a man whom I have found to be a stranger to the truth on more than one occasion, and called him out on it face to face, it very probably comes down to money: Danny Major would be entitled to £millions in compensation for malicious prosecution, false imprisonment, loss of status, reputation, salary, pension and associated benefits if his name is eventually cleared at the Court of Appeal. Every year that goes by compounds the figure dramatically. It would fall to Sampson, as WYP’s general counsel, to settle the claims and sign the cheques.

It was at my dogged insistence that the term “go where the evidence takes you” was included for reference by the Operation Lamp investigators. The relevance of that demand was to unfold dramatically just under three years later.

In December, 2015, a redacted version of the Operation Lamp investigation outcome was finally released to the Major family. Shewan and another officer with whom I had clashed, C/Supt Paul Rumney, had sat on that report for 12 months. There was no credible explanation for the delay. The Lamp outcome ran to 506 pages, with seven additional volumes of evidence.

Although I have not seen that version of the report, from what was reported in the media elsewhere, it completely vindicated what I had said to crime reporter (now crime and security editor), Fiona Hamilton, at The Times in January, 2013.

The Major family and I split in the days before the publication of the Lamp report, although cracks in the relationship had appeared a little earlier, once Ian Hanson, the Chairman of the GMP Police Federation had become involved with them. His mission, it seemed at that time, was to drive a wedge between us, by promising the earth to the Major family, provided I was kept at arm’s length and any media activity involving me very much muted.

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Ex-GMP Federation Chair, Ian Hanson

Later events, including the emerging fact of Hanson’s close friendship with the present chief constable, the now disgraced Ian Hopkins, considerably fortify that belief. This is an article I first published in December, 2015 in response to Hanson’s ‘deal’ with the Majors (read in full here). It was later updated to reflect information that had become publicly available in the meantime.

In my certain knowledge, Hanson was viewed by well-known and well-respected police whistleblowers as an over-promoted, self-regarding, under-achieving, and, perhaps ungenerously, as a ‘command team quisling’. His standing does not appear to be overly high with his successor at the Fed, either, if one reads closely into the election publicity of Stuart Berry. Interestingly, Berry’s relationship is, reportedly, very different when it comes to dealing with the chief constable and the new Chairman is prepared to forcibly stand his ground, where necessary, to protect the interests of his Members.

But, for all that, Hanson achieved what he set out to do and the Majors were now isolated and at the mercy of the same institution, the police service, that, apparently, ‘fitted-up’ Danny and then, and about this there is no doubt, engaged in a persistent, long-running, grotesque, multi-agency ‘cover-up’. Personally, and professionally, I found that action by GMP, and its tame acceptance by the Major family, profoundly disappointing. Not least because I had been asked to write the book about the Danny Major miscarriage of justice – and it was always understood that I would manage media relations exclusively on their behalf once the Lamp report was published.

In the event, I was dropped like a stone and it is as though I never had any part to play in the family’s fight for justice. Nevertheless, life goes on and the Lamp report produced some sensational headlines in the local, regional and national media. It also received extensive coverage on network television. Danny Major thought the battle was won and he was about to be cleared and return to work as a police officer (he was promised a job with GMP as part of the Hanson ‘package’). But to me, given my inside knowledge, the Lamp report was fundamentally flawed. There had not been a single arrest or prosecution. Or, so it seems, not even one interview, under caution, of any suspect. Greater Manchester Police had NOT gone where the evidence took them, as they were required to do under the terms of reference. It would impact on everything that follows.

At least two officers escaped justice during that near three year investigation period. The most obvious was ex-PC Kevin Liston, a serial criminal whom had been protected for almost 10 years by West Yorkshire Police (read more here in a piece I first published in 2012). He was the main prosecution witness against Danny Major. Without Liston maintaining the stance he took before and at trial, however weak and implausible that was, then the whole case against Major falls apart. The Lamp report describes his evidence at trial as: ‘either deliberately, or inadvertently, misleading the court’.

As can be seen from that Liston article, and prior to the commencement of the Lamp investigation, a list of fifteen criminal offences committed by the miscreant officer had been compiled by the family, and myself, using a variety of police and other insiders. The Manchester detectives were to tell Eric Major, himself a retired police officer with 31 years service, that the schedule was 70% correct: The Lamp team had compiled their own list of 22 offences. There is no evidence in the public domain that Liston has been prosecuted for any of them. The readers of this article are invited to form their own view on that bizarre situation.

By a curious coincidence, my family owned a property in Baghill Lane, Pontefract for many years, less than 200 yards from Liston’s home in an adjacent street. It was sold 3 years ago.

No other journalist has ever questioned why a police officer has been given such licence to commit an alarmingly long list of criminal offences and enjoy complete immunity from prosecution. Neither has the role of the IPCC been questioned in this long running scandal, as it quite properly should. Their officers were complicit in the ‘cover-up’ from a very early stage. A point I made repeatedly to Operation Lamp detectives in the early stages of their investigation in 2013. There is no mention of this in the investigation outcome, yet the evidence examined by Lamp should, most certainly, have taken them there.

The other WYP officer to evade meaningful investigation and sanction during the Lamp investigation was former detective inspector Michael Green. As the architect of the apparently malicious Danny Major prosecution, that has regularly been described since as a ‘fit-up’ and, at the very least, one of the instigators of a 10 year police ‘cover-up’, he should, very arguably, have been charged with at least one of two criminal offences: Misconduct in public office or perverting the course of justice.

The Lamp report, disappointingly, limited comment on Green to ‘poor investigative rigour and a mindset that could be described as verification bias’.  It reveals that he failed to recover four out of the six video tapes containing the CCTV output in Leeds Bridewell and failed to interview the officer who was in charge of the control room and monitored that CCTV on the fateful night. The two VHS tapes that were used at trial had been edited in a way that did not assist the defence team at all. Green is alleged to have been the officer who scripted those cuts. He also admitted under cross-examination that he had never viewed either of the tapes. There was also a fairly lengthy list of other disclosure failings uncovered by the Manchester detectives.

At Danny Major’s trial at Bradford Crown Court HH Judge Roger Scott stated that Green was, in his estimation, ‘Inefficient, incompetent and ineffective – and that just covers the i’s, the rest of the alphabet may follow later’. The learned judge was being generous. To those insiders, including myself, who have had access to the relevant case materials, the letter ‘c’ would have been a better place to start: ‘Criminal, corrupt and contempt (of court)’

The same judge also told West Yorkshire Police at the outcome of the trial that he anticipated a full investigation to be carried out in relation to events at the Leeds Bridewell on the night of the assault and, further, expected that several police officers should face criminal charges as a result of the evidence presented at trial. That criminal investigation never took place and the sham misconduct proceedings, that were put in its place instead, were abruptly shut down immediately after Green was interviewed as part of that process by another serial Professional Standards rogue, ex-detective inspector Damian Carr. As a result, not one WYP officer had a single misconduct finding against them as a result of the Danny Major ‘fit-up’. Carr was also, effectively, Kevin Liston’s PSD ‘minder’ for a period of around 5 years during which a significant amount of offending occured.

In another coincidence, Michael Green was in the twilight of his rugby career at Wakefield RUFC as I was beginning mine at neighbouring Sandal. He contacted me several times in 2012 and 2013, protesting his innocence and claiming the Majors were not telling the truth, and asked to meet me at Sandal for a pint (of beer) and a chat. I declined his offer. The case against him, on my reading, was incontrovertible and, indeed, the uPSD (un-Professional Standards Department) website (www.upsd.co.uk), launched in 2012 was named with Green very much in mind.

In February, 2016, West Yorkshire Police referred the ‘explosive’ Operation Lamp report back to the IPCC (now re-badged as the IOPC) who promptly returned it to WYP for ‘local investigation’. They said, in a statement at the time, that Greater Manchester Police had been invited to carry out a second review in February “to investigate whether, in their view, there are any criminal and/or misconduct matters to answer”. The force, curiously, declined to provide the terms of reference for the second investigation, codenamed Operation Redhill.

A third coincidence, if indeed it is one, is that both PCC Burns-Williamson and myself were brought up in the area of Castleford (Glasshoughton), adjacent to Redhill, and Eric Major served for a part of his career at Pontefract police station, just a couple of miles away.

Will Danny Major ever be cleared? I sincerely hope so, but we are now one month into a new decade, seventeen years after the assault on Sean Rimmington took place in Leeds Bridewell; thirteen years since Major was released from jail; seven years to the day since the article in The Times that promised to light the way to justice. To date, no-one has been prosecuted for the offences for which PC Major was tried and cleared and, more particularly, those for which he was convicted. Without the perpetrator(s) being identified, and either cautioned or convicted, then his name can never be cleared. That is how the criminal justice system works. With the passage of time, and the almost four years now taken by the Operation Redhill team on the follow up to Lamp, it strongly suggests that the two police forces are simply running down the clock. Aided and abetted, of course, by the ‘police watchdog’ in the game of pass the ‘explosive’ parcel.

