‘That particularly dubious constabulary merits careful investigation’

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

A highly attritional relationship

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

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

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

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

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

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

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

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

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

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

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

The Melsonby post office murder

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

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

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

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

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

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

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

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

The three Garbutt appeals to CCRC

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

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

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

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

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

An independent investigation – a search for the truth

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

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

 

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

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

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

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

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

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

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

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

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

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

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

‘A comedy of errors’

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Confirmation bias

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Robin Garbutt campaigners - ITV package

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

So, we come to the key questions:

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

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

~ Did the jury come to the right verdict?

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

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

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

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

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

Timeline 

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

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

 

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

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

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

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

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

 

 

‘Don’t do anything stupid. We’ve got your wife’

As one who frequently sits in court press seats, directly opposite jury boxes, it might be said that I am moderately qualified to pass comment on the vagaries of a system that sees the fate of defendants, accused of serious crimes, decided by twelve of their community peers.

The prosecution present the case as to why the Crown (or State) believe the accused is guilty, then the defence barrister will answer the allegations. Each will usually bring witnesses to speak either for, or against, the defendant(s) and there are often exhibits in the form of documents, records, clothing, photographs, and sometimes, weapons. Experts, of varying qualification and authority, can be deployed to give evidence for either side.

It is what is known as an adversarial system. Where the most refined arguments on the applicable law and the more compelling evidence of fact succeed, in theory at least. Compared to, for example, an inquest, or courts in some other European countries, where the process is inquisitorial. A search for the truth.

At the end of the evidential stage of a trial, counsel (barristers, or Queen’s Counsel where the charges are serious) for both the prosecution and defence will each make a closing speech, addressed directly to the jury, which comprises the best of their arguments and highlights the evidence that they believe falls in favour of either the Crown or the defendant. Often, and for very good reason, they are highly emotive – and regarded by many as the key components in a trial.

Immediately following the speeches, the trial judge ‘sums up’ the arguments and evidence. Stressing all the time, that he, or quite often she, these days, is the arbiter on law only; decisions on facts are for the jury alone. What a judge may consider important points the jury may not, and vice versa.

Having given the jury directions on the law – and how it applies in the particular case being tried – a jury bailiff is sworn in and the twelve men and women, from all walks of life, are sent to the jury room to deliberate. Under strict instructions not to discusss the case, except when they are all together in that room. They are also warned about researching any details about the case on the internet, or discussing it at home or with friends. Their verdict is reached only on the evidence they have heard  in court – and the judge will remind them that it for the Crown to prove guilt, not for the defendant to prove his innocence.

The judge will also urge them to reach a unanimous verdict when they are sure the defendant is either guilty or not guilty. If the jury is ‘hung’, that is to say not all of them agree on a verdict, the judge will take soundings from both prosecuting and defending counsel as to how long must pass before the court should allow a verdict based on the majority of jurors. Either 10-2, or 11-1, if all 12 jurors are still sitting.

If the jury finds the defendant guilty, the judge hears from both counsel again – and then passes sentence: The prosecution will present the views of the victim, often in the form of an impact statement, and advocate for what is believed to be an appropriate sentence, within the guidelines. Defence counsel mitigate, as best they can, on behalf of their client. In the case of a not guilty verdict, the defendant is released from the court dock soon after the verdict and free to go about his daily business, no doubt chastened by the experience. The guilty take the slow walk down the dock steps to custody.

Nothing about the deliberations of the jury can be made public, either during or after the trial. But the judge, using his experience and knowledge of the case, will apply their fact finding when passing sentence and making his accompanying remarks. In the higher profile criminal cases, the ‘Sentencing Remarks’ are made public and widely distributed.

Following a four week trial in Teesside Crown Court, during March and April, 2011, a 45 year old man, Robin Joseph Garbutt, was found guilty of the murder of his wife, Diana, at the village store and post office they ran at Melsonby, in the Richmondshire district of North Yorkshire. The jury were split 10-2, a majority verdict. They had deliberated for over thirteen hours, but took only a very short time after the judge released them from their obligation to return a unanimous verdict.

The heinous crime was committed just over a year earlier, on 23rd March, 2010, and attracted a large amount of press attention; not least because it was said that an armed robbery had taken place, in which a large amount of cash was stolen. The widely held assumption, at that time, was that Mrs Garbutt had been killed by those same robbers during the raid. The local police force were under enormous pressure to ‘get a result’.

At first, it appeared that the police had accepted Robin Garbutt’s account of the robbery, and the circumstances in which Diana had died. But three weeks later, the innocuous, well-liked and respected local man was arrested by North Yorkshire Police in an early morning swoop, held in custody and questioned for 3 days. After which, he was charged with his wife’s murder.

Garbutt, it later emerged, had been suspected of a false narrative, by the police, within a short time of them arriving in the picture postcard village: PC Mark Reed, the second officer to arrive, said that his account was ‘jumbled, all over the place’. TC Chris Graham-Marlow, the first officer on the scene, was concerned that he continually questioned the opinion of the paramedic attending the body of Diana who had told him that rigor mortis had set in and there were also clear signs of hypostasis (blood pooling in tissue where her heart had stopped), indicators that death had occurred at least an hour earlier and, more likely, several hours previously. There appeared to be no good reason, when apparently almost hysterical over the death of his wife, why he would do so. The nett effect was to invite closer attention to the armed robbery narrative.

PC Reed says that when he and another officer drove him to Northallerton police station, at lunchtime on the day of the murder, Garbutt again returned to the subject of the time of death and the state of the body.

At the time of his arrest, the police said that there were inconsistencies in his account of what had taken place on the fateful day, and the background to it. Exactly a week after the murder, Detective Superintendent Lewis Raw said “The investigation is very complex and it will take some time to complete all avenues of investigation”. The first sign, publicly, that the police were not treating this as an armed robbery gone wrong.

At trial, it emerged that Garbutt had further aroused police suspicions by painting a rosy picture of the marriage and the village store business. But, in reality, the prosecution presented the jury with a very different picture: A woman sexually unfulfilled and with a constantly roving eye – and the couple had rising debts which, at the time of the murder, amounted, jointly, to over £44,000, plus a £60,000 mortgage on the property for which they had paid £105,000. They had seven credit cards between them, all running at or near the credit limit.

Diana, it was heard in court, ‘had lost interest in the business’ and it had been on the market for around 5 years, with little or no buyer activity. Robin admitted that he was heard, at least once, to tell her to ‘get off her fat arse and do something’.

She had told one of her male dalliances, in an email message, that her marriage was ‘doomed’. She told another that the marriage was going through ‘a rough patch’. The court also heard that the Garbutts had seen a Relate counsellor, regarding their sexual incompatibility, and discussed splitting up, with Diana renting a room elsewhere in Melsonby village. At trial, Robin dismissed this as being ‘long in the past’ even though it was just over a year ago. His wife had visited a dating website several times on the day before the murder, including just a few hours before she was bludgeoned to death.

Comprehensive and highly forensic analysis of the personal finances of the couple, the village shop and the post office was put before the jury and they heard live evidence from Teresa Bentley, a specialist economic crime investigator who had full access to all the couple’s personal and business bank accounts, credit card accounts. She was, also, assisted by a Post Office fraud investigator, Andrew Keighley. The jury heard from the latter that there were ‘irregularities’ over the Post Office record keeping and unusual requests for cash from HQ. Mrs Bentley told the court that there were regular, substantial cash sums sent to the bank, via special delivery. Her reports, included in the jury bundle, tended to show that it was these cash deposits, about which there was scant explanation from Robin Garbutt, that were keeping their business and personal finances afloat.

In 2009, the couple, who married six years earlier, had eight holidays, including weekends in Amsterdam, paying two visits to the Hard Rock Cafe, and trips to York, Paris and Northumberland. Two of their other weekend trips to Bolton Abbey cost £1200 and £800 respectively. Diana went with a friend on a trip to the Glastonbury Festival. A week or so after the murder they were due to fly to the United States for a three-week holiday at a cost of £3,000 (Diana’s father was American and she had dual nationality. The plan was to visit her sister Victoria in California, before travelling to see her 94-year-old grandmother, Rose, in Virginia). When the prosecution advanced the view, in cross-examination, that the Garbutts were living well beyond their visible means, Robin denied that. He told the court that not all the business takings went through the till [which, of course, means that VAT and income tax returns were, demonstrably, false]. Diana’s Post Office salary was £14,500 and the shop was, at best, showing a very small profit. In the months leading up to the murder the shop was losing a significant amount of money, according to the police analysis, although defence counsel, James Hill QC, did question the actual amount that was put before the jury (around £14,000).

There was no countervailing expert, or forensic, analysis of the accounts, or cash transactions, put forward by the defence. They relied, almost exclusively, on cross-examination of Ms Bentley and Mr Keighley.

The trial, and the verdict reached by the jury, appeared to turn on just two key findings: The time at which the murder occurred and whether, or not, the alleged armed robbery took place. The judge, in his summing up, had made it clear that the Crown did not have to prove motive, only the charge on the indictment. That is the law as it stands.

Much of the witness evidence heard at trial, on behalf of the prosecution, was to dispel the widely held myth in the village that all was perfect in the Garbutt marriage – and their business enterprise was flourishing. The court also heard many glowing personal testimonies about the couple, and Robin; and the judge, of course, drew equal attention to those.

He also explained that, in the circumstances of this particular case, a verdict of manslaughter was not available to the jury.  Robin Garbutt was either guilty, or not guilty, of the murder of his wife, Diana. If he didn’t commit the crime, then the jury verdict would point to the armed robber(s). That was how the police and prosecutor had, some might say very cleverly, constructed the case. Their strategy, for example, excluded the possibility that there was a third party involved in a conspiracy to murder, who may well have struck the fatal blows whilst Garbutt was serving in the shop downstairs.

David Hatton QC, prosecuting, said propitiously: “One of the questions you will have to consider, if you accept this evidence [of a robbery taking place], is the likelihood of a robber, or robbers, being prepared to violently kill a female sleeping in her own bed, at all; but then, having done so, to wait for [four to six hours]* before going downstairs to rob the post office.

“And then, it has to be said, having been prepared to bludgeon the lady to death upstairs and wait for that length of time, to leave the defendant himself unharmed and unrestrained to raise the alarm.”

The timing* of the murder has, before, during and after the trial, created huge controversy. The prosecution say it happened between 2.30am and 4.30am, the defence assert that it was after 6.45am. Those competing arguments, along with the other matters around which the Garbutt miscarriage of justice campaign is focused, is the subject of analysis in a separate article in which I conclude from, it must be strongly emphasised, a non-scientific standpoint, but after weighing all the evidence heard in court and the counterclaims regarding the food digestion analysis since the trial, that the attack occured between 5.40 and 7.10am.

The first paramedic on the scene, Michael Whitaker, gave evidence to the effect that, upon arrival at the scene of the murder, there was no electrical activity in Diana’s heart and her arm was solid with rigor mortis. The court heard: “I assumed that the lady had been deceased for quite some time.” Under cross-examination, Mr Whitaker told Mr Hill that he could not say for certain how long she had been dead for.

The issue of whether the robbery took place, or not, is more compact, does not involve complex science, and amounts, quite simply, to whether the account of Robin Garbutt can withstand scrutiny. So, readers of the present article are invited to put themselves in that jury box, test the evidence and reach their own verdict.

The narrative account of the robbery given to the police on the day of the murder was repeated, more or less, in the witness box at trial. With the apparent exception that, on the morning of the murder, Garbutt told the police that the armed robber had entered the shop from the upstairs living quarters.

It boils down to what took place between and 08.35.54 and 08.37.13 on Tuesday 23rd March, 2010. A total of 79 seconds.

During that time, from when the opening of the safe became possible, recorded both within the deposit box itself and centrally at Post Office HQ, and the 999 call being answered, this is what is said to have happened:

~ Garbutt was in the post office booth, within the shop, having just opened the safe, when he heard a noise from behind the shop door that connected to the staircase leading up to the living quarters.

~ After opening the safe, but before he was disturbed, he had removed the A4 book containing postage stamps. He had also removed the compartmentalised tray containing the coins that fitted in the post ofice till.

~ He left the booth and moved towards the door thinking he would be greeted by his wife. Instead he was met by a masked man, in dark clothing, holding a gun down by his side.

~ The robber told Garbutt: “Don’t do anything stupid, we’ve got your wife upstairs”.

~ He was then instructed to turn off the lights in the shop and lock the front door. In court, it was heard that he slid across the top bolt on that door.

~ He then returned to the booth and filled a black holdall with over £16,000 in denominations of £20, £10 and £5 notes. They were in bundles on a shelf in the safe.

~ Emerging from the booth, he then went around to the back of the shop counter and emptied the contents of the till (about £150) into the holdall, on the instructions of the robber.

~ At this point the armed robber left the shop, via the connecting door and the back door to the premises, which Garbutt says he had left unlocked when offloading stock for the shop, from his car, earlier that morning between 4.30am and 6.00am.

~ Garbutt was warned by the armed robber not to move.

~ The back door, apparently, had not been locked by the robber(s) after they gained entry.

All of the above actions, mostly by a man seemingly paralysed by fear, and with one eye on the gun in the robber’s hand, had taken just 20 seconds, says Garbutt. Emphatically.

This is a picture of the interior of the shop which may aid readers’ understanding and assessment:

Screenshot 2020-03-29 at 14.16.53

The silent alarms, which connected to the police control room via a central monitoring station, had not been activated. One was in the booth near the safe, another was next to the shop till and a third was by the connecting door. Garbutt explained this to the police, and later in court, by saying, firstly, that ‘he was caught in the agony of the moment’ and, secondly, he did not know the alarms were silent, despite the court hearing evidence that he had been instructed at least three times in their use by two different Post Office technicians. It also emerged in court that he had taught one of his shop assistants, Linda Sharp, some months earlier on how to use the alarms and explained their effect (the court heard that she was also told in strong terms to make sure she always kept the back door to the premises locked).

~ After the robber had left, and without having sight or sound of any other robber whom, according to the thief in the shop, was holding Diana captive, Garbutt says he raced upstairs, passing the silent alarm button near the connecting door.

~ He arrived in doorway of the spare bedroom to see his wife face down in the bed, her head in a pool of blood that had spread out on the pillow beneath her.

~ The husband of the wife he told the court he adored, did not offer any first aid, or even check whether she was dead or alive.

~ From there he went to the living room on the first floor and dialled 999 to report the robbery and injuries to his wife. He did not tell the emergency operator whether she was dead, or not.

~ Garbutt told the emergency services operator that the robber(s) had made good their escape, although he had no knowledge of that. He did not check the direction in which they were headed or whether they were, in fact, lying low on or around his property. No other person in the village, or elsewhere, had sight of them at any time on that morning. His next door neighbour, Pauline Dye, was in and out of her house, hanging out the washing in the back courtyard, at around the time the robbery took place. She saw or heard nothing.

There is no account of Garbutt searching for, or calling out to, the other robber(s) said by the gunman to be holding Diana captive. Or arming himself to confront or defend himself from an attack from the second robber that he must have believed was present, and armed, with his wife, thus ensuring compliance with the instructions from the robber who appeared in the shop. Garbutt told the police, when later interviewed as a suspect, that the robber did not have the iron bar in his hand. Also, he could not explain how the robber had, apparently, no blood on his clothing.

This is a short film of the account Robin Garbutt gave of the alleged robbery. It was taken by police a few hours after the discovery of his dead wife.

The defence, at trial, relied on the report of another almost identical robbery at the same village shop, exactly 53 weeks earlier, on 17th March, 2009. The court heard Garbutt’s account of how, at about 8.30am, he had been confronted by two hooded men, with their faces covered, one pointing a gun at him, as he opened the post office safe. They escaped with around £11,000 in cash and a valuable A4 book of stamps. Garbutt did not activate the silent alarms on that occasion, either. Diana, the court heard, was upstairs in the living quarters and heard nothing. No-one in the village saw or heard anything, either. It remains an unsolved case. The prosecution elected not to take a view on whether the robbery described by Garbutt took place, or not. It was left for the jury to decide as part of their fact-finding matrix.

Unknown to the jury, Mr Justice Openshaw took the unusual step of remanding Garbutt in custody after hearing his evidence. Prosecutor David Hatton QC said that it “bordered on the absurd”.

Robin Garbutt has always vehemently denied murdering a woman he says he loved so very dearly. His soulmate, whom the jury heard was ‘as close as close could be’. He has also consistently maintained that both armed robberies DID take place and one of the robbers in the second raid (or later distilled at trial to a single robber) killed Diana as she lay in her bed. 10 of the 12 jurors did not believe him. They had the benefit of hearing evidence from 68 prosecution witnesses and 18 defence witnesses, plus the testimony of Garbutt himself across two hearing days.

Neither does Diana’s mother, Agnes Gaylor, who sat through the entire criminal trial. The village of Melsonby is still split over the verdict.

Passing sentence, Mr Justice Openshaw pulled no punches. He said the defendant had shown no remorse over the death of his wife, adding: ‘He has always accompanied his lies with sanctimonious lies of his love for her’.

‘By their verdict, the jury have exposed this as pure humbug.’

‘This was a brutal, planned, cold-blooded murder of his wife as she lay sleeping in bed.’

‘There was no struggle, she never awoke. He struck three savage blows, smashing her skull and causing her immediate death as clearly he intended’.

The story of the armed robber he said was ‘ludicrous from beginning to end’.

The defendant was sentenced to life imprisonment, with a recommendation that he serve at least 20 years. Sir Peter Openshaw DL is a judge with whom I am particularly familiar, in terms of style, tone, compendious knowledge of the law and procedural rules. Having been in his court for very many days of the hearings of the first Hillsborough trials across a period of over two years.  There has never been any criticism of his handling of the Garbutt trial, or the way it was summed up, except that he was keen to keep it on track in terms of length of trial. That also featured in all the hearings at Preston Crown Court, and so it does in every other Crown Court on my beat. It is what judges do: Effective listing and timetabling are significant parts of their oversight role. Openshaw ran his courts with almost military precision, matching that familiar stiff gait to and from his seat on the bench.

Xanthe Tait, Deputy Chief Crown Prosecutor for North Yorkshire and Humberside, said after the trial: ‘Diana Garbutt’s life was cut brutally and tragically short. Her family is left to forever mourn her loss.

‘She was violently bludgeoned to death. A callous crime motivated by the basest of human characteristics.

‘Robin Garbutt went to great lengths in creating a cover story involving a robber with a gun: a story he maintained throughout the trial – lying about his finances, lying about his relationship with his wife and lying about the robbery – to conceal his appalling crimes.

‘We have worked closely with the police to build a robust prosecution case and secure justice for Diana. Our thoughts are with her family and we hope that today’s conviction will bring them some measure of comfort and peace.’

Ms Tait, for the past several years, has led a three-force collaboration group which aims to bring the legal services departments of Cleveland, Durham and North Yorkshire Police together in a project codenamed ‘Evolve’. She was a high-achieving prosecutor, widely respected by her peers.

Since his incarceration, a highly visible campaign group has formed around Robin Garbutt. They are energetically, and passionately, led by Jane Metcalfe, a friend from the time when he lived in York, together with Garbutt’s sister, Sallie Wood, and brother-in-law, Mark Stilborn. Jane and Robin are in constant touch by phone.

In the past few months, regional and national newspaper coverage, an article in Private Eye, and packages on the two local TV news programmes, ITV Calendar and Look North, has kept the miscarriage of justice claim very much in the public eye. A third application to the Criminal Case Review Commission (CCRC) is the trigger for the publicity. An appeal to the Criminal Division of the Court of Appeal was dismissed in May, 2012. Two subsequent applications to the CCRC were also dismissed.

A website set up and maintained by the campaigners can be viewed here. Whereas the presentation is rudimentary, the message is very strong: Robin has always told the truth and he could not possibly have committed the crime. It promises so much, but delivers surprisingly little by way of references to substantive evidential material.

The ever-present assertion of unwavering truthfulness of Robin Garbutt has little or no basis in fact. Whilst those same campaigners, and the convicted murderer, have refused me access to his witness statements to the police, the merest examination of his witness box testimony reveals gaping holes and alarming contradictions in his story.

Why deny a journalist, approaching the case as one who has very good, and well evidenced, reason to doubt just about anything that North Yorkshire Police do or say, over a very lengthy period, access to any of the case materials? Unless there is something to hide from an independent investigator?

