‘Calm down’ whilst my detective colleague assaults you

David Rogerson is an unpleasant, foul-mouthed bully, a view readily formed by most people viewing films of his interaction with Huddersfield businessman, Stephen Bradbury, outside of West Yorkshire Police’s prestigious divisional HQ at Havertop, near Featherstone.

It is also the view of at least two WYP colleagues who worked with him at Havertop and, having now retired, are relieved to be no longer in his orbit. But not, it must be said, Rogerson’s own Professional Standards Department, within WYP, or his staff association, the Police Federation. Or, indeed, the recently retired chief constable, Dee Collins. The latter, incredibly, signed off a promotion for Rogerson in the face of his odious conduct that could, and some argue should, have led to a criminal conviction.

On 18th June, 2015, Mr Bradbury had attended Havertop in order to gather information, including video footage and photographs for a forthcoming documentary with which he was concerned.

A short time after his arrival, he was approached by Sergeant Dale Wooffinden, and then surrounded by six other police officers (with nothing better to do), and asked to explain his presence outside the police station and his intentions. Mr Bradbury gave his explanation and produced a letter from Chief Constable Andy Trotter, of the Association of Chief Police Officers (now renamed the National Police Chiefs Council), as it related directly to members of the public and photography in and around police premises.

Sgt Wooffinden, and his restless posse, having read the letter, was satisfied with the explanation and allowed Mr Bradbury to go about his lawful business.

Soon afterwards, CCTV footage shows the arrival of Acting Inspector Rogerson, as he was then, before his subsequent promotion to substantive inspector, and a short interchange with Mr Bradbury, prior to the officer entering the secure staff car park, ended with Rogerson calling him “an arsehole”.

The police officer, is then captured on footage accompanying Detective Constable Lisa Redfern, emerging from the car park and walking towards Mr Bradbury. A plainly agitated Rogerson tells DC Redfern: “I’m going to arrest him“. He offers no explanation to his female colleague as to the suspicion of any offence. She, in turn, offers no challenge as to the lawfulness of such an action, or the likely consequences.

As Rogerson approached, Mr Bradbury says: “You are going to lock him up are you, is that what you said?”. He took out a hand-held digital camera in order to record what was happening. The police officer then claims that Mr Bradbury is “harassing him” before grabbing his camera, and then the lanyard attached to it, which was draped around his neck. An assault had clearly taken place, the camera had been damaged, and the officer was asked to stop. Rogerson ignored the request and proceeded to drag his victim towards the police station, falsely claiming he had been assaulted by Mr Bradbury.

At this point, Rogerson told Mr Bradbury he was under arrest, but released his grip on the camera and lanyard. He did not caution him, disclose the suspicion of any offence, or give any grounds for doing so. He simply fulfilled the promise he had made to his female accomplice a short while earlier.

At this point, DC Redfern intervenes but only, quite incredibly, to tell Mr Bradbury to “calm down”. She offered no challenge to her police colleague, as she is required to do under Police Regulations, and no protection to a member of the public subject to a pre-meditated, unprovoked verbal and physical attack. As a police officer she also should have known that the arrest was unlawful and there had been manifest breaches of the Police and Criminal Evidence Act, 1984. Her later accounts, during the complaints process that followed, suggest she did not. She was entirely supportive of Rogerson’s actions.

Mr Bradbury attempted to explain the prior exchange with Sgt Wooffinden and when the three ‘combatants’ reached the foyer of the police station, Rogerson marched off after refusing to provide details of his name and collar number. It is not clear if he subsequently spoke to Sgt Wooffinden, or not. Mr Bradbury’s camera was damaged and he had suffered abrasions and soft tissue injury to his neck.

DC Redfern failed to respond at all when asked if Mr Bradbury was under arrest. A point she failed to mention in her later account. As a result, he left the police station voluntarily, if not a little shakily, and was never subsequently detained or questioned about the ‘arrest’ by the police. Ms Redfern did not offer any first aid or make any enquiries about his well-being, or fitness to travel home. Another police officer who was sat in a vehicle nearby, and had witnessed the events involving Rogerson, declined to give either his own details, or those of his male colleague. Similarly, he made no enquiries about Mr Bradbury’s welfare.