Will the convictions be quashed? Nine years ago, when I was first given access to the case files and the family’s own quite brilliant investigative work, I was confident that goal was achievable, even though it requires a very high evidential and legal bar to be overcome. More so, when I was able to obtain other materials for the family, including the ‘breakthrough’ disclosure from the IPCC, via a data subject access request, that ultimately led to Operation Lamp. After the investigation report was published, everyone involved in the case assumed it was a formality – and I would place myself in that category. But the Criminal Case Review Commission ended their second review of the Major file some time ago (it began in March 2016) with no plans to re-visit until after the conclusion of the Opertion Redhill investigation. They refused a referral to the Court of Appeal after their first review which began in, or around, 2009.

It is, in my informed submission, now unlikely the CCRC will ever make that crucial referral back to the Court of Appeal, without the necessary conviction of the officer(s) in Leeds Bridewell that night who did assault Sean Rimmington. The list of suspects is small, but the evidence necessary to prove it is now, very likely, inaccessible. Also, the will of both the Greater Manchester and West Yorkshire police forces to instigate such a prosecution simply appears not to be there. How else can a second investigation, to simply review the first (which over-ran by two years), take four years, unless there are political machinations being ground out in the background?

Some of those political machinations will, doubtless, involve such as Angela Williams (famously described as “thick as a brick” by Bernadette Major) who is now an assistant chief constable in WYP. As a superintendent in PSD she was the first officer to make adverse decisions concerning the Major family’s complaints.

John Robins, the present WYP chief constable has twice held the command team portfolio for Standards (District) or Professional Standards (HQ) since July 2012 when he was promoted from chief superintendent.

Five heads of WYP’s Professional Standards Department all participated, to some degree at least, in the ‘cover-up’ of the Danny Major scandal and the persistent offending of Kevin Liston: They are Mark Bradley, Ian Kennedy, Sarah Brown, Andy Battle, Marc Callaghan. Kennedy labelled me “a crackpot” and Battle told me to my face, at police HQ, I was “a security risk”. Bradley I had nothing to do with. Brown I found lacking in integrity; ineffective and inefficient, Callaghan styled himself “Big Boss Hogg” on social media and the Dukes of Hazzard TV characterisation of “ineffectual, amusing bad guy”  did seem to fit in with my own dealings with him.

The IPCC casework manager who rejected the appeal against Williams’ decision is now a senior figure within the disgraced police watchdog which was forced to change its name in 2018 to the IOPC.

The pivotal roles of Fraser Sampson and Mark Burns-Williamson in the Major ‘cover-up’ will also be a political factor in what is an election year for police and crime commisssioners.

Finally, would it have made any difference if the Major family had continued to have me at their side, rather than trading me out in exchange for Ian Hanson and what appears to be a bag full of empty promises?

Personally, I think it would:

  • More searching questions would have been asked over Operation Lamp than appeared to be the case at the time, notably the ‘where the evidence takes you’ issue and why GMP had ducked out of it.
  • The Major case would have been a platform – and pinch point – from which to help expose other serious corruption matters within West Yorkshire Police and visibly assist others in bitter struggles for justice.
  • The terms of reference and timescale for Operation Redhill would have been fought over tooth and nail – and both GMP and WYP left in no doubt that private prosecutions would be laid against Kevin Liston and Michael Green if the police were not prepared to see the job through inside twelve months. 
  • The Redhill investigation would not have taken almost four years, either, because , after one year, there would have been a group of us camping outside GMP HQ in North Manchester, accompanied by video cameras broadcasting daily on social media.
  • Pressure would have been brought to bear in Parliament. Most notably with an evidence session at the Home Affairs Select Committee.

But, regrettably, we are where we are, and the last words, of course, must go to Danny Major himself:

“This case has been all-consuming. I still wake up in the night thinking about it,’

“But I am very determined to clear my name. I will never stop. In fact, everything that I worked so hard for is based upon me clearing my name.”

 

Page last updated at 1445hrs on Sunday 26th January, 2020.

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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

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

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

Photo credit: Asian Express

© 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.

 

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.

Democracy dies another death

Just a few short weeks after publication of one of the most damning civil court judgments I’ve read in recent times, the council at the centre of that legal storm are in the news again: For all the wrong reasons.

North Yorkshire County Council, based in sleepy Northallerton , is the host Authority for the North Yorkshire Police and Crime Scrutiny Panel. It receives a substantial Home Office grant for its trouble.

jobs_workingforus
Constructed in the early 1900’s by architect Walter Brierley, the Grade 2 listed County Hall at Northallerton has, also, previously seen service as a Red Cross hospital and as a temporary wartime home for the local grammar school.

The senior officer in charge of the Panel Secretariat is Barry Khan, a qualified solicitor who also fulfils other roles within the county council: Assistant Chief Executive; Head of Legal and Democratic Services; and Monitoring Officer. He moved to North Yorkshire in 2014 after previously working for Stockport Council.

Khan’s short incumbency at Northallerton has not been without controversy. Apart from the desperately shocking Jeanine Blamires case [1], there has been an alleged ‘stonewalling’ over child safeguarding failures in at least one school in the quaint seaside town of Whitby.

His previous role as Solicitor and Monitoring Officer at Stockport Borough Council was not plain sailing, either. Most notably, over peaceful protester Michael Parnell, who died following a period where he had been repeatedly arrested, detained but was, eventually, cleared after a three day Crown court trial [2].

Khan’s role in the mistreatment of Parnell, particularly in securing a restraining order against Mr Parnell to prevent him protesting, has not been subject to complaint or application, as far as can be traced. But Mr Parnell’s supporters, including democracy campaigner, Sheila Oliver, continue to express disquiet over the council’s contribution to the illness that led to his death. On any view, it is a troubling case.

In my own sporadic, direct dealings with Khan there have been no notable communication issues. But, that is definitely not the case with the staff deployed beneath him in the Secretariat hierarchy:

I have been lied to by Ray Busby (for which I received an apology); addressed inappropriately by the same officer (for which I received another apology); had personal data released onto a public forum by Diane Parsons (a matter denied by the Secretariat and currently under investigation by the Information Commissioner) and treated to a display of ignorance and stubbornness over the Freedom of Information Act (FOIA), 2000, by the same officer, that simply beggars belief. To the extent that it would be a relatively easy step, given the history, to infer that the intention of the Secretariat was to vex, annoy and harass.

That history also includes a complaint that I made against Julia Mulligan, in July 2015, that concerned the failure of the Police Commissioner to hold the Chief Constable, Dave Jones, to account over a number of issues that included inter alia:

The £1 million funding of failed harassment prosecutions and a civil claim mounted by four very senior police officers and a political crony, Jane Kenyon [2a]; Poor communication/engagement: 101 service; Non-compliant Freedom of Information Act finalisations; Failure to publish Decision Notices:

The complaints were not upheld by the Panel, despite subsequent events proving, beyond doubt, that each one of those matters was, in fact, validly raised. In most cases, accompanied by seriously adverse publicity for the Commissioner, or the force. Or both.

The fact that I succeeded in a county court claim against the Police Commissioner, in February 2017, over data protection breach, has never appeared in Panel minutes either. Neither has reference to the £20,000 plus of public funds expended on defending that claim, and a parallel one against the Chief Constable.

More recent Panel failings include the chief executive farrago. Again, costing precept payers a fortune (latest estimates suggest a figure close to £80,000). Substantive post holder, Joanna Carter, is believed not to have been in post since very early in 2016. There have been two temporary ‘replacements’ variously imported from other PCC’s as acting, or interim, chief executive. Both Simon Dennis and Fraser Sampson, it is fair to say, arrived on the scene with ‘baggage’. Sampson and I clashed, repeatedly, during his tenure at, firstly, the disgraced West Yorkshire Police Authority and, later, the Office of the Police and Commissioner for West Yorkshire.

All questions to the North Yorkshire Commissioner’s office, concerning the absence of Ms Carter, are resolutely stonewalled: Even when they are legally obliged to provide answers, by way of an FOIA request [2b]. An insider has said that questions put by the Panel to the Commissioner, and Sampson, about Ms Carter’s unavailability have been fobbed off (unreported in the minutes it must be said). Another well-placed source says that Ms Carter signed off ill with stress, as a result of a series of disagreements with her ‘high-handed’ employer.

With Sampson now in post until 2019, the presumption is that Joanna Carter is not returning and, quite possibly, in legal dispute with Julia Mulligan. If this is the case, and absence of hard information only fuels speculation, then either a compromise agreement, or Tribunal proceedings, is going to cost the precept payer a mighty sum. Which would, of course, explain the wall of silence around the issue.

These are precisely the issues over which the Panel should be holding the PCC to account but, yet again, the meeting minutes (and Decision Notice) are silent on the fate of Ms Carter, a statutory appointment, and, as such, open to particular scrutiny.

It was a similar situation over the appointment of Deputy Police and Crime Commissioner, Will Naylor. It is established, beyond doubt, that Naylor embroidered his employment history and had little, or no, relevant experience in taking on the role. Other than as a Conservative Party policy wonk [3].