Another journalist, the late Bob Woffinden, also contributed significantly to the campaign in 2016, before his sad passing in May 2018, and his article (read in full here starting on page 14) certainly raised its profile and credibility at the time. However, to locate his work on the internet requires a little persistence. There is no link to it from the campaign website. It is, with all due respect to Bob, a very popular and capable journalist, a partial piece that adopts the cause of the convicted murderer.

A petition protesting Robin Garbutt’s innocence, propagated from the website, has gathered just 54 signatures. William Hague (now Baron Hague of Richmond), who retired in 2015, is listed as Robin Garbutt’s MP. In fact, his representative now is the very high profile Chancellor of the Exchequer, Rishi Sunak MP.

The past and present MP’s have both have been contacted for comment on the campaign and to establish whether they have added support in any way. A response is awaited and will, very understandably, be delayed in the case of Mr Sunak.

The Garbutt campaigners declined to provide a statement for this article, despite being prolific elsewhere. A request for answers to a series of straightforward questions about the background to the events of 22nd/23rd March 2010 was also declined. It has taken a considerable amount of additional time and effort to dig them out, but almost all of those answers have now been obtained from other sources. Several of them now cast further doubt on the Garbutt narrative, particularly in relation to the weapon that the armed robber held in his right hand as he entered the shop.

Dr Michael Naughton, an academic whom, it is claimed, supports the campaign, did not acknowledge or reply to an email asking for details of his analysis of the case, or the grounds upon which he has based his support by way of a relatively new venture, Empowering the Innocent. Dr Naughton does, of course, have at least one blemish on his miscarriage of justice record; the case of Simon Hall for whom he was the leading advocate for five years. The convicted murderer actually confessed to the crime in 2013 (read BBC report here). The parallels with the Garbutt case are, on any independent view, stark. The discomfort when this is drawn to the attention of his campaigners is palpable. Naughton claims he has never seen the signed confession and is reported to continue to cast doubt on its existence. A search to find a case to which he has been attached professionally, and has succeeded at the Court of Appeal, has drawn a blank.

By way of a carefully framed, plainly expressed freedom of information request, North Yorkshire Police were asked on 30th January, 2020 to provide basic details of the murder probe, the usual foundation stones of a properly grounded journalistic investigation. Over two months later, they are yet to respond to the request, or an application for internal review (read in full here). Those that check out the details will see that NYP are prepared, arguably, to commit a criminal offence to avoid disclosure. That, it might be said, is a measure of the habitual fear they have of the type of relentless scrutiny they face from this quarter. The lurking presence of Xanthe Tait, as the ultimate arbiter of that disclosure decision, and particularly with her colours now firmly nailed to the NYP mast, cannot be overlooked.

Screenshot 2020-03-29 at 19.25.53
Xanthe Tait, formerly Deputy Chief Crown Prosecutor and, more latterly, deeply embedded in North Yorkshire Police.

As it happens, most of the requested details have been obtained from independent sources about Operation Nardoo, the police codename for the calamitous Garbutt investigation, which form the basis of the third article, in a series of at least three, covering the Garbutt case. The product of almost 200 hours, over the past two months, invested in this most puzzling case and one in which the judge expressed serious, and well justified, concerns about the police management of the crime scene: ‘A regrettable lack of professionalism’.

It is safe to to say, supported by a lengthy and highly attritional history (for example, I have taken them to court twice and defeated them), that NYP will not enjoy the intensity of the spotlight that I routinely turn onto them.

The police press office was not contacted, as it is some years since they responded to any enquiry from this quarter, despite my press accreditation by the National Police Chiefs Council and, of course, their lawful obligation to do so by way of section 39A of the Police Act, 1996.

This, as the reader may have gleaned already is a story with some way to run.

UPDATE: The second article in this four part series can now be read here. The third article here and the fourth article here.

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

Page last updated: Thursday 2nd July, 2020 at 0625 hours

Photo Credits: Press Association, North Yorkshire Police.

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

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

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

Would you buy a used car from this man?

In July last year I decided to change my car. The vehicle in use at the time was a much-loved, but ageing, Mercedes-Benz E-Class Sport. It carried a highly distinctive personalised registration plate that made it readily recognisable. Too easily, on occasions, as it turned out.

The decision was made to buy a much more workmanlike, largely anonymous mode of transport that was suited to some of the covert work I am asked to carry out as an investigative journalist.

Economy and ecology, of course, were also factors in the final decision.

The car chosen was a relatively low mileage, mass produced Vauxhall saloon in a charcoal grey colour with tinted windows. Full service history and with, it appeared from the garage’s advertisement on the Auto Trader website, just one owner. In the Eco-Flex diesel model range with zero road tax, low insurance cost and high fuel economy, it fitted the requirements very well. There was also the benefit of a 3 month warranty provided by the dealer.

A part exchange deal was agreed over the telephone with the Sales Manager, “Jim” at Burnage Motors Limited, an independent car sales outlet in Bredbury, on the outskirts of Stockport. It turned out that “Jim” was not his real name, but more of that later.

The following day I drove the Mercedes to Burnage Motors and a deal, on slightly amended terms, was done. I said goodbye to ‘Betsy’ and, after completing debit card payment, tax, insurance and cherished number retention formalities, drove away from Bredbury in the Vauxhall.

That, I thought would turn out to be the end of my dealings with Burnage. I had bought hundreds of fleet vehicles in my time as a senior corporate executive, and over 20 as a private car buyer, and this was just another run of the mill purchase, smoothly transacted. Or, so it seemed.

But how wrong can one be? Very, very mistaken in this particular case. The dishonest conduct of Burnage Motors Ltd and its sole registered officer at Companies House, Mujahid “Jez” Jamil, has spawned a nightmare experience of three County Court claims and a vexed encounter with the ineffective, inefficient and discourteous Trading Standards Department of Stockport Metropolitan Borough Council whose strapline should, in my submission, read “Reasons Not To”.

In the first of the three court claims I have issued against Burnage Motors, judgment has already been given in my favour and the defendant has, very reluctantly, paid out in full. But only after I threatened that bailiffs would attend their premises with a warrant. That claim concerned payment for an electrical fault with the rear windscreen wipers and dishonest communications made by “Jez” over the V5c registration certificate and a V62 application form. Jez lied continually in SMS messages about both and then asked me not to contact him further, once I had discovered the truth by contacting the Driver and Vehicle Licencing Agency directly and then submitted a V62, including the fee.

Another purchaser, a doctor, has had a similar experience and posted this review on-line at a location called Car Dealer Reviews as recently as last December:

Screenshot 2020-03-10 at 13.13.40

Many other similarly troubling reviews can be found on the same website (read here) and on other review websites (see here).

When the vehicle registration certificate eventually arrived from DVLA it showed TWO previous owners, not ONE as described in the Auto Trader advertisement and, subsequently, asserted by both Jim and Jez. on their premises.

It very much appeared that I had been duped and the Trading Standards Department at Stockport Metropolitan Borough Council were contacted, via the Citizens Advice Bureau (the accepted gateway on-line), on 23rd October, 2019 seeking intervention from them as arbiters of first resort.

It is a moot point now, but I would not have purchased the vehicle had it been revealed at the time that it had two previous owners, not one. A point made to the CAB in my submissions to them.

The reduction in value of the vehicle was estimated by ‘experts’ to be £300 and I politely requested, by email, that such sum be repaid by Burnage as remedy for the breach of the Consumer Protection from Unfair Trading Regulations 2008. No response was received.

The Vauxhall was sold with the benefit of three months’ warranty, as stated in the description of the vehicle on the AutoTrader website. Three defects became apparent during that warranty period. Two of them minor, one potentially more serious: The first, an electrical fault affecting the rear windscreen wipers, was dealt with by way of the first County Court claim. The others; an issue with the electrically-controlled driver’s seat and a seriously worrying paintwork issue affecting the rear nearside quarter of the vehicle and rear bumper, were notified to both Burnage and Trading Standards. The latter as an ‘intelligence’ matter.

As was now becoming routine, neither Burnage, Jez nor Jim responded, at all, to the correspondence regarding the defects. This included time-stamped photographs of the peeling paintwork. Their collective heads were buried in the sand. Meantime, a comprehensive response was received from the Citizen’s Advice Bureau (“CAB”) and provided helpful pointers in terms of resolving the dispute. I have, largely, followed their advice.

The CAB also said that they would contact Trading Standards as part of their routine inter-agency protocol. It is clear from later correspondence with CAB that they did so in November last year, but Trading Standards didn’t pursue the matter even though they clearly had a remit to do so.

An invoice to cover the cost of the repairs was sent to Burnage Motors on 7th November, 2019. They were asked to pay within 14 days to avoid the issue of court proceedings. No response was received to the correspondence to which the invoice was attached. As a result, the second County Court claim was, ultimately, issued to Burnage on 19th December, 2019 by the County Court Business Centre. The motor trader subsequently filed a defence to the claim and the case file has now been transferred to Huddersfield County Court. An application is to be made to strike out the defence, as the Statement of Truth attestation is defective, in breach of court procedure, and the defence is, in any event, almost completely without merit. It amounts to an accusation against me, an accredited journalist, that the defects, and the cost of remedying them, are ‘made up’. A point they chose not to make in pre-action correspondence.

A third County Court claim has been issued over prima facie data protection and privacy breaches by Burnage. They were first notified of the position in October, 2019 when I discovered that they were advertising the Mercedes car on the Auto Trader website (and probably elsewhere) with photographs of my private number plate. A registration mark I have owned since 1989. This was a both alarming and distressing development – and so completely unnecessary. The dodgy dealer had been sent the certificate, by me, showing the replacement number allocated to the vehicle, by DVLA, following the transfer of the cherished plate onto a Retention Certificate. It was, in fact, the same number that was attached to the car when it was bought, pre-owned, in 2011.

Yet again, there was no response at all to that correspondence and, quite extraordinarily, Burnage persisted with the breach. They eventually responded on 20th December, 2019 with a derogatory, highly personalised attack and, from that email, it was clear that Burnage has no intention of remedying the breach without court intervention. I am, according to Jez, ‘a deluded old man’.

This claim has now, also, been transferred to Huddersfield County Court, where another application to strike out will be made. This time the Burnage defence, also with a defective Statement of Truth attestation, is that no breach of data law or regulations has occured. The court, the readers of this article may be assured, will make short work of that groundless, time-wasting assertion.

The picture painted of Burnage Motors Limited, “Jez” and “Jim”, only from these limited dealings with me is, on any independent view, an ugly landscape of unethical, unpleasant, unprofessional and dishonest conduct: Lying about the V62 and V5c; misleading and unlawful description of a vehicle; flagrantly and persistently breaking the law; having a county court judgment registered against them over what might be considered a relatively modest sum of money (£149.62); and last, but not least, an insulting, derogatory approach to customers who raise perfectly legitimate complaint issues with them, if, indeed, they actually trouble themselves to reply at all.

It is hard to imagine how the situation could get worse, but it did: When the bodywork repair was carried out, to remedy the badly applied paint to the rear nearside quarter of the vehicle, it transpired that the rear bumper is not the original manufacturers part. Neither, it seems, is the rear tailgate. The reasonable conclusion to draw from that is that the vehicle has been in an accident requiring the replacement of both parts that comprise the rear end of the vehicle. That implies a serious ‘shunt’ and also provides an answer, in part at least, to the puzzle of how the wheels of the vehicle were so badly aligned when it came to the time for the vehicle’s MOT test and annual service.

This discovery goes directly against the specific assertions made by both Jim and Jez at the time of the sale; that the car had not been involved in an accident. It also raises the question as to how the vehicle came up in an Auto Trader search that excluded insurance categories S, C, D and N (read more here about how those categories work).

The defective paintwork on the Vauxhall was recent, and was peeling away because it had been applied without first keying the primer coat below. The finger of suspicion, therefore, points at Burnage Motors as Jez claims that he ‘owns a body repair shop’. Underscored by the fault with the rear wipers, mentioned earlier in this piece, the missing V5c and, piecing together its service and tax history, and the fact that the vehicle appears to have been off the road for around 6 months prior to the sale to me.

That I have appear to have bought a crash damaged vehicle, at a fairly full retail price, is not only horrifying, but seriously embarassing. A person of my business experience, and present vocation as a journalist should, in all truth, not be caught out in such a way. Nevertheless, a calm head was required and I set about further investigation and renewed contact with Stockport’s so far silent Trading Standards Department.

Following that reminder email I was contacted via telephone, on 11th February, 2020, by Dave Collins, a Case Manager in the council’s Public Protection Department. I was eating my lunch at the time and explained that the time for talking was limited. Mr Collins tried to dominate the conversation and speak over me (which he will have been trained to do). Nothing too much wrong with that, if a caller has something to say that is going to educate and inform. But that was not the case in this instance and Mr Collins left me with the distinct impression that he regarded himself as altogether much more clever than me and, more crucially, would do anything he could to avoid this investigation.

In those circumstances, and on that basis, I invited Mr Collins to bring the call to a conclusion and we would, thereafter, communicate by email so that there was a satisfactory audit trail to which we could both later refer, if necessary. Confirmed to him, in writing, that same afternoon.

That, as it turned out, and entirely as expected, proved to be Mr Collins’ undoing. He is now exposed as lazy and discourteous public servant. I have constantly had to push for action; set out a necessary, but proportionate, investigation plan for him; urged him to treat matters with the appropriate seriousness. Not least, the discoveries, during the course of our correspondence, that Burnage Motors Limited appear to be trading whilst insolvent and had sold a crash damaged vehicle without making the necessary declaration.

At the time of the latest published accounts, to the year end 31st October, 2018, the company appeared to have made a loss of over £100,000 in the trading year and accumulated a shareholder fund deficit of over £173,000 .

Screenshot 2020-03-10 at 13.00.44

Those accounts were actually signed off by Mujahid Jamil just a few days after I purchased the Vauxhall from Burnage Motors. Other enquiries have revealed that there have been two county court judgments officially registered against Burnage Motors Ltd.

In the context of my own disputes with the rogue car trader these were important discoveries. I was already paying out court costs for the second and third County Court claims and a fourth, even larger one, was contemplated in order to obtain remedy in respect of the alleged reduction in value of the vehicle as a result of crash damage.

The question now is; am I throwing good money after bad if the financial woes force Burnage Motors to cease trading?

Screenshot 2020-03-13 at 19.07.24

But none of this appears to faze Stockport Council, or Dave Collins, who also appears to have a lack of understanding of plain English and/or a marked reluctance to act on simple, straightforward, plainly expressed requests. He has, sort of, apologised for his discourtesy so we will overlook that, for the moment. But he still hasn’t explained why emails containing important information and documents were ignored, or why he sat on the case and did nothing for over 3 weeks and would, presumably, have continued to do nothing until pressed into action.

After this concerning period of inactivity, he finally visited Burnage Motors, he reports, on 5th March, 2020. The day after he was chased up for, seemingly, doing nothing and not answering emails. But, it transpires, he had not even contacted the DVLA prior to that visit, or at any time in the near month after I had provided him with the copy of the V5c. An absolutely basic requirement, one might readily conclude, given the nature of one of the main complaints against Burnage Motors: Has there been one owner of the subject vehicle, or, as DVLA says, two.

Mr Collins does not appear to have even raised the point of the apparent non-declaration of the crash damage. Which most members of the public would rank as more serious than the number of owners.

The following day, I received an email from Ian O’Donnell, who claims he has reviewed the complaint file and found the investigation conducted by his subordinate to be ‘proportionate’. He did not provide the timeline and schedule of actions undertaken by Mr Collins that I had requested, nor did he explain why they were absent from his communication. The reader is invited to draw their own conclusion from those omissions.

Mr O’Donnell also refused to provide the contact details for Pamela Smith, the chief executive of Stockport Council. Futile, one might argue, but highly informative of his mindset, nevertheless.

For his sake, and a data subject access request will reveal almost all of the information I need, it is hoped that he has not set out to deliberately mislead in order to ‘protect’ his colleague and the reputation of the Council.

Given what is widely available on the internet by way of seriously negative feedback about Burnage Motors Ltd, “Jez” and “Jim”, it would strike the independent observer as extraordinary if there were not a fair number of other complaints made to Stockport’s Trading Standards Department. This suggests to a journalist, at least, that there may be more to the relationship between the two than meets the eye.

Enquiries continue, as they say. More particularly, when I return to the UK and re-visit the premises of Burnage Motors, this time with a cameraman in attendance. Amongst the more general questions I will put to “Jez” are: Why he claims his premises are ‘based in Stockport on the A6’. They are, decidely, not. Why he claims that his ‘reputation’ has contributed to the growth of his business when it appears notably poor and the business appears to be in terminal decline. More specifically he will be asked to produce the paperwork for, and photographs of, the Vauxhall I purchased, to avoid which, so far, he has been prepared to openly defy court procedure rules.

Mujahid 'Jez' Jamil LinkedIn

It will be an interesting morning, for sure.

In the meantime, and now over a week ago, Burnage Motors Limited and Stockport Council were invited to provide statements in response to this article.

The dodgy car dealer is, perhaps understandably, lying low. More surprisingly, the Council’s press office has failed to even acknowledge the email sent to them and, even more crucially, sight of the timeline and schedule of actions from Messrs Collins and O’Donnell is still absent. They were both sighted in the article at the same time as their press office.

Chief executive, Pam Smith, paid over £150,000 per annum by the Borough’s taxpayers, was copied into that email. She has not sprung to the defence of one of her highest paid departmental managers, or promised a rather more rigorous approach to the Burnage Motors ‘investigation’. In those circumstances, her political master, Elise Wilson, the Council Leader will now be contacted as a matter of urgency.

Screenshot 2020-03-13 at 10.36.16
Pamela Smith – Chief Executive Stockport MBC

 

Page last updated: Wednesday 18th March, 2020 at 1025 hours

Photo Credits: Vauxhall Motors

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, with appropriate and specific direction to the original content.

Bailey can’t bridge the credibility gap

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

Picture credit: Greater Manchester Police

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

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

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

 

Not one single piece of paper

Exactly six years ago, at the end of the day’s Parliamentary business, Gerry Sutcliffe rose to his feet from the green leather benches to begin his contribution to an adjournment debate on the subject of the John Elam miscarriage of justice case. This is what he had to say:

“I am pleased to see the Minister for Policing, Criminal Justice and Victims in his place. I do not expect him to be able to respond in detail to the important issues that I will raise, but perhaps while he listens to my speech he will reflect on what advice he can give on the best course of action to take the matter forward.

“The last case that I raised in which I felt a serious injustice had been done was that of Private Lee Clegg, a soldier in Northern Ireland who was convicted of murder. After the intervention of his solicitor, Simon McKay, other Members from both Houses and myself, he was eventually cleared of the crime.

“I want to make it clear that I do not raise these matters lightly. On the whole, our legal system is fair and just. It was with great pleasure and pride that I served as a Minister in the Home Office and the Ministry of Justice under the last Government. I therefore raise this case knowing the confines within which Ministers may speak because of operational issues and the legal process. I raise this case this evening because a number of things have happened that have made me want to put it on the record.

“Mr John Elam was convicted of a conspiracy to commit fraud and received a 10-and-a-half-year jail sentence in April 2008. He has now been released on licence. He has always maintained his innocence and has sought to appeal against his imprisonment. He had an appeal in 2010 that was turned down.

“A constituent of mine came to see me to raise his concerns about the safety of the conviction and the role of certain officers in West Yorkshire Police. As you will know, Madam Deputy Speaker, Members of Parliament are approached by many people who feel that the legal system has operated against them. Sometimes it is difficult to unravel what the issues really are. As any other constituency MP would do, I wrote to the appropriate Departments and West Yorkshire police, and I contacted Mr Elam’s then solicitors, Keith Dyson and Partners. I also had meetings with the West Yorkshire Police Commissioner [Mark Burns-Williamson].

“My interest was stirred even more when differing accounts of the case emerged. According to West Yorkshire Police, Mr Elam was an international criminal who had connections to the Russian mafia and was involved in money laundering and the drugs trade. However, according to his solicitor, Mr Elam was the victim of police intimidation and a dirty tricks campaign, which included a lack of disclosure at his appeal. I am not a lawyer, so I was unsure what legal avenues were available to resolve the conflicting stories. As MPs do, I asked around, seeking advice and receiving information from many sources. The responses led to my interest in the case deepening further.

“Mr Elam had only one previous conviction, for common assault—he threw a Toby jug at a pub landlord. How did that minor criminal evolve into an alleged international criminal? According to West Yorkshire Police, they were interested in Mr Elam in 2005 and sought approval to have him monitored and placed under surveillance as a dangerous criminal. Operation Teddington was set up, and a very large amount of resources was spent on the process. Covert action was used to monitor the bank accounts of the Medina Trading Company, which consisted of a restaurant and a car wash. Mr Elam has always admitted his involvement with the Medina company and its directors.

