The Road to Perdition

That a police force has set out to completely and utterly ruin a man, mentally, physically, financially, over the the past eight years is not in doubt. The story is well-rehearsed elsewhere on this website.

Neither is the fact that a law enforcement agency has not only been prepared to commit serious criminal acts, but coerce other policing agencies and public bodies to feverishly cover them up (read here).

That conspiracy against Dr Abdul Rashid, a well respected Bradford general practitioner, both in terms of the smear campaign against him, the police criminality and ‘cover-up’, for which the most compelling evidence is available, appears to embrace the local, regional and national media. The once-respected Telegraph and Argus has provided scant, one-sided coverage of the case and give the appearance of being at the beck and call of West Yorkshire Police.

The T&A gleefully reported the outcome of a ten day hearing of a bitterly fought civil claim hearing in Bradford County Court, directly opposite the newspapers headquarters. Their reporter, absent from the entire proceedings beforehand, turned up for the 45 minute handing down of the judgment and then did a hatchet job on Dr Rashid. Grounded in error-strewn findings that, put shortly, did not reflect the evidence or legal argument heard in court. It was appealed and the verdict of Mr Recorder Nolan QC quashed (read here).

I was the only reporter in court throughout the trial and the police made representations to the judge and tried to have me removed. An enterprise that failed miserably, as I hold the necessary press credentials (read more here).

The fact that an appeal was in train, the consequent one day public hearing of the appeal or the handing down of the judgment in Dr Rashid’s favour was never reported in the press, or on the heavily pro-police broadcast media in the region. Matters of not only huge reader (and viewer) interest in their locality, but of massive public concern in terms of the perenially oppressive, objectionable behaviour of the police and the conduct of the case by a judge whose attitude towards the claimant’s legal team was highly questionable throughout the trial. Amply borne out in the trial transcript (read more here).

At a case management hearing earlier today (16th October, 2021) at the Leeds District Registry of the High Court, before the North East Circuit’s most senior judge, Mr Justice Lavender, the outfall from Dr Rashid’s success at appeal, where it was determined that his arrest by WYP in 2012 was unlawful, was picked over and Directions given to both legal teams.

The successful claimant has been represented, throughout the eight year battle with the police, by Ian Pennock of Park Lane Plowden Chambers in Leeds. Olivia Checa-Dover of KBW in Leeds advocates for the police.

The judge, firstly, and as a High Court arbiter, dealt with matters consequential to the appeal:

The costs of the appeal were awarded to Dr Rashid. The legal bills of both parties are estimated to be around £125,000, for which the taxpayer foots the bill. A payment on account of £35,000 has been ordered by the judge, pending agreement or assessment of costs.

Folllowing the quashing of Mr Recorder Nolan’s Order and a substitute finding by Mr Justice Lavender that the arrest was unlawful, the senior judge clarified that damages are to be assessed for wrongful arrest, at a hearing that will take place in the Autumn of next year, back at Bradford County Court.

The issue of whether Mr Recorder Nolan QC should preside over the causation and quantum hearing was dealt with fairly shortly by the judge. In his written submissions, Mr Pennock had advanced the view: “From the perspective of any reasonable person objectively assessing incorrect assertions by the police [in respect of their arguments in favour of Ben Nolan QC continuing to hear the claim], it would only further raise an index of suspicion with regards to the police’s clear and strongly expressed desire for the Recorder to be, effectively, reserved to this matter, particularly when the same is not necessary. Dr Rashid makes clear this is in relation to the ‘appearance’ of justice being seen to be done and the police not being able to select the judge they consider to be most favourable to them”. The nub of Miss Checa-Dover’s argument was that Recorder Nolan is familiar with the case and should carry on with it.

Mr Justice Lavender ruled that he was not minded to adopt the argument of counsel for either party. He will alert the Designated Civil Judge for Leeds and Bradford, HHJ Mark Gosnell, that listing the matter to be heard by Mr Recorder Nolan QC would be followed by an application, from counsel for Dr Rashid, in terms that the part-time judge recuses himself.

The judge also observed that Ben Nolan’s present term as a Recorder will have expired by then, and there is no way of knowing whether that arrangement will be renewed. So, the prospective choice of that particular judge may not even arise.

The costs of last September’s ten day liability hearing are reserved. The reasons given by the judge are that Part 36 offers (read here) are already in place on behalf of both sides. If an Order was made now, it would, he says, preclude any further Order by a judge in the County Court in the future. ‘Consequences of those [part 36 offers] will fall to be considered at the end of the quantum trial’.

For example, if the damages did not exceed the offer made by West Yorkshire Police, confirmed in the hearing as £10,000, then Dr Rashid would be left with the costs. If the damages are set at, or exceed, £10,001, then the police pay the costs. The claim is for £5 million and Mr Pennock described the police’s Part 36 offer, not unoriginally, as ‘paltry’. He had argued that costs should follow the event, in the normal course of civil proceedings, but was overruled on that point. Miss Checa-Dover’s submission was that the claim by Dr Rashid is ‘not yet fully determined and there is a real possibility of impact on costs’. A clear signal that WYP will contest this claim to its bitter end.

As the judge himself noted wryly, by a trick of technical wizardry he was able to mutate from a High Court judge sitting in Leeds, to a district or circuit judge in Bradford County Court, so that he was able to give Directions to the parties for the future conduct of the case in that jurisdiction.

Timetabling of the route to the second trial, to determine causation and the amount of damages (quantum) that the police will pay Dr Rashid, was set out: A case management conference is listed for 28th May, 2021 and a further renewal, which may, in effect, become a pre-trial review to be listed on, or after 2nd July.

After hearing argument from both counsel, the judge rejected Miss Checa-Dover’s oral application for what was a thinly disguised bid for a wasted costs order. Mr Justice Lavender ruled that, in respect of today’s hearing, ‘costs were in the case’. That is to say, the ‘losing party’ at the outcome of the final hearing next year will bear the costs of both sides.

As Dr Rashid pointed out after the hearing, he is already ‘the winner’ in terms of having the 2012 arrest at his home, in a dawn raid involving 16 officers, deemed unlawful. That was a long-awaited vindication of a postion he adopted and maintained in the long years since that awful, deeply traumatic day.

Sir Nicholas Lavender QC is a former Chair of the Bar Council. He was called to the Bar in 1989 and took Silk (appointed as Queen’s Counsel) in 2008. He was appointed as a Recorder in 2010, a Deputy High Court Judge in 2013 and as a High Court Judge in 2016, assigned to the Queen’s Bench Division. Highly respected, he is currently a Presiding Judge of the North Eastern Circuit.

By the time the Rashid claim is finally settled, he will probably be a Lord Justice of Appeal. Following the same path through Leeds as one of the best judges ever to sit in that court, Lord Justice (Sir Peter) Coulson.

Two other victims of the same class of police vendetta also feature elsewhere on this website: John Elam (read more here) and Ralph Christie (read here).

Page last updated: Sunday 18th October, 2020 at 1855 hours

Photo credits: Cambridge University

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

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© 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 Media, with appropriate and specific direction to the original content.

‘A grubby little police force’

This catchphrase, now widely shared on social media and indelibly associated with Durham Constabulary, was first coined in November 2016 as part of communication between journalist, Neil Wilby, and the force, concerning a concise, plainly expressed freedom of information request (read in full here).

The disposal of that request quickly turned very ugly after Durham made, very arguably, the worst and most offensive response in the history of the Freedom of Information Act, 2000. It was an unwarranted, unvarnished, libellous attack by a police force, against an enquiring reporter, that also contained a series of deliberate and inexcusable untruths. There had never been any communication or interaction between them prior to that request, which made a response of that deeply offensive nature all the more inexplicable and inexcusable.

Those police officers responsible, both civilian and warranted, should, on any independent view, have faced a criminal investigation or, at the very least, a disciplinary hearing. A clearer case of misconduct in public office or, in police regulations parlance, disreputable conduct, would be hard to find.

Interestingly, the senior officer with portfolio holder responsibility for information rights at that time was Deputy Chief Constable Jo Farrell, since promoted to the top rank following the sudden, inexplicable ‘retirement’ of her predecessor, the vastly overblown Mike Barton.

Their motivation, it seems, was to frustrate a journalistic investigation into yet another shoddy operation, in a lengthy cataloge in that era, by North Yorkshire Police. Durham’s part in that probe is that they had, allegedly, taken over a fraud investigation from NYP as it involved a very prominent, and influential, former police authority Chair in North Yorkshire, Jane Kenyon. Over the years, a regular object of derision in the satirical magazine, Private Eye, regarding her dubious business dealings (read more here).