There were also serious concerns about the recruitment process for the Deputy role, which had all the appearance of a well-orchestrated sham. The upshot was that, in a rare flexing of scrutiny muscle, the Panel decided that the confirmation of Naylor’s appointment was conditional of sight of a personal development plan, and a six month trial period, after which he would appear before the Panel. Which all sounded fine, until Mrs Mulligan unilaterally decided that the plan wouldn’t be produced after all – and Naylor didn’t appear before the Panel as scheduled to have his capabilities, qualifications, performance further examined [4].

Another scandal to surface very recently, unscrutinised, is the dramatic increase in office costs of the profligate PCC. In one year, ending March 2017, they have risen from £741,000 to £908,000. Over 20%. Which does not include the legal costs referred to above, which are tucked away elsewhere in the accounts. This flies in the face of what Mrs Mulligan told the Panel when the decision to have a Deputy was thrust upon them, unannounced, last September. There has been nothing, whatsoever, noted in the Panel meeting minutes, or any warning given by the PCC, that such a steep rise was on the cards.

NYPCC office costs 2016-17

But the most recent scrutiny fail concerns a remarkable refusal to accept a public question, from myself, at the Panel meeting which took place on 20th July, 2017. This was the question exactly as framed:

Freedom of Information Act compliance
 
(A) Statement
In July and September 2015, in response to a complaint and a public question made by me, these were amongst the submissions made by Joanna Carter, the chief executive at the time.
(i) At page 18 of the complaint response it was said:
“The Commissioner would agree that the FOI performance could improve, and that the quality of answers given on occasion could also improve….”
(ii) At page of the PQT response it was said:
“All FOIA’s, including any relating to this issue (Operations Rome and Hyson) are routinely published on the NYP/NYPCC website”.
Since those answers were provided,
(i) It is evident that not all requests relating to Operation Hyson and Rome were not published on the force disclosure log. Indeed, it is the regular practice of the force to conceal requests that may be perceived as causing reputational damage.
(iv) The force has refused an information request from me to establish the extent of the issue. A matter presently before the Information Commissioner (see attached WhatDoTheyKnow file).
(v) FOIA performance has worsened. To the extent that over 500 requests per annum are finalised unlawfully (See attached FOIA finalisation). That is a quantitative analysis, the figure would be much higher addressed qualitatively. Poor quality finalisations still feature regularly.
(vi) The Information Commissioner has indicated within Tribunal proceedings that the Civil Disclosure Unit are now under a monitoring regime as a result of poor performance (I have requested disclosure from them of more complete details).
(vii) If the oral and written submissions of the police lawyer running the CDU, to both the County Court and the First Tier Tibunal, are to be believed there are now less staff deployed in that Unit, than two years ago.
(viii) The Commissioner and the Chief Constable are both spending substantial amounts of public funds defending civil claims and Tribunal proceedings concerning FOIA where, on their face, the prime motivation is to avoid scrutiny and reputational harm, rather than the preservation of information rights. In the past year that figure, in my own knowledge exceeds £30,000 with the potential for that figure to double in the present financial year.
(B) Question
What steps has the Commissioner taken to:
(i)   Apprise herself of the extent of the non-compliance issues extant within the Civil Discloure Unit?
(ii)  Hold the Chief Constable to account over these long-term, repeated failings to comply with the law and use of public funds?
(iii) Keep the Panel informed?

Firstly, the email sending the question and supporting documents was intercepted and quarantined.

The Panel Secretariat, in the form of the aforementioned Diane Parsons, came back the following day and refused permission to ask the question. She said: “Having consulted the Panel Chair on your submission, I regret that the Panel are therefore unable to take your questions at the meeting this week.  However, I have passed your correspondence and attachments to the OPCC so that they are aware of the concerns you have raised“.

The rationale appeared to be that these were not matters with which the Scrutiny Panel need concern themselves: “To clarify, the purpose of PQT is to enable members of the public who live, work or study in North Yorkshire to engage directly with the Panel and pose questions on its remit and functions.  I have attached, if helpful, a copy of the Panel’s guidelines on PQT.  Any statements or concerns which you feel require the attention of the Commissioner would need to be directed through her office“.

The email from Ms Parsons, unusually, was comprised of three different fonts, and had obviously passed through a number of hands before she was elected as message bearer. The unseen hand of Barry Khan was, no doubt, part of the behind-the-scenes subterfuge.

As a card-carrying member of the press, the residency issue is a non-starter; I have previously posed a question to the same Panel: complaints against the PCC have also been considered by the same Panel; and on any reasonable, independent view the questions I posed met the Panels own guidelines or, even if the Panel felt they did not, modification was a very simple process.

But that, plainly, did not suit the Panel, or its Secretariat’s, purpose. To conceal their own failings as a scrutiny body, yet again, was clearly paramount. There was also what some might view as an unattractive element of childishness implicit within the response – and the intercepting of the email even before it reached the intended recipient. Which rather suggests that North Yorkshire County Council are interfering with my communications.

Following the re-direction of the public questions to the Police Commissioner’s office there has been a deathly silence. Which has also been the case from Deputy Chair of the Panel, Ashley Mason, who was passed full details of the questions prior to the Panel meeting taking place, by a well-known local democracy campaigner. Cllr Mason was rather more loquacious when, as if on cue, another unmitigated 101 disaster befell NYP during the first week of August, 2017 [4a].

This is a story that has some way to run yet as more information is passed to me by a source close to the Panel. This includes the claim, surprising to me at least, that the Panel chair, Cllr Carl Les, and the PCC do not see eye to eye, and that at least one conscripted Panel Member is very reluctant to take on her duties, having been pressed into service following the abrupt departure of another Member last year. A situation that chimes with a number of senior Conservative figures turning on Mrs Mulligan over her ‘crazy’ plans to take control of the North Yorkshire fire service [5].

There are also, it is said, serious frustrations at the PCC’s frequent refusal to provide requested documents, information to the Panel Secretariat. Again, a matter unreported in the minutes. There is also another controversy concerning the minutes as they are sometimes not, according to my source, a true record of what actually transpired at the Panel meetings. That would fit, certainly, with the known modus operandum of Fraser Sampson.

North Yorkshire Police and Crime Panel is, obviously, not a happy ship and needs an rapid overhaul, tip to stern.

The Police Commissioner’s office and the Panel Secretariat have both been approached for comment. Neither acknowledged the request.

Page last updated: Wednesday 2nd August, 2017 at 1745hrs

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.

[1] Leeds County Court, 21st June, 2017: Judgment of District Judge Joanna Geddes in Jeanine Blamires -v- Local Government Ombudsman

[2] Manchester Evening News, 19th September, 2013: ‘Protester who held three year vigil outside Stockport Town Hall dies

[3] Neil Wilby, 22nd October, 2016: ‘Where there’s a Will there’s a way

[4] Neil Wilby, 23rd November, 2016: ‘Pick of the crop’

[4a] York Press: 4th August, 2017: Police apologise after telling public NOT to call 101

[5] Harrogate Advertiser, 25th July, 2017: ‘Police tsar plan for fire service branded ‘crazy”

© 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.

Pick of the crop?

On Monday 21st November, 2016 an item was posted on the website of the Police and Crime Commissioner for North Yorkshire (NYPCC) [1]. It was unheralded elesewhere. No local press coverage. No announcement on the busy NYPCC Twitter feed. No mention on the ‘News’ section of the PCC’s website. Nothing.

The announcement concerned the beginning of a new era for the public of the county as Will Naylor was confirmed in his new role as Deputy to the Commissioner, Julia Mulligan.

will-naylor
William Naylor: Deputy Police and Crime Commissioner for North Yorkshire. This is the first picture of Will published on the internet after spending the entirety of his past career in virtual obscurity.                                Picture credit: NYPCC

An article published on this website in October, 2016 ‘Where there’s a Will there’s a way‘ has already covered some of the controversy surrounding the selection process. Since that exposé first appeared it now has the makings of a full-blown scandal – that may well bring about the downfall of some of those involved in this increasingly convoluted tale.

What has emerged is that the PCC’s chief of staff was, seemingly, the ‘chosen one’ some months ago, and a process subsequently devised with no other apparent purpose than to hoodwink both the public and the Police and Crime Scrutiny Panel for North Yorkshire (PCP).

The investigation that has followed the ‘Where there’s a Will there’s a way‘ article has pieced this picture together:

– The job of Deputy PCC was advertised by NYPCC externally just the ONCE: On the Guardian newspaper’s website [2], at a cost of just £900. Which buys very little, as can be seen from the publisher’s rate card [3].

– The job was promoted just ONCE by the PCC’s Twitter account (on 16th August, 2016). Compared, say, to activity connected with a recent ‘Tell Julia’ survey which was promoted regularly TEN times per DAY.

– The job was NOT advertised in the two conventional recruitment outlets in the area – The York Evening Press or the Yorkshire Post. Despite the fact that Mrs Mulligan was, apparently, insisting that the successful candidate would be required to live in North Yorkshire.