“The Yorkshire Bank held the accounts of the Medina company, and an employee of the bank at that time, Mr Richard Shires, passed on information relating to the accounts, and cheques, to DC Mick Casey of West Yorkshire Police, as confirmed by affidavit. During my investigations into the matter, I have submitted a number of freedom of information requests to West Yorkshire Police, through which I have discovered that a person called Mr Richard Shires was a serving special constable in West Yorkshire Police at the time the information was passed on. I have also discovered that a person called Mr Richard Shires subsequently became a paid constable in West Yorkshire Police and continues to serve to this day. I have tried to discover through a recent freedom of information request whether those Richard Shires were one and the same, but at this time I have not been provided with that information.

“If those Richard Shires were one and the same, there was a clear conflict of interest, and more to the point, the credibility of the information and cheques passed to DC Casey would be called into doubt. I think all would agree that it would never be appropriate for a bank employee who was also a serving special constable to assist with the inquiries of the very same police force he worked for.

“At the trial, the Crown was represented by Mr Jonathan Sandiford. No evidence was given about the wider concerns relating to Mr Elam’s criminal associations. In fact, Mr Sandiford stated: The prosecution case here is that the conspirators sought to conceal the fact that Mr Elam was the true owner of the companies acquiring the business in order to defraud creditors’.

“In summing up the case, His Honour Judge Wolstenholme said to the jury that ‘….what you must do is take the view that, well, something dishonest was going on with one or more of the defendants. They must all have been up to something, even if you are not sure what.’

“Subsequently, Mr Elam was convicted.

“Mr Elam’s case, supported by his legal team, portrays an entirely different account of the chain of events. Mr Elam claims that he was approached in the summer of 2004 by a police officer demanding £150,000 in cash to be paid immediately, and £30,000 annually thereafter. In March 2005, the police investigated Mr Elam’s business practices using the covert name Operation Teddington. It is alleged that, in June 2005, 49 officers were redeployed from the anti-terrorist taskforce to work on Teddington.

“As I said, in September 2005, Richard Shires was a paid employee of the Yorkshire Bank. He accessed bank accounts relating to the Medina restaurant and secured more than 3,000 cancelled cheques. A written affidavit by Mr Shires confirms that he delivered a bundle of those cheques to DC Casey. The Yorkshire Bank also confirms that it never received an order to produce from the courts.

“In 2006, John Elam was arrested, and then the Crown court trial began. Despite a wide-ranging three-year investigation, involving more than 300 officers, Mr Elam faced a single charge of conspiracy to commit fraud. He was convicted and served his sentence in HMP Wakefield as a category A prisoner, the highest security level. He had also been treated as a category A prisoner during his time on remand. Mr Elam suffered a stroke in prison and needed external medical support.

“It is my contention that, whatever the true situation, a number of questions remain unanswered and there are a number of public interest concerns. First, was a production order properly served to Yorkshire Bank, and what was the role of PC Shires? Secondly, what was the true cost of Operation Teddington, and were officers diverted from the anti-terrorism taskforce, who at the time were dealing with the 7/7 bombers in West Yorkshire? Thirdly, why was Mr Elam considered to be a category A prisoner, and who was the police officer that demanded money?

“I know the Minister cannot respond directly to individual cases and that the Criminal Cases Review Commission will take a fresh look at this case, but I am seriously concerned enough to raise these issues and the fact that, while out on licence, Mr Elam still faces issues related to the recovery of the proceeds of crime. A hearing that was suspended in October is due in February. I have tried to contact West Yorkshire police on a number of occasions about those issues, and I will continue to do so. I was heartened today when I had a more co-operative response from West Yorkshire Police because they knew this debate was taking place, and I hope to take the matter further.

“These are serious allegations and this is a serious case—as I said, I do not usually promote and push issues where I do not feel that a cause needs to be looked at. This is a sensitive case, but it is important that as constituency MPs we raise such matters when they are put to us, and that we try to get the best result for the constituents we represent, particularly where justice and the work of the police are concerned. It must always be held utmost that the police operate in a proper manner and that our legal system is operating at its best.

“I want to put this case on record. I am sure it will not end here and that we will have to deal with other issues. However, I believe that the other bodies involved—they know who they are—should look at this case in greater detail, and I look forward to what the Minister has to say.”

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Gerry Sutcliffe, former MP for Bradford South

The Minister for Policing, Criminal Justice and Victims (Damian Green) then rose to respond on behalf of the Government:

“I congratulate the Hon. Member for Bradford South (Mr Sutcliffe) on securing this debate and thank him for recognising at various stages in his speech that I will inevitably be constrained in what I can say in response to the specific points he has raised. He served in a distinguished capacity in both the Ministry of Justice and the Home Office under the previous Government, so he will recognise that as a Minister in both Departments I am doubly constrained in what I can say. I will, however, respond to his points about miscarriages of justice, applications to the Criminal Cases Review Commission, and police matters.

“Consideration of alleged miscarriages of justice is a matter for the independent Criminal Cases Review Commission, and ultimately for the appeal courts. I am aware that Mr Elam has made an application to the commission. It is therefore not a matter for the Government and it would be inappropriate for me to comment on that case on their behalf. I understand that Mr Elam has made a complaint to West Yorkshire Police that is still ongoing and being investigated by the force’s Professional Standards Department. Again, that disqualifies me from commenting on it.

“The Hon. Gentleman mentioned the background to the case, and I understand that Mr Elam and a number of co-defendants were prosecuted as a result of a major operation by West Yorkshire Police. There were a number of criminal trials against Mr Elam and other defendants in 2006, 2008 and 2009. Mr Elam was convicted of offences including assault and conspiracy to pervert justice, conspiracy to defraud, and doing acts tending or intending to pervert the course of justice. Custodial sentences were imposed following conviction, which have been served, and I understand that Mr Elam has appealed unsuccessfully to the Court of Appeal, against sentence on one occasion, which was heard in 2007, and twice against conviction—both those appeals were heard in 2010.

“As I have said, Mr Elam has made an application to the Criminal Cases Review Commission, which was established by the Criminal Appeal Act 1995. Its purpose is to review possible miscarriages of justice. Since 31st March 1997, the Commission has operated with the power to investigate alleged miscarriages of justice and refer convictions and sentences to the relevant appeal court for a new appeal. Its remit extends to England, Wales and Northern Ireland. The Commission replaced functions that were previously carried out by the Secretary of State. Parliament established the Commission specifically to be a body that is independent of the Government.

“A Commission review is rightly a long and thorough process. If Mr Elam’s application to the Commission concerns all the criminal proceedings to which he has been subject over a number years, the review will be complex and lengthy.

“It should be noted that the Commission has strong statutory powers to enable it to discharge its functions. It can direct and supervise investigations; approve the appointment of officers to carry investigations on its behalf; and gain access to documents and other relevant materials. I draw the Hon. Gentleman’s attention to the power in section 17 of the 1995 Act, under which the Commission can reasonably require any person serving in any public body to produce to the Commission any document or other material that can assist it in the exercise of any of its functions.

“Of course, “public body” includes the police, so the Commission’s powers pursuant to section 17 operate irrespective of any duty of confidentiality and allow the Commission access to information of the highest sensitivity. Accordingly, as I am sure the House can see, the Commission has the power to obtain and review the papers and materials held by West Yorkshire Police, provided the Commission believes it reasonable to do so, in connection with its review of Mr Elam’s conviction. I hope that that reassures the Hon. Gentleman that, when the time comes, the Commission can access and consider all material relevant to the review of Mr Elam’s application.

“The Commission has confirmed that an application from Mr Elam was received in January 2013. Mr Elam is now at liberty and, as I understand it, the case is not yet under active review. The Commission has informed me that it recently wrote to advise Mr Elam that the estimated date for the allocation of his case for review is January 2015. I appreciate that that is some 2 years after the original application was made and that, given the complexity of the case, it is likely to be some time before an outcome is reached once the review is under way.

“In addition, the commission has explained to me that it operates a system of priority for applicants who are in custody. For cases requiring a substantial review, the review is generally started 12 months earlier when applicants are in custody than when somebody is at liberty. Currently, the wait for those in custody is unduly long. The Commission is concentrating on allocating those cases to reduce the maximum waiting time.

“As I have said, although the Commission prioritises applications from people in custody, I am advised that it has a policy for affording priority to any individual case when appropriate. Perhaps Mr Elam wishes to pursue that, or perhaps the Hon. Gentleman can discuss with Mr Elam whether that is an appropriate course of action in his case. I should take the opportunity to repeat that the Government should not, and indeed cannot, in any way intervene or be seen to be intervening in a matter for the Commission and, if appropriate, the appeal courts.

“On the West Yorkshire Police investigation, I understand from them that Mr Elam’s solicitor contacted them at the end of last year to make a complaint about an officer involved in the 2005 investigation. West Yorkshire Police’s Professional Standards Department is currently in correspondence with Mr Elam’s solicitor about the matter and currently awaits a response. As the Hon. Gentleman has said, Detective Chief Superintendent Andy Brennan, the Head of the West Yorkshire Police Professional Standards Department, has spoken to him and informed him of the sequence of events surrounding the original complaint to the Independent Police Complaints Commission.

“The complaint was thoroughly reviewed, and the response was sent on 18 September advising that there was no evidence to support the allegation. A formal complaint was recorded by West Yorkshire Police’s Professional Standards department and, although Mr Elam and his representatives have been advised that the complaint will be subject to disapplication on two occasions, there has been no response to the letters.

“I understand that the Hon. Gentleman was advised that the process would not stop West Yorkshire Police’s Professional Standards Department from taking action on the information, especially if there is a suggestion of misconduct or criminality. I believe that Detective Chief Superintendent Brennan has also offered to meet the Hon. Gentleman to go through any outstanding allegations or suggestions of misconduct. As well as that offer—it is obviously a matter for him to decide whether to take that up—the Professional Standards Department strongly encourages Mr Elam, or any other person, to contact it should they have information that they believe may be relevant or of value. I think that that is all I can appropriately say at this stage.

“If after those stages Mr Elam is not satisfied with how his complaint to West Yorkshire Police was dealt with, or how he was notified of the outcome, he can appeal a decision to the Independent Police Complaints Commission, which is the statutory guardian of the police complaints system. There are, therefore, further steps that he can take if he wishes to do so.

“The Hon. Gentleman raised three important specific points at the end of his speech. Let me address them as far as I can. The issue of the production order to Yorkshire Bank and the role of Mr Shires is specific to one or more of the criminal cases brought against Mr Elam. If that is a case he has asked the Criminal Cases Review Commission to consider, it will investigate the issues fully. It is therefore not appropriate for me to speculate on them. Information on the costs and diversion of police resources for the purposes of Operation Teddington is an operational matter for West Yorkshire Police, so I refer the Hon. Gentleman to it for the answer to that. On the question of where Mr Elam served his custodial sentences, the decision on which custodial facility a convicted prisoner is sent to is made by the National Offender Management Service. Its decision is informed by information and intelligence from various sources, and the Directorate of High Security has a responsibility to act on that information. It is not within its remit to investigate the details of the information provided by the sources it uses.

“It is clear from the important matters raised by the Hon. Gentleman that there are issues that need to be looked into further. As I have explained, the relevant and appropriate bodies are looking into those matters now. I therefore think that the sensible way forward is to allow the application to the Criminal Cases Review Commission to take its course. I hope that that satisfies the important points raised by the Hon. Gentleman.

Damian Green sat down at 5.18pm having given a polished and, patently, well briefed response, 22 minutes after the debate opened. The obvious, and legitimate question, is what has happened since? Is everything as straightforward as he makes out with regard to the various statutory bodies and the police in their treatment of miscarriage of justice victims and did the case pan out as he said it would. What follows here is a damning condemnation of all four: The Criminal Case Review Commission, the Independent Police Complaints Commission, West Yorkshire Police and Mr Green himself.

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Former Policing Minister, Damian Green pictured alongside family friend, Kate Maltby

Green was later sacked by Prime Minister, Theresa May, as First Minister after he admittted making misleading statements following the discovery of pornography found on his Commons computer in 2008. Those listening to the swish sound of whitewash being smoothly applied during his response to Gerry Sutcliffe wouldn’t have been too surprised at this turn of events. Mrs May was, of course, Green’s ‘boss’ at the Home Office at the time of the adjournment debate. She did not call for a review of any matters with which he had been involved as a result of his admission of dishonesty.

Other allegations raised against him by Kate Maltby, were found to be “plausible”, but no definitive conclusion could be reached about them as a result of “the competing and contradictory accounts” of the Minister and a female family friend who is nearly 30 years his junior, regarding inappropriate sexual behaviour.

Mrs May was heavily critical of the police in the way they carried out the raid on Green’s parliamentary office in 2008, when the pornography was discovered. One might fairly say that the former Home Secretary was not quite so robust when members of the public were victims of unlawful, high-handed and/or heavy-handed treatment by cops.

The first port of call for a member of the public having difficulties with the police should be his elected policing representative, the Police and Crime Commissioner (PCC), voted in by the public for that very purpose. Regrettably, the PCC for West Yorkshire is Mark Burns-Williamson, one of the worst in the country, in a field of plenty. His approach throughout the Elam fight for justice has been nothing short of disgraceful: He firstly lobbied his Labour colleague, Gerry Sutcliffe, to drop his involvement with the miscarriage of justice case. Burns-Williamson then, as he invariably does in other complaint cases, simply adopted the police postion without making independent enquiries: So, in the PCC’s eyes, Elam is a notorious Russian mafia gangster and unworthy of the assistance of the officer paid to perform that function. But when asked by Mr Sutcliffe to provide evidence, or substantiation, of that position  he could provide none. In fact, he refused to answer correspondence.

For a series of investigations into John Elam and others, that Gerry Sutcliffe believed had cost, in total, approaching £100 million of taxpayers money, and, at times, occupied up to 300 officers, the PCC ought really have been a great deal more rigorous in challenging the police narrative.

As far as West Yorkshire Police is concerned, their treatment of John Elam continues to be highly questionable. Despite almost ten years of intensive covert surveillance, of the most intrusive nature one can imagine, there was not one scrap of evidence that he fits their bizarre description as an international drug-running, money laundering, Russian mafia gangster produced at his trials. Despite many requests from Elam, his legal representatives, his MP’s, there has not been any evidence of the same genre produced in the intervening 11 years, either. Which makes the Burns-Williamson stance even more inexplicable.

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John Elam, in his office in Leeds, sizing up the next land development project.

He looks a long, long way from that, sloshing about on a brownfield construction site in Bradford in torrential rain on a cold, sleeting December morning rallying his workers from the front. Yet still the police pursue him; smearing him with banks and professional associates, making life as difficult as they possibly can to put his undoubted, almost unequalled, business acumen to use as a property developer. Very few would be able to start with less than nothing, from gypsy stock, and legitimately turn that into a £multi-million fortune.

There is also this troubling whiff of racism, and all the resentment infecting people of such unpleasant disposition, that appears to permeate into almost all of WYP’s actions. Is it the gypsy blood and the ability to wheel and deal, making ‘easy money’ by putting ‘back to back’ land packages together that gets their goat?

One senior WYP officer is alleged to have said at the time of the Sutcliffe adjournment debate: “How did that gypsy f****r get his case on the telly like that”.

Every complaint made on behalf of John Elam (he is in the later stages of his life, having made and lost several fortunes, getting to grips with reading and writing) is airily batted away by the police. Then kicked further into the long grass by the thoroughly disgraced IPCC (now the similarly disgraced IOPC). Aided and abetted by a police complaints system deliberately re-designed, in 2011, to hamper the public at every turn.

Two long-serving officers turned up to meet Elam at Gerry Sutcliffe’s office in Bradford in 2014, Simon Bottomley and Osman Khan. Both DCI’s at the time, who have gone on to be Heads of PSD at WYP. Bottomley is the present incumbent, having succeeded Khan last year. Both have a chequered history amongst those members of the public who have had the misfortune to complain against their local police force. Their disposition towards John Elam and Mr Sutcliffe was agressive and confrontational throughout. They had turned up in place of Andy Brennan, who had done a ‘moonlight flit’ and left WYP shortly before he was due to meet with the MP and Elam, as Damian Green had indicated he would. When Elam spoke to Brennan by phone he could offer no explanation for his ‘retirement’ from WYP. The meeting produced nothing of use to the fight for justice. The barriers were up and stayed up.

The stigma of the 7/7 bombings, and the effect of the withdrawal of WYP’s specialist counter-terror officers onto what appeared to be an almost wholly disproportionate vendetta, also rankles deeply with the force’s hierarchy. Further discrediting Elam is one of the only ways they can salve their conscience after 56 people died at the hands of three radicalised suicide bombers from Leeds, and one from Kirklees.

The CCRC did, eventually respond in April, 2016, three years and three months after the submission of the Elam appeal to them. Their detailed findings, and the flaws inherent within them, including what appears strongly as ‘verification bias’ and a lack of basic investigative rigour will be the subject of a separate, but linked, article on this troubling miscarriage of justice case.

The CCRC provided no satisfactory answers on the key issues concerning:

(i) Richard Shires and his dual and contemporaneous role with Yorkshire Bank and WYP.

(ii) The provenance of the Production Order which took nine years for WYP to eventually produce (in the end to Gerry Sutcliffe) and the Yorkshire Bank are adamant was never served on them at any time.

(iii) The true status of the alleged police informant, Andrew John Rudd. Whom it is said was acting as agent provocateur.

(iv) The classification of John Elam as a Category AA prisoner. Extraordinarily, and quite independently as an investigative journalist, I have obtained access to that information and about which there will be a seperate article naming the officer who provided what appears to be false and malicious information to HMP’s Director of High Security.

(v) The identity of the police officer who turned up at John Elam’s home in Scarcroft and demanded £150,000 in cash up front, and £30,000 per annum thereafter, ‘to make your [John Elam’s] problems go away’. No enquiries were made as to the whereabouts of the film from a covert camera situated in a bird box in a tree opposite (in the garden of a former Leeds United goalkeeper, Nigel Martyn).

(vi) The continued smearing of him as a very serious organised drug-running, money laundering, Russian mafia criminal, absent of even the smallest scrap of evidence.

What they did do, incredibly, was have at least one face-to-face briefing with West Yorkshire Police, the very organisation whose serious, and proven, wrongdoing was at the heart of the Elam CCRC appeal. It appears to have escaped the attention of the CCRC that WYP has the worst record of any police force in the country when it comes to serious, high profile miscarriages of justice. Dating back to the 1970’s and the deeply shocking Stefan Kiszko and Judith Ward cases (read more here). They are a police force that simply cannot be trusted to tell the truth or not tamper with evidence and/or witnesses. That is not fanciful speculation, it is an inalienable fact.

Most crucially, what they CCRC didn’t do was exercise their extraordinary powers to obtain disclosure independent of the police and prosecution filters or barriers. If they had, they would have discovered, as I have done, that covert surveillance on John Elam began accidentally in 1998 when an operation (my informant who worked on the case cannot recall the name) was mounted in East Leeds targetting other persons of interest to the police. Elam was a business associate of one of them. West Yorkshire Police say they have not been able to trace the operational name either, despite very specific information being provided to them that should make it a straighforward task

An operation that followed, codenamed Primary, did target John Elam but yielded nothing after three years of intensive, intrusive surveillance as they tried to link him to WYP’s ‘most wanted man’, Dennis Slade. A career armed robber whom the police fitted up in 2010 for a murder conspiracy he wasn’t part of. There was never any connection to find between the two men, socially or in business dealings, except for a fleeting introduction in a Leeds pub one evening. Slade’s conviction on that murder count was quashed by the Court of Appeal and the charged dropped one week into the re-trial in April, 2019 (read more here).

West Yorkshire Police misled Damian Green when they stated that surveillance on John Elam only began in 2005. It would have seriously harmed their case if the obsessive vendetta had been found to have begun five years earlier.

For my own part I can say this: I’ve known John Elam for seven years and either I am blind and stupid or he is a hard-working family man, unfailingly courteous, would walk a mile to do a man a good turn, would turn around rather than do him a bad one. His office is on one of the busiest corners in Leeds, he operates in a highly competitive business arena but appears to have the respect of his peers. Deals get done, and the wheels of the diggers and trucks turn. He is in the public eye insofar as he regularly takes his daughter and grandson out for meals and spends many weekends with them at their caravan at the East Coast seaside. That is not the lifestyle of a mafia gangster.