The criminal ‘investigation’ also featured Thomas William Miller, a Scarborough councillor better known as Bill, who is now married to Kenyon. The victims of the alleged fraud were one Miller’s sons, Jeremy, and his daughter in law, Karen. All four had been involved in a company called Dales Timber Ltd.

In the event, disclosure was refused by Durham after a series of ludicrous, childish, unlawful posts on the What Do They Know website, upon which the request was first posted. They relied on Section 14 of the Act, saying the request was ‘vexatious’, without actually explaining why.

Following a complaint to the Information Commissioner’s Office (ICO), the Durham decision was overturned. During the watchdog’s investigation the police force continued their smearing campaign against the journalist. Given weight to the argument that this was not about an information request but much more about pursuing a vendetta.

They eventually, and reluctantly, made partial disclosure from which it could readily be deduced that the fraud ‘investigation’ on behalf of NYP was a sham. There was simply no intention to gather probative evidence, take statements from key witnesses and/or suspects, seize evidence or apply the necessary rigour to what, on any independent view, was a very serious matter involving a high profile public figure with a history of dodgy dealing. Efforts since, via the Police and Crime Commissioner, the disgraced Julia Mulligan, a close Conservative Party associate of Jane Kenyon, to have the flawed fraud investigation re-opened, were vigorously rebuffed.

The outfall from that venomous attack by Durham is still the subject of civil proceedings that were first brought in November, 2017 against Durham, who have done everything they can to frustrate that process. A resumed hearing is listed for November 2020. The first, in December, 2019, was adjourned due to the court not allocating sufficient time for the hearing to be completed. [The court service’s over- listing of multiple back-to-back hearings, with no provision for urgent or emergency matters to be dealt with by district judges, will be the subject of a future article].

The claim has been brought by way of section 13(2) the Data Protection Act, 1998 (since superceded) following the sub-optimal disposal of a data subject access request; Durham’s Information Rights Manager, Leigh Davison, has admitted the breach and apologised in her witness statement but, at the same time, their counsel, Daniel Penman, pleads that there is ‘no cause of action’ and advises Durham to refuse to pay the nominal damages sought.

Penman, an oppressive, excessively bullish and sometimes foolish individual is, in those terms, ideally suited to this particular client. One of his bizarre claims, made during informal discussions with the district judge at the conclusion of the last hearing, designed only to humiliate his opponent, was that Mark Gosnell, a senior civil judge based in Leeds, is known as ‘Mr Justice Gosnell’. He was not then and is still not now a ‘red judge’; notwithstanding the very fine and highly regarded arbiter that His Honour undoubtedly is.

He did not welcome the advice from a seasoned journalist/court reporter that, without a change in approach towards other parties to litigation, or journalists, he may well not make the advance in his career his undoubted promise as an advocate might warrant. An approach also in evidence at Bradford Law Courts during a hotly contested civil claim at which both journalist and barrister were present (read here) when he and his leader, the similarly bullish Olivia Checa-Dover, tried, unsuccessfully, to prevent Neil Wilby reporting on the case. Anyone reading that trial summary will understand precisely why those instructing counsel, led by Alison Walker of West Yorkshire Police no less, would have preferred the highly controversial matters aired in the resolution of that £5 million claim, including lurid details of the activities of a “bad apple” officer (read more here), to remain concealed.

A second civil claim is to be issued shortly against Durham concerning the same data subject access request: The force, via Ms Davison, maintains that all materials to which the applicant was entitled were disclosed, when it is patently obvious that such an assertion has no basis in either the facts or evidence. There is also a peripheral issue of the torn packaging in which the subject access materials were sent. Taken at its face, a minor matter of course, but one that created significant distress and alarm at the prospect that sensitive personal data, sent out by a police force, was accessible to anyone within the postal service.

At the time, Durham didn’t even have the courtesy or professionalism to respond to the email and attached photographs, evidencing the flimsy, careless and, in fact, unlawful manner in which the data was transported. But for “a grubby little police force” that type of treatment comes as standard. They utterly resent any form of scrutiny or challenge.

Ms Davison is the subject of robust criticism, over both disclosure failings and her lack of professionalism and the seeming lack of integrity of her department, from other service users such as Huddersfield businessman Stephen Bradbury who has also succeeded at the ICO in his complaint against Durham and has been forced to issue civil proceedings, grounded in Section 168 of the Data Protection Act, 2018 and Article 82 of the General Data Protection Regulations (GDPR), over a grotesque breach of his privacy and misuse of personal data. Despite the ICO finding, the police have ignored all attempts to settle the claim without resort to legal action.

The case of local man Mel Dawson has reached the national newspapers (read here). Durham Constabulary has been responsible for a quite remarkable sequence of ‘disappearances’ of important data. Not least of which is all materials related to a search warrant that Mr Dawson asserts was unlawfully obtained.

Another more startling critic of the Information Rights Department, Ms Davison, the force’s Legal Services Department and Chief Constable Farrell is one of their former colleagues, Michael Trodden, who complains bitterly over disclosure failings relating to a criminal trial at which the detective was cleared by a jury (read here) and in misconduct proceedings that followed.

A third Yorkshire man, Darren Longthorne, together with his wife, Tracey, are also fiercely critical of Ms Davison, and others, following the death of the latter’s father and a botched investigation by Durham that followed. The inevitable disclosure failings by the police are at the heart of their complaints.

This is an emerging picture of sustained abuse of the Freedom of Information Act, the Data Protection Act and the Criminal Procedure and Investigations Act by a law enforcement agency. A national disgrace and one upon which the statutory regulator should be taking much more robust action than the occasional slap on the wrist.

It is a near certainty folowing publication of this article that other complainants will come forward and add further weight to the “grubby little police force” strapline.

More recently, yet another decision made by the ICO has gone against Durham following a further Neil Wilby information request (read in full here). The genesis of the request was the media storm over another grotesquely failed ‘outside force’ investigation. This time concerned the alleged theft of sensitive documents relating to the review of the police actions following the Loughinisland massacre in 1994.

Durham Constabulary and the two officers who led the investigation, at the invitation of the Police Service of Northern Ireland (PSNI), the aforementioned Barton and the civilian investigator, Darren Ellis, about whom much has been written elsewhere on this website (read more here), were absolutely slaughtered both in the High Court and the national press over their conduct – and particularly over warrants obtained unlawfully against two hugely respected Irish journalists, Trevor Birney and Barry McCaffrey. The latter two are presently involved in mediation over settlement of their claims for unlawful arrest, trespass and detention. Neither Barton nor Ellis have faced any investigation or proceedings over their ghastly conduct.

In their response to the information request, again very precisely drafted, Durham claimed that they held no information and that under the Police Act, 1996 the request should be transferred to Durham. It was a response so ludicrous that it might have been written by a 12 year old – and was nothing more than a peurile, vacuous ruse to avoid disclosing more damaging material, particularly internal and external emails, to journalist they dislike intensely. If Ms Davison didn’t write it herself (the response was sent anonymously in breach of Code of Ethics and Authorised Professional Practice), then it went out under her departmental direction and control.

The force even refused to fulfil their obligations under FOIA and, more particularly, the College of Police’s Authorised Professional Practice, regarding the request made for an internal review of the decision not to disclose anything.

Durham has also now revealed that four other requests were received on similar subject matter and they got away without making any disclosure to those applicants.

It took the ICO seven months to reach their decision but, for them, they were scathing in their criticism of Durham and directed that the request did have to be dealt with by them and all materials prior to the investigation commencing should fall for disclosure. Some, but not all, of the disclosure has now been made and, as expected, almost the entire artifice was designed to protect one man: the thoroughly disgraced Darren Ellis.

PSNI do not escape censure either as they repeatedly, and unlawfully, intervened in the request, apparently on behalf of Durham, attempting to take it over and then refusing disclosure by way of a section 31 exemption. One is entitled to muse over the calibre, and integrity, of employees of that force engaged in their disclosure unit and, of course, the unseen hands directing them from above.

The battle over the Loughinisland disclosure continues, however, as once again, it is clear that not all the materials known to be in existence at Durham have been disclosed. A matter that is, once again, destined for both the ICO and the civil courts.

In the meantime, the public are entitled to seriously question the hundreds of thousand of pounds, and countless officer hours, squandered by Durham Constabulary (and, in two of the cases, NYP and PSNI) to simply conceal materials that will further damage their reputation as “a grubby little police force”. It is a matter so serious that it should warrant a mandatory referral of the conduct of those officers involved, from the past and present chief constables downwards, to the Independent Office for Police Conduct.