– The job was NOT advertised with either Police Oracle or Police Professional (PP) which, as their names imply, carry the overwhelming bulk of jobs connected to policing bodies. A fact not lost on NYPCC Interim Chief Executive, Fraser Sampson, as he and PP’s editor, Paul Lander, are former West Yorkshire Police contemporaries.

–  The recruitment advertising, minimal as it was, took place in the middle of the Summer school holiday period.

– Julia Mulligan arranged for what she describes as an INDEPENDENT recruitment process to take place. Except that there was nothing ‘independent’ about it at all. It was, to all intents and purposes, a sham managed by her former Acting Chief Executive, Simon Dennis.

– The composition of the selection panel is still unknown, even after a another freedom of information request made by York governance campaigner, Matthew Laverack. Despite the usual positing of Mrs Mulligan that the process was ‘open and transparent‘ [3A].

– The Naylor application was, taken at it’s face, unlawful. Section 18(6)(h) of the Police Reform and Social Responsibility Act 2011 sets out that a PCC cannot appoint a member of her own staff to the role of the Deputy PCC.

– There were sixteen ‘expressions of interest’ for the job. All ‘met the minimum standards’ according to Julia Mulligan in her report to the PCP.

– Only four of the sixteen applicants were selected for interview. Two dropped out prior to interview, leaving Will Naylor, complete with the doubts about the legitimacy of his application, to bid with just one other shortlisted candidate for the £45,000 – £50,000 role.

– No explanation has been provided as to why a further two candidates were not selected for interview from the remaining pool of twelve candidates.

– The interviewing panel comprised four people. Three of whom were either working with Will, or had been very recently: Julia Mulligan, Fraser Sampson and Simon Dennis. The fourth was York city councillor and former schoolteacher, Keith Aspden.

– None of the interviewing panel recused themselves, despite the glaring conflict of interest.

– Neither of the two solicitors on the interviewing panel, Messrs Dennis and Sampson, gave due consideration to the point that Will Naylor should not have even been there. No external opinion was sought according to disclosure via a freedom of information request.

– Will has falsely claimed in his biography on the NYPCC website that, before joining NYPCC in January, 2013, he was ‘Chief of Staff’ to Helen Grant MP. It is not known whether that falsehood was repeated in his job application.

– The false claim has now been removed. An updated bio says he was a SENIOR parliamentary assistant for Mrs Grant. Or, in other words, a Conservative party political researcher. A press enquiry has been sent to Mrs Grant; it seeks clarification on Will’s role in her office, the duration of his employment and whether she was asked to provide a reference to the selection panel.

– He has also claimed that he ‘worked in Parliament for two other MP’s‘ prior to working for Mrs Grant. There is no trace of this employment on the Independent Parliamentary Standards Authority (IPSA) website. Clarification has been sought from IPSA, .

– On social media, NYPCC has steadfastly refused to answer the question as to whom these mystery MP’s are. The reason for not doing so, given via a direct message on Twitter is ‘because the answer could be perceived as political and the OPCC is politically independent, we feel that Twitter is not the place to respond‘. The provisional assumption is, therefore, that if Will has worked for MP’s other than Helen Grant, they were Conservatives and he doesn’t want the wider world to know that.

– There has been a protest from NYPCC’s Digital Engagement Officer, Simon Jones, that he has been misrepresented by the above (verbatim) quote. He claims that details that would support claims made by Will Naylor over his past employment history is a personal matter – and for Will to respond privately rather than in an open space such as Twitter. That use not a view that is widely shared by those paying both Simon and Will’s wages. Particularly, as the new Deputy PCC has been caught out in a lie once already.

– Will has also claimed that he has worked for ‘Her Majesty’s Inspectorate of Constabulary (HMIC) based at the Home Office’. HMIC have ducked a press enquiry on the topic, after having been pressured to respond at all. It has now been necessary to submit a freedom of information request in an attempt to elicit the information [4].

Some other pieces of the jigsaw were fitted together following the response to a freedom of information request was submitted to the Office of the Police and Crime Commissioner for Cleveland (COPCC) on 2nd November, 2016 [5].

– The preamble to the response contained a palpable falsehood. It claimed that ‘the majority’ of the information sought had already been published by the PCP. A claim as ludicrous as it is untrue.

– It is now revealed that not a single piece of paper exists to formalise this ‘independent’ recruitment process – and it was organised on the back of what appears to be an off-the-cuff discussion between Simon Dennis and Mrs Mulligan in the period during which they were working together (April to mid-July 2016) as chief executive and commissioner, respectively.

– No invoice has been raised from COPCC to NYPCC in connection with that provision of services. Not even for the cost of the Guardian advertisement.

– The following information concerning the shortlisted candidates has now been revealed:
The four shortlisted candidates were all male.  Two held a Masters degree, one a BA (Hons), the fourth was not a graduate. Two were resident in North Yorkshire, one in Nottinghamshire and one in Sussex.

– Incredibly, it is claimed that COPCC who conducted the recruitment and selection process do NOT know the ages of the four shortlisted candidates. A decision that has already been appealed. Whilst there are guidelines that preclude employers discriminating on grounds of age it would be remarkable, indeed, if no date of birth was given on ANY of the CV’s of those men who made the ‘final four’.

– Similarly, they say that revealing the job titles (not their names, or the names of their employer) of the three unsuccessful candidates would constitute PERSONAL information and, as such, exempt from disclosure. Again, a decision that has already been appealed.

– As revealed above, four shortlisted candidates became two. No reason for withdrawal was given by one, the other backed out over the residency issue.

–  COPCC make the incredible claim that, as recruitment facilitors, they do NOT know if the three other candidates shortlisted were made aware of Will Naylor’s extant close working relationship with most of the other members of the interviewing panel: Julia Mulligan, Simon Dennis and Fraser Sampson? Even though Dennis is Chief Executive of COPCC.

– What steps were taken by COPCC to establish that the application of Will Naylor was lawful, given that he was already an employee of NYPCC and, as such, ineligible by way of Section 18 (6)(h) of the Police Reform and Social Responsibility Act 2011.
b. If external advice/opinion was sought please provide name of solicitor/counsel.

The information request would, doubtless, have been finalised under the supervision of the aforementioned Simon Dennis, and in consultation with NYPCC as to what might give the game away, or otherwise.

As Simon, and doubtless, the others involved in it, now realise that the full nature and extent of this ‘sham’ recruitment process is on the cusp of being exposed, it is expected that issues over the remaining disclosure will end up before the Information Comissioner for determination.

Draft minutes have also been sought from the Police and Crime Scrutiny Panel, which are expected to shed further light on this increasingly troubled matter [6]. Their statutory report, and conditional confirmation of the appointment of the PCC’s ‘preferred candidate’, is now in the public domain and provides some interesting insight [7].

From the report it can be gleaned that at least some of the Panel member’s had reservations about the successful candidate’s relevant experience and ability. Or, rather, lack of it. His independence was also questioned, having been an employee of the Commissioner for almost four years.

In personal submissions made to the Panel, Will asserted his honesty and said that he was committed fully to the policing code of ethics, and to upholding the highest professional standards. Which present a condundrum in the face of the deceit and obfuscation over his own career history – and that fact that the office he has run for the past three years has little recognisable regard for either ethics, or professionalism. The most glaring, and public, examples are the perpetual non-compliance over information requests or data access – and routine chicanery over published Decision Notices. Compounded by the seeming inability of anyone at PCC HQ, including the Commissioner herself, to give a straight answer to a straight question.

But the question that needs answering most of all is: Was Will Naylor truly the pick of the crop of sixteen candidates, in a honestly held process, for the role of Deputy Police and Crime Commissioner? It is one that should be put to Mrs Mulligan, in public, at the next PCP meeting in January, 2017.

The new Deputy Commissioner, who cited a commitment to better public public engagement as part of his job pitch, has declined to respond to an invitation to comment on the article.

[1] North Yorkshire PCC: 21st November, 2016. ‘Deputy PCC – Will Naylor’

[2] The Guardian: 18th August, 2016. Situations vacant advertisement Deputy PCC for North Yorkshire

[3] The Guardian: Situations vacant rate card

[4] WhatDoTheyKnow: 23rd November, 2016. Deputy PCC for North Yorkshire’s previous employment with HMIC

[5] WhatDoTheyKnow: 2nd November, 2016. Appointment of Deputy PCC for North Yorkshire

[6] WhatDoTheyKnow: 26th November, 2016. Draft Minutes of Panel Meeting

[7] North Yorkshire Police & Crime Scrutiny Panel: 19th October, 2016. Report of Confirmation Hearing

Page last updated Thursday 1st December, 2016 at 1820hrs

Corrections: Please let us 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.

Copyright: 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.

Stories untold: A Disaster of a book

I thought long and hard about writing this piece.