Like me, he abhorrs any form of narcotics and will not tolerate their use in his presence.

What I can’t say: That there is any evidence at all that he is the major criminal portrayed by the police. He is a one man band and has no association with any gang, apart from those carrying out groundworks on construction sites. He has the same computer in his office that he has had all the time that I’ve known him; he freely gives me access to that. He has just one ancient mobile Nokia phone that, apart from making and receiving calls, he struggles to use. There are no burner phones or SIM cards; no sophisticated means of encrypted communication used routinely by criminals, even the not-so-serious ones these days; no firearms; no weapons (and he wouldn’t even try to beat me in a fist fight). Nothing at all to support the notion of a criminal lifestyle and enforcer. His mode of transport is a 4 year old Ford Ranger open-backed pick-up truck. Not ideal if you are transporting illicit goods, cash or weapons.

What John Elam does have is a burning sense of injustice. It will never leave him. Why else, nine years after he was released from prison would he still be battling the police and the criminal justice system, spending whatever money he can raise on lawyers, trying to clear his name. The reader is invited to draw their own conclusion from that and look out for the follow-ups to this article which will appear in the coming weeks. This is a story that will run and run.

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Alex Sobel, MP for Leeds North West

APPEAL: If any retired or ex-West Yorkshire Police officer wants to come forward, anonymously or otherwise, with information that may assist in answering the questions still posed by this troubling case, they are asked to contact, in complete confidence, the office of John Elam’s MP, Alex Sobel. The Member for Leeds North West has been assisting Mr Elam, particularly with disclosure issues, for the past eighteen months. He has promised efforts will be made to secure a second adjourment debate in order to fill the gaps from the first one six years ago. They are, however, difficult to come by and Alex has not been at all lucky in the ballots that take place when pursuing other issues on behalf of constituents.

Alex secured a resounding victory at the recent General Election, securing a third term in office with a substantially increased majority. Very much against the trend for the Labour Party. John Elam, as a constituent campaigned strongly amongst his family, friends and associates for an elected representative he holds in high personal and professional regard.

 

Page last updated at 1650hrs on Saturday 11th April, 2020.

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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, with appropriate and specific direction to the original content.

 

 

Cost of GMP’s disastrous IS Transformation Programme rises to £80 million

Greater Manchester Police (GMP) is the UK’s fifth largest police force, with over 7,000 officers, and around 3,000 civilian staff, whose mission is to ensure the safety and security of a diverse local population of over 2.5 million people, spread over 11 Divisions (plus 6 City of Manchester sub-divisions), 10 specialist units and covering an area close to 1,300 square kilometres.

In 2010, GMP began a near ten-year journey that would see their out-dated computerised crime databases and paper-based systems, including the Operational Policing Unit System (OPUS), and an older system purchased from Northumbria Police, replaced with a new multi-million pound installation that is now widely dubbed as iOPS: An acronym of Integrated Operational Policing System.

Or, less generously, ‘iFLOPS’. The name given to a closed Facebook group where reports of the new system’s many failures could be posted, without fear of reprisal from GMP’s feared Professional Standards Branch (PSB). iFLOPS attracted an astonishing membership of over 1,400 GMP officers in just over two days. A large number of posts revealed genuine fears that lives could be lost whilst iOPS remained in its present dysfunctional state.

OPUS was introduced in, or around, 2004 and has, for the moment, been retained as a read-only database to cover intelligence gaps or inputting errors within iOPS.

The new system would accommodate the force’s ambition to have every front line officer equipped with mobile devices that can link directly with its data and also integrate seamlessly with body worn video footage taken at the scene of incidents. This film would later be used to support prosecution of alleged offenders. The mobile devices would all have eight core policing applications (apps) installed, together with such as Google Maps and Outlook email. Elimination of duplicate entries is said to be a key feature of the new technology.

This critical new capability gives officers the tools and information they need at street level. More crucially, they can, in theory, access and update databases, including the Police National Computer (PNC) whilst out on patrol. The estimated £10.7 million cost was additional to the iOPS software purchase. £1.8 million was paid for the devices the rest was spent was to be spent on training, the policing apps, airtime and data use.

Other forces using the same mobile systems include the Police Service of Northern Ireland; an East Midland collaboration between Derbyshire, Leicestershire, Notts and Northants; Kent Constabulary and Essex Police.

By any measure, conversion to iOPS and the introduction of the mobile devices was an ambitious change project for GMP and forms part of the force’s wider Target Operating Model (TOM).

A version of iOPS is presently in use at four other police forces, including the Metropolitan Police Service and South Wales Police, which was the first to successfully deploy the ControlWorks system in 2015. A comprehensive, easy to follow overview of iOPS can be read here. On paper, at least, it looks highly functional, effective and efficient.

In September 2013, two senior GMP officers, believed to be the then chief constable, Sir Peter Fahy, and one of his assistant chiefs, Garry Shewan, reported to Tony Lloyd, at the time the police and crime commissioner for Greater Manchester, that the contract for a £30 million overhaul of GMP’s computer systems should be given to professional services giant EY, formerly Ernst and Young, without inviting rival contractors to bid for the work.

By that time, EY had already been paid £300,000 by GMP for preparatory work to scope the merits of introducing a single new system, which would unify the existing GMP databases, transfer them to a virtual infrastructure (Cloud), and allow officers to access key information whilst out on patrol or responding to incidents.

In the event, the PCC couldn’t countenance such a large contract being effectively handed to a single favoured contractor and, quite correctly, ordered that the project be put out to tender:

“GMP needs to have an IT system that is fit for the 21st century. The current system is in need of radical overhaul.

“In the current financial climate, a major piece of investment like this has to be done correctly – failure is simply not an option [Emphasis added].

“Following the initial scoping work that has been done by EY, a delivery partner now needs to be appointed to work with GMP to drive this project forward.

“I’ve decided that the right thing to do is to appoint that partner organisation through a competitive tendering process. This demonstrates transparency and also allows us to test the market so that the system developed will not only represent best value for money, but is also of the highest quality.

“An open [tender] process also minimises risk to the project of delay by legal challenge and enables us to see how we can work in partnership with industry experts to develop a system that will equip GMP to provide the best possible service to the people of Greater Manchester.”

GMP now say iOPS is part of a wider information services transformation programme initially budgeted at £60 million: Double the original figure of £30 million approved by Mr Lloyd.

The software designer who succeeded in the tender process is the Capita Group, and consultants appointed to manage the installation were, indeed, EY, who had, of course, already carried out the scoping work. It is reported that GMP commissioned the ControlWorks and PoliceWorks elements of the trademarked Capita system. The status of the EvidenceWorks part of the system in GMP is not known, at present. This usually involves, at the very least, replacing ageing and increasingly unreliable two deck tape recorders with digital devices and associated technology.

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In its promotional materials, Capita boasts that it has been a supplier of mission-critical solutions to law enforcement agencies for over 30 years – and works closely with clients to support evolving operational requirements and future business needs in policing, namely; providing mobile access to data for responding officers, data sharing with partners and truly multi-channel, two-way communication links between the force and the public.

Capita’s portfolio, they say, directly addresses core policing needs to deliver a public-facing, locally-based, modern and intelligence-driven service. Capita’s products and services are proven to help reduce operational risk, deliver a better service to the public and increase the effectiveness of operations.

But during the present iOPS crisis in Greater Manchester Police not a single word has been heard from their company about what have been described in the local press as ‘catastrophic’ failures. Enquirers are directed to GMP statements on the topic.

The relationship between Capita and GMP dates back many years, with GMP being the first force in the UK to outsource support for Airwave (the now outdated national police radio communication system) to a third party supplier. The two organisations, they say, developed an excellent working relationship over the years and built a strong, trusting partnership. The Capita team is based on site at GMP’s radio workshops to enable them to work closely with force employees and officers. As part of this service, Capita provides mobile radio engineers who are deployed when required to support vehicle radio incidents. Technical advice is also provided for hand-held and vehicle radio assets, and control room first line enquiries. GMP’s control rooms are also supported by a 24/7 regional field service team.

The police’s project leader for the IS Transformation Programme was Assistant Chief Constable Garry Shewan; assisted at that time by Chief Superintendent Chris Sykes (pictured below), since promoted to assistant chief constable, project leader and lead spokesperson. Another key member of the IS team is Assistant Director, Bill Naylor, involved in the programme at a senior level since 2011 and leading teams of up to 95 officers on associated projects. The officer responsible for delivery of training was recently retired inspector, Richard Easton. Unusually, there is no operational codename for the project, according to GMP’s press office.

 

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Assistant Chief Constable Chris Sykes

Details of the IS Transformation Programme tender process, via open source, are sparse. There did not appear to be any media coverage of the outcome. A copy of the contract award, dated 25th November, 2015 can, however, be read here. But, apart from naming the four successful project ‘partners’ (Capita Secure Information Solutions Ltd; Accenture Ltd; Intergraph (UK) Ltd and Northgate Public Services (UK) Ltd), and giving the values of the lowest and highest bids (£7 million and £25 million) it reveals very little more apart from the fact that the lowest bid was not chosen. The box for ‘the most economically advantageous’ is ticked. There were 14 bids, in total, for the four different contracts awarded. [The sharp-eyed might notice that Intergraph was wrongly referred to as ‘Integraph’ in the Decision Notice].

In May 2017, reportedly a year late, GMP issued a £17m pre-tender to overhaul and transition its data centre services to a virtualised infrastructure. Several potential suppliers were sought to express interest in the contract.

According to GMP’s tender documents, virtualisation techniques were being sourced as a means to transform large sections of the force’s existing infrastructure that is built around ageing in-house technology.

“[The proposed contract] will provide a managed service to support and maintain such services and facilitate the migration of the services to alternative locations if required,” said the pre-tender notice.

“GMP is committed to improving technology to enable staff to work more effectively and efficiently, the IS Transformation Programme (ISTP) have, and will continue to introduce new technology to support core operational policing,

“This includes how users will experience IT as part as their roles alongside building a better IT infrastructure to be more dependable and flexible in the future.”

Enquiries are ongoing to discover the name of the successful contractor and the amount tendered. It is not clear at this stage if the GMP migration to Cloud-based data storage was linked to the wider 43-force Microsoft Azure transformation that now falls under the National Enabling Programmes. For which BT and Deloitte have been awarded lead contracts (read more here).

iOPS was scheduled to go live in November, 2017. Two years after the contract award. The business case for the new system required cost savings to come on stream shortly after that date. By that time it had already been beset with serious issues, necessitating software re-writes. These mainly involved the flawed transfer into the new system of millions of records, stretching back over 40 years relating to crimes, convictions, suspects and victims.

An external audit of GMP’s finances, shortly before the intended launch, warned that the plan to go live with the all the component parts of the new information system, in the same moment, was a high risk strategy. They also noted that the problems already identified were responsible for a budget excess, but GMP was looking to claw back the overspend from the contractors. On-time delivery was central to the force’s cost saving plan.

Grant Thornton wrote to the Chief Constable and the Mayor’s office saying: “GMP has decided to go for the ‘same day’ approach to implementation proposed in the iOps deployment approach and recently signed off by the Organisational Change Board (OCB)”.

“It will be important to ensure that the planning, testing and readiness assessment are robust given the inherent risk of this approach.”

The Grant Thornton report also featured robust advice from an independent IT adviser and consultant, Gerry Pennell OBE, who warned it was ‘critical’ that the system was thoroughly tested, and staff properly trained, before it was launched.

“Given the ‘big bang’ nature of the deployment, and the scale of the impact on GMP’s operation and its criticality, I would counsel that considerable thought is given to ‘operational proving’ before going live,

“I appreciate that there are some real logistical challenges in standing up an effective operational testing/rehearsal opportunity. However, those challenges need to be balanced against the risk of encountering major operational issues when going live.”

Mr Pennell, also expressed concern the force ‘does not have adequate involvement with iOPS from a technical perspective’. GMP had made ‘good progress’ in recruitment but there were still ‘some significant gaps’, he said.

An information systems heavyweight, he is presently retained by both the International Olympic Committee and the Cabinet Office, and is a former IT Director at the University of Manchester.

The concern over remoteness of GMP’s own staff from the IS programme was also echoed by Her Majesty’s Inspector of Constabularies in their 2018 PEEL assessment.

When asked about ‘operational proving’, a GMP spokesperson said: “Prior to launching, we carried out extensive testing to ensure all new systems were usable and fit for purpose.

“We were continually engaged in a range of testing activity throughout 2018 and up to the launch date. It was unfeasible to carry out a live pilot of our new systems for operational and logistical reasons, which is clearly acknowledged and anticipated in the independent advice provided to us.”

There were also dark rumblings at that time, from insiders, about serious data breaches, with unauthorised personnel allegedly able to view the crime records. GMP denied any breach, as a reflex reaction, but the Information Commissioner’s Office was not contacted and no investigation took place.

March, 2018 was mooted by GMP as the revised go-live date, but this deadline came and went and was notable only for the departure of ACC Shewan a short time before. He had given indication of his retirement on 24th December, 2017 in a short message on Twitter; there was no valediction from his senior colleagues, including Chief Constable Ian Hopkins, when he left; nothing in the local press: Shewan just vanished, or so it seemed, with just a Twitter posting on 21st February, 2018 that read: ‘So the day has arrived….these 4 little things (epaulettes, warrant card, name badge) have dominated my life for over 30 years and today I get to hand them back for someone else to enjoy. They physically weigh ounces but without them I feel so much lighter. Thank you my friends for your love and support’.

A very short time after he left GMP, a company was incorporated bearing the name Garry Shewan Consulting Limited, with a retired police officer as its only director (read Companies House records here).

On his LinkedIn profile, Garry Shewan makes the remarkable claim that he is a ‘highly skilled strategic change leader who has led a wide range of transformational programmes including the delivery [emphasis added] of a unique £60million IS Transformation Programme – transforming operational policing, re-thinking the use of data & digital applications, and delivering significant business improvements.’

Set against the facts that iOPS has been repeatedly described in the local press as ‘a disaster’ or ‘catastrophic’ and on television as ‘a health and safety risk both to the public and police officers’ it can be inferred that the core of Shewan’s claims are not true. Not least because the system did not go live until 9th July, 2019, 17 months after he left the force; it is still not ‘delivered’ in September, 2019 and remains beset by serious problems.

Screen Shot 2019-09-03 at 17.37.35

What the Shewan LinkedIn profile does not mention is that he is currently employed by a company that he was actively promoting during his time as a serving police officer, Mutual Gain Ltd. Also a strong proponent of the insidious Common Purpose, he has been absent from Twitter since 10th August, 2018. Two days after the scandal broke on regional television and in the local press. He, again, repeats the claim that he ‘delivered’ the £60 million techology programme in his Mutual Gain bio.

At the end of March 2018, GMP had admitted to the local newspaper that the iOPS budget had been exceeded, but refused to say by how much. The budget figure for the overarching IS Transformation Programme was reported to have increased from £60 million to £66 million. The launch date, they said, was ‘several months away’. 10,000 police officers and staff who had already been trained on the new system were asked to do virtual refresher training as a result of the delay. The ‘bugs and defects’ of November, 2017 had now become ‘data quality issues’, according to GMP.

There was little in the way of further news about the long-overdue launch of the new computer systems until late July, 2019. An article in the Manchester Evening News revealed that GMP had gone live earlier that month (on the 9th). It also disclosed a raft of serious problems highlighted by police officer whistle blowers who had contacted the local newspaper (read the article here). The force said the installation was ‘progressing well’ and there was no risks associated with response, front line officers said its failings were ‘catastrophic’ and they were ‘working blind’.

GMP did concede, however, that there were problems associated with the interface with the Crown Prosecution Service: “We have experienced some issues with regards to processing court case files, however we are working around-the-clock with our suppliers to resolve this as a priority. We have appropriate contingency plans in place while this issue is ongoing, to ensure the administration of justice continues”.

This turned out to be another GMP lie, as criminal defence solicitors and police whistleblowers were still coming forward weeks later to say that GMP’s Criminal Justice Unit was in complete meltdown and 90% of case files were either incomplete or not sent to the CPS.

The nature and extent of the iOPS scandal reached a far wider public on 8thAugust, 2019 when a further MEN article, and a seven minute ITV Granada Reports package that led their evening transmission, appeared within a few hours of one another. Central to the TV broadcast was a leaked email sent to all GMP officers from the rank of chief inspector down to constable. It warned of serious safety risks to officers and the public arising from iOPS failures.

They produced a furious response from the force, and in particular the chief constable, Ian Hopkins, which included an extraordinary, public attack on journalist, Matt O’Donoghue, via Twitter. Hopkins followed that up with a formal complaint to his employers, ITV Granada.

The police chief has since had good cause to regret both as he has come under repeated, and well-aimed, fire from the author of this piece, Neil Wilby, the MEN’s Jennifer Williams, an increasing number of police whistleblowers, and a number of politicians and senior public officials in the region. These include, Anne Coffey who believes the new computer system is putting children at risk. A view later endorsed by every Children’s Director across Greater Manchester’s ten boroughs.

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The default position of CC Hopkins, and the GMP press office, has been to consistently downplay the problems with the new system and infer that the very many police officers who have contacted journalists and whistleblowers, to air their concerns, are either at fault with their own lack of understanding of the new system or are disgruntled trouble causers. In the meantime, the local newspaper published seven articles on the iOPS topic within one month, some of them lengthy and highly forensic. The latest, and most wordy, that summarises most of the matters in issue, can be read in full here.

What was revealed, however, in the course of the tense exchanges between the press and police was that the force conceded that the latest budget figure for the IS Transformation Programme was now £71.2 million. The uplift from £60 million, then £66 million is, as yet, unexplained. The force has also, at the same time, retreated from its position in March, 2018, when they said that the iOPS part of the transformation had exceeded its £27 million budget, and have now repeated several times that it is still within the original budget. Again, that is unexplained.

Insiders have reported that the current overall figure is nearer £77 million than 71, and that the force, in keeping with the overall media strategy, is downplaying the budget over-run.

Towards the end of August, 2019 support for iOPS and Chief Constable Hopkins appeared on social media for the first time, during a period notable only for the complete absence of any mention of the iOPS system on any of the many hundreds of authorised GMP Twitter accounts. A civilian communications officer turned iOPS trainer, Stephen Blades, began attacking the most notable critics of the failed computer system: Journalist Neil Wilby, and police whistleblowers that included Peter Jackson and Scott Winters. Hiding behind the Twitter handle of @TheGourmetGays he derided its critics, and in the case of the latter two, falsely accuses them of being homophobes.

Blades’ take on the crisis is this: ‘Folk [police officer users of iOPS] haven’t got a clue, because they refuse change, refuse to learn, refuse to embrace something that replaced a 25 year old system and basically now feel inadequate. But they also refuse to get more training. It’s that simple’.

On iOPS itself, he is equally emphatic: ‘It’s effective, it’s stable, it works and it ain’t going away. As a Command and Control system it’s phenomenal’.

Given the strident nature of his social media commentary, and his assertion in other tweets that he has worked on the system every day since 2017, some merit has to be attached to Stephen Blades’ current, and very public, estimate of the total cost of the IS Transformation Programme: £80 million.

Blades LinkedIn

What is not explained by Blades in his permanently aggressive Twitter output is how he made the transition from call handler, at the very bottom of the GMP food chain, to being responsible for training 3,000 officers. Especially, as he doesn’t know the difference between ‘learning’ and ‘teaching’.

It might also provide an explanation as to why the quality of the iOPS training, and its delivery, is one of the recurring criticisms of a system that the Police Federation, representing 6,000 warranted police men and women, say is a risk to the safety of all their officers and members of the public.

This is a certainly a story with plenty of mileage left in it. It will be interesting to see whether Chief Constable Hopkins (and Mr Blades) is there to see the end of the journey.

Just as interesting is the prospect of a forensic inspection of the estimates, and actual costs, of the technology transformation. How can a £30 million project in 2013 become an £80 million (and rising) project in 2019, a rise of over £8 million per year?

The man who signs the cheques, Mayor Andy Burnham, cannot say he wasn’t warned of the impending disaster. On 6th August, 2018 three whistle blowers met him at Churchgate House, Manchester and iOPS was one of a number of scandals that serving officer Paul Bailey, and retired officers Peter Jackson and Maggie Oliver highlighted. Burnham has since, after a long delay, contemptuously brushed away the many GMP failings (read more here).

He, too, may not see the end of this particular road as he attempts to explain away his failings to voters in the Mayoral election in May 2020.