The immediate past chief constable, Mike Barton, now faces an uncomfortable few weeks as the real reason for his hasty exit from the top job has been exposed by an insider. A follow-up to this article will be published during w/c 28th September, 2020, wherein those revelations will be expanded upon.

It is not a pretty picture for either Barton or his boss, the late Ron Hogg, whom, it seems, concocted the ‘spend more time in my greenhouse’ story that the local and regional media swallowed whole. Within days a national newspaper had revealed that Barton had taken on a lucrative role with a Canadian IT company (read more here). This, in addition, to continuing to pick up the pieces from his force’s failed enterprise in Northern Ireland. Both a long way from his garden in Blackpool.

Barton received a CBE on the day he required. In all truth, one is entitled to ask how he had the brass neck to accept it.

The police force press offices at Durham and PSNI, the interim Police and Crime Commissioner for Durham have all been approached for a statement.

Page last updated: Thursday 3rd September, 2020 at 1300 hours

Photo Credits:

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

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

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

Hero police officer sues chief constable over racial and religious discrimination

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

 

Court set to hear £5 million civil claim against police

A county court claim filed in October, 2015 by a Bradford doctor, Abdul Rashid, is, finally, set to be heard later this year. The defendant is the chief constable of West Yorkshire Police.

A second trial, to determine quantum, will follow if the claim succeeds in establishing liability against the police. The first trial is listed for hearing in Bradford County Court between 9th and 19th September, 2019.

Since July, 2018, two case management hearings and a pre-trial review have focused mainly on unresolved disclosure issues.

The court has already heard that the claim, for aggravated, exemplary and special damages, including loss of earnings, concerns events that took place over seven years ago.

Shortly after 6.15am on Wednesday 7th March, 2012, eighteen police officers attended at Dr Rashid’s home in a pre-planned operation, threatened to break down the front door, arrested him in front of his wife and three children, then searched the house before taking him to Trafalgar House police station in Bradford, a short time later.

The arresting officer was Detective Constable Mark Lunn, who features centrally in a claim that turns upon the lawfulness of this officer’s actions before, during and after the arrest of Dr Rashid. Expressed succinctly by HHJ Neil Davey QC at the second case management hearing: ‘There is only one issue: Did the arresting officer have reasonable grounds‘.

The court has also heard that the large group of WYP officers, led by DC Lunn, not only searched Dr Rashid’s home, in full view of his neighbours, but also seized computers, other electronic devices, as well as life-saving medication for the use of one of Dr Rashid’s three children, putting that child’s health and safety at risk. The police deny the latter allegation.

DC Lunn was, at the time, involved in an investigation codenamed Operation Thatcham, seeking to disrupt a large scale ‘cash for crash‘ fraud in Huddersfield, where he was based. Lunn was working under the supervision of Sergeant Mark Taylor (now an inspector in Bradford CID) and the operation was led by DCI Griffiths and later, Detective Chief Inspector Paul Jeffrey. Counsel for WYP, Olivia Checa-Dover, has told the court that Sergeant Taylor (as he was then) will give evidence in these proceedings and the police will rely on his account for the necessity of the arrest.

The Ministry of Justice and the Insurance Fraud Bureau were partners assisting the police in the investigation. It followed a similar, three year investigation that had led to conviction of two Huddersfield men at Bradford Crown Court in March, 2011 (read more here). DC Lunn had been ‘officer in the case’ and police spokesperson (unusual for a detective constable) in that investigation. Operation Thatcham began the following month.

The court has heard that a Huddersfield-based insurance claims management company, trading as Advanced Claims UK Ltd, was at the heart of the second investigation. A large number of men were convicted of fraud at Leeds Crown Court in April, 2014. Counsel for Dr Rashid, Ian Pennock, has told the court that disclosures within the course of this civil claim have revealed that the police knew before they arrested Dr Rashid that it was unrealistic to connect him to that company. That assertion is disputed by WYP.

Dr Rashid’s surgery and other premises were also raided on that same March morning in 2012. At the time, he also ran a very successful medico-legal practice, employing four people, in addition to his two general practices at Thornton and Denholme. This involved travelling the country at the request of many different firms of solicitors, providing expert medical reports upon predominantly soft tissue injuries such as ‘whiplash’. The loss of his private medico-legal practice alone is said to have cost Dr Rashid at least several hundred thousands of pounds per year.

Very shortly afterwards DC Lunn told others, including the Bradford Primary Care Trust (PCT) and the General Medical Council (GMC), that Dr Rashid was involved in a conspiracy to defraud insurance companies by assisting fraudulent ‘cash for crash’ claims. Mr Pennock asserts that such an allegation was ‘without foundation, baseless and ludicrous’.

He also told the court that ‘there was no evidence at the time, and there is still no evidence, whatsoever, to even reasonably suggest he has acted dishonestly within such an alleged conspiracy, or otherwise’.

Following his arrest, a large squad of WYP detectives carried out a protracted investigation of Dr Rashid’s private and personal life. Ranging from his early educational life at school, university and, thereafter, his early career as a doctor.

The court has heard that the investigation into the minutiae of Dr. Rashid’s life failed to reveal any criminal offences, or any other wrongdoing, by Dr. Rashid, in relation to any of the medical reports which he compiled, and submitted, on behalf of solicitors acting for insurance claimants. Mr Pennock says that this was an unsurprising conclusion given that it is widely known within the insurance, medical and legal arenas that such ‘expert’ reports are prepared, independently, by doctors, for the benefit of the courts. Not for either the underwriters or injured parties and their legal representatives.

This detailed and seriously intrusive investigation, says Mr Pennock, was motivated by the police’s increasingly urgent need to justify the wrongful arrest and detention of Dr. Rashid. The police deny such a motive and say that there were a number of identified defects in the medical reports, and Dr Rashid appeared to charge solicitors above the ‘going rate’ for the work. Both gave rise to suspicion of other wrongdoing.

At the forthcoming trial, says Mr Pennock, Dr Rashid will rely upon that same police investigation to prove that he is a man of integrity, who fully deserved the respect and standing he had in the Bradford community at large, together with his well deserved reputation amongst other doctors, solicitors, barristers and other fellow professionals, prior to the arrest. The police have told the court that Dr Rashid will be put to proof on those points.

The court has heard that the mere fact that Dr Rashid, along with other doctors, accepted instructions from solicitors of good standing to examine a claimant, and report upon the same, makes him no more involved with any alleged fraudulent claim than any other professional such as a barrister, psychologist, psychiatrist, doctor, occupational therapist,  or other such expert also instructed by those same solicitors. As such it was an insufficient basis for any reasonable grounds, or belief, to justify the arrest and detention of Dr. Rashid says Mr Pennock.

The court also heard that it has not been alleged, or even suggested, during the numerous and prolonged interviews by the police, that he was knowingly involved in any claim that was said to be fraudulent, and upon which he is said to have reported. He played no part in the Thatcham prosecutions, either as defendant or witness

In those interviews, lasting many hours, and cumulatively days, in various police stations in the Bradford, Huddersfield and Wakefield areas, the detectives only concerned themselves with matters such as Dr. Rashid’s qualifications, income, properties and background. Not one specific allegation was put to the doctor by the police. The interview transcripts, says Mr Pennock, summarise the police’s position at that time: “You are guilty of committing crimes and should own up to them, this is your last chance to tell us”. The court has heard that Dr Rashid was released from police bail in June, 2013. A file had been submitted to the Crown Prosecution Service, later reviewed at the police’s request, but no charges were authorised as a result.

The court has heard, on at least two occasions, that the arresting officer, Mark Lunn, appeared to claim he was also the officer in charge of the investigation against Dr Rashid and others. Ms Checa-Dover says that Lunn was not in charge and he, in fact, reported to Sergeant Taylor (as he was at the time). She went on to say that the basis for the arrest of Dr Rashid is set out in some detail in the witness statement of Inspector Taylor (as he is now).

At the time of Dr. Rashid’s arrest, and subsequently, DC Lunn purported to be a director of a company called “Insurance Fraud Consultants Ltd”, an operation which sought work from insurance companies, including a well known name in Sussex, to investigate suspected insurance fraud claims. But no such company existed in official records at Companies House.

Ms Checa-Dover told the court that WYP has not admitted that such an enterprise was in place, or that such records existed on police systems, or that they did exist and were, subsequently, deleted.

Enquiries with Companies House revealed that the purported company did not exist before the arrest of Dr Rashid. But, on the same day that DC Lunn was removed from the Operation Thatcham investigation, a company of that name was incorporated at Companies House.

The company was dissolved in 2014, and this was, Mr Pennock says, shortly before Mark Lunn started work for the IPCC (Independent Police Complaints Commission) in January, 2015. Ms Checa-Dover has told the court that WYP will not be calling Mr Lunn as a witness at the trial and that her client does not know where to locate him, in any event.

