409,970 reasons not to trust North Yorkshire Police

The old-fashioned notion that honesty was an integral part of policing in the UK has been comprehensively swept away over the past few years, as corruption scandal after corruption scandal has emerged into the public domain.

Many of the worst public outrages concern police forces in Yorkshire. The Hillsborough Disaster, the Battle of Orgreave and Rotherham Abuse failings will forever stain those who wear the South Yorkshire Police uniform.

Their neighbours in West Yorkshire (WYP) have an unenviable record of ‘fitting-up’ innocent people for serious crimes they didn’t commit and this stretches back for decades to Stefan Kiszko and Judith Ward. Investigative and prosecutorial misconduct come easily to this force and one of the worst case ever to come before the courts was also down to them. Never before – or since – has a police