The press office at GMP has been asked to confirm the latest budgets for (i) the overarching IS Transformation Programme (ii) the iOPS element of that programme (iii) the mobile device roll-out (iv) the virtualisation of the force’s data stores.

Right of reply has been offered to Stephen Blades and Garry Shewan.

Page last updated: Thursday 5th September, 2019 at 1355 hours

Photo Credits: Capita Secure Information Solutions Ltd and Greater Manchester Police

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

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© 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.

 

Catalogue of policing scandals that shame the two-faced Mayor of Manchester

On 6th August 2018, two retired Manchester police officers, Peter Jackson and Maggie Oliver, and one serving officer, Paul Bailey, met with the Mayor of Greater Manchester, Andy Burnham and the Deputy Mayor, Beverley Hughes. Also present in the Greater Manchester Combined Authority (GMCA) HQ were Deputy Director of Policing, Clare Monaghan and policy adviser, Kevin Lee.

The purpose of the meeting was for the police officers, past and present, to provide extensive disclosures of alleged wrongdoing by the senior leadership team of Greater Manchester Police. Most of those disclosures either directly concerned the chief constable, Ian Hopkins, or could be tracked back to him via vicarious liability or his role as a very much hands-on, directing mind.

When that meeting was eventually brought, after thirteen months of prevarication by the Mayor, he told the whistleblowers that he ‘only had an hour’. He was asked by Peter Jackson, in that moment, if he could quote the Mayor’s position as: ‘You only had an hour to discuss the rape and abuse of kids, the deaths of police officers, the deaths of members of the public, a corrupt police command team etc…’. The response of Andy Burnham was: “No, no no, this is just the first meeting, the first of many”.

But Jackson had formed the distinct view that all Burnham wanted to do, at that time, was to escape the room, escape the meeting, escape the challenges of the three whistleblowers. He really didn’t want to hear what they were saying and, of course, there has been no further meetings between Mayoral team and the whistleblowers, no further discussions. Not an email, a phone call. Nothing.

Beverley Hughes, a long term political crony of Burnham, was upbraided during the meeting, and afterwards, over face-pulling, negative body language and generally dismissive attitude. Kevin Lee played on his phone virtually throughout. Abuse victims and bereaved families will be horrified to hear of such grotesque conduct by those charged with safeguarding them and their loved ones. For his part, Burnham never once challenged their behaviour. Which is a measure of how weak he is behind the public-facing bravado.

Another is the fact that it took Burnham almost nine months before he finally responded to the very serious issues raised in that meeting. Despite, during that time, repeated email requests from the whistleblowers asking what action was being taken over the large amount of information passed over and the numerous ancillary issues raised in the arbitrarily allocated time of one hour.

Peter Jackson has this opening message to the Mayor: “It is clear that you have no desire to properly investigate the whistleblower complaints about GMP’s chief constable, and other senior officers, and no desire to hold him to account for the many scandals and failings that we have brought to your attention. These either directly relate to him, or have occurred in Greater Manchester Police on his ‘watch’.

“How can you defend your actions when myself, Maggie, Paul [and Scott Winters] are all such credible witnesses? We have over 100 years of exemplary police service in GMP between us. We have unrivalled insight into what goes on in GMP, gained from our first hand experiences, from our extensive networks of friends, colleagues and acquaintances built up over all those years. We have information sources that go to every corner and every level of the organisation, yet you are very keen to discount and ignore what we say.

“Maggie [Oliver] is one of the country’s best known whistleblowers; the driving force behind the BBC’s real-life drama series ‘Three Girls‘ and BBC documentary ‘The Betrayed Girls‘. Referred to as emotionally unstable by Sir Peter Fahy when she was a serving officer trying to expose the ‘grooming gangs’ scandal, her character besmirched by his colleagues and, yet, despite that smearing, which continues to present day, she is now a nationally respected voice on child sexual exploitation. Along with Sarah Champion MP and abuse survivors’ advocate, Sammy Woodhouse, she is, arguably, one of the most influential persons in the UK in putting the scandal of Pakistani grooming gangs firmly on the political agenda.

“Paul, a highly experienced serious crime career detective and now in his 30th year of service, was for many years the Chair of GMP’s Black and Asian Police Association (BAPA) and is, again, a nationally respected figure in that role.

“I completed 31 years’ service in GMP, was a senior officer and Head of GMP’s Major Incident Team.

“We are not alone; we are aware of many others who have complained to you about what is going on in GMP. We, personally, have provided you with extensive information and evidence about factual events and yet you treat us with utter disdain. Why is that? Is it that you and the Deputy Mayor are too close to Ian Hopkins?

“I count at least 21 different issues, or what I would describe as 21 scandals, that you catalogue within your response letter. All factual incidents that relate to serious failings and serious misconduct. All that have occurred under the watch of the present chief constable.

“The [alleged] lies, the deceit, the cover ups. the endemic senior officer misconduct, the fact that assistant chief constable after assistant chief constable [Steven Heywood, Rebekah Sutcliffe, Terry Sweeney] has left the force in disgrace, should surely raise serious questions about the present state of Greater Manchester Police, the leadership of the chief constable and the infected culture that cascades down from the top of the force through to the federated ranks. Another, Garry Shewan, did a ‘moonlight flit’ when the sky fell in on the catastrophic Integrated Operational Policing System (iOPS) technology project. Now set to be one of the biggest policing scandals in recent times after featuring as lead story on ITV Granada Reports (view 7 minute clip here).

“Please be assured that myself, Maggie and Paul, assisted by other whistleblowers and former and serving officers, will continue to hold you, Beverley Hughes and Clare Monaghan to account for dereliction in your duties, in failing to hold the chief constable to account”.

Devastating though it is, the statement of Peter Jackson, as one might expect of a renowned murder detective, is carefully and fully documented. The Mayor’s office, by contrast, is becoming notorious for its haphazard record-keeping and absence from its sparsely-populated website of specified information that should be published under the applicable elected policing body regulations. The office is a shambles at every level visible to either the public, or through the keener eye of an investigative journalist.

This is the genuinely shocking catalogue of scandals that were highlighted by the whistleblowers, and contemptuously dismissed by Andy Burnham, in his much delayed response dated 18th April, 2019. The citizens of Greater Manchester, who fund their regional police force, and the wider public with even a passing interest in the safety and security of those close to them, can now judge whether the train and tram-obsessed Burnham is discharging one of his primary functions as Mayor: To hold the chief constable of the region’s police force to account – effectively, efficiently and with the necessary level of rigour.

1. Operation Poppy – an IPCC (now IOPC) investigation into Peter Jackson’s whistle blower disclosures.

(i) Operation Nixon

A senior GMP officer, Dominic Scally, allowed a dangerous violent paedophile to take a child into a house, and remain there for over two hours, whilst under police surveillance, and stopped his officers from safeguarding the child. Officers under Scally’s command were outraged. GMP PSB, directed by senior leaders, took no disciplinary action against him.

At the conclusion of the IPCC investigation, Peter Jackson met with Sarah Green, the Deputy Chair of the Independent Police Complaints Commission, as she was then. He saw her face glow red with embarrassment when he asked searching, but perfectly fair, questions over the outcome she had signed off. He asked, “Would it have been gross misconduct if it had been your son? Would it have been gross misconduct if the paedophile had killed the child whilst police watched?”.  Jackson reports that she couldn’t wait to get out of the room and end the meeting. In much the way that Andy Burnham closed down the whistleblower meeting at GMCA.

(ii) Dale Cregan and the deaths of PC’s Fiona Bone and Nicola Hughes

That same officer, Dominic Scally, who had little, if any, homicide investigation experience, and in full knowledge of his failings on Op Nixon, was placed by GMP Command in charge of the Mark Short murder (Dale Cregan case). Jackson, a very experienced and efficient murder detective, warned at the time that such actions were placing the public and officers at risk. Whilst Scally was leading that investigation, Short’s father and two police officers were murdered. Jackson highlighted the numerous failings in that investigation. He now asks: “Does that not require review, or judicial inquiry, especially given the utterly damning Grainger public inquiry report? Especially, given that two young, female police officers lost their lives? Very arguably, preventable deaths?”

(iii) North West Counter Terrorism Unit

Scally was promoted to Head of Intelligence in the North West Counter Terrorism Unit and in February and March 2017, Jackson raised concerns with Chief Constable Hopkins via emails, about his ability and others in Command of the NWCTU to keep the people of Manchester safe. Within two months Manchester Arena was suicide bombed. A coincidence? Did Jackson have a crystal ball? Was Salman Ramadan Abedi a GMP covert human intelligence source (CHIS) or registered informant, as some informed sources suggest?

ACC Rebekah Sutcliffe and ACC Steve Heywood were the two consecutive Heads of the NWCTU, and both left GMP in shame amidst nationally-known scandal. ACC Heywood the subject of humiliating criticism over Grainger, astonishingly avoided prosecution and yet to face a much-delayed gross misconduct hearing. GMP has primacy for the NWCTU. The problems and scandals that have infested GMP Command have consequently led to dysfunctional leadership in the NWCTU and at what cost? Bearing in mind what the Mayor now knows about his antecedents, the issue of whether Dominic Scally was an appropriate appointment to head up the NWCTU intelligence function is a matter of high public concern. Particularly, given what has followed.

Everything about Operation Nixon, the Cregan investigation and subsequent NWCTU promotions was flawed and, yet, since the Mayor/whistlebower meeting in August, 2018, Scally has, incredibly, been promoted again. He now heads up the NWCTU under the overall command of his long-term ally and supporter, Russ Jackson, a senior officer who had not attained the substantive rank of ACC at the time of his own promotion, and who has failed at the Senior Police National Assessment Centre twice, where necessary competencies are Serving the Public. • Leading Strategic Change. • Leading the Workforce. • Managing Performance. • Professionalism. • Decision Making. • Working with Others. In which of these is Russ Jackson (no relation to Peter) deficient according to PNAC? Can public confidence be maintained in these circumstances, given the legacy issues from the previous NWCTU leadership?

(iv) Shipman body parts scandal

Senior police officers secretly disposed of body parts without consulting the victim’s families in the face of strong objections of the Force Coronial Officer at the time. His protestations were ignored. He was present at a meeting when questions were raised about how they might deal with future requests under the Freedom of Information Act, which could reveal what they had done.  The same Coronial Officer witnessed Simon Barraclough, recent recipient of the Queens Police Medal, suggest that all documentation be burned to stop people finding out what had happened.

“Another shocking example of GMP operating in an unethical, unprofessional and unlawful way; a secretive manner, covering up their actions. Their motives? To avoid negative publicity, reputational damage and, most importantly, avoid damage to their own careers”, says Peter Jackson.

(v) Unauthorised bugging of police premises and Operation Oakland armed robbery incident.

A senior officer at the rank of temporary superintendent, Julian Snowball, bought covert recording equipment via the internet, then (unlawfully) repeatedly entered the office of his Divisional Commander in Wigan, C/Supt Shaun Donnellan, and the office of another senior leadership team member, DCI Howard Millington, and inserted covert surveillance equipment, subsequently and secretly recording months of private conversations.

This behaviour clearly constituted gross misconduct. The ‘spy’ was, however, a crony of ACC Terry Sweeney. Snowball had admitted to Peter Jackson that he was ‘one of Terry’s boys’, treated very favourably as a result and kept his job in the police. The disciplinary investigation was irregular. The outcome was only a written warning, followed by a posting to a detective position he coveted, close to his home.

T/Supt Snowball had almost no front line detective experience, yet was placed as the most senior detective at Stockport. He subsequently headed up a policing operation, codenamed Oakland, where he allowed violent armed robbers to commit an attack on licensed premises that were under police surveillance at the time, and where he stopped his officers intervening to ‘protect the victims’. Snowball also unlawfully changed details on a warrant after it had been granted. This officer was allowed to take a career break without facing disciplinary action, until the whistleblowing disclosures were made to the IPCC.

As rehearsed earlier, Jackson met with the IPCC Deputy Chair Sarah Green at the conclusion of the Poppy investigations. On this particular topic he asked her, “Would it have been gross misconduct if the armed robbers had killed someone in the pub whilst the police watched?”

“As with the Op Nixon questions, I saw her face colour bright red. She didn’t answer the question”.

The IPCC returned the bugging incident disclosures to GMP and, Jackson asserts, didn’t complete their gross misconduct investigation.

In his April, 2018 letter dismissing the disclosures of the whistleblowers, Mayor Burnham relies on the thoroughness of the IPCC investigation to give GMP a clean bill of health regarding the bugging and armed robbery incidents. Yet appears to have forgotten that he was a ferocious critic of the same IPCC over their Orgreave investigation, carried out in much the same timeframe (read more here). Burnham also overlooks the fact that Jackson was the whistleblower, a very experienced and highly regarded murder detective, and is a first hand witness.

Conversely and perversely, the IPCC deployed inexperienced and unimpressive officers with no recognised detective credentials (PIP1 or PIP2). As one might expect, Peter Jackson takes this unvarnished view: “As an organisation, they do not know how to secure evidence, or how to investigate senior police officers impartially. They act with deference to them. The IPCC’s Senior Investigating Officer was Dan Budge, taking over from a deputy position whilst the original SIO was on sick leave. He was a very inexperienced investigator who had to admit to me he had never prepared a criminal case file, or even been to court. Many colleagues reported back to me about being interviewed by very young, new to the IPCC, investigators. One witness, a very experienced DCI, told me he actually had to show the IPCC investigator how to take a witness statement.

There is in existence, of course, as now revealed in a front page article in The Times newspaper, a tape recording of Chief Constable Ian Hopkins, at a meeting with other senior GMP officers, saying he thought the IPCC were ‘abysmal and incapable of conducting a thorough investigation’ yet ironically both Burnham and Hopkins now rely heavily, and frequently, on ‘the IPCC have conducted a thorough investigation’ to defend themselves and the failings of other members of the GMP Command Team.

Irrespective of the well catalogued and wider inadequacies of the IPCC (now IOPC), the incidents they investigated still happened. Reflecting badly, and bringing shame and substantial reputational damage onto both Greater Manchester Police, the Mayor’s office and the wider police service.

2. The questionable purchase of ACC Heywood’s house by the Police and Crime Commissioner.

The background to this complaint is the purchase of Steven Heywood’s house on the perceived threat that a small-time criminal, who went on to murder two police officers, was going harm him. The whistle blowers assert, with confidence, that the alleged threat to ACC Heywood’s house was, at its highest, temporary; it only came to light after Cregan was in prison on remand. He was held as a Category A prisoner. When spoken to in prison by psychiatrists, and other specialists, Cregan said he had gone to Bury Police Station to look for ACC Heywood, and to shoot him as he was angry about the harassment and treatment of his family. He had seen Heywood on the news as the figurehead of the investigation. ACC Heywood however had no connection to that station and Cregan soon realised it was a pointless plan. As he had no idea how to find him, he decided ‘just to kill any cops’ instead. That led to the murders of Nicola Hughes and Fiona Bone, following which he handed himself in.

The threat to Heywood had been momentary. It was not a real or present danger at the time of the house sale. The supposed threat was hidden from the purchasers of the house who were, understandably, outraged when they discovered the truth. The expenditure hidden in subsequent police accounts.

The ‘briefing’ relied on by Andy Burnham to exonerate the GMP Command Team, and ex-PCC Tony Lloyd, was provided by those with a clearly vested interest. The actions surrounding the Heywood house purchase would not stand up to the slightest external scrutiny and have not been properly investigated. The superintendent in charge of GMP Covert Policing told the Command Team at the time that, ethically and professionally, they couldn’t do what they were doing with the house sale and purchase. Burnham’s willingness to accept, at face value, anything told, or provided to him, by GMP Command highlights his lack of desire to investigate matters, robustly, independently and thoroughly, to establish the truth and properly hold CC Hopkins to account.

3. Incident involving ACC Rebekah Sutcliffe at the Senior Women in Policing 2016 Conference – ‘Titgate’ or ‘Boobgate’

ACC Sutcliffe was drunk at the event, and bullied, harangued a junior officer over a lengthy period – and then publicly exposed one of her breasts. That is well rehearsed in the public domain. But the extent of her drunkenness, perhaps, less so; she was very highly intoxicated.

It was a national event to highlight and promote the work of senior female officers in policing. Sutcliffe’s actions brought huge negative publicity, discredited the event and brought shame on herself and GMP.

Chief Constable Hopkins was present on the night and saw the increasingly drunken behaviour of his Command Team colleague. He failed to take charge of the incident and, instead, left early, leaving a junior officer to attempt to deal with Sutcliffe.  His failure to take control of the incident, and deal with the matter himself, could be argued as a lack of moral courage and necessary leadership. What cannot be argued against is that his inaction subsequently led to what was very widely reported as the ‘Titgate’ or ‘Boobgate’ incident in the media.

This was in the early hours of Sunday morning, she reported for duty that morning at Police HQ as duty Gold and, of course, Head of NWCTU. She cannot, conceivably, have been fit for duty. Hopkins must have known this by the state she was in. Yet, he did nothing.

Hopkins was, subsequently, made aware of what happened after he left the event – and was going to do nothing at all about the incident. No sanction against Sutcliffe, not even ‘words of advice’ for conduct that, on any independent view, was gross misconduct. He, eventually, had to take action when details of the incident was revealed on several social media platforms, one week later, and picked up from there by alert newspaper reporters.

ACC Sutcliffe should have been dismissed for gross misconduct. The fact that she wasn’t appears to be connected to an investigation carried out on behalf of Hopkins, by Durham Constabulary, that did not, seemingly, go where the evidence should have taken them. Other incidents, at least one where excess alcohol, and abuse of her rank, was a feature at another high profile event, and Sutcliffe had discredited the force. There was no finding by Durham that Hopkins was largely responsible for the escalation of the incident at the women’s policing event, after the point when he should have ordered Sutcliffe off the hotel premises, ensured her access to alcohol was cut off, and denied her access to police premises until she was sober. A point not lost on the Chair of the subsequent disciplinary hearing, Rachael Cernow QC.

After the disciplinary hearing, Hopkins said Sutcliffe was undeployable in GMP and she was subsequently placed into a senior position at Oldham council on secondment, funded by GMP, later taking the job full time on a salary in excess of £120,000. More than she was paid as a police officer.

This ‘rewarding’ of an ACC for gross misconduct is something not lost on the rank and file, and it is why the GMP Command Team are held in such contempt by many of the officers they lead.

The investigation report following the Durham investigation into Sutcliffe has never been published, despite the massive public interest in the matter.

4. Child Sexual Explotation, Operations Augusta and Span, Pakistani Grooming Gangs.

Now one of the most respected commentators and authors on child sexual exploitation, former GMP detective, Maggie Oliver, very recently heard from the Burnham CSE inquiry for the first time in well over a year. She has little confidence in either the Mayor, those involved in it, or the process itself.

She says, with justifiable force: “I spent several hours talking to the Burnham Review team in 2017, and made it crystal clear to them that as the only senior officer still in post who had failed CSE victims in 2004/5, when he was head of GMP Child Protection Unit, I considered that the buck stopped with Steve Heywood – and he should be held accountable.

“Unsurprisingly the Review team chose not to to speak to him about the disclosures I had made and allowed him to retire unchallenged, over a year later. This is a complete disgrace.

Maggie concludes: “Judgement as to what their findings will be is reserved, as I haven’t yet been given sight of the full Review and no date has been given for publication”

The last ‘deadline’ for publication of the Review, emanating from the Mayor’s office, was ‘end of March, 2019’. At the present rate of progress, Spring 2020 looks a reasonable guess. An agonising, and unnecessary wait for victims, witnesses and campaigners.

In Peter Jackson’s disclosures to the IPCC, he alleged that [Name redacted], GMP’s Force Review Officer at the time, had re-written, or was a party to the re-writing of a critical report that reviewed GMP Command’s approach to CSE in Rochdale. It is alleged that process involved nine separate revisions, after the original authors refused to amend their report. The Review Officer’s brief from senior officers was to cover up the criticisms and initial findings, which had reported that GMP had prioritised volume crime over the rape and abuse of children. It has emerged that at least one other senior female officer, [Name redacted] was involved with what might best be termed as historical revisionism.

As Maggie Oliver explains, ACC Heywood was again involved in another dreadful scandal. Interviewed on TV, he denied there was a cultural issue at play in the grooming gangs phenomon.

Jackson has offered to provide, in confidence, details of witnesses to this grotesque ‘cover up’ who can assist the Burnham CSE inquiry. But is still waiting to hear from the Mayor, or the inquiry team, so that the necessary protections can be put in place and arrangements made for an Available Best Evidence (ABE) interview.