She has asserted, on instructions from WYP’s Deputy Force Solicitor, Alison Walker, that his actions were at all times lawful and proportionate. The police also deny that DC Lunn was acting as ‘a malicious, lone decision maker’.

DC Lunn did not have the authority of the chief constable to undertake this additional employment and/or have any involvement with the so-called “Insurance Fraud Consultants Ltd.” The claimant’s lawyers have sought an explanation from the police, or Mark Lunn, to refute the fact that he held himself out as being a director of IFCL, who sought work from insurance companies to investigate suspected insurance fraud claims. The court has heard the claimant’s allegation that Lunn, for his own financial gain, was allegedly acting wrongfully, in purporting to represent a company that did not exist.

The court has heard details of a specific allegation that Lunn prepared a detailed business plan, using police computers, and may have received a payment of £183,000 from an insurance company as a result. Ms Checa-Dover has told the court that searches of WYP files, systems and archives, conducted by Sergeant (now Inspector) Taylor, have not, so far, revealed the information sought by the claimants.

It has also been asserted by Mr Pennock that this unauthorised business association created a serious conflict of interest with DC Lunn’s Oath of Constable, and his obligations as an independent and impartial police officer. Particularly, when coming to assess the involvement of Dr Rashid in examining personal injury claimants, and the decision to arrest him. Mr Pennock told the court that Dr Rashid was a ‘prized scalp’ for Lunn in his attempt to establish credibility for his ‘burgeoning private enterprise’.

After complaints by Dr Rashid’s criminal defence solicitors, DC Lunn was removed, by his superiors, from the investigation into Dr. Rashid. That was in July 2012. Mr Pennock asserts that Lunn was, following those complaints, subject to a professional standards investigation, Operation Waffleedge, and no longer works for the police. He left the force in August, 2013. Ms Ceca-Dover told the court that Lunn resigned of his own volition. He was not forced to, or asked to, resign by the police, or dismissed. Any wrongdoing by the officer is denied. She added that the police admitted he was the subject of a UPP (Unsatisfactory Performance Plan), more of a human resources sanction than a disciplinary process, she explained. The police also say that Operation Waffleedge was not a covert investigation into Lunn.

The court also heard that reference had been made, in earlier disclosures by the police to Dr Rashid, to a written warning given to DC Lunn by WYP regarding misuse of police databases, and an admission that he had used WYP computers during his lunch hour to send correspondence, on his official police email account. This was alleged to be in connection with his own business interests. The police position is that their professional standards department has no record of this written warning.

HHJ Davey asked, during the pre-trial review, if the written warning was part of the materials that Ms Ceca-Dover says the police have ‘weeded out’ as part of their data management obligations. Ms Checa-Dover, after taking instructions, told the judge that would be dealt with in later disclosures and after further internal enquiries had been made by the police.

Mr Pennock also told the court that Lunn has ‘a track record of unlawful arrest allegations’, citing the reference numbers of five complaints. The relevance being, Mr Pennock added, that there was a ‘wrongful motive’ by DC Lunn to arrest Dr Rashid and that this would, in any event, negate any reasonable grounds. Mr Pennock has told the court, on several occasions, that Lunn is presented by the claimant in this case as a “bad apple” and asserts that is why he left, or was asked to leave the police force.

The police force’s Professional Standards Department say DC Lunn did not have any disciplinary findings against him and that Sergeant (now Inspector) Taylor gives an explanation in his statement, as credible evidence, as to why DC Lunn left WYP.

On 7th March 2012, the day of the arrest, Detective Constable Lunn approached and informed Dr Rashid’s ’employers’, Bradford Patient Care Trust (PCT), of the fact that he had arrested Dr Rashid, whom he said ‘was involved in a serious and substantial conspiracy to defraud’. Mr Pennock says that the wording forming that contact is important. DC Lunn did not, he says, describe Dr Rashid as a suspect and, instead, asserted guilt.

As a result of DC Lunn’s approach to the PCT, they wrote to the General Medical Council to initiate complaints against Dr. Rashid, which included his previously unpublicised arrest that day and the reasons for it, as provided by DC Lunn.

At the end of that month, the court heard, Dr Rashid’s contract as a general practitioner with the PCT was terminated and he lost his practice, built up over a number of decades, operating from two surgeries. Mr Pennock asserts that this was all as a direct consequence of the wrongful actions of the police. An allegation they strongly deny.

He went on to say that DC Lunn again circumvented police policies and procedure for deciding if, and when, to make any disclosure to professional bodies and communicated directly with the GMC. Ms Ceca-Dover denied their had been any breach of protocol by her client. Mr Pennock lifted up a bundle of papers, approximately 300mm thick, to demonstrate to the judge the welter of information given to the PCT, and the GMC, by the police. Which, he says, consisted mainly of improper disclosure of selective and prejudicial material. The police assert that all disclosures were made in good faith, lawful, proportionate, in line with force policy and bore on their responsibility to keep the public safe.

On 24thApril 2012 the GMC suspended Dr Rashid from practice for a period of 18 months, as an interim measure pending a final hearing, if any, before the Fitness to Practice Panel of the GMC. The court heard that the final hearing did not take place until October, 2016. Dr Rashid had challenged the interim suspension in the High Court in Leeds in September, 2012 and, as a result, it was quashed.

The police evidence supporting the GMC’s interim suspension was described by the judge, HHJ Mark Gosnell, as ‘sparse’. A point noted by HHJ Davey at the pre-trial review.

Mr Pennock says that even though the suspension was lifted, by this time irreparable damage had been done to Dr Rashid’s personal and professional reputation. Mr Pennock has told the court that Dr Rashid fears that his reputation may never be restored.

The GMC Panel found that Dr. Rashid’s fitness to practice was not impaired, because he was not culpable of any of the misconduct previously alleged by the police. Mr Pennock says that the allegation he was actually involved in a large scale conspiracy to defraud, involving false personal injury claims, rather than merely being a suspect, is particularly damaging.

It was, he says, also demeaning and offensive to a respected and well established medical doctor working within that particular sector of personal injury claims.

The court has also heard of an Application, made in the same Bradford County Court, for third party disclosure from WYP to identify the complainants (if any) and reasons for his arrest. This court action, instigated in August 2012, was compromised by the parties, ahead of a scheduled hearing, after West Yorkshire Police confirmed, in writing; “…not one specific allegation has been made against him by any individual outside, or within, the West Yorkshire Police”.

At the pre-trial review, there was a lengthy examination, by HHJ Davey, of the progress of disclosure requests made by the claimant, and the responses so far made by the police. The court heard that despite the protracted investigation into Dr Rashid’s private and professional life the police have only been able to conclude that, out of thousands of professional medical reports compiled by Dr. Rashid, only nine were not entirely accurate, or that his examination of them was not entirely proficient.

Mr Pennock asserts that this conclusion is drawn by the police despite those, as yet, ‘anonymous insurance claimants’ having read and approved Dr. Rashid’s report, and signing confirmation that it was accurate, and that they wished to rely on that same report in support of their claim for damages.

He further contends that the police sought to frustrate Dr. Rashid’s ability to practice as a doctor by disclosing only limited, and highly selective, details of those alleged nine complainants to the GMC as a basis for suspending, or terminating, Dr Rashid’s licence to practice. The police do not rely on evidence from any of those nine as part of their defence in this wrongful arrest claim. Their identities are known to the police.

Mr Pennock complained to the court that the police had ‘drip-fed’ disclosure to his client and previous searches for relevant materials by WYP had been ‘inadequate’. This amounted to Dr Rashid, and his lawyers, being given ‘the runaround’ by the police, he says. ‘The object of the exercise is to establish what the arresting officer knew, why was Dr Rashid arrested, and a definition of the offence over which he was arrested, beyond being told at interviews he was being detained over a cash for crash conspiracy’. The police have refused to inform the claimant whether any other doctor was arrested in connection with Operation Thatcham.

One of the main, and repeated, complaints by Mr Pennock was that the police appeared to have weeded out materials relating to the ‘cash for crash’ investigations and prosecution, when that criminal case concluded only the year before the claim form in this case was filed at court and served on West Yorkshire Police. He maintains that, in such instances, and as required by the Criminal Investigation and Procedures Act, all documents should be retained for six years after conclusion of the Advanced Claims UK Ltd trial. Ms Ceca-Dover told the court, on behalf of WYP, that all documents would have been destroyed at the end of the statutory period. Further, she said that her clients did not consider that such materials were relevant to the issues in this case (the civil claim).