Over the past four years I have made friendships that I deeply cherish amongst the bereaved families, survivors and vanguard campaigners of the Hillsborough Disaster – and I would never, ever contemplate putting that camararderie at risk.

On my visits to Warrington to hear sittings of the recently concluded inquests I was welcomed by them, sat with them, ate with them and shared the terrible anguish of images on TV screens in court that those present will never be truly able to put out of their minds.

I was also sat amongst the Hillsborough Justice Campaign (HJC) group when the Norman Bettison circus came to town and he gave his own version of events from the witness box .

The dilemna, therefore, was: Do I review a book published by one of the bête noirs of the police actions that followed the Disaster that will inevitably re-open scarcely healed wounds? Or, leave it shunned for the short shelf life it is likely to have, before its appearance in the remainder bin.

It was through my own battles with Bettison’s police force that I first came into contact with the Hillsborough campaigners (a phone call in 2011 to Yorkshire-based Trevor Hicks). He had been a person of very obvious interest to them for two decades; I first wrote to Norman Bettison in July, 2009 to tell him something was deeply wrong with my home force in West Yorkshire. He was chief constable from 2006, until the aftermath of the Hillsborough Independent Panel Report claimed it’s first high profile victim in October 2012. His Deputy throughout almost all that time was David Crompton. He, too, was eventually claimed by the outfall from the Hillsborough. This time, it was the way South Yorkshire Police had conducted themselves at the inquests that led to his suspension in May 2016, then resignation in September, 2016.

The consensus amongst those with whom the matter has been discussed, at some length, is that I am well placed to find holes in the Bettison story. Although, the fact that the book is published at all is a surprise. Sheila Coleman sums up the feelings of so many in this quote given to the Liverpool Echo: “I think it’s wholly inappropriate that he’s publishing a book whilst the Director of Public Prosecutions is still giving consideration to criminal prosecutions”. Bettison bizarrely contends: “This book might be the only way in which my own account of the Hillsborough aftermath will ever be heard. By the Crown Prosecution Service, as well as by the public.”

Changing the narrative

I have now read the 355 pages of the book twice. Firstly, cover to cover without a break. Then in a more studied mode and armed with marker pen. It is a well written tome, of that there is no doubt. Bettison is an educated, erudite and articulate man and he writes very much as he speaks. The book does, however, read more like a statement, or a report, than an autobiographical account. It’s several purposes appear very clear to me:

  • To create a lasting narrative, principally it seems, for the consumption of family and friends, concerning his role in the aftermath of the disaster – and one that aligns with his oral evidence given at the inquests.
  • To sweep away much of the organisational criticism that still attaches to South Yorkshire Police and land most of the opprobrium at the door of just four officers (David Duckenfield, Paul Middup and two Bettison doesn’t name whom were responsible for leaked information to the press, leading to The Sun’s infamous ‘The Truth’ front page).
  • To attack those that have given testimony against him, such as Clive Davis and John Barry. Or been, in his eyes, either partly, or largely, responsible for his fall from grace. These, surprisingly, include mild rebuke for Professor Phil Scraton, but at the other end of the scale his most poisonous attack is reserved for Deborah Glass, formerly of the IPCC, and a number of her colleagues still engaged with the police watchdog. For better or worse, it will leave the IPCC badly wounded if Bettison’s account of breathtaking incompetence and sloth is left unchallenged. Others to suffer badly are Maria Eagle MP, West Yorks PCC, Mark Burns-Williamson, and his chief executive, Fraser Sampson.
  • To reinforce his own view that he was one of the finest police officers ever to pull on a uniform. It remains a forceful, shameless, insensitive and excrutiating self-eulogy throughout. One shudders to think how the first draft manuscript would have read. Just a shred of humility may have assisted him both within policing circles and, more crucially, amongst those foolish enough to shell out £18.99 for what amounts to ill-judged propaganda.

It is decidedly not, as it says on the front cover, ‘The Untold Story’. Or, as the publisher’s blurb says: “This personal account describes how the Hillsborough disaster unfolded, provides an insight into what was happening at South Yorkshire Police headquarters in the aftermath, and gives an objective and compassionate account of the bereaved families’ long struggle for justice, all the while charting the author’s journey from innocent bystander to a symbol of a perceived criminal conspiracy“. Far, far from it. Neither does it fulfil the billing in the Preface of ‘openness and transparency’ (that utterly meaningless but perpetual line of policing spin). Or, the ‘nothing concealed’ labelling. That is arrant nonsense, for the reasons I set out in some considerable detail in this article.

It should also be borne in mind that, in his evidence to the inquests at Warrington, Bettison either answered ‘I don’t recall‘, or ‘No‘ to questions on the lines of ‘Do you recollect/remember, over TWENTY times. Is the reader of this book, therefore, expected to accept that these ‘untold’ revelations were either withheld from his evidence, or he has had some miracle restoration to the left side of his brain in the ensuing few months?

Hillsborough Untold MASTER jacket.indd

Subliminal thread that still smears the fans

It is beyond argument that Norman Bettison has never once lifted a finger to help the twenty-seven year fight by bereaved Hillsborough families, and the survivors of the caged hell that was pens 3 and 4 on the western terraces. Firstly, for the truth. Then, latterly, for justice. His ‘compassionate account‘ is, therefore, both unwelcome and paints him in an unattractive, self-serving light. Passing himself off as an ‘innocent bystander‘ in a force so deeply corrupt as South Yorkshire Police is also self-defeating and will, inevitably, backfire on him.

There is also this subliminal thread that runs through the book that places the traditional smears in the mind of the reader without them being stated head-on. The mention of Heysel, as early as page 10, sets the tone for that line of Bettison inculcation. The sly references to late arrival, touts, swaps, drunkenness – and the unruly behaviour of a small minority at the rear of the crush in front of the Leppings Lane turnstiles (he doesn’t make the important distinction of whether that is 0.1%, 1% or 10%*) inserted innocuously through successive chapters. (*The correct answer is 0.1%).

The contemporary audio-visual clips, and the 450 photographs, shown endlessly in evidence at Warrington is the true test, and one upon which the jury answered at the seminal question 7: Was there any behaviour on the part of the football supporters which caused or contributed to the dangerous situation at the Leppings Lane turnstiles? The jury answered ‘NO’, yet Bettison makes no reference to that point or, indeed, any other mention of the 14 – 0 verdict delivered by the nine battle-fatigued men and women who were left sitting at the end of the most gruelling test of endurance, and character, in British legal history. A nod to them might have softened the narrative a little.

Yes, of course, there are some interesting personal insights, pen portaits and caricatures and, in some places (surprisingly few as it happens) information that is not known to those campaigners and journalists who have variously read, or heard, all the inquests evidence and are familiar with the vast database contained within the Panel website, the texts of both of the Taylor Reports (interim and final) and the Stuart-Smith Scrutiny.

These new insights (to me at least) include Bettison being responsible for the headcount in pens 3 and 4, from a montage of photographs put together in preparation for the Taylor Inquiry; Comparison of command officer styles from the ‘military, shouty, authoritarian‘ police chief of the 70’s and 80’s to the ‘lily-livered, laissez-faire, dilettantes‘ of the 90’s and beyond; The mealy-mouthed praise of the late Brian Mole whom, we learn, was nicknamed ‘Soames’ after a ‘dapper, smooth, self-righteous‘ character from the Forsyte Saga TV drama. Bettison also contends that Mole was ‘not much favoured in HQ‘, particularly after the prank that, indirectly, led to the experienced match commander being stripped of duties on the fateful day.

On a wider view, the Bettison interpretation of the physical difficulties, and psychological effects, of the Bradford City Fire Disaster happening at ‘home’, as it were, versus the Hillsborough Disaster happening ‘away’ from Liverpool, was as interesting as the book got. But, even here, Bettison doesn’t burden his readers with the knowledge that, in the past year, the police force that he formerly commanded has been referred to the IPCC over its investigation of the aftermath of the Bradford fire. He also, curiously, refers throughout to Sheffield as a town, rather than a large city.

The cameo – and I place it no higher than that – striking me as the most odd in the book was the extraordinary revelation that Bettison had been a keen supporter of the Reds since he was eight years old. Playing keepy-uppy in his full Liverpool kit that had been bought as a Christmas present. Ergo, he couldn’t possibly hold a grudge against Liverpool fans, as he was one of them. The counter-arguments I advance to the concept of him being a Liverpool supporter are fourfold: Firstly, what was he doing sat in South Stand amongst Notts Forest supporters in 1989? Secondly, why was he not at the 1988 semi-final taking place a short distance from his home between the same two teams. Thirdly, why was this secret affiliation not mentioned as a key point in his contemporaneous witness accounts? Fourthly, and crucially, a declaration of that lifelong interest to ACC Stuart Anderson, when told he had been selected to join the Wain team should have, effectively, disqualified him from that process.