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Detective constable Lisa Redfern

Shortly after the incident a complaint was submitted to WYP. It set out carefully, and comprehensively, the events that had taken place. The matters therein were not only supported by CCTV film obtained on Mr Bradbury’s Go-Pro camera, there were five cameras in the police station precincts that had captured the attack on Mr Bradbury and the events leading up to it.

After a delay of almost two months, the complaint was allocated to Sergeant Penny Morley of WYP’s notorious Professional Standards Department. This was a clear indication that the police were going to try to fudge the complaint and ensure that the six month limit for a prosecution of Rogerson was going to pass, whilst they prevaricated. Sgt Morley had, some years previously, been called out by a circuit judge, HHJ Peter Benson, following a trial in Bradford Crown Court during which she gave untruthful evidence. Taking the College of Policing‘s Code of Ethics as a guide, she should no longer be part of the police service, let alone sitting in judgment of other officers, after such a condemnatory judicial finding.

A decision was taken by Mr Bradbury, in conjunction with his police complaints advocate, Neil Wilby (the author of this article), to lay an information at Kirkless Magistrates Court. This is more commonly known as a private prosecution. The necessary documents, witness statement and copies of film and photographs, were filed at court on 14th December, 2015, just before the six month statutory limit expired. The allegations concerned assault and criminal damage.

West Yorkshire Police and the Police Federation were livid when they discovered that the Resident District Judge, Michael Fanning, had issued a Summons against Rogerson, in early January 2016, under Section 6 of the Prosecution of Offences Act, 1985. They did not believe that the threat to issue court proceedings, privately, against Rogerson would be carried through. It was the first of its kind in living memory of court staff at Huddesfield and Leeds.

A pre-trial review was held the following month in Huddersfield and the Federation sent Nick Terry, a partner with Burton Copeland solicitors in Manchester, to try and have the case dismissed. Even with support, by way of an email from the District Prosecutor of the Crown Prosecution Service, Malcolm Christy, on the morning of the hearing, the judge was unpersuaded by Mr Terry’s increasingly desperate arguments, and those of the CPS rendered by email, and the matter was set down for trial on 16th April, 2016. Mr Bradbury, having represented himself at the first hearing, then appointed a leading local solicitor advocate, Michael Sisson-Pell, to prosecute the case on his behalf.

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District Prosecutor Malcolm Christy failing to appease Stephen Bradbury over his ‘back door dealings’ with WYP.

Three days before the trial the CPS notified the court that they were taking over the prosecution for the sole purpose of discontinuing it. Mr Bradbury was not notified until the day before the hearing. The Deputy Head of CPS Yorkshire and Humber Region, Andrew Penhale, said that whilst the prosecution did not meet the public interest test, the evidential threshold was satisfied and there was a reasonable prospect of a conviction against Rogerson.

Smiles and handshakes all round at the police and Federation HQ in Wakefield, but Mr Bradbury was left with a £600 bill for legal fees (which Mr Sisson-Pell had very kindly reduced to the bare minimum) for which the CPS and the police steadfastly refused to reimburse Mr Bradbury.

The complaint that the CPS were ‘in thrall’ to WYP, and the Federation, did appear to have some merit. A review of the decision not to prosecute Rogerson also failed. As did Mr Bradbury’s entreaties to the CPS regional head, Gerry Wareham. Approached for comment about this article, Mr Wareham said: “Our job is to take over prosecutions like this one [Mr Bradbury’s] that have no merit”. Which flies in the face, completely, of everything the CPS has written and reported about the case previously. Not least that it met the evidential test and that a conviction was likely.

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CPS lawyer Gerry Wareham who has attempted to re-write history over the private prosecution of A/Insp Rogerson

WYP’s PSD then dragged their heels for another two years before finalising the complaints against both Rogerson and Redfern. They, of course, found nothing wrong and both escaped any meaningful sanction. Rogerson was given words of advice after a misconduct hearing and, of course, promoted. Redfern’s alleged misdemeanours were dismissed out of hand. The misconduct hearing was, bizarrely, chaired by Inspector Richard Close, an officer who had acted adversely against Mr Bradbury several times over the past six years, including being a central player in a well-organised ambush and arrest outside police HQ in Wakefield. A malicious prosecution of Mr Bradbury followed, but it didn’t get beyond ‘half-time’ at the nearby Magistrates Court as District Judge Day threw the case out. Gerry Wareham is curiously silent on that CPS debacle.