HHJ Davey told the court that the submissions for the pre-trial review amounted to 621 pages – and that he had read all of them by way of preparation for this hearing. He retires in June, 2019 and will not be available to preside over the trial of a case he describes as “interesting”. It is uncontroversial to note that Neil Davey QC’s steady hand, wise words and pleasing court manner, will be missed on the circuit bench in Bradford.

Proceedings continue. A further pre-trial review is expected to be listed for hearing in July or August, 2019.

 

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

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

Photo credit: Telegraph & Argus

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

Convicted York paedophile extradited to face further charges

Former York resident, Peter Hofschröer, who was convicted of child sex abuse offences last year, has been extradited to Austria after lengthy legal proceedings which concluded last month.

A jury at Teesside Crown Court found him guilty of 16 counts relating to the downloading over 36,000 images and videos.

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Peter Hofschröer, now in the hands of the Austian authorities awaiting trial.

Judge Tony Briggs QC, in his sentencing remarks, described Hofschröer’s defence, in which he tried to blame many others including his own family, a fellow military historian and the police for the illegal images, as “quite outrageous”. He was jailed for 30 months and placed on the sex offenders register for life.

It was, originally, understood that Hofschröer left the Highgate, North London address, to which he had been bailed, on July 6th, 2017, a short time before he was due to attend Kentish Town police station and went AWOL. He had been summoned to appear there as part of arrangements to transfer him to Austria later that day .

The owner of the property, Belinda McKenzie, a child abuse campaigner, has since deleted her Facebook post relating to the ‘disappearance’ and has subsequently posted that her house guest did, in fact, surrender to the authorities on the 6th July. That was, apparently, in response to a report of a 5 year old girl being assaulted within 200 yards of her home on 9th July, 2017.

Hofschröer failed last month, at the Royal Courts of Justice in London, to either stay, or overturn, an extradition Order over allegations relating to a raft of further sex abuse offences, slander, threatening a judge and firearm possession. Judgment was given against him at Westminster Magistrates Court in November, 2016 following proceedings brought by the Office of the State Attorney of Austria (the Staatsanwaltschaft).

A former associate of Hofschröer has claimed that the alleged firearm offences may concern a de-commissioned AK47 assault rifle and several Napoleonic muskets.

Another close associate of Hofschröer’s, Andy Peacher, posted on social media that none of his other friends were aware of his whereabouts – and neither were the Metropolitan Police. Nor the solicitors instructed in the matter of his extradition. But, as with Ms McKenzie, it is difficult to separate fact from fiction in this vexed case. She is, also, currently subject to attention from the Metropolitan Police having been the subject of a warrant that enabled the force to sieze her computer.

Other Hofschröer ‘campaigners’, including Norman Scarth, exiled in Ireland to frustrate arrest warrants in force against him, claim he is not a paedophile at all – and that downloading indecent images does not count as child sex abuse. He ended a series of tirades over this article with “You expose yourself as a lying Quisling – and ignorant with it“.

Hofschröer was wearing an electronic tag on his ankle when he allegedly absconded. An alarm would have sounded at a monitoring station once his absence exceeded the terms of his licence. He had, previously, been recalled to HMP Preston in February, 2017 following a licence breach of the sentence received at Teesside Crown Court.

Despite a ban on use of social media (and email), as part of his bail conditions (and a civil injunction), Hofschröer made a posting on Facebook the night before he disappeared. Within that posting he claimed that police were among the suspects who may have hacked his ‘Justice for Grandma B’ website.

His Twitter account is still active but there have been no tweets since January, 2017. His Facebook campaigning page has been removed from the public area of the website.

No statement was been issued by North Yorkshire Police, despite Hofschröer’s strong connections to York: His 89 year old mother, Barbara (widely known as Grandma B) is in Haxby Hall care home, he was formerly a resident in Rosedale Avenue, Acomb – and other members of his family, against whom he bears considerable ill-will, still live in the city.

The Grandma B case was one that occupied North Yorkshire Police for a number of years: Hofschröer’s fight for justice for his mother was bitterly fought, both amongst his own family, the local council and the police. It is reported to have cost taxpayers well over £1 million and centred on a dispute over who owned the property occupied latterly by Barbara.

Two police operations were ultimately mounted against Peter Hofschröer: Operation Rome, a criminal investigation that was a notable failure to criminalise him over harassment allegations and Hyson, a civil claim in which Hofschröer elected to take no part, claiming his Article 6 convention rights were engaged. There was also a dramatic moment in court (I was present on the press bench) when he asked, via the prison to court video link, for the presiding judge to be arrested. HHJ Mark Gosnell successfully resisted the challenge to his liberty.

There was no report of Hofschröer’s alleged disappearance in the local, regional or national press. The extradition and appeal proceedings also went unreported.

Replies to press enquiries made of the Metropolitan Police and the Bundespolizei in Austria are still awaited.

UPDATE:

Via his campaigning associate, Andy Peacher, a lengthy diatriabe was received from Peter Hofschröer on 25th July, 2018. Over a year after this article was first published. It purports to be a right of reply. He informs that he is currently held on an indeterminate sentence at Sigmund-Freud-Klinikum in Graz, Austria. This is a secure, psychiatric unit.

This is a precis of what Mr Hofschröer claims are ‘errors’ in the article:

  1. He is not a convicted paedophile. Teesside Crown Court is not a court of law in his view.
  2. The Austrian court in which he was convicted was also improperly constituted.
  3. His Article 6 convention rights were breached at both courts.
  4. There were serious police and/or prosecutorial defects in both courts.
  5. One psychologist has ‘demolished’ the report of another, who found that he suffered various mental illnesses and was a paedophile.
  6. Mr Hofschröer asserts, that according to this one professional opinion, he is perfectly sane and is not a paedophile.
  7. It is claimed that the eye-witness account by one of his own supporters, present for the hearing at the Royal Courts of Justice, is wrong. According to Mr Hofschröer there were no firearm offences, further sex abuse offences, and slander charges mentioned by the judge in that court.
  8. There was no valid reason to extradite Mr Hofschröer to Austria and sentence him to lifetime detention.
  9. The recall to HMP Preston was contrived.
  10. Mr Hofschröer’s ‘many supporters and various Human Rights organisations’ have, thus far, prevented ‘liquid cosh’ being administered to him.
  11. It is denied that Mr Hofschröer bears considerable ill-will towards certain of his family members.
  12. Mr Hofschröer asserts that there were over twenty separate ‘false’ allegations made against him. All were investigated by North Yorkshire Police and with the exception of one, all were ‘dropped due to lack of evidence’. He has, so far, declined the request to provide a schedule of those allegations.
  13. Mr Hofschröer asserts that he did not tell HHJ Gosnell that his Article 6 convention rights were engaged in the Operation Hyson proceedings and absented himself entirely from proceedings immediately thereafter (I was sat in the press seats immediately opposite the video screen upon which he appeared from HMP Hull).
  14. There are a series of other derogatory remarks made that thread through Mr Hofschröer’s document. It serves no useful purpose to engage the reader with those.

There will be no further engagement with Mr Hofschröer concerning his right of reply. With the notable exception of the list of allegations that has been requested.

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Page last updated at 1835hrs on Tuesday 4th September, 2017

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 2015-2017. Unauthorised use or reproduction of the material contained in this article, without permission from the author, is strictly prohibited. Extracts from and links to the article (or blog) may be used, provided that credit is given to Neil Wilby, with appropriate and specific direction to the original content.

The Day of Reckoning

The civil harassment claim originally known as Hofschröer and others -v- Hofschröer and others finally reached its conclusion on 26th July, 2016.

Launched and funded by North Yorkshire Police in January 2015, under the codename Operation Hyson, it originally featured nine claimants and three defendants. One of the defendants, Peter Hofschröer, had judgment entered against him in November, 2015 and another, Timothy Hicks, reached a compromised settlement last month.

The last two remaining protagonists were former police authority Chair, Jane Kenyon-Miller, and well known citizen journalist, Nigel Ward. Mrs Kenyon-Miller who was represented by Simon Myerson QC and junior barrister, Hannah Lynch, sought a declaration from the court that Mr Ward, represented by well known London-based human rights barrister Ian Brownhill, had harassed her – and relief by way of a wide-ranging injunction which will include the removal of articles written about her from two internet news websites to which Mr Ward has contributed.

The trial was heard before HHJ Mark Gosnell, who is the senior civil court judge for both the Leeds and Bradford court centres. It was listed for two full days in Leeds County Court, although there was always doubt as to whether it would go the full distance. There were just three witnesses due to give evidence: Mrs Kenyon-Miller, Mr Ward and NYP Force Solicitor, Jane Wintermeyer.