5. Inappropriate relationship between ACC and junior officer.

ACC [Redacted] was the senior officer involved in the inappropriate relationship. The other officer involved was Temporary DI [Redacted]. Her husband, [Redacted] was at that time a temporary DCI. He had just failed his promotion assessment in GMP to substantive chief inspector. He kept his own counsel, didn’t create a fuss and then succeeded in gaining a double promotion to Cheshire Police, jumping two ranks to become a detective superintendent. Thus enabling a departure from the Force and avoiding embarrassment all round in the workplace. Ms [Redacted] was promoted to inspector during the currency of her relationship with ACC [Redacted].

The relationship was known to a large number of rank and file GMP officers and, again, contributes to their very negative view of the Command Team. The Mayor was invited to make a short phone call to CC Hopkins to confirm the facts, ask why this situation was tolerated and to enquire into the merits of the promotions, as opposed to their personal, or political, expedience. It appears that, from his written response to the whistleblowers, Andy Burnham has opted not to do so.

6. Complaints referred back to GMP by IPCC rather than be subjected to external scrutiny.

Following earlier whistleblower disclosures to the IPCC (now IOPC), there were several incidents referred back to GMP for investigation, including the cronyism, nepotism and promotion scandals, the Cregan investigation and a Major Incident Team being called out to deal with the domestic incident involving Supt [Name Redacted] (see para 10 below).

Andy Burnham in his assessment of more recent whistleblower disclosures makes no reference to GMP or what actions may, or may not, have taken on these matters. Peter Jackson asserts that Burnham’s willingness ‘to be satisfied’ that matters have been concluded, without any independent investigation or scrutiny, simply highlights his lack of desire to lift the stones and scrutinise the many misconduct, leadership failings and properly hold the chief constable to account.

7. The Metropolitan Police Peer Review of GMP PSB

It is, by now, well rehearsed that Ian Hopkins misled his officers, and the public, by purporting to have commissioned an in-depth investigation into GMP’s Professional Standards Branch by the Metropolitan Police Service. This was in response to numerous complaints and repeated negative media stories about GMP PSB. The so called six-week review consisted of a visit to the Force by four Met officers and was completed within 24 hours.  The senior officer in that group described his role as a ‘critical friend’ of GMP. None of the issues raised about the alleged PSB corruption were investigated or even lightly addressed. Or even discussed in the pre-planning for the visit. The Met involvement was nothing more than a ‘tick in the box’ exercise that Hopkins could point to and say, ‘Well, the Met have been in and scrutinised PSB. They found nothing wrong’.

Journalist Neil Wilby has investigated this scandal via a number of FOI requests and reported extensively on it. Read more here.

Post peer-review, the scandals surrounding GMP PSB and its closely associated Legal Services Department continue, Peter Jackson claims he is a victim, as does DC Paul Bailey, retired Inspector Scott Winters and a host of others. Jackson describes GMP PSB as “the Command Team’s Praetorian Guard, there to protect senior officer reputations, limit reputational damage to the force, cover up and shut down damaging complaints and pursue, vendetta-style, those who seek to challenge and expose failings within the force”.

8. Operation Holly

Holly was a five year investigation into money laundering, and a serious organised crime group which included one of Manchester’s most infamous criminals, the now deceased Paul Massey. ‘Mr Salford’, as Massey was known, was murdered by a hitman from a rival gang. A strong evidential case had been built up during that period. Numerous reports, and specific allegations, of senior GMP officer corruption were also received by detectives during the investigation. The money laundering against the serious criminals was, subsequently, dropped and no charges were brought. All the detectives involved on the case were outraged by the senior management decision to abandon the investigation and prosecution.

The total costs of the investigation are estimated at £10 million. Peter Jackson knows all the officers on the case. It is common knowledge amongst those officers that the case was dropped because the prosecuting counsel had informed GMP Command Team that the case could not proceed unless all the corruption allegations were fully investigated. GMP Command chose to drop the case, rather than investigate the allegations against its own officers. This, by necessity, would have involved another force or the National Crime Agency.

The Times newspaper has reported on this matter, extensively, and called for an independent inquiry into GMP. (Read more here). Despite very serious corruption allegations being received against senior police officers, the Mayor and his Deputy allowed GMP to investigate itself which rode against the Police Reform Act and Statutory Guidance (and natural justice). The investigation was only requested by Burnham and Hughes after Jackson had raised the issue and The Times had reported on the case.

Jackson concludes: “You (Burnham) repeatedly rely on briefings by the chief constable, and investigations into itself by GMP, to give the force a clean bill of health. Such actions clearly lack integrity or transparency and are, quite frankly, shameful”.

9. Incident during DC Paul Bailey Employment Tribunal proceedings involving alleged malpractice by a GMP lawyer

Peter Jackson was contacted by a witness who asserted that a GMP solicitor [Name redacted] sought to have the Senior Investigating Officer in Operation Holly make a false statement about Detective Constable Paul Bailey in support of GMP’s defence at an Employment Tribunal Hearing brought by the serious crimes detective.

DC Bailey was present when the whistleblowers met the Mayoral entourage in August, 2018. In the months that followed the meeting, not one single member of  Burnham’s team, or the Mayor himself, made any further contact, sought to conduct any further enquiries or launched an investigation into this matter. This is not an isolated incident. says Jackson: “Several others have raised similar issues with you (Burnham) concerning alleged criminal conduct, or alleged gross misconduct, involving GMP PSB and/or Legal Services”.

In Burnham’s response letter, eight months after the only meeting with the whistleblowers, he says he will take appropriate action if the name of the witness is supplied. He offers no protection for the witness, or explanation as to how his/her anonymity would be preserved, fails to disclose whether a severity assessment has been conducted, does not reveal how the matter would be investigated and, particularly, if this would be another police force, statutory body, or member of the Bar or judiciary, rather than GMP, leading it.

The actions, or rather inaction, of Burnham and weak, defensive response to the entirety of the Jackson whistleblower disclosures, and those of others, have engendered genuine mistrust. The perceived closeness of his relationship with the chief constable, and lack of desire to thoroughly investigate the Force does nothing to undermine that proposition. The whistleblowers say, perfectly reasonably, that they need concrete assurances before putting their witness at risk of reprisals from the GMP Command Team.

10. Major Incident Team attending domestic dispute between Superintendent and wife

A Major Incident Team was deployed to deal with a domestic incident involving Superintendent [Name Redacted] and his wife. The domestic argument arose around the allegedly prolific extra-marital sexual activity of the senior officer, involved threats from his wife to go to the media, a scratch on Mr [Name redacted]’s finger, the arrest of his wife for common assault and the search of her home address. The MIT Team was deployed at the request of senior officers. Peter Jackson has spoken to the elite officers who were turned out on the night and, as a result, has extensive knowledge of the incident.

Jackson says: “Why wasn’t this incident dealt with by neighbourhood police? Why was a murder team turned out? How could a search of premises be justified? Who authorised the arrest of the wife? Which senior officers were involved? I know; the ones who run as a thread throughout my disclosures. It is an abuse of powers and authority. A grotesque misuse of police resources”.

“This incident provides yet another window into the broken and rotten cultures at play in GMP. The secrecy, cover ups, lies. The cronyism, the cliques, the misconduct. the wrongdoing. The two-tier system of response from the Professional Standards Branch: Those well connected are treated favourably, wrongdoing overlooked, their actions minimised, examples include Rob Potts, Dominic Scally, Julian Snowball, [Officer involved in DV incident – Name Redacted]. Whereas those not in cliques, not well connected, or who have invoked the wrath of Command are dealt with disproportionately. Examples include John Buttress, Mo Razaq, Rick Pendlebury (both high profile with mass media coverage), Paul Bailey, Scott Winters, Clara Williams, Maria Donaldson, Lee Bruckshaw and myself”.

“Chief Constable Ian Hopkins is well aware of all these matters and I also provided this same information to the IPCC. They returned it to GMP to investigate themselves.

“What has happened since? Nothing”.

11. GMP Professional Standards Branch (PSB) – Group think, toxic, defensive culture.

Over the past few years, there has been many negative news stories and TV broadcasts featuring the troubled and widely derogated PSB. Alleged witch-hunts against such as Chief Inspector John Buttress, Inspector Mo Razaq, Sergeant Rick Pendlebury, Chief Inspector Clara Williams, Chief Superintendent Lee Bruckshaw, Chief Inspector Maria Donaldson, Detective Inspector Andy Aston, Detective Constable Paul Bailey, Inspector Scott Winters, Inspector Laura Escott, Superintendent Jane Little and, of course, Peter Jackson, to name but a few, have also sapped morale within the force and public confidence in those running it.

For example, the grotesquely disproportionate response, expenditure and resources deployed over the John Buttress case, on any independent view, was an outrage. Especially when other misadventures, many much more serious, are deliberately minimised, or dispensed with, by the same PSB. It spawned a BBC Inside Out programme, produced by Neil Morrow and presented by the late and much lamented Dianne Oxberry, and Judith Moritz, that embarassed and enraged the Command Team (view programme here), as did a similarly explosive BBC File on 4 broadcast, extraordinarily titled “Bent Cops”.

Similarly, the resources and seemingly bottomless public funds deployed against Rick Pendlebury was another outrage. Operation Ratio spawned numerous employment tribunals all of which GMP lost. against the investigators and investigated. Jackson asks with considerable and justifiable force; “How much has it cost in legal fees defending the claims and in damages paid out? How much did the Op Ratio investigation cost? This case is a scandal. All for a £25 shoplifting incident. How many hundreds of thousands or millions of pounds has Op Ratio cost? As clear an example of a vexatious, obsessive, oppressive response, from within a police force, as you would find. Accompanied, of course, by reckless spending of huge sums of public money”.

Concerns over Paul Bailey’s case is referenced above at para 10, and recent disclosures by Scott Winters, to the IOPC, are alarming. With PSB officers, aided and abetted by senior officers and legal services, prepared to falsify and/or delete records in order to advance their case in tribunal proceedings, or subsequently seek to defend those actions when later challenged. Yet another case that warrants an urgent independent criminal investigation.

12. Victimisation of Peter Jackson as a police whistleblower

Peter Jackson has this to say about his own experiences:

“I suffered victimisation, was investigated by PSB and secretly referred to the IOPC for my involvement in detecting the perpetrator who assaulted, and nearly killed, my son in Manchester city centre. Did my actions warrant disciplinary investigation, and referral to the IPCC (now IOPC), simply because I expressed my disappointment at having to find evidence myself to identify the serial violent criminal, following a neglectful police investigation.

“Complaints about my treatment following my son’s assault were whitewashed by GMP PSB.

“The adverse referral to the IPCC was uncovered inadvertently, via a data subject access request surrounding my whistleblowing, This contrasts sharply with many other much more serious misconduct, or criminality, that is not referred to the watchdog. Even when there is a mandatory requirement to do so.

“What I allege to be subsequent victimisation and constructive dismissal, at the hands of Russ Jackson, Rebekah Sutcliffe, Ian Pilling and Ian Hopkins, is now the subject of Employment Tribunal proceedings against GMP. The listing of the hearing of the claim has now been delayed until April 2020, almost three years after it was lodged. GMP Command having employed their usual obstructive, underhand and delaying tactics, for the past two years, using the public purse as a bottomless pit.

“And what of the serious consequences for the high-profile Operation Leopard investigation which I had been leading at the time? The negative impact my treatment, and departure from the investigation, had on bringing the leaders of two of Manchester’s most dangerous and violent organised crime groups to justice?

“I had made a major breakthrough, as reported in the media (read more here), arresting the leader of the notorious Salford A Team, equipped with a loaded firearm, and stopping him killing the leader of the rival Anti A Team. Both major targets for GMP. The case against Stephen Britton, who was caught red handed, was dropped after my premature departure from the force.

13. Morale and staff survey

Peter Jackson was ‘tipped off’, by one of his many reliable sources within the force, about a visit to the Mayor’s office by Ian Hopkins, and a Professor from Durham University, with the results of a GMP staff survey the chief constable had commissioned. The survey was weighted towards new recruits, excited at joining the police and with few, if any, negative experiences of ‘the job’ in their early months of service. It gave Hopkins and the Command Team the results they wanted. An improving picture of morale.

“It doesn’t reflect the true landscape and the contempt in which the Command Team are held by many rank and file officers”, says Jackson. “A picture those longer in service have gleaned from seeing repeated senior officer misconduct and misapplication of resources”.

“For example, ACC Sutcliffe exposed for ‘Titgate’, keeping her job despite being found guilty of gross misconduct, then being rewarded with a better paid job at Oldham Council.

“ACC Heywood ‘retiring’ after being exposed lying, and altering his policy book post-incident, in the Grainger public inquiry. The subject of damning criticism by Judge Teague in his recently released Inquiry report. Heywood went on sick leave the day after he gave evidence at the Inquiry, and never returned to work, costing the taxpayer a six figure sum.

“He was portfolio holder of NWCTU. The force has refused to say who was in charge in Heywood’s absence, at home drawing full salary, when the Manchester Arena was bombed two months later

“ACC Sweeney also receiving damning criticism. having left the Force in shame after the Shipman revelations

“Experienced officers, longer in service, being fully aware of the many integrity questions around the PSB, all the adverse findings at ETs, all the operational failings, are sickened by these scandals. By contrast, new recruits are wide eyed learning the job. They are almost completely unaware of any of the scandals. The survey that Hopkins, and now Andy Burnham, relies upon does not reflect an accurate picture and would not stand the slightest scrutiny.

“Another glaring example of how easily Burnham is hoodwinked by the very officer he is charged with holding to account” Jackson concludes, and not without justification. The Mayor looks, increasingly, as though he is as easily schooled as a fourth form pupil taking lessons from the headmaster. When the roles should, actually, be in reverse. Burnham appears to have forgotten that he has the power to hire and fire chief constables, not constantly suck up to the sub-standard one presently deployed in the Greater Manchester region.

14. Local Policing Review

This new policing model saw the introduction of a different shift pattern; changes to the  neighbourhood team model; the dismantling of the well-established, effective and efficient main office CID [Criminal Investigation Department] function; detectives working with PCSOs; frontline patrol officers reduced to a small number of response officers.

Yet, Andy Burnham claims, in his April, 2019 response to the whistleblowers’ meeting, that he has no knowledge of the Local Policing Review issues and needs evidence of its alleged failings. This recent article in his local newspaper might give the hapless Mayor some clues (read more here)? The headline is a give away: “Has Greater Manchester gone soft on crime?”. The reporter centres on how criminals are ‘laughing’ at the police and victims of crime virtually abandoned, even those with compelling evidence, often gathered themselves in the absence of any investigative support from GMP.

The response of the force within that article, by Superintendent Andy Sidebotham, is by way of an obvious untruth about the availabilty, delivery of evidence in a specific case concerning a £10,000 caravan theft. Filmed in its entirety by the victim’s own CCTV and published on the newspaper’s own website just four days after the incident. Weeks later, Sidebotham claims that none of the three emails sent to the force by the victim, and bearing the CCTV file, had been received and, presumably, no-one in GMP’s Salford Division reads the Manchester Evening News.

Peter Jackson expresses his incredulity over Burnham’s response to the LPR crisis: “Surely as Mayor, and surely your Deputy, statutorily charged with setting the policing plan and budget, are fully aware of the Local Policing Review? A model that has been an unmitigated disaster and I simply cannot believe you have not been briefed on its failings by the chief constable in your regular meetings”.

He continues: “Over the years I saw lots of unnecessary changes brought to GMP, with many millions of pounds wasted on vanity projects by senior officers trying to advance their careers. However, none more so than CC Hopkins signing off the LPR model.

“In the whistleblowers meeting with the Mayor, I described the changes to CID as tantamount to corporate vandalism and seriously undermining the investigative capabilities of the police force. And at what financial cost? How many millions to implement all the changes?

Jackson concludes with another broadside: “The result – a system that doesn’t work and after years of trying to force a failing model to succeed we now have acceptance of reality and Operation Ergo is seeing the return to the policing model we essentially had in the 1980’s”.

15. CC Ian Hopkins ‘lies’ in response to The Times paedophile story.

Following what can only be described as an attempted ‘brushing under the carpet’ of this incident by Deputy Mayor Beverley Hughes, Peter Jackson’s appeal was upheld by the IOPC after assessing her so-called ‘investigation’. As a result, Andy Burnham elected, on advice from the same IOPC, to have the matter ‘independently investigated’. The Mayor, or his advisers, chose to hand it to Durham Constabulary.

This proved to be a controversial choice and has spawned three other articles on this website. Peter Jackson says: “As you know I expressed a vote of no confidence in the Durham Senior Investigating Officer, Darren Ellis, at an early stage, but Burnham allowed him to continue, even though the SIO behaved in a totally unprofessional, defensive, biased, aggressive and belligerent manner”.

“The same SIO harshly exposed in the media over his dealings with the Loughinisland controversy (read more here).

“It, therefore, came as no surprise that the Durham investigation report was a whitewash, reeking of confirmation bias, cherry-picked evidence and a conclusion of ‘no case to answer’ for CC Hopkins. Ellis refused to interview the witnesses I identified and ignored the welter of evidence that demonstrated that CC Hopkins and ACC Russ Jackson, who was involved in drafting the statement, must have known what they said was not true.

“I did, however, note that the report also contained evidence of CC Hopkins having been advised by former PCC Tony Lloyd regarding a previous incident of apparently ‘not intentionally lying’. Repeated ‘accidental’ lying or not telling the truth to the media is certainly not a quality one would want of a Chief Constable, is it?”

16. The Grainger Inquiry

Anthony Grainger was shot by a GMP officer (anonymised ever since as Q9) whilst sat in a stationary car in Culceth, Cheshire in 2012. There were many appalling failings by the police before, during and after the killing.

Through the tenacious, relentless efforts of his partner, Gail Hadfield Grainger, and his mother, Marina Schofield, a public inquiry eventually sat in Liverpool Crown Court in 2017 to hear those circumstances and take evidence from those involved

His Honour Judge Thomas Teague QC’s damning report, published over two years later, can be read in full here.

It is a crushing condemnation of Greater Manchester Police by the Inquiry Chair. Particularly, its leadership and its specialist firearms unit. The report attracted close attention from almost every mainstream media outlet. There is little point rehearsing the catalogue of deceit and operational failures again.

In this instance Peter Jackson simply says, “As far as the whistleblower meeting with the Mayor goes it is a case of ‘res ipsa loquitur’, although if Andy Burnham wants me to point out some of the more damning comments about senior GMP officers from the Inquiry report, which I foretold during our meeting, I would be happy to assist”.

17. iOPS scandal

Presciently, the early failures and alleged cost over-runs of GMP’s were raised in the whistleblower meeting in August, 2018. One year later, almost to the day, it was the lead story on the ITV’s Granada Reports daily news broadast and a full blown scandal has developed.

Once again, Peter Jackson has strong words to say to Mayor Burnham: “I note in your response to our meeting, and my disclosures and complaints about IOPS, you seem to imply all is in order and you even take some ownership of this project, as you say ‘expenditure is monitored very closely and spend agreed… now by me or the Deputy Mayor with advice on the investment provided independent of GMP.’

“I also note in the first MEN article on the subject (read article in full here) it says there has been a ‘glitch’ and cites ‘GMP chiefs’ as saying the system is progressing well.

“The reference to ‘chiefs’ rather than ‘chief’ is interesting, as if it had been in the singular CC Hopkins would be caught in a lie again. Costs are cited at £27 million, but as you know the true figure of the project with implementation costs has to be, in reality, well in excess of an estimate first broadcast over three years ago. What’s more, I have ample evidence from many other police whistleblowers that the system is not ‘progressing well’. It has been a complete and utter disaster.

Jackson continues his attack on the Mayor: “Are you alarmed Mr Burnham? Is that enough of a scandal for you to take action? Live feedback from officers is pouring in. The Police Federation say there is a serious risk to officers and the public.

“Are you concerned about Intelligence System failures? Everyone should know of the dangers of that from the murders of PC’s Fiona Bone and Nicola Hughes committed by Dale Cregan. Most recently, the intelligence failures that were exposed at the Grainger Inquiry. Also, it is well known that GMP officers went to the wrong house and killed the ‘wrong’ Jordon (Jordan) Begley.

“And what of the many other ‘glitches’? Are you waiting for a blue light call to a non-existent job to end in tragedy before you take action?