The love of Liverpool, as a city and a place to live, work and socialise, now also belatedly professed by Bettison, can be categorised similarly to his latent support of the Reds. It has emerged, by my own reckoning, only as part of a charm offensive to win over its citizens and, more particularly, bereaved families, survivors, campaigners and journalist critics. It could be paraphrased thus: ‘Look at me, lads and lasses, I’m one of you at heart. The wife cooks me a pan of scouse at least once a week‘. He misses the point, maybe, that only 37 who died were from Liverpool, although another 20 were from Greater Merseyside and the crusade for truth and justice is, and always has been, inextricably linked to the city.

The real truth is that, after only three years in post at Merseyside Police, he was hankering after leaving this great city. He was offered, and accepted, a post with Her Majesty’s Inspectorate of Constabulary (HMIC), but the move was called off after an argument with the Home Office over salary and pension. That, more accurately, sums up the narcissitic Bettison’s true love: Himself.

The Devil is in the detail

Looking at the book through a wider lens, what does come across as striking to me, at least, is the inconsistent manner in which content is presented. Where it suits the overall Bettison narrative, there is almost an excess of minutiae. In other places the reader is left, time and again, with the thought that important detail has been omitted by Bettison that he either knew, or could have very easily found out, if he is the ace thief taker/detective he would have everyone believe.

– Bettison in his witness account in May 1989 says he parked at the junction of Niagara Road and Claywheels Lane from where he walked to the football ground. There is no such junction, as it happens; Niagara Road is a service road that spurs off Beeley Wood Road. In the book he does not give the location of where he parked his car. The untold story is that he may have used the car park of the infamous Niagara Police Sports and Social Club. As did a number of other senior officers on the day. Bettison, it would appear, as he does in a other areas in the book, seeks to avoid mentioning controversial locations and individuals. There is another train of thought entirely – and that is Bettison did not park in, or near, Claywheels Lane at all. But at nearby Hammerton Road police station and walked to the game from there and returned by the same route, largely via Middlewood Road.

– In the book Bettison states that his account was prepared ‘in several sittings over seven or eight days’ after 17th April, 1989. It is a matter of record that his account (actually marked as a report) is dated 3rd May, 1989. What is described as his witness statement is dated 2nd June 1989 (often one simply became the other as they were typed onto the incident room HOLMES database). There is no reference to any pocket book (PNB) entry that he should have made when he put himself on duty at Hammerton Road at around 4pm on day of disaster and, again, when he was released from duty some twelve hours later at the gymnasium (or if we are to believe the statement at the time he joined Merseyside Police, sixteen hours). Those basic duty entries are an essential requirement for any policeman. The fact that it appears he chose, an an experienced, process-orientated, upwardly-mobile officer, not to make any entries concerning either what he had witnessed from seat NN28 in the South stand, which he himself identified as a major incident at 3.06pm, or his contact with what he describes as deceased casualties, on his exit from the ground, simply defies belief. In any properly run police force it would be a disciplinary offence. It also goes to the hypothesis that Bettison didn’t take that route to, or from, the ground at all.

– Bettison doesn’t make clear in the book whether that he filled in a police questionnaire before writing up his account. He did complete one and should, of course, declared his status as a supporter of Liverpool Football Club on that form. But he chose not to and doesn’t expand upon it in the book. The rest of the questionnare is absent of detail, particularly relating to timings. Another untold story?

– His account of the reason for leaving the ground has, crucially, changed from his first, contemporaneous, witness statement to the book. He, emphatically, says he left the ground to phone his wife in his statement. His arrival at nearby Hammerton Road police service was simply to facilitate that purpose after finding only phone boxes with queues around them, along the one mile journey. That has now been modified in the book to include the parallel thought that he could assist in the aftermath of the tragedy by reporting to the police station and relieving strained resources. Reading book and statement side by side paints an unattractive picture and, largely, undermines all what follows.

– The failure to identify the scouse-accented South Yorkshire Police officer who went to hospital as continuity officer, accompanying whom Bettison believed was a deceased casualty in his late 20’s or early 30’s, at the south west corner of the ground. How did the casualty get there at that early stage? How did the ambulance know to go there when the other police officers and the St John’s Ambulance officer attending the man, and one other casualty with an arm injury, had no radios, according to Bettison. Another untold story? Or several of them, in fact. I am, as they say on the TV, helping police (and the IPCC) with their enquiries.

– The failure to note whether there were ten, or twelve, casualties whom he described as deceased at the rear of the West Stand close to the River Don. It is not the difference between 100 or 200. Especially, if you are the self-proclaimed, quick-witted, multi-tasking, ace detective with an eye for detail that Bettison says he is. The books note that the majority were ‘in the recovery position’ but can’t specify how many. Crucial evidence for any investigation that followed, yet he has never been interviewed about it. There were in fact eleven bodies laid there, a fact I have subsequently established from the witness statement of the officer in charge of continuity at the temporary mortuary in the gymnasium, Inspector John Charles. The same number is also referred to in Brian Mole’s statement. Bettison then came across Chief Inspector Roger Purdy, but did nothing more than nod to him, without mentioning the RV point he says he had set up in the south west corner of the ground. He then hastened his exit and, en route, he says, mobilised some officers from Purdy’s serials to form a cordon preventing access to the scene where the bodies were located. Without identifying himself as a police officer. It does, as I have always contended, give the appearance of a rat leaving a sinking ship.

– In Bettison’s witness statement he claimed that ‘more than enough officers were doing everything they possibly could’ once the football match had been stopped by Supertindendent Roger Greenwood‘s belated intervention at 3.06pm. Bettison, unsurprisingly, doesn’t venture to repeat that in the book. Or, more crucially, correct it. The inquests established beyond doubt that a heroic minority were ripping at mesh, helping fans over fences, passing casualties out of the pens chain gang style, carrying them out through the tunnel, or attempting resucitation. Tragically, far too many of the rest either froze, were misdirected by senior officers or couldn’t raise an effort to help the hundreds of Liverpool fans desperately trying to stop death touching their fellow travellers.

– Bettison, although critical of cages (pens), barrier configuration and the policy of segregation over safety, persists with a line that the police only lost control of the crowd outside of the Leppings Lane turnstiles at 2.45pm. The inquests established beyond doubt that effective control had slipped away from the police by 2.20pm and all vestiges of control had gone by 2.30pm. He also makes several references to the beach ball being patted around in pen 3 to support his own view from the South Stand that the pens were not abnormally overcrowded and he ‘sensed no danger’ at that point. The last person known to have touched that beach ball was Jason Kenworthy at 2.40pm. He was stood with three teenaged friends who died in the crush. The families of those three, which include Barry Devonside, will be horrified at the inference Bettison seeks to make.

–  Bettison also puts a veiled construction on the circumstances of the removal of barrier 144 near the mouth of the tunnel. He says an unnamed chief inspector asked the club and their consulting engineers to ‘review’ its positioning. The inquests heard that the police requested the removal of the barrier. The officer to whom Bettison refers is John Freeman (at the time of the Disaster a Superintendent) and the omission of his name is both startling and alarming. ‘The Freeman Tactic’ was one devised by that officer, during his time as a match commander at the Sheffield Wednesday ground, to close the tunnel entrance to the pens as they became full. References to the Freeman tactic were removed from statements prepared by the Wain team for the Taylor Inquiry.

– Another pointless attempt at justification of the police’s actions on the day comes with the lengthy Bettison narrative over delaying kick-offs. A simple check of the inquests evidence of Kenneth Dalglish lays that to waste. As does the fact that the kick-off at a FA Cup semi-final at the same ground in 1987 was delayed due to crowd congestion. Many Leeds United fans had experienced crushing in the Leppings Lane turnstile area and central pens before and during the match.

– Analysis of the questionnaire and statement of Chief Inspector Les Agar (who is mentioned on page 41 of the book) reveals other inconsistencies with Bettison’s version regarding timings and who did what. That concern is amplified when also compared with the account of DC Bob Hydes (of catching Yorkshire Ripper fame) and what he did during his two visits to the gymnasium.

Dramatis personae

There are also the gaps in the ‘untold story’ that appear, on their face, designed to either downplay the role, or avoid scrutiny, of Bettison’s former colleagues in the upper echelons of policing. I give just four examples out of many:

– What was the substance of the email messages between Bettison, David Crompton and Sir Hugh Orde on the day of the publication of the Panel report and in the ensuing hue and cry?  West Yorkshire Police refused my freedom of information request on the topic many moons ago and this was Bettison’s opportunity to unlock the mystery. We know, because my journalist colleague, Jonathan Corke, eventually secured release of the emails between Crompton and Orde that the line being taken between those two that the families version of ‘the truth’ was not acccepted and was to be lobbied against. There is also no mention of the calls or text messages Bettison said he couldn’t have made, whilst in Sussex, that were later traced through analysis of his phone records.

– It is established beyond doubt that Bernard Hogan-Howe was managing the accommodation and pastoral care of relatives of missing persons at the boy’s club opposite Hammerton Road police station, from early in the evening until he went off duty at around 3.30am. Bettison appears to have put himself in charge of a temporary missing person’s bureau shortly after arriving at that police station. Bettison refers only to an inspector taking charge at the club which was, of course, the current Met Commissioner’s pip at that time. Hogan-Howe’s name is conspicious only for its absence from the ‘untold story’.