Mr Myerson in his opening address appeared to confirm the likelihood of an early finish, as he set out a trial timetable. Mrs Wintermeyer was not mentioned in the schedule to appear in the witness box.

HHJ Gosnell responded by saying that he maintained the view underscored at a recent application hearing that this matter really ought to have been settled by amicable resolution and he questioned why a two day trial, to resolve what he described as relatively narrow issues, was actually necessary. His Honour referred, particularly, to arguments advanced by Mr Brownhill in his skeleton which posited the question: if the issue over injunction failed then the remaining harassment claim was entirely disproportionate.

Against this background, Mr Myerson rather surprisingly told the court that ‘the reality is that resolution (from his client’s point of view) is not possible‘.

He was interrupted by the judge who told the court he was quite frustrated by this situation and enquired as to the sticking point between the parties, such that they might be discussed in open court without prejudicing the trial if, in fact, it proceeded. With a smile, he said ‘I’m an experienced judge, with many years on the bench, and in the old days I would have invited counsel into my chambers and banged heads together‘. He did, however, stress the need for transparency in a trial in which so many were interested in its outcome.

Mr Myerson and Mr Brownhill then both agreed that legal privilege could be waived and that it would not, later, affect HHJ Gosnell’s ability to try the matter if negotiations to settle the claim failed.

The judge then asked the question, more generally: ‘Why are we all here?’

He mused that the alleged harassment matters took seed some years ago and he was persuaded that the two factions started off with good intentions. But his overriding view was that a settlement should be possible and that any costs issues shouldn’t stand in the way of that.

Both counsel then accepted the judge’s invitation to ‘spend half an hour kicking ideas around‘ in his chambers. He felt that a little ‘judicial encouragement‘ might be prescriptive in all the circumstances of the case. Court was, accordingly, adjourned at 10.50am.

Following a 66 minute adjournment the court resumed sitting at 11.56am. A draft consent order has been agreed between the parties. Mr Myerson’s tightly drawn assertion that ‘resolution is not possible’ had taken just over an hour to unravel.

The terms, essentially, are that certain articles will be taken down from the North Yorkshire Enquirer website, the Real Whitby website will be approached to take down some others, although there is no guarantee that the Editor of the latter website will agree – and Mr Ward will not write further about Mrs Kenyon-Miller for a period of two years, or unless she returns to public life.

Mr Myerson stated that it was accepted on all sides that Mrs Kenyon-Miller was an Alderman and such status would not affect the undertaking but, oddly, excluded mention of other roles that suggest that she has not, in fact, left public life at all.

For example, it is well known that she is still a leading light in the organisation of Whitby Regatta (see here), an event that has dominated the social and tourist calendar in the seaside town for over a century; a Governor at Caedmon College in Whitby (see here) and a Director of the Whitby Fishing Industry Training School (see here). She is also still the ‘go-to’ spokesperson for the local press on policing matters as this Scarborough News article bears testimony (read here).

Interestingly, the above article in which she is quoted extensively, was published nine months after Mrs Kenyon-Miller issued proceedings against Mr Ward.

There is, most probably, an innocent explanation as to these omissions as Mr Myerson (or his client) would, surely, not wish to deliberately mislead the court?

Mr Ward’s costs in defending the claim are to be paid by Mrs Kenyon-Miller (or, more accurately, North Yorkshire Police), either on an agreed basis between the parties or, failing that, HHJ Gosnell will list a short hearing at which the issue of quantum will be determined by him.

HHJ Gosnell commended both parties for coming to an amicable solution without the matter being tried and the undoubted ordeal of the two witnesses giving witness box evidence.

The hearing closed shortly after 12 noon with some gratuitous remarks from Mr Myerson, directed at the press bench, and concerning the number of lawyers (or aspiring lawyers) appearing for Mrs Kenyon-Miller. Including himself, there appeared to be seven in the courtroom. Mr Myerson claimed they were not all being paid to be there.

Interestingly, no costs schedule for the claimant had been filed with the court, or served on Mr Ward, as is customary practice. This, at least for the time being, concealed the value of public funds allocated to Mrs Kenyon-Miller.

The matter of what has actually been spent on this almost entirely fruitless pursuit of Mr Ward will be subject to further enquiries of both North Yorkshire Police and its Police Commissioner.

 

Page last updated: Wednesday 27th July, 2016 at 1555hrs

© 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.

Court set to decide between watchdog and journalist in long running ‘truth’ dispute

Another lengthy legal battle between the police watchdog and an investigative journalist is set for a public airing on Friday 8th July, 2016.

A hearing in Leeds County Court, before His Honour Judge Mark Gosnell, will decide a number of issues dividing three employees of the Independent Police Complaints Commission (IPCC) and Neil Wilby.

The two caseworkers and a senior manager employed by the IPCC cannot, presently, be named for legal reasons.

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In May 2014, the IPCC gave open-chequebook funding to their three lay claimants in order to launch legal action grounded in claims of harassment over articles that had been written about them. One of the original claimants, caseworker Mohammed Ejaz, dropped out of the case unexpectedly, and was substituted a few days before the first court hearing, with another IPCC employee taking his place.

After the IPCC had spent well over £100,000 of public money, the case against Mr Wilby was settled in his favour on the day the trial should have commenced in December, 2014. A consent order was agreed between the parties and, subsequently, sealed by the court.

The matters to be heard by HHJ Gosnell on 8th July concern, firstly, the terms of the Consent Order. Each side alleges the other has broken them. Secondly, the judge has to decide whether consent to include the names of the IPCC employees, in four articles Mr Wilby has written, can be given.

One of the terms of the Order was that Mr Wilby has to approach the IPCC for consent to name any of the three lay claimants in his articles, such consent not to be unreasonably withheld.

In the case of three other articles the IPCC, at first, unreasonably, withheld permission then capitulated on either threat, or filing, of legal action. It is the four remaining articles, where permission to name has been withheld, that are still in issue.

The IPCC’s lay claimants are also seeking an order to have the most contentious of the remaining articles, Liar, Liar. Pants on Fire taken down from Mr Wilby’s website. They have not sought any interlocutory relief, despite the article being published in January, 2016.

The Liar, liar article is fiercely critical of other senior figures within the IPCC, notably Chief Executive, Lesley Longstone, and a number of lawyers who have acted for them in this claim. None of whom have made application, or complaint, about the piece.

Counsel for Mr Wilby is well known human rights barrister, Ian Brownhill. Representations will also be made by Mr Brownhill challenging the legality of the use of public funds by the IPCC’s lay claimants in a hearing of this nature.

There are also now two other articles, published since proceedings were issued by Mr Wilby, upon which Mr Brownhill will ground further arguments over consent being unreasonably withheld. They include this one, for which no response at all was provided by the IPCC to a request seeking consent to name their employees.

Sara Mansoori (who appeared for the applicant in the recent PJS celebrity threesome case) will represent the IPCC’s three lay claimants. She is instructed by disgraced Leeds solicitors, Cohen Cramer.

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The case is likely to attract a good deal of press attention following the IPCC’s recent capitulation in a harassment case concerning multiple award-winning Croydon Advertiser journalist, Gareth Davies.

The IPCC press office were approached for reaction to this article. Their response was provided anonymously: “Thank you for giving us the opportunity to comment, however we will not be supplying one. Your email has been forwarded to the appropriate teams within the organisation“.

Those wishing to attend court for the hearing on 8th July may find this HMCTS Court Finder link useful:

https://courttribunalfinder.service.gov.uk/courts/leeds-combined-court-centre

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Page last updated Wednesday 30th June, 2016 at 1655hrs

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

Photo credits: HMCTS

Cost of silencing police force critics now approaches £1 million

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Liar, Liar. Pants on fire.

The Independent Police Complaints Commission, or IPCC for short, is an organisation that has been extensively, and justifiably, criticised since it replaced the thoroughly discredited Police Complaints Authority in 2004.

In February 2008, over a hundred lawyers who specialise in handling police complaints resigned from its advisory body, citing various criticisms of the IPCC including a pattern of favouritism towards the police, indifference, rudeness towards complainants, and complaints and appeals being rejected in spite of apparently powerful evidence in their support.

In 2011, a falsely grounded press statement, authorised by Commissioner Rachel Cerfontyne (pictured below), concerning the shooting of Mark Duggan by armed police officers on a Tottenham street, was considered by some to have contributed to the confrontations with the police that ultimately led to what are now known as the London Riots. Looting and burning on an unprecendented scale also spread to other major cities in the UK soon afterwards. The IPCC publicly apologised for ‘misleading journalists’ six days after the violence erupted (read BBC report here).

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On television, in national newspapers and in Parliamentary committees the conclusion today is still much the same: Slow, inadequate, poor decision-making and apparent bias. In 2013 the Home Affairs Select Committee said the IPCC was ‘not fit for purpose’ as the so-called police watchdog.

There are many other people, particularly justice campaigners all around the country, who have a negative view of the IPCC and its workforce.

Now I can exclusively reveal that there are other serious, and deep seated, problems within the IPCC which include alleged misuse of official funds. running into six figures.

From September 2014, until the matter was settled in December 2015, I was the subject of a High Court action, brought and funded by the IPCC, in which it was alleged that I harassed three of its employees.

The IPCC alleged that articles written and published by me on the uPSD police whistleblowers website – and messages broadcasted on the Twitter social media website referring to those articles – had caused their employees ‘distress and alarm’.

The legal proceedings against me were issued, on behalf of the IPCC, by a Leeds firm of solicitors, Cohen Cramer. An odd choice for a Home Office funded Commission, given a Solicitors Regulation Authority finding which condemned both the law firm and one of its senior partners, Mr Michael McDonnell, for unlawfully conducting litigation (read more here). The choice of lawyer within that firm to act for the IPCC was even more bizarre: Miss Emily Slater whom, it seems, had also been publicly pilloried by a Master at the Royal Courts of Justice for the manner in which she had conducted libel litigation. She acted for the claimant, who lost the case and had costs awarded against him (read more here).

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Apart from Master Eastman’s criticisms, Miss Slater (pictured above) had attracted some shocking national newspaper headlines of her own (click here) which cannot have escaped the attention of either the IPCC, or their lay claimants. Simple enquiries about the capabilities in, and likely conduct of, a harassment claim by Miss Slater could also have been easily gleaned in the public domain. Such as this stinging criticism from HHJ Robert Owen QC in another case that Cohen Cramer ‘lost’ (read the approved judgment extract here). Another losing legal case for Miss Slater, and her firm, was a libel action against the Metropolitan Police in which two high court judges separately found the claim to be grounded more in hope than substance (read the full judgment here).

By way of balance, I have tried to identify cases in which Miss Slater may have enjoyed even partial success but, so far, I have found no such trace.

From the outset, the IPCC’s legal action against me attracted attention in the press, and amongst the legal profession, mainly as a result of some quite startling allegations made by the three claimants. One of whom, C1, appeared as a very late substitute only five days before the interim hearing, with their name scribbled over that of another IPCC caseworker, Mr Mohammed Ejaz, who abandoned his own claim without any explanation. No pre-action protocol was followed by Cohen Cramer, and the IPCC, in respect of the appearance of the new claimant in the claim, which set the tone for a number of later breaches of Civil Procedure Rules (CPR).

Given that I had only ever written positively about Mr Ejaz, it appears to be a reasonable deduction that his claim was withdrawn because it was completely without merit. He refused an opportunity to explain his abrupt departure from the case when approached by me, in writing, to provide a witness statement.

There was evidence  which attempted to link me with improvised explosive devices and threats to kill made by a member of the public of whom I had never even heard, let alone interacted with. These unevidenced assertions were later withdrawn, once I had made contact with the alleged ‘bomber’ and taken an evidential witness statement from him. Suffice to say, such a device never existed.

The findings of HHJ Richard Parkes at the interim hearing did not make good reading for me, my family, friends and fellow justice campaigning supporters and the Huddersfield Examiner made a meal of it the following day by publishing a salacious, gratuitously damaging article to which I have never been offered a right of reply.

The sharp-eyed would also have noted, that I did not appear and was not legally represented at the interim hearing. This was because I had only been given 15 hours notice that the hearing was going ahead at the Royal Courts of Justice in London (180 miles from my home), two days after I believed I had come to a reasonable, provisional settlement with the IPCC. It had all the appearances of a legal ambush, seemingly orchestrated by Miss Slater and, presumably, given the green light by her IPCC paymasters.

I was, however, able to attend the judgment hearing at the same court two weeks later at which it was pronounced that an interim injunction had been ordered against me. The effect of which, I was to take down the articles about which the IPCC had complained and also remove the tweets that referred to their three employees. Before the judge handed down his findings, I was approached by counsel for the IPCC, Matthew Richardson (pictured below) outside Court 14, the historic and highly ornate Lord Chancellor’s Court. Matt is an affable chap, perhaps better known as the former General Secretary of the UK Independence Party (UKIP), and his opening remarks to me were surprising to say the least: ‘We need to make this go away‘. My response was similarly plain. I was prepared to have any articles in dispute put to the IPCC press office (or legal team) for comment, or objection, and amend them if they could show any of the facts underpinning the articles had no foundation. A stance I maintained, on a point of principle, until the matter was settled fifteen months later.

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In the meantime, senior management of the IPCC allocated around £125,000 of public funds in their attempt to bring proceedings against me and, of course, Mr Hofschröer. A man I have never spoken to, but with whom I had a small amount of correspondence some years ago when I first became aware of what is now the well known ‘Grandma B’ scandal involving his mother, Mrs Barbara Hofschröer.

In Mr Hofschröer’s harassment case, brought against him by the IPCC , Cohen Cramer finally brought matters to a conclusion in February 2016 against a defendant who had no access to either his electronic or paper records since his arrest and detention – and had declined to take part in the proceedings since June 2015. The eventual finding against Mr Hofschröer followed a ‘failed’ summary judgment application, heard before HHJ Mark Gosnell at Leeds County Court in November last year. I was in court to hear this particular application in my capacity as a reporter. It was, by any measure, a comical exhibition of legal incompetence on the part of the troubled Leeds law firm: Trying to convince a circuit judge that sending notice of an Application to an inmate of HMP Hull, by first class post three days before the hearing was, in legal parlance, ‘good service’ never had a realistic hope of succeeding despite the valiant, and persistent efforts, of counsel. The argument advanced that the overriding objective of the litigation (CPR1.1) would be best served by circumventing notice of proceedings on the defendant was novel, to say the least

Having been referred to in generally unflattering terms in that same summary judgment application made by the IPCC against Mr Hofschröer, two other journalists, Timothy Hicks and Nigel Ward, along with myself, submitted witness statements and exhibits which directly challenge some evidence in that claim.

Following my appearance before HHJ Parkes at the Royal Courts of Justice there followed a stream of correspondence from Miss Slater, which became ever more bizarre as her IPCC lay clients sought removal of every reference to them ever written and published on the internet. However innocuous and whether, or not, I was author or publisher. This included tweets broadcasted by national newpaper journalists and justice campaigners. Such as this one from Sunday Times reporter, Tom Harper:

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Or the many that had been tweeted by nationally known justice campaigner, Michael Doherty, a relentess critic of the IPCC. Indeed, it was submitted by my defence team, in evidence, that Mr Doherty had more recorded interactions with the IPCC – many of them in adverse terms – than myself, yet the IPCC had pursued me through the courts, and not him. Indeed, Mr Doherty’s principal criticisms of the IPCC: covering up child abuse and being the IPCC’s ‘hatchet woman’ are still there on the internet for all to see today. As are those of a number of other IPCC critics in a similar vein. Perhaps, I was perceived as the softer target given my precarious health. Or, Mr Doherty’s much greater public persona deterred them?

Even in full knowledge of those health issues, Cohen Cramer’s Miss Slater conducted an intimidatory, oppressive stance throughout – presumably on instructions from the IPCC – and even threatened to have me arrested and detained by the police for not removing the tweets highlighted above, and a number of other tweets and articles in a similar vein over which I had no control, whatsoever. Miss Slater also lied in correspondence between us in an attempt to withhold the source of the claimants’ funding. Incredibly, she denied that the IPCC was, in fact, footing the bill on behalf of their employees, despite the fact that her retained counsel, Mr Richardson, had openly confirmed to me before a witness, at the Royal Courts of Justice, that the police watchdog was financing the claim.

This was a low point for me. Having been rushed to hospital three times under blue lights in the preceding six months and, awaiting remedial surgery, I was not in good health. Furthermore, I did not have the financial resources to engage lawyers in an action in which the IPCC appeared to have given their three employees a blank cheque, in order to prevent me writing about them. I was defending myself as a litigant in person and it was, quite obviously, not a level playing field and the IPCC were kicking me all over the park.

But the rules of the game – over which the IPCC and Cohen Cramer thought they had complete control – were set to change dramatically. Galvanised by the unflinching support I received from those closest to me – and from others around the country – the task of unravelling the case constructed by the IPCC’s chosen ones began. In January 2015, I served my witness and defence statements on the IPCC, and their lay claimants, and also witness statements from seven other journalists and campaigners who had all been involved in close, and very unsatisfactory, dealings with the ineffective police watchdog. These included Mr Doherty, and other high profile figures such as Janet Alder and Bernadette Major.