Vigorous protests to Dee Collins, were, disgracefully, brushed aside in the face of the most compelling evidence against Close. Including the fact that Close had not seized relevant filmed and photographic evidence, including the clip embedded in this article and pictures of his injuries and the damaged camera. Or, obtained witness statements from either Mr Bradbury or Sgt Wooffinden. It was a classic West Yorkshire Police ‘cover-up’.

But the last word went to Mr Bradbury, via his solicitor Iain Gould of DPP Law in Bootle. Letters before claim were drawn up regarding this and a number of other incidents in which Mr Bradbury was adversely affected by the unlawful actions of West Yorkshire Police and he was awarded £13,750 in compensation. The out of court settlement that meant the police avoided having to air their dirty washing in public.

Two of the other cases that led to the compensation award are covered in a separate article on this site and can be read here.

The ambush of Mr Bradbury outside of police HQ and the subsequent shambles of an arrest, detention, investigation and prosecution is to be the subject of a further article on this website in the near future.

 

Page last updated: Thursday 25th April, 2019 at 1810 hours

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Photo credit: West Yorkshire Police In Action YouTube Channel

© 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.

 

Second investigation into ‘lying’ chief constable flounders

Retired murder detective, Peter Jackson, the country’s best known police whistle blower, has written to the Mayor of Greater Manchester’s office to point out that his complaints against the region’s chief constable, Ian Hopkins, are, once again, not being investigated properly.

Under the applicable statutory framework, the Mayor is, ultimately, the Appropriate Authority who deals with such complaints. After a calamitous first investigation, in which his Deputy, ‘Bev’ Hughes attempted to dispose of the complaints by a hopelessly misconceived local resolution process, and misled the complainant by claiming she was conducting an ‘investigation’, Durham Constabulary was asked to assess and manage the probe into the misconduct allegations (read more here).

The ‘investigation’ by Mrs Hughes subsequently turned out to be no more than a phone call to Mr Hopkins. Not one scrap of paper was produced by her after the Independent Office for Police Conduct (more widely recognised under its previous guise of the IPCC) directed the hapless Deputy Mayor to disclose all documents relating to the process. Mr Jackson’s complaint against her ‘local resolution’ findings was, unsurprsingly, upheld by the police ‘watchdog’.

Bev Hughes had falsely claimed that she had conducted a three month investigation and Peter Jackson was, understandably, disconcerted when the truth emerged. She has faced no disciplinary process or sanction, arising from that disgraceful farrago.

Greater Manchester Combined Authority, which hosts the Mayor’s administrative functions first contacted Durham on 5th December, 2018. Three weeks later, after a flurry of communication between GMCA’s Deputy Director of Policing, Clare Monaghan, and a Durham civilian investigator, Darren Ellis, the small county police force took on the job of tackling serious misconduct allegations against the chief constable of the country’s fourth largest metropolitan force.

It looked a mis-match from the outset, and so it has proved. Not helped, it seems, by the unexpected announcement of the retirement of the Durham chief constable, Michael Barton. He is the Gold Commander of the Hopkins investigation, even though he appears to spend an extraordinary amount of his time ‘out of force’.

There are serious and well-grounded questions presently being asked surrounding the reasons given for that retirement, and its proximity to accepting the investigation into Chief Constable Hopkins. Mr Barton was less than half way through a contact extension agreed in 2016, which would keep him at the Durham helm until February 2021 (read more here).

Mr Jackson says he has lost confidence, both in Mr Ellis and the Durham investigation. He cites the following principal reasons:

– Witnesses that were identified in his evidential statements have contacted him to complain about the conduct of Ellis towards them.

– Those witnesses, a serving and a retired police officer, Paul Bailey and Scott Winters respectively, plus journalist Neil Wilby, have no confidence in Mr Ellis and, particulary, his ability to conduct a correctly framed, robust, proportionate investigation.

 – He is not reassured that Mr Ellis is adopting an appropriately thorough and independent investigation of his complaint. He fears another ‘whitewash’, along the lines of the previous feeble attempt to dispose of the complaints by the Deputy Mayor.

 – Ellis has been accused variously, of being sarcastic, patronising, confrontational, aggressive, insulting, deceitful, evasive, inept, unethical and unprofessional. Seeking, from the outset it seems, to break off contact with all parties on the complainant’s side.