– The odious John Beggs QC also rates a mention late in the piece. But, in the context of his services being procured by the Police Authority in their bid to oust him from his role as chief constable of West Yorkshire Police in September and October, 2012. There is not a single word of criticism of Beggs’ relentless and unedifying antics at the inquests in Warrington, at which the drunk, ticketless, non-compliant line of questioning was pursued relentlessly on behalf of the police’s two match commanders. Prolonging the inquests and adding hugely to it’s cost. Not just in monetary terms but, much more crucially, in the emotional attrition ladelled onto to families and survivors sat in the galleries at either end of that vast courtroom. Over the duration of the inquests, I saw the physical and mental effects that was having. I also witnessed, for the only time in my lengthy career as newspaper publisher and journalist, Queen’s Counsel incandescent with rage once they had left the calmer confines of the courtroom. The source of their disquiet was Beggs’ conduct and blatant lies told by South Yorkshire Police officers in oral evidence.

– The input of HMIC is relied upon to sterilise Bettison’s account of the interview process that led to his appointment as chief constable of Merseyside. The HMIC officer involved was Sir Dan Crompton, father of the hapless David. Bettison has not sought to explain, or apologise, for Crompton senior’s appalling, deeply damaging and distressing remarks made at the time about the Hillsborough campaigners, whom were described as “vexatious, vindictive and cruel” to oppose the controversial appointment in their city. Bettison, with all his newly-avowed compassion towards the sufferers does not seek to denounce this outrageous slur. As with Crompton Snr, Crompton Jnr and now Bettison, it seems there is no need to correct those words, or profusely apologise for them.

– Of the few mysteries still remaining to be unlocked concerning the Disaster, and the one that probably interests me the most, is the whereabouts of David Duckenfield between finishing the match briefing at around 10.30am until having lunch in the gymnasium at 1.30pm. Bettison offers no clue as to the disgraced chief superintendent’s whereabouts. The inquests evidence from Duckenfield is that he couldn’t recall what he had been doing between the end of the early morning briefing and arriving in the police control box at 2pm. Or, in fact, where he had been. Another untold story.

Bettison’s anointing of his chief constable at the time, the late and highly autocratic Peter Wright, the cerebral deputy chief, Peter Hayes and, in particular, Terry Wain, may not have been calculated to vex, annoy and harass the bereaved, and the survivors of the Disaster, but that will be the inevitable effect. It is established beyond doubt that Wright and Hayes were at the heart of the thoroughly dishonest injustices perpetrated against the coal mining pickets at the Orgreave coking plant, just four years before the Hillsborough Disaster. Bettison’s unstinting praise of both further underscores his own fallibilty and completely undermines the credibilty of the rest of the book. As does his wholehearted endorsement of the heavily criticised Stuart-Smith Scrutiny. Similarly, his lack of any criticism, whatsoever, of the mini-inquests conducted by Dr Stefan Popper, one of the biggest, and most hurtful, travesties of justice in the modern era, does Bettison no credit at all.

The missing word

The eight letter word O-R-G-R-E-A-V-E does not appear on any of the 355 pages of Bettison’s book. It is a remarkable omission. The legal teams representing the Orgreave campaigners have put the view, most forcefully and persuasively, to the Home Secretary that the full truth and justice over Hillsborough cannot finally come unless there is a full independent investigation, or inquiry, into the events surrounding the miners’ strike which came to a head in the summer sunshine on June 18th, 1984. Bettison plainly does not agree, and that part of the contemporaneous, and highly relevant, history of South Yorkshire Police remains untold.

There was no cover-up

This is the most remarkable passage in the book and plainly expected to reach only a narrow, mostly uninformed, readership. Bettison paints a picture of the Wain Report being scrupulously prepared, by the team of which he was a pivotal part, with a single purpose in mind: To assist the police QC, William Woodward, in presenting submissions to the Taylor Inquiry and prepare counsel for what the police’s own witnesses might say in their oral evidence.

Over the years Bettison has consistently downplayed his role in the Wain team as ‘peripheral’ and ‘junior’. Similarly, in his consecutive role after being chosen as the chief constable’s eyes and ears at the Taylor Inquiry. In his oral evidence to the inquests at Warrington, the only light relief over four torturous days came when Bettison claimed that he was the ‘Butty Boy’ for the lawyers when they took their lunchtime break from proceedings – and he was despatched to Marks and Spencers for the sandwiches. He has not repeated that claim in the book, but supplanted it with the startling revelation that a man so humbly positioned took it upon himself to prepare, and send by fax, to Bill Woodward, an unsolicited overview of his own findings from listening to the entire 31 days of Inquiry evidence at Sheffield Town Hall. For better or worse, influenced or not by Bettison’s input, it remains a fact that Woodward’s submissions to the Inquiry contained no paragraph where blame was accepted by his clients, South Yorkshire Police.

Bettison’s book in seeking to label the cover-up  as ‘mythical’ not only offers no explanation for these crucial elements of it, he doesn’t mention them at all:

– Sampling blood alcohol levels of deceased, including children as young as 10yo

– Questioning bereaved families over alcohol consumption

–  Criminal record checks on the deceased

– Theft of CCTV tapes from football club control room

–  Removal of logs from police control box in West stand

– Instructions given to officers not to make entries in pocket note books (PNB’s)

–  Evidence gatherers and operational support units sent out looking for evidence of bottles and cans (and carafes) that had contained alcohol. Both around the ground and over the outlying road routes between Sheffield and Liverpool

The above all happened within hours of the Disaster. Those below were perpetrated as the cover-up mentality became more developed:

– Instructions to officers to write out undated ‘accounts’ on plain paper, rather than provide conventional S9 Criminal Justice Act statements, which carry a perjury warning

– Statement tampering that removed criticism of police operations (not closing the access tunnel to the West stand central terraces, faulty radios, displacement of serials etc) and ineffectiveness of senior officers

– Intimidation by West Midlands Police officers of key witnesses

– Keyword interrogation of HOLMES computers to identify and distil evidence relating to drunkenness or unruliness of fans

More recently, it became apparent that swathes of evidence had not been disclosed to the Independent Panel by South Yorkshire Police in 2009 and, in point of fact, the IPCC were still searching police premises for evidential materials as late as last month. That would tend to go further to the evidence of a ‘cover-up’.

Bettison claims to have followed the inquests every day and read the transcripts. If that is true, then all the above elements of the South Yorkshire Police cover-up were examined in great detail by counsel for the inquest, and those representing the families and the interested parties. Yet, still, it seems, Bettison wants to run the no cover-up narrative. He can expect little sympathy from a largely hostile media on that score. The BBC’s Evan Davis destroyed him within seconds in this seconds over his claim of being a “peripheral” part of the police cover-up:

The Mirror’s Brian Reade has described Bettison as a “duplicitious snake” and Channel 4’s Alex Thomson cornered him with a line that will enter broadcast journalism folklore: “Who made the changes, the statement fairies?” The Guardian’s David Conn has written a measured, but exoriating, piece ‘Hillsborough: Sir Norman Bettison is seeking to deny the truth’. The Liverpool Echo has carried a series of withering pieces that include the accusations that Bettison is ‘Evil and arrogant’ and ‘Patronising, pompous and self-serving.’

The Best of the Rest

Three other soon to be published articles will cover the remaining parts of the book that touch more on the events surrounding Bettison’s ignominous exit from the police service in 2012, rather than any untold story of the disaster. These will add important context to his ongoing battles with the IPCC – and other peripheral issues such as the Platinum Theft allegation, Bettison’s explanation for it and the very recent decision by South Yorkshire Police to lie to me over requests for information concerning that alleged theft. It is already swathed in further controversy as John Mann MP has rounded on Bettison accusing him of rubbishing the reputation of the wrong former police officer in the book, describing him as “a vindictive former police officer, himself sacked for dishonesty and sent to prison”

Mann is quoted in the Yorkshire Post as saying: “His character assassination on an unnamed South Yorkshire Police officer may well come back to bite Bettison. If he has knowledge of the source of the allegations then this can only have come through a criminal leak from within the police. If he has guessed wrongly at the source, which I strongly suspect, then he has launched an unwarranted and vicious attack on the wrong person and that has consequences. I will be pressing the IPCC on this matter”.

The IPCC have announced that they have no issues with the book as far as their own criminal investigations are concerned.

Now this really does start to have the look and feel of ‘The Untold Story’. Except it won’t come to light in Waterstones. Their buying decisions, they have told Alex Thomson, are based on ‘the quality of the book’ and they have rejected Bettison’s debut effort.

It is not unrealistic to hope that the publishers will soon withdraw the Bettison book, on the basis it now stands entirely discredited.

 

Page last updated: Saturday 19th November, 2016 at 0845hrs

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.

Copyright: 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.