It certainly appeared to be the tipping point for Emily Slater: She and Cohen Cramer parted company and, according to information given to me, she had moved abroad to Vienna. Miss Slater no longer shows up on a search of the Law Society’s solicitor database (see screenshot below) and, until she removed her LinkedIn profile a few months ago, was seemingly unemployed.  Another high profile victim of Miss Slater’s unethical approach to her professional calling, Lincolnshire businessman Mr Stuart Brown, reported on his weblog that she had been dismissed by Cohen Cramer at the end of January 2015 (read more here), a claim the law firm denies.

Mr Brown, in a remarkable turnaround, has recently served harassment proceedings on Cohen Cramer which centre on the behaviour of Emily Slater during litigation which was, in the words of HHJ Owen “an oppressive use of the legal procedure” and “conducted with unnecessary aggression”. A case in which I will be providing witness evidence on his behalf.

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At a case management hearing before Mr Justice Warby at the Royal Courts of Justice in March 2015, the IPCC, their lay claimants and their lawyers did not fare well. By this time, Miss Slater had been replaced by a Cohen Cramer partner, Mr David Hall. Their first-choice barrister, Matt Richardson, had also been replaced by Mr Guy Vassall-Adams, who appeared uncomfortable throughout the hearing about the case he was being asked to present. Through the generosity of my family I was able to engage lawyers to represent me on the day. My counsel, Mr Ian Brownhill, persuaded the judge to transfer the case to Leeds High Court – against the strong protest of the IPCC’s lawyers – which was much more local for myself, all three claimants, most of the other witnesses and Cohen Cramer. The only reason the IPCC wanted to have the matter heard in London was to cripple me financially and put off most of my witnesses from attending a final hearing at the Royal Courts of Justice on the grounds of time and cost.

During this hearing Mr Vassall-Adams’ complained to the judge that I had harassed the IPCC’s employees that very morning by tweeting this on the social media website:

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This is a graphic illustration of not only legal bad faith, but the petulance and poor judgment with which I have been confronted in all my dealings with Cohen Cramer and the IPCC, both throughout their conduct of the case – and since. As a highly regarded media and information lawyer, regularly heard on The Strand defending the freedom of speech of large newspapers groups, Mr Vassall-Adams should have cause to reflect upon making a submission, albeit on instructions, to the effect that me saying to a friend “Thanks, Michael. En route to RCJ. Will call you later” constitutes harassment.

In any event, Mr Vassall-Adams subsequently returned the brief to the IPCC’s lawyers and was replaced by the third barrister to be acting in this increasingly vexed action, Mrs Sara Mansoori, who hails from the same Matrix International chambers.

At the case management hearing the judge gave Directions that, effectively, required the IPCC to start their claim again and that all their costs, up to and including the case management hearing could not be recovered by the IPCC, even if the claim ultimately succeeded against me. My lawyers calculated that ‘penalty’ to be at least £25,000 of public money wasted on protecting Crown servants, sanctioned at the very top of the IPCC by their Chief Executive, Lesley Longstone (pictured below).

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Following partial release of information by the IPCC that I requested under the Freedom of Information Act at the conclusion of the case (click here), it is now apparent that the amount of money lost by the end of the March hearing was nearer to £50,000 than my lawyers’ estimate of £25,000. On the face of those figures, it would appear that Ms Longstone, and her senior IPCC cohorts, were already in deeper financial water than either my legal team, or I, realised at the time.

After the case management hearing, new particulars of claim were duly issued by the IPCC’s lawyers, but were met with a robust defence drafted by my own counsel. The allegations of harassment against me were systematically rebutted and the claim reduced to what, in my solicitor’s view, was nothing more than ‘a storm in a teacup’. The libel allegations that were an earlier feature of the IPCC’s pleadings – and also referenced in a letter openly published on the internet (click here) by their now departed Chief Operating Officer, Nick Hawkins (pictured below) – had now inexplicably disappeared. Some might infer from such a change of direction that the IPCC were avoiding a legal fight grounded in whether, or not, the articles published about their three lay claimants were true. It is assumed that Mr Hawkins, given both his working proximity to Ms Longstone and also the tone and content of the letter in his name, would have also been supporting the IPCC’s action against me and the funding of it. He left the IPCC, in September 2015, after just one year’s service.

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At about the same time Cohen Cramer also confirmed, in writing, that the IPCC’s lay claimants were no longer relying on their first or second statements. Which was not at all unexpected, given the way they had been torn apart by the defence evidence. But my legal team and I waited, and waited, and waited, for the third statements to be filed at court and served on me. Eventually, the statements of two of the three claimants were emailed to my lawyers less than two weeks before the trial was listed to be heard (7th December 2015) and more than six months after they were directed to do so by Mr Justice Warby. The third claimant did not file a revised statement at any time.

As a result of this late service of evidence, Cohen Cramer were forced to go cap in hand to the court in Leeds and ask the judge, at the pre-trial review, to make a retrospective Order to allow the statements of their clients into the claim.

It should surprise no-one that, of the many slurs in their various witness statements against not only me, but also against some of those for whom I act as complaint advocate and others with whom I have had only passing acquaintance, not one single document was adduced by any of the three lay claimants to support the IPCC’s allegations. Anyone who could be linked with me, however tenuously, was fair game for the smear campaign being funded by the IPCC.

There were also a number of incredible claims about the impact of the alleged harassment, but not one shred of medical evidence to support it.

Similarly, for anyone who has had dealings of any length with the IPCC, there was the familiar ducking and diving over disclosure. They breached their obligations under Part 32 of the CPR Rules, and there was an unresolved Part 18 Request still pending at the time the matter reached a settlement. I simply asked for the materials that supported the fanciful  assertions made by the claimants. I was entitled to see these, but they were not produced. Or, confirmation given to me that such documentary evidence did not actually exist, so that my lawyers could apply for the claim could be struck out. Any experienced litigator (or judge) knows that contemporaneous documents are the first port of call when assessing witness credibilty. The obvious conclusion to draw from that is Cohen Cramer and the IPCC’s lay claimants simply did not want to go there and have theirs tested.

The two teams of lawyers, respectively acting for the IPCC, and myself, eventually agreed on terms for settlement on the day the trial should have started, after a torturous few days of negotiation. I was determined to go to trial and have the matters raised in evidence fully ventilated in open court. It was like a bad smell hanging over me.

The prospect of having the IPCC’s lay claimants on the witness stand and subjected to cross examination by a formidable human rights barrister, not only having the organisation’s honesty and integrity questioned in public hearing, but also the reputation of the whole organisation they worked for coming under severe scrutiny was one that held significant attraction for me – and to the other witnesses who were prepared to travel far and wide to give evidence on my behalf.

The final settlement of the claim was in terms very favourable to me. The interim injunction was removed; there was no admission (or finding) of harassment and I gave an undertaking to the court and to the claimants; and the right to continue to publish articles about the IPCC and its employees was preserved. In respect of any articles that name the IPCC’s three lay claimants, I am required to give them sight of the articles first and invite each of those named to give their consent. Such consent to be not unreasonably withheld, if the articles are true and the evidence behind the articles stands up to legal scrutiny.

There was another part of the settlement that the IPCC were absolutely insistent did not reach the public domain, so I am unable to disclose that particular point at the present time. But I can say the ‘secret’ agreement was also very much to my advantage, without breaching the confidentiality clause. It is also noteworthy that enforcement proceedings had to be threatened against the IPCC, by my lawyers, before they complied with that particular term of the agreement.

On any independent view, the IPCC strategy to oppress and stifle my right to report on corrupt practices, using huge amounts of public funds, has failed. It is a situation that I will continue to address by whatever legal means are available, if the IPCC continue to shield dishonest employees and allow them to prosper from their misdemeanours: Those options include laying an information concerning a private prosecution at Wakefield Magistrates Court – a mere 100 yards from the IPCC’s own offices – if such a step becomes necessary

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The grim exterior of Wakefield Magistrates Court -a short walk from the IPCC’s office

Mr Hall of Cohen Cramer and both the IPCC’s press office and their Chief Executive, Lesley Longstone, were all approached for comment on this article prior to publication. The IPCC press office said they would not be commenting. Ms Longstone did not acknowledge or respond to my email. A remark that also applies to Cohen Cramer’s Mr Hall.

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Page last updated Saturday 16th April, 2016 at 1035hrs

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

Photo credits: IPCC, Private Eye, Law Society