Conclusion

Peter Jackson’s conclusion on the response to his own disclosures, and those of other whistleblowers, can be summarised thus:

“Margaret Oliver, Paul Bailey and myself are three voices that represent the views and concerns of many other ex-, retired and serving officers.  After the meeting last August, we were, more or less, blanked for eight months by Mayor Andy Burnham, his Deputy, and Clare Monaghan. All three failed to positively engage with us and repeatedly resist taking serious, determined action to investigate our disclosures and complaints. All we have faced is delays, prevarication and been treated as a nuisance. The unacceptable behaviour of such as Beverley Hughes and Kevin Lee in that meeting foretold what came later.

“I would, respectfully, remind you, Mr Burnham, of some of your comments in your House of Commons speech on Hillsborough (read in full here).

  • This is a time for transparency, not secrecy

Let me turn to collusion between police and the media. The malicious briefings given in the immediate aftermath were devastatingly efficient. They created a false version of events which lingered until yesterday.

  • At many inquests today, there is often a mismatch between the legal representation of public bodies and those of the bereaved.Why should the authorities be able to spend public money like water to protect themselves while families have no such help?
  • This cover-up went right to the top.
  • This police force [South Yorkshire Police] hasn’t learned and hasn’t changed.
  • Mr Speaker, let me be clear – I don’t blame the ordinary police officers, the men and women who did their best on the day and who today are out keeping our streets safe. But I do blame their leadership and culture, which seems rotten to the core.
  • One of the lessons of Hillsborough is that there must be no arbitrary time limits on justice and accountability.
  • This is a time for transparency, not secrecy—time for the people of South Yorkshire to know the full truth about their police force.

“I agree, completely, with all the sentiments you expressed. They all apply to GMP today. Yes, it is time for the people of Greater Manchester to know the full truth about their police force.

“It is time that they also knew that their Mayor failed to take action, failed to hold the Chief Constable to account.

He signs off with a very powerful message to the Mayor: “Your failure to tackle the scandal that is Greater Manchester Police is a serious neglect of your public duties and ultimately should, if justice is served, mean that you lose your position as Mayor next May. This great city, and the wider region, deserve much better than you can provide. I, and many others associated with the police, will be actively campaigning against you both on the streets, at hustings, public meetings and on social media”.

Which means that Andy Burnham was right after all about the whistleblower meeting being the first of many. But, perhaps, not in the way he might have envisaged.

Earlier today, (12th August, 2019), senior reporter Jennifer Williams broke the mould of the Manchester Evening News exempting the Mayor and his Deputy from any critisism over failings of their regional police force. In a short, but sharply pointed, piece she sets out clearly and concisely just where she considers the democratic deficit to lie: Squarely at the feet of Andy Burnham and Beverley Hughes (read in full here).

This Neil Wilby piece,  a mammoth 8,200 words epic, might go some way to fleshing out the MEN and Jennifer’s argument.

Other scandals outside the scope of the police whistleblower disclosures

There are a series of other scandals that were not part of the Bailey, Jackson, Oliver (and Winter) disclosures to the Mayor of Greater Manchester. Associated articles have either appeared, or due to appear in the near future. It is a depressingly long list, and reveals a police force so badly run that it, in all conscience, should be placed in special measures by the Home Office and the chief constable served with a Section 38 notice.

As for the Mayor and his Deputy, they should fall on their sword and announce that neither will stand in the local regional elections next May:

(i) Industrial scale breaches of Freedom of Information Act and Data Protection Act.

(ii) Mabs Hussain promotion to Assistant Chief Constable (read here).

(iii) Spying on and reporting disabled protesters to Department of Work and Pensions (read here).

(iv) Chief constable’s behaviour in and outside the courtroom at the Grainger Inquiry

(v) Destruction of weapons, assets following death of Ian Terry. Undertaking signed off by present chief constable, Ian Hopkins. Destruction didn’t take place until at least 2017.

(vi) Death following police contact of Jordon Begley.

 

Page last updated: Wednesday 22nd August, 2019 at 1705 hours

Photo Credit: Getty Images/PA/Huffington Post

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© 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.

Disgraced Durham detective to face further scrutiny

An appeal against the outcome of an investigation into alleged dishonesty of Greater Manchester Police chief constable was lodged with the Independent Office of Police Conduct on 16th July, 2019.

The allegations focus on the truthfulness and nature of a vitriolic, ad hominem public response by Ian Hopkins to an article written in the The Times by Crime Editor, Fiona Hamilton. It centred on GMP’s mishandling of surveillance of a known and active paedophile, Domenyk Noonan, who was also a key player in a serious and organised crime network in the Manchester area (read the background to the complaint and The Times story here).

The investigation report, running to 66 pages, plus a large number of appendices, was signed off by the now retired Durham Constabulary chief constable, Michael Barton. It has come in for withering criticism from the complainant, Peter Jackson, a nationally-known police whistleblower who retired at the rank of temporary superintendent. The core finding is that Hopkins has ‘no case to answer’.

Littered with grammar and spelling mistakes, it mirrors a previously published report authored and signed off by Barton. This was into another largely-failed Durham investigation concerning Police Scotland. It conveys an impression of amateurs doing a professional’s job.

Which begs the question: Why, over the past three years, has a small county force, with very limited resources, been involved in four very high profile ‘outside force’ investigations: Two for GMP, including this one. The other being the ‘Titgate’ scandal, in which the Durham investigation resulted in Rebekah Sutcliffe, controversially, NOT being sacked. The other is the highly vexed Operation Yurta.  An investigation  for the Police Service of Northern Ireland around the Loughinisland massacre, in which PSNI were conflicted over a previous outcome that was found to be corrupt.

Mr Jackson descibes the investigation into his former boss, codenamed Operation Mackan, in general terms, as ‘one of the worst investigations I have come across in a police career that spanned over 30 years, most of which were spent as a front line detective investigating serious crime‘.

His more specific grounds of appeal, as submitted to the IOPC, are reproduced here:

The investigation conducted by Durham Constabulary was not fair, not independent and not objective. The Senior Investigating Officer (SIO), Darren Ellis from Durham Constabulary, whom, despite his status as a civilian officer, conducted the investigation on behalf of the Mayor [of Manchester] refused to speak to or gather evidence from witnesses identified by myself, the complainant.

Mr Ellis was defensive, aggressive, belligerent, sarcastic and antagonistic in his dealings with both myself and those witnesses identified. My complaint had been initially dealt with by the Deputy Mayor Bev Hughes in a very defensive and dismissive manner and I felt that Mr Ellis exhibited confirmation bias from the outset.

The witnesses I identified could provide further evidence in relation to CC Hopkins making [allegedly] untruthful statements previously. Significant similar past behaviour of [allegedly] being misleading and dishonest. Throughout the investigation I have not been properly consulted or kept informed.

The SIO, Mr Ellis. agreed with me at the outset ‘to go where the evidence took him’, but then refused to do this. He has completely ignored the evidence contained within my witness statement. The final report produced is biased, the conclusion of ‘no case to answer’ completely at odds with the evidence provided. The SIO has cherry picked certain information to try to support his conclusions and ignored compelling evidence in doing so. It is essentially a ‘whitewash’ and as the complainant I signalled my concerns at an early stage with a vote of no confidence [in Ellis] to the Mayor Andy Burnham, who allowed the SIO to continue.

“There has been little transparency throughout, and transparency provides confidence and demonstrates integrity, of which there has been none. The Mayor has refused to provide copies of appendices referenced in the report, despite my repeated requests. I would like to see these to strengthen my appeal.

“I have other documentary evidence I wish to submit but cannot attach to this online folder. I will provide them if given a contact name and contact details“.

[The text of the Jackson appeal has been modified slightly to mitigate any complaint or application by Mr Hopkins, prior to final findings being made where dishonesty allegations are asserted, but unproven].

The further evidence referred to by Peter Jackson, in his on-line appeal form, was supplied to the North Casework team at the IOPC’s Sale Office a short time afterwards.

He has not, as yet, been notified of the name of the IOPC caseworker, or analyst, who will assess his appeal. In ordinary circumstances, that would be an officer very much in the lower echelons of the organisation.

The IOPC operates a triage system, but it is not known if the Jackson appeal has been graded as high priority. Given the potential for further reputational damage to the police service, it may be a case they wish to slow this case down rather than speed it up.

To be clear, the police watchdog does not carry out an investigation, or re-investigation, as part of the appeal process. It is largely an administrative, statistical, box-ticking process with an exercise of discretion available. For example, they have the power to order a new investigation, or part of an investigation.

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Given the type of appeal process to be undertaken by the IOPC, a re-incarnation as police watchdog of the highly discredited IPCC, the issue of prejudice does not arise by disclosing the Jackson appeal submissions. The same might not be said about GMP and/or the Mayor’s office leaking details of the Durham investigation to their ‘friendlies’ in the local media, prior to the expiry of the period for lodging an appeal. Which both must have been certain would follow. Or, by giving the chief constable a pat on the back and a new contract before the investigation process was exhausted.

Bizarrely, Hopkins was given the two-year extension to his contract, by Burnham, on the very same day the investigation report was sent to Jackson. In the face of proceedings that are still live and his alleged misdemeanours severity assessed by Barton as ‘gross misconduct’.

A summary of the investigation outcome was, it appears, also given to the Manchester Evening News on the same day. As one has come to expect, their coverage of the investigation, and contract extension, read like a glowing school report and lacked any sense of the appropriate rigour when reporting on a chief constable who staggers from one very serious confidence-sapping crisis to the next, on an almost weekly basis.

Although fronted by Mike Barton, whose recent ‘retirement’ from the police service, also poses more questions than answers (read more here), the Durham investigation, instigated at the invitation of the Mayor, was carried out by a team of three civilian detectives. Led by the now infamous Darren Ellis. The ‘whitewash’ outcome, and the allegedly erratic, partial, deficient, inadequate Ellis investigation that underpins it, was foretold in earlier articles published on this website (read more here). Neither Durham, nor Ellis, have challenged the validity of those articles, despite the latter referring to them frequently.

Since the articles appeared, the Ellis investigative frailties, and notably arrogant, unpleasant demeanour, were ruthlessly exposed at the High Court in Belfast, in a very high profile claim brought against Durham and the Police Service of Northern Ireland by two highly respected journalists, Trevor Birney and Barry McCaffrey. The case, which centred on their No Stone Unturned documentary about the infamous Loughinisland massacre, was covered widely in the national press on both sides of the Irish Sea.

The Irish Times reporting of the unlawful arrest scandal included these quotes, which resonate strongly with what is already known about the Hopkins investigation:

“During the hearing it emerged that Darren Ellis, the officer from Durham who led the investigation, did not appear to have a high opinion of journalism. Barry MacDonald QC, who represented McCaffrey, said the motivation for the arrests could be found in Ellis’s attitude. He said that earlier this year after McCaffrey and Birney held a meeting with Grahame Morris, a Labour MP in Durham, to discuss their case, Morris received a call from someone “purporting to be Darren Ellis”. The caller was “foul and abusive” to his staff and had “ranted” about the MP having met “terrorists and criminals” [referring to Messrs McCaffrey and Birney], MacDonald said.

“The court also heard that Ellis had noted he “had concerns that the obvious networks between the suspects [the two journalists], politicians, the legal community and the journalistic/media representatives [The NUJ] may be complex, challenging and obstructive and thus threaten justice”. [Mr McDonald] described Ellis’s stance as “a staggering proposition” and evidence of the “warped mindset” of the police officer driving the process”.

He went further and said: “Ellis, of Durham Constabulary, was “a man on a mission” against the Ombudsman and investigative journalists, who had “put words in the mouth of a suspect [of the Loughinisland murders]”. The court found Mr McDonald’s submissions, and those of Gavin Millar QC, representing Mr Birney, persuasive – and readily found in favour of the journalists (and a wider free press it must be said).

The warrants for arrests and property searches against the two journalists were quashed. The Durham chief constable was equally culpable as Gold Commander of this catastrophically failed, lop-sided Loughinisland investigation. He apologised publicly to the Policing Board of Northern Ireland (in a televised broadcast from which I live tweeted) but, incredibly, defended the behaviour of Darren Ellis. He also refused, point blank, the request of Sinn Féin’s Gerry Kelly to apologise to the journalists. The abrasive attitude of both Barton and PSNI’s chief, George Hamilton, also now retired, throughout that Policing Board meeting caused offence and upset to the families bereaved by the Loughinisland massacre. As did the fact that Ellis had, apparently, had a meeting with the named chief suspect of the murders and attempted to turn him into a victim of ‘oppression’ by the two journalists.

Chief constable Barton was, of course, also Gold Commander of the Hopkins investigation which was running in tandem with the Loughinisland probe from December, 2018 onwards.

A personal interest in this investigation, and subsequent appeal to the IOPC, is declared, as I was one of the witnesses of fact called upon by Peter Jackson, and named as such in his evidential witness statement. This was based on my extensive dealings with GMP, particularly since Ian Hopkins became chief constable, and the discovery of an apparent culture of dishonesty and cover-up that appears to cascade down from the senior leadership team. Read more articles here.

It is true to say that I was contemptuously dismissed by Ellis, in a manner that has given rise to a misconduct complaint. As were the only two other Jackson witnesses: Paul Bailey, a serving GMP detective, and a retired inspector from the same force, Scott Winters.

The chief constable’s repeated assertion, over which Ellis places great store, of ‘never intentionally lying’ would have been unsustainable in the face of evidence from the three Jackson witnesses.

In an investigation spanning six months, no witness statement was taken from Fiona Hamilton at The Times, either.  The same can be said about a senior BBC employee, closely involved in the Manchester: Night of the Bomb documentary, was also subjected to Hopkins’ particular brand of vitriol, by way of an attacking, and ill-founded, rebuttal of the film’s content and conclusions. He/she was prepared to give evidence to the Mackan investigation, on the condition of confidentiality, but Ellis chose to ignore him/her completely. Yet, one of the two IOPC press officers who gave an account was granted confidentiality. As was one of the GMP press officers.

Nick Hitchens, the duty IOPC press officer on the day, is named in the report. Part of the IOPC evidence included this: ‘The response made by GMP (to the Times article) was personalised and used emotive language from CC Hopkins‘. A nod to the unvarnished, unwarranted and highly offensive attacks on the integrity of Peter Jackson and Fiona Hamilton, by Hopkins. Mr Hitchens told investigators ‘that some of the bits weren’t strictly true, or an interesting interpretation of what happened’. He also complained strongly, and justifiably, that the IOPC had not been consulted on the issue of the press release by GMP, despite events concerning the watchdog being central to it.

Steve Noonan, Deputy Director of the IOPC’s Major Investigations Team, expressed similar concerns when giving his account to the Durham investigation. The claim by Hopkins, and others in GMP, that they were working to a deadline, has no basis in fact.

Evidence was taken, conversely and perversely, from a significant number of GMP officers supporting, and, indeed, shaping, the Hopkins narrative. Other witnesses, whose accounts did not fit, appeared to have their evidence tailored to suit, by Ellis, using only highly selective snippets and, even then, several seemed to have their context fully stretched. Two of those witnesses are actually employed in the IOPC press office, which presents an unusual dilemna as one of their own watchdog colleagues will be assessing the merits of their evidence. Some of which will most certainly impact on the outcome of the appeal.

There is no indication that GMP or Mayoral emails were scrutinised or diaries, day books seized concerning what the police force declared a ‘critical incident’ on the morning of the appearance of the damaging article in the The Times, with all the resource and scrutiny implications that follow. There is not even a simple chronology. Or an analysis of Hopkins’ phone calls or location (he had started the day with breakfast in a hotel in Gateshead). Unless, of course, they are contained within the, so far, undisclosed appendices. The movements of Chief Constable Hopkins are crucial in piecing together what happened on the day in question and either validitating, or undermining, the account he gave to the Durham investigators. Which, essentially, is that he delegated the matter to on-duty chief officer, Assistant Chief Constable Russ Jackson (no relation to Peter). That, perhaps unsurprisingly, differs from the Hopkins account given in the previous attempt to dispose of the complaint against the chief constable. No mention is made of delegation, or ACC Jackson, in the decision letter sent to Peter Jackson dated 21st September, 2018.

During the investigation, it emerged that the complaint history of Ian Hopkins does reveal that he received informal ‘words of advice’ from Tony Lloyd, previously the Police and Crime Commissioner and then Mayor of Greater Manchester, following a Radio 4 interview broadcast in February 2016. A complaint was made on the 8th February that year. As can be seen from his decision letter of 5th May 2017, PCC Lloyd came to the conclusion ‘that the Chief Constable did not deliberately lie on the programme and that he acted in good faith following briefings which he was given’. Lloyd concludes by saying In future, I have advised the Chief Constable to be more thorough in checking briefings provided to him prior to interviews’.

Controversially, Hopkins also misled the public in much more dramatic fashion in November, 2015 when an entire front page of the Manchester Evening News was devoted to a sham statement about an alleged investigation into his own discredited Professional Standards Branch by the Metropolitan Police Service. This was not covered by the LLoyd investigation and Hopkins has, subsequently, relied again on the ‘didn’t intentionally mislead‘ defence. The core of the evidence I will give to the IOPC, as part of their appeal assessment of the Durham investigation, will undermine the chief constable’s position. The Met’s purported robust six-week investigation shrunk to a critical friend peer review. The whole exercise was shrouded in deceit and cover-up.

A local newspaper reported on 20th June, 2019 that Amanda Coleman, the GMP Corporate Communications Director at the time the offending press release was broadcast, was placed under investigation and placed on restricted duties. That was within a week of the Op Mackan investigation report arriving at GMP HQ. It is not known if the two events are connected. A source very close to the force asserts that Ms Coleman has left GMP.

Earlier this year she said on her own well-populated blog: “Police communication has been my focus for 20 years and I remain as passionate about it today as I was when I eagerly arrived for my first day on the job in 1999.

Her Twitter account has been silent since March, 2019 and there has also been a pause in her blogging over a similar period. Which, on occasions, appeared at the rate of one publication per day.

Another huge scandal surfaced in the last days of July, 2019 which impacts directly on the Durham investigation. It is reported that GMP ‘chief officers’ (they are not named) misled the Deputy Mayor for Policing, Beverley Hughes over surveillance of disabled protesters and reports made to the Department of Work and Pensions, by the police, of their presence at rallies. The force press office also did an about turn on the same issue. Having first put out a denial, four months later they reverse that decision. The core point is that the only police officer with legal proximity to the Deputy Mayor is Ian Hopkins with whom she is obliged to hold regular policing oversight meetings. In some forces that happens weekly. It is not known how often these two meet. A more complete article on this topic will appear on this website, presently. But its importance as evidence supporting the Jackson complaint cannot be lightly dismissed.

The controversial Deputy Mayor, found to be untruthful both in her parliamentary days as an MP, and more recently, and relevantly, when the Hopkins complaint surfaced. She did, of course, claim, in writing, to have carried out an ‘investigation’ of her own when the reality was she had done no such thing. The Durham investigation into Hopkins’ alleged dishonesty came about after an earlier successful appeal to the IOPC by Peter Jackson. The watchdog directed Hughes to disclose her investigation report and it turned out there wasn’t one. Her ‘investigation’ had been an informal phone chat with Hopkins, about which there were no records at all.

If the watchdog fudges the appeal and matter reaches the next stage, Peter Jackson is confident that a pre-action application for disclosure, accompanying a judicial review claim form, would succeed. The sharply honed instincts of an effective and highly regarded murder detective also guide Jackson’s view that the annexes to the report will reveal further flaws in the investigation. Which is put forward as the reason why the Mayor, Andy Burnham, through the medium of Deputy Director of Policing, Clare Monaghan, is so keen to conceal them.

Burnham’s conduct throughout this process, which includes the proposterous assertion that his Deputy “acted with the utmost integrity” in the earlier stages of this particular complaint (there has been a number of others) has been utterly reprehensible. To the extent that this, Peter Jackson contends strongly, taken together with complete inaction over a very large number of other serious incompetence or corruption scandals (25 at the latest count), is a resignation issue for the Mayor.

Those reading the follow-up article to this one may well agree with that position.

Andy Burnham, the IOPC, Durham Constabulary and Greater Manchester Police have all been approached for press comment.

The Mayor’s office were asked to confirm if they stand by their decision not to release the full documentation relating to the report and also, if they are aware of GMP policy relating to restricting duties of officers under gross misconduct investigation. It will be a miracle, close to turning water into wine, if any response is received from Mrs Monaghan. With regard to knowledge of the subject policy, extensive dealings with the Mayor’s office has revealed a genuinely alarming lack of knowledge of process, and record-keeping, where GMP is concerned. Mrs Monaghan costs the taxpayer around £170,000 pa for that level of inefficiency and ineffectiveness. She it at the core of many of the oversight failures, including the legacy issues emanating from her time working for the Mayor’s policing predecessor, Tony Lloyd.