 – Providing a straight answer to a straight question also appears to be beyond Durham’s finest.

Mrs Monaghan was provided with relevant e-mail correspondence to evidence this serious and quite astonishing catalogue of allegations. She has acknowledged the communication from Mr Jackson and is set to discuss the matter with the Mayor, Andy Burnham in the near future.

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Gretaer Manchester’s Deputy Director for Policing, Clare Monaghan.

Those Ellis emails, highlighted by Peter Jackson, include one to Neil Wilby, where, amongst other smearing, misdirected remarks, he references visiting the toilets at a friend’s house. Mr Ellis cites quotations he read on the walls of both the upstairs and downstairs facilities, referring to him as a fool. Ellis might well be correct in his assertion, but to use a police email address and IT systems, is unethical and unprofessional, at best. Not least, as the journalist is a deponent in the investigation of which the Durham detective is seized, at the behest of the complainant, and has extensive and detailed witness evidence relevant to what is asserted by Peter Jackson.

At the initial meeting between investigator and complainant, Mr Ellis gave the impression that he understood the seriousness of the matters in issue, and would conduct a thorough investigation. More crucially, he agreed to ‘go where the evidence takes him’, adding it into Mr Jackson’s first witness statement and asserting that such a crucial caveat would form part of the investigation’s Terms of Reference, agreed with GMCA.

As a former head of GMP’s elite Murder Investigation Team (MIT), Mr Jackson is much more aware than most, including Mr Ellis, that it is a well recognised, and sound, approach to examine evidence arising out of similar conduct in other incidents when conducting any investigation.

To Mr Jackson’s obvious dismay, Mr Ellis is said to be conducting the investigation ‘with his fingers in his ears’ whilst acting in an antagonistic manner towards highly informed and experienced witnesses. Conversely, and perversely, there appears to be excessive contact between Ellis and Mrs Monaghan. More alarmingly, Durham Constabulary appear to be willing to break the law to conceal the extent of it (read more here). 

Mr Jackson was recently contacted by a well informed local journalist, based in Manchester, who has reinforced the complainant’s view that the outcome of the present investigation is going to be another ‘whitewash’. Firmly held views, emanating from highly placed sources within both GMP and GMCA, are that the complaint is ‘trivial’ and ‘the investigation is going nowhere’. 

In an article, published on Wednesday 3rd April, 2019 in the Manchester Evening News, that has the look and feel of the under-fire Mr Hopkins calling in a favour from his friends at the local newspaper, the prospect of a ‘whitewash’ increases.  ‘Chief constable vows to clear his name’ screams the headline. The oxymoron, ‘I did not deliberately lie‘ is the theme of an article almost entirely absent of journalistic rigour. 

Mr Jackson has made it clear, in his evidence to both the Durham team and Mrs Monaghan, that the conduct of the chief constable in response to The Times article at the heart of the present complaints, was not a ‘one off’. It forms part of a much wider pattern of alleged behaviour that includes deceit, lies, ‘cover up’ and misleading of the public. 

For his part, Mr Ellis has repeatedly refused to inform the complainant of the outcome of his severity assessment. Although Ellis asserts that a Regulation 15 notice has been served on Ian Hopkins, he refuses to say whether the allegations amount to misconduct, or gross misconduct. Adding to the opaqueness, GMCA have refused requests by the BBC to confirm whether the regulation notice has been issued. GMP referred such enquiries to GMCA. The latter has been approached by Neil Wilby, via a freedom of information request, for a copy of the notice.

The terms of reference have been disclosed publicly and they appear to be a diluted version of what Mr Jackson was told to expect. There is no mention of the recording of the disreputable conduct that is alleged by Jackson, and the ‘go where the evidence takes us’ is missing. Mr Ellis has refused to explain these disparities and has cut off contact with the complainant, accusing him of leaking information to journalists.

In the light of the alleged misconduct of Darren Ellis, together with the highly conflicted position of the Deputy Mayor and GMCA, flowing from the disgraceful first attempt at the investigation of the Jackson complaints, a firm request has been made for a referral of these matters to the IPCC (now IOPC) for an independent investigation, by them, as a matter of urgency.

Page last updated on Monday 8th April. 2019 at 1725hrs

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

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

Picture credit:  Manchester Evening News

© 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.