 

 

Where there’s a Will there’s a way

Over the past two years, I have had a considerable amount of dealings with Will Naylor in his role as Chief of Staff to the Police and Crime Commissioner (PCC) in North Yorkshire. He is a personable man, generally courteous and, mostly, helpful insofar as the limitations of his present role allow.

Will appears popular with both the PCC and the two of his staff with whom I have the most dealings, Digital Engagement Officer Simon Jones and Caseworker, Sheree Evans. It is also to Will’s credit that Simon and Sheree are a reflection of himself as polite, largely helpful public servants. There is also a good ‘feel’ as visitors walk into the their HQ in Harrogate, which is usually a sign of a happy, functioning team. (Since this article was first written Sheree has now left the PCC’s employment in a sudden, unexplained departure).

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‘House of Secrets’? Only a small sign on the front of the building reveals that it is the NYPCC headquarters in leafy Granby Road, Harrogate.

But, for all of that, it came as something of a shock when I saw that his name had been put forward as the preferred candidate for the newly created position of Deputy PCC. The concept of feather duster to peacock immediately sprung to mind.

Setting aside his present, or future, capabilities for the job, I couldn’t visualise the transition from a virtually anonymous, innocuous office manager role to the PCC’s Deputy. Type ‘Will Naylor‘ into Google and you learn nothing. No image, no background, no colour, no public persona. Nothing. It is as though he landed at PCC HQ from Mars.

Whereas, according to the perpetually unreliable PCC website, he arrived from the office of Helen Grant, MP for Maidstone, whose relatively short incumbency in Parliament has been dogged by controversy. It will come as no surprise that they have included expenses and staffing scandals [1].

Rather more surprising is that Will is described on the PCC’s website as Mrs Grant’s former chief of staff. The local Kent press described him as her parliamentary assistant. The Independent Parliamentary Standards Authority website clearly shows that there is no such recognised position as chief of staff in an MP’s office. So who is kidding whom?

Also, my understanding of the legislation (section 18 of the Police Reform and Social Responsibility Act 2011) is that a PCC cannot appoint a member of his/her own staff as a Deputy PCC, a point taken up by others, to some effect, later in the process.

There had been considerable controversy when a rather better known Labour policy wonk, and failed MP candidate, Isabel Owen, made the transition from working as a ‘consultant’ for the PCC, in neighbouring West Yorkshire, to Deputy PCC [2]. It didn’t harm Ms Owen’s cause that she is married to Peter Nicholson, the Regional Director of the Yorkshire and Humber Labour Party.

Interestingly, one of the key facilitators of Will Naylor’s candidacy, interim NYPCC chief executive, Fraser Sampson, was also closely associated with the Owen appointment in his role as WYOPCC’s substantive, and hugely rewarded, chief executive.

Some have argued strongly against the need for such a Deputy position in North Yorkshire, such as the Police Federation’s voice in the county, Mike Stubbs. He says the timing is ‘unfortunate‘ and there are ‘damaging perceptions of cronyism and jobs for the boys‘ around the appointments of Deputies.

I am not in that group. Having seen the level of her own personal commitment, and the number of hours Julia Mulligan puts into the job, I take the view that if she is able to weave such a role into her office costs budget there are significant operational benefits in having a reliable Deputy to take on some of the more time-consuming parts of the PCC’s remit, such as constituency surgeries.

Whether Will Naylor is the right man remains to be seen. A key reservation would be, in my own experience, is that, like Julia, awkward issues are invariably fudged away, or ducked altogether. A very vivid example of this is the nationally-known scandal over Operations Rome and Hyson. About which, much has been written elsewhere.

Between the two of them, I have never once heard, or read, any criticism whatsoever of the chief constable, or the shortcomings of his force, over whom they have holding to account responsibility. Either publicly, in meetings, or in correspondence.

chief-constable-dave-jones-and-commissioner-julia-mulligan
Chief Constable Dave Jones in a familar PR pose with PCC Julia Mulligan. Jones has escaped any criticism from Mrs Mulligan since his appointment in April 2013, but both face three emerging scandals concerning: the infamous  ‘Pink Gun’ tribunal case; a Court of Appeal judgment over a failed rape case that was scathing about both Jones’ and the force’s conduct; and a third matter, also concerning a failed rape case in which the victim has been treated poorly by both the force and PCC.

It is a statutory requirement that a confirmation hearing takes place, once a PCC decides on his/her preferred candidate for Deputy Commissioner. This is part of the remit of the Police and Crime Scrutiny Panel (PCP) and an agenda item was set aside for the purpose at their meeting on 6th October, 2016. The full agenda for that meeting, including some interesting background papers relating to the appointment process can be read here [3].

The report that flowed from that hearing, also a statutory requirement, was published on 19th October, 2016 [4]. It revealed a surprising amount of rigour, for a committee noted in the past only for its torpor, and the findings were very much in line with my own views.

Will Naylor was recommended by the Panel only by a majority verdict – and provided certain conditions are met. That is unsurprising, given some of the questions that were asked of him by the Members and the obvious flakiness of some of the material presented, both by Julia Mulligan in her own report on the recruitment process, and Will himself in his personal statement, which was absent, for example, of any substantive details of qualifications, previous employment and relevant experience.

It can be seen from their report that the Panel challenged the preferred candidate in a number of key areas. Particularly his professional competence, personal independence and experience in a public-facing role. The outcome being that there are considered to be  ‘gaps’ in his competencies and doubts about his independence – and the Panel require a Personal Development Plan (PDP) in place if the PCC can demonstrate that the appointment is, indeed, lawful and she formally offers the position to Will Naylor, once he has resigned his post as Chief of Staff.

However, to my eye there were also some obvious shortcomings in the Panel’s report: The number of candidates who applied and were then, subsequently, interviewed is not disclosed. Or declared by the PCC in her report. That is now the subject of separate information requests to both the PCC’s office and the PCP, after repeated refusal by Simon Jones (presumably acting on istructions from above) to provide that information via Twitter. This in spite of the written claim made by Julia Mulligan to the Panel that the recruitment process was ‘open and transparent’.

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Twitter interchange with Simon Jones (no relation to chief constable) who is the PCC’s Digital Engagement Officer and runs their Twitter account which has, since November 2012, accumulated just 2,350 followers. Many of them outside of North Yorkshire’s pool of  602,000 constituents and 1,500 police officers and staff.

There is also mention in the PCC’s report of a well qualified pool of candidates applying for the post, who met all the selection criteria, and Will being the best of the bunch. That on it’s face appears counter-intuitive, given the potential shortcomings in his candicacy highlighted in the confirmation hearing. Put shortly, it doesn’t add up.

There is also no mention of his CV, or previous employment references being taken up, or whether they were satisfactory. Although this may well be covered under the ‘vetting’ procedure.

The freedom of information finalisation [5], which came 26 days after the questions were first asked, has now opened up other interesting lines of enquiry into this selection process [6]. What is now known is that there were, allegedly, 16 candidates who responded to a single, small press advert in The Guardian, costing just £900. The job was not advertised in the conventional outlets for recruitment advertisements of this nature, the Yorkshire Post, Northern Echo or York Evening Press, which would strike most commentators as odd, to say the least.

Of the 16 whom expressed interest, 4 were selected for interview by an unnamed ‘Selection Panel’. Curiously, two did not appear before the interviewing panel. This left Will Naylor and one other. The rest, as they say, is history. Of the interviewing panel three were past or present close working colleagues of Will’s: Julia Mulligan, the aforementioned Fraser Sampson and Simon Dennis. The latter had orchestrated the entire selection process at the invitation of NYPCC. Simon is also featured in another article on this website [7]

So, it seems, where there’s a Will there’s a way to make him your Deputy if, of course, your name is Julia Mulligan and you have the backing of Chair, Carl Les, and the Conservative hardcore on the Panel. Even if it means bending the law – and not quite being as frank as you ought to be about the recruitment process.

But, good luck to Will. He may yet turn out to be the people’s champion on policing matters in North Yorkshire, and be the first to stand up to some of the wilder excesses of the chief constable. In his personal statement to the PCP he cited, quite oddly, that he wanted to ensure that harassment allegations were investigated much better by the police. Perhaps he was mindful of this case [8] which has caused the PCC’s office and the force so much damage to their good standing?

Page last updated Saturday 5th November, 2016 at 1150hrs

Annotations

[1] Wikipedia: Helen Grant MP

[2] Yorkshire Post 11th April, 2013: ‘Police role given green light after crony row’

[3] North Yorks PCP 6th October, 2016: Meeting agenda including Deputy PCC papers

[4] North Yorks PCP 19th October, 2016: Report on Deputy PCC confirmation hearing

[5] What Do They Know 12th October, 2012: ‘Appointment of Deputy PCC’

[6] What Do They Know 2nd November, 2016: ‘Appointment of Deputy PCC’

[7] Neil Wilby 22nd May, 2016: ‘The Inn of Last Resort’

[8] Private Eye 31st August, 2016: ‘North York Boors’

Corrections: Please let us 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.

Copyright: 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.