Durham press office were asked to confirm whether serious complaints against Darren Ellis, referred by Andy Burnham to chief constable Barton in May, 2019, have been recorded by Durham in accordance with the Police Reform Act, 2002 and severity assessed by way of Police (Conduct) Regulations, 2012. They responsed promptly and suggested that the press request might be better approached via a freedom of information application. In journalist parlance, that very likely means that the complaints have not been recorded, but the force is unwilling to admit that fact.

Darren Ellis has not taken up the offered right of reply. Remarkable for a man who has plenty to say on almost any topic. Most particularly, about himself.

A statement was requested from Deputy Chief Constable Ian Pilling, via the GMP force press office, concerning force policy and the evidence he and ex-head of their Professional Standards Branch, Chief Superintendent Annette Anderson, gave to a recently concluded employment tribunal. Since this article was first published, GMP’s press office has notified the absence from the force of DCC Pilling. It is said that he may provide a statement when he returns from holiday.

GMP has, so far, refused to provide a copy of the force disciplinary policy. They suggested making a freedom of information request. Presently, on the WhatDoTheyKnow website there are unfulfilled requests dating back to February, 2019.

The IOPC has confirmed that they are currently dealing with the appeal, but ‘do not give timescales for their assessment and subsequent publication of the outcome’.

Picture credit Getty Images, Liam McBurney, PA

Page last updated: Thursday 8h August, 2019 at 0625 hours

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

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

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

‘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

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: 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.

 

So I arrested him for something, sergeant.

It is said that renowned explorer Ranulph Fiennes has one stipulation about whom accompanies him on his far flung expeditions.  He is quoted thus: “I would be happy to take anyone on my expeditions, with one exception ….. people from Yorkshire”!  The characteristic Fiennes is, apparently, unable to tolerate is the Yorkshireman’s dourness and refusal to accept they are wrong.

This particular sterotypical characteristic of residents of God’s Own County might well be said of Stephen Bradbury who has recently successfully concluded a series of civil claims against West Yorkshire Police

Having acted as police complaints advocate for Mr Bradbury, since 2012, it must be said that in all my dealings with him he is found to be charming and affable. Also, no-one I know spends more of his own time helping others. A selfless, generous individual, on any independent view. That said, his case history undoubtedly reveals other classic Yorkshire traits; plain speaking, stubbornness and, unfortunately, for West Yorkshire Police an ability to stick to his guns in the face of hostile enemy fire.

Back in 2003, Mr Bradbury had raised concerns with his local council as regards quality and frequency of services to the tax-paying public by Kirklees. Looking back, how prescient those complaints were, as his local council staggers perenially from crisis to crisis. Not content with the council’s response, he attempted to raise issues in public meetings with both paid and elected officials. Unfortunately, Mr Bradbury’s persistence, and refusal to accept nonsensical answers from public officials, and detriment to his businesses, led, ultimately, to him being banned from all Kirklees Council buildings. Including libraries, wedding venues and sports centres.

In response, Mr Bradbury exercised his rights under the Data Protection Act and filed a data subject access request with the Council. In doing so, he discovered email correspondence between senior council officials, including Senior Legal Officer, Dermot Pearson, and another council lawyer who has since passed away, setting out that should Mr Bradbury’s “extreme behaviour” continue, they would take up the offer of Chief Superintendent John Robins, Kirklees Divisional Commander, whom had suggested that Mr Bradbury could be arrested for Breach of the Peace and “locked in a cell for a couple of hours while he cools down”.

Sure enough, a short time after that email exchange, Mr Bradbury, was indeed arrested and locked up for a few hours. He was, of course, released without charge. Robins was recently promoted, for a third time since that incident, and now heads up the force as Temporary Chief Constable, a matter that should concern every law abiding citizen in the county, based on this account. 

It is fair to say that Mr Bradbury, a man of exemplary character, did not ‘cool down’. He was, in fact, incensed by what appeared to be a pre-planned, but unlawful, conspiracy between the police and the council, and was not prepared to take this lying down.

Mr Bradbury decided to make a video film compilation that would chart his experiences with both the council and the police and, as such, appeared outside both council and police buildings, with his camera, taking photographs and filming with purpose, and intent, of exposing the police as (he sees it) “thugs”. This, ultimately, resulted in a YouTube channel being created. It is titled ‘West Yorkshire Police Action‘ and can be viewed here.

In its first four weeks after launch, unheralded, WYPA received over 500,000 views. In the twilight of a successful and varied business career, Mr Bradbury had fallen backwards into successful film production outlet. Over 80% of those making comments were supportive of Mr Bradbury, or critical of the appalling conduct of the officers . This video clip has received over one million views alone. The damage to public confidence in the police service is incalculable:

PC Cook was working for WYP at the time of this incident. He transferred to South Yorkshire Police a relatively short time afterwards.

As retired chief constable Andy Trotter, Communications lead for the Association of Chief Police Officers (now National Police Chiefs Council), advised all other chief constables in August 2010 “there are no powers prohibiting the taking of photographs, film or digital images in a public place.

Unfortunately, that very simple and direct statement didn’t get through to West Yorkshire Police, whose officers took a significant dislike to Mr Bradbury and his perfectly legitimate, commercially successful, if unconventional, film-making activities. Neil Wilby lodged a complaint, in 2013, with the Police and Crime Commissioner against two chief constables, Norman Bettison and Mark Gilmore, concerning their failure to circularise officers about the NPCC’s directive. It was proved that they hadn’t done as required by ACPO, but the PCC, Mark Burns-Williamson, decided not to uphold the complaint and took no action.

To compound matters, Mr Bradbury is aware of his right not to have to answer any police questions, or provide his name and address; a well established principle illustrated by the case of Rice and Connolly in which the then Lord Chief Justice, Hubert Parker, ruled in the following terms: That police had no power to insist upon answers to their questions, or to detain Mr Rice while they checked up on him: 

“It seems to me quite clear that though every citizen has a moral duty or, if you like, a social duty to assist the police, there is no legal duty to that effect, and indeed the whole basis of the common law is the right of the individual to refuse to answer questions put to him by persons in authority, and to refuse to accompany those in authority to any particular place; short, of course, of  arrest”.

And so, over a four year period, between July 2012 through to June 2016, Mr Bradbury was involved in numerous incidents with WYP officers where he was, variously, unlawfully detained, arrested, assaulted, and on one occasion, prosecuted.

It might usefully be pointed out, at this juncture, that Mr Bradbury, as at 2012, was 62 years old, small in stature (5′ 2″ tall) and light-framed.

It is for the police to establish that arrest, and use of force is lawful, and it soon transpired that, on every occasion WYP officers arrested Mr Bradbury (and different officers were involved in all seven incidents), not once could they prove that his detention, or arrest, was lawful. Either because detention and/or arrest lacked lawful authority, or because of the manner of arrest which, invariably, involved violence of varying degrees. 

On occasion, officers sought to arrest but failed, in breach of Section 28 of PACE, to advise Mr Bradbury that he was under arrest, or tell him the reason for the arrest. 

On other occasions, officers did seek to comply with Section 28 and advise Mr Bradbury that he was under arrest and sought to rely upon a variety of offences:  Breach of the Peace, Public Order and Anti Terrorism and yet, on the facts, no such offences had occurred .

One example is what happened on the afternoon of 31st January, 2013 when Mr Bradbury was outside the northern extremity of WYP headquarters, on the public highway, but close to the exit barrier from the car park.

At the time, Mr Bradbury was in possession of a handheld digital camera and a Go-Pro digital mini camcorder, resting on his chest.  A vehicle passed through the exit barrier, driven by DC Shaun Hurd.  As the vehicle of DC Hurd approached, Mr Bradbury took a series of photographs of the car.  DC Hurd drove through the exit barrier stopped his vehicle and then alighted, asking what Mr Bradbury was doing.  Mr Bradbury responded that he was minding his own business and doing nothing wrong. 

West Yorkshire Police’s Detective Constable Shaun Hurd assaulting Stephen Bradbury and unlawfully arresting him. WARNING: Some may find violent content distressing.

As Mr Bradbury was stood recording the unfolding events, DC Hurd turned towards his vehicle, removed a digital camera and took a photograph at close proximity of Mr Bradbury.  As Mr Bradbury explained that he in turn would photograph the lollipop-sucking detective, DC Hurd moved towards him and attempted to snatch the camera from his grip.

Mr Bradbury was then grabbed by DC Hurd and told that he was under arrest for conduct likely to cause a breach of the peace.  DC Hurd forced Mr Bradbury up against an adjacent brick wall, with his arm held tightly up behind his back. 

Mr Bradbury challenged DC Hurd as to the reason for his arrest, specifically what basis there would be to suggest a breach of the peace. DC Hurd (perhaps unaware that the arrest was being recorded) suggested that it was because Mr Bradbury had attempted to get into his car, which was manifestly untrue.  Mr Bradbury, quite correctly, denied this to be the case.  DC Hurd then falsely suggested (on more than one occasion) that Mr Bradbury had put his camera inside of his car.

Another officer, Detective Inspector Damian Carr from the force’s Professional Standards Department, then arrived on the scene and, after a private conversation with DC Hurd, Mr Bradbury was de-arrested and permitted to go on his way.

DI Carr, of whom, it is fair to say, had a chequered history in his role as a PSD officer, made no attempt to hold DC Hurd to account, either on the day or, subsequently, throughout an elongated complaints process.

Was Mr Bradbury guilty of causing a Breach of the Peace?

Breach of the Peace is a common law concept which confers upon police officers the power to arrest, intervene or detain by force to prevent any action likely to result in a Breach of the Peace.

A Breach of the Peace will occur whenever harm is done, or is likely to be done to a person, or in his presence to his property, or, whenever a person is in fear of being harmed through an assault, affray, riot or other disturbance.

An arrest may be made where a Breach of the Peace is being committed, or has been committed and there is an immediate need to prevent a further breach, or where the person making the arrest has a reasonable belief that a breach will be committed in the immediate future.

The courts have held that there must be a sufficiently real and present threat of a Breach of the Peace to justify the extreme step of depriving the liberty f a person who was not at the time acting unlawfully.

While a constable may, exceptionally, have the power to arrest a person whose behaviour is lawful but provocative, this power ought to be exercised only in the clearest of circumstances and when he is satisfied on reasonable grounds that a Breach of the Peace is imminent.

There was clearly no basis to arrest Mr Bradbury, and his arrest and detention were unlawful. As the arrest was unlawful then it is clear that DC Hurd seriously assaulted Mr Bradbury. The errant detective faced no charge, or disciplinary proceedings, in the face of the clearest of evidence.

Sometimes the reasons given to arrest Mr Bradbury changed upon either reflection, or advice, from more senior WYP officers.

On 7th December, 2012, Mr Bradbury was again situated at the rear of West Yorkshire Police headquarters, on the public highway, a short distance from the car park.

Pursuing his film-making ambitions, Mr Bradbury was engaged in taking photographs of police officers and vehicles.

Unbeknown to Mr Bradbury, information as to his whereabouts, and activities, had been reported to the WYP Control Room and, in consequence, Detective Constable 4613 Edwards decided to approach Mr Bradbury.

DC Edwards requested an explanation for the activity of Mr Bradbury which the latter, quite rightly, refused to give. When he then attempted to walk away, the bullying detective proceeded to grab him by the arm to prevent his movement. DC Edwards stated that Mr Bradbury would be conveyed to a nearby police station, without confirming that he was under arrest, or the reasons for his detention.

DC Edwards proceeded to escort Mr Bradbury to the local police station.  Upon his arrival, Mr Bradbury  was produced before the Custody Officer, Sergeant Knight, who had met him previously

The interaction was recorded on the custody CCTV camera.  The following is a transcript of the conversation between Mr Bradbury, the arresting officer and the custody sergeant.

Mr Bradbury  – Could you tell me for what reason I’ve been arrested, you haven’t err explained.

Police Officer – To establish who your details are cos you haven’t told us who you are.

Mr Bradbury – Am I obliged?

Police Officer – To establish who you are and what you’re doing.

Police Officer – Sergeant I’ve arrested this man cos he was stood outside the back door of Wood Street not Wood Street Headquarters.

Mr Bradbury – Laburnum Road

Police Officer – Taking pictures of vehicles exiting the premises and people exiting the premises and I’ve approached him and asked him why, he’s refused to answer and he’s refused to give me details.

Police Officer – I don’t know if he’s a member of an organised crime group or terrorist or whatever.

Mr Bradbury – Let me take me coat off it’s getting warm.

Police Officer – So I arrested him for something, sergeant.

Custody Sergeant – Ok, right, do you want to just give me a second out back for a moment please.

(and with this the custody sergeant escorted DC Edwards away from the spotlight of the camera, into a back room, where no doubt he challenged the detective as to what had occurred outside and, it is strongly suspected, coached DC Edwards to provide a more ‘reasonable’ basis for arrest than ‘terrorism’. Indeed a few minutes later, both sergeant and the arresting officer returned and all became clear ………..)

Custody Sergeant – Right the officers …hmm.. told me the circumstances with regards to you being brought to the police station, the fact is that you’ve been arrested for breach of the peace okay.  Hmm….

Mr Bradbury – Could I ask some questions please?

Custody Sergeant – You certainly can.

Mr Bradbury – Right how do you come to breach of the peace when I’m stood there not err I’m sure these people have realised that I’ve not uttered one word of bad language.

Custody Sergeant  –  No not in not in here sir no but

Mr Bradbury – Not

Custody Sergeant – err obviously at the…, at the…, at the……..

Mr Bradbury – Is this man accusing me of using bad and threatening behaviour outside?

Custody Sergeant – No, you’ve been …err… argumentative and obstructive with obviously there was there was a breach

Mr Bradbury – But but I’m not obliged to

Custody Sergeant – there was some concern that there be other offences …err… as well so initially the officer brought you in for a breach of the peace.  I’ve checked with the……..

Mr Bradbury – Sorry that’s not correct.

Custody Sergeant – Okay well you you can agree, or disagree

Mr Bradbury – he mentioned okay well I’d like it recorded please

Custody Sergeant – with me as you wish

Mr Bradbury – that he mentioned terrorism.

Custody Sergeant – “Yes that’s no problem I’ve made enquiries with the Counter Terrorism Unit ….hmm…. they’ve …err… confirmed with …err… for me that there’s ..err.. no ..hmm… incidents that of note where you are linked to terrorism or anything like that , there’s no offences that they’re …hmm… they would like to speak with you about so therefore with regard to any criminal side at all there is no criminal offences that you’re here for.” 

Mr Bradbury was promptly released from custody, by Sergeant Knight, as it was clear that even the alternative justification for his arrest – ‘Breach of the Peace’ – was without any foundation. 

Following a subsequent investigation into the incident, DC Edwards ‘clarified’ his version of the arrest circumstances.

In response to a call regarding a man stood at the rear exit photographing vehicles leaving the police car park, he walked to the barrier and saw Mr Bradbury holding a compact camera. The detective (the term is used loosely) claimed he approached Mr Bradbury, identified himself and asked what he was doing.  Mr Bradbury refused to provide an answer and asked what it had to do with him, (DC Edwards). 

Mr Bradbury again refused to account for his actions whereupon DC Edwards told him he was under arrest unless he provided an explanation and his details.  Again, Mr Bradbury refused.  DC Edwards then advised Mr Bradbury he was under arrest for offences under the Terrorism Act 2006.

On challenge, DC Edwards explained that he did not know under what specific section of the Terrorism Act under which he had arrested Mr Bradbury, but that it was on suspicion of the preparation of a terrorist act.

This is, actually, covered by Section 5 of the Terrorism Act 2006, which provides as follows –

Section 5  Preparation of terrorist acts

(1) A person commits an offence if, with the intention of—

(a) committing acts of terrorism, or

(b) assisting another to commit such acts,

he engages in any conduct in preparation for giving effect to his intention.

(2) It is irrelevant for the purposes of subsection (1) whether the intention and preparations relate to one or more particular acts of terrorism, acts of terrorism of a particular description or acts of terrorism generally.

(3) A person guilty of an offence under this section shall be liable, on conviction on indictment, to imprisonment for life.

As will be noted, this is a very serious offence which carries a maximum sentence of life imprisonment. To my mind, it is utterly ridiculous that Mr Bradbury was arrested under this law. Section 5 of the Act is intended to encompass such activities as travelling abroad to Syria to join jihadist groups, financially supporting terrorist organisations such as ISIS, or involvement in a bomb making plot.

It was utterly draconian to attempt to utilise this section of the law to justify the arrest of Mr Bradbury, for what was in reality the non-offence of “refusing to answer an officer’s question”, or indeed “infringing the officer’s sense of power” which I suspect was what was really motivating DC Edwards. Rather than any genuine belief that he was, in Mr Bradbury, confronting a ‘terrorist’. I think this is confirmed by the custody sergeant’s apparent attempt to get DC Edwards to change his ‘script’, as to the reason for arrest, to something that did not seem so obviously outrageous.

There is in fact an offence under Section 58A of the Terrorism Act 2000 which is designed to prevent the eliciting, publication or communication of information about members of the armed forces or police, where such information is designed to assist an act of terror. However, the Metropolitan Police’s own guidelines on this law state very clearly that “It would ordinarily be unlawful to use section 58A to arrest people photographing police officers in the course of normal policing activities” , unless there are further grounds for suspecting that the photographs were being taken to provide assistance to a terrorist.

There is also a power under section 43 of the 2000 Act which allows officers to stop and search anyone who they reasonably suspect to be a terrorist; this would certainly have been a less draconian action for DC Edwards to have taken against him (a simple search rather than an arrest) but he chose not to do so; and it is suggested that this was because he did not really think Mr Bradbury was a terrorist at all, but was just looking for a reason to arrest a man who was – in the officer’s eyes – being ‘disobedient’  or ‘disrespectful’ to him.

In my view, it is absolutely right that Mr Bradbury should take a stand against such egregious behaviour as demonstrated by DC Edwards. Individual liberty – and the right not to have to ‘produce your papers’ when challenged by a police officer, or to refuse to answer an officer who is questioning you because he doesn’t like your face (as it were) – is one of the hallmarks of British democracy, as opposed to a dystopian police state such as existed in Eastern Bloc countries not so very long ago. 

The stretching of powers granted under the Terrorism Act to encompass the harmless if eccentric – even, perhaps, bizarre and annoying – behaviour of individuals such as Mr Bradbury is something which we must absolutely guard against, lest it become a matter of routine for the police to use ‘terrorism’ as a catch-all excuse to arrest anyone they don’t  like, who hasn’t committed any specific ‘proper’ offence; although this is a much more extreme example, look at a country like increasingly authoritarian Turkey, where anti-terrorism powers are used as a matter of routine to justify the arrest of opponents of the government (including journalists and lawyers).

The powers of arrest granted under the various Terrorism Acts must not be taken lightly; and we all, as citizens, journalists or lawyers, have a duty to ‘police the police’ if individual officers attempt, either deliberately, or because they don’t fully understand the law, to misuse those powers. Regrettably, this happens all too often when dealing with West Yorkshire Police.

This is exactly what Mr Bradbury chose to do, by bringing civil claims against WYP for the no less than seven occasions he was unlawfully arrested as described above, or in very similar circumstances. Having threatened the police with litigation, Mr Bradbury’s solicitor, Iain Gould of DPP Law in Bootle, persuaded the police to the negotiating table and a sum of £13,500 in damages was secured for Mr Bradbury, plus recovery of his firm’s costs. Iain is one of the leading police complaints lawyers in the country and was also one of the first in the legal profession to report outcomes of cases on his own widely-read website (read here). 

What will probably prove of even more value in the long term, is the lesson the police have, hopefully, learned from this, and other similar actions police action lawyers have brought on behalf of their clients – not to overstep their powers of arrest, and to ensure that their officers keep their tempers in check, and properly understand the law of the land which they are charged with upholding.

*Clarification* West Yorkshire Police have two officers with rank, name of “DC Edwards”. One based in Wakefield, one in Bradford. The latter was invited to provide the given names of both, as was the police force press office, so as to eliminate doubts as to whom the detective interacting with Mr Bradbury actually was. No response was provided from either.*

Page last updated on Monday 1st April, 2019 at 1255hrs

Picture credit: Stephen Brabury; West Yorkshire Police in Action YouTube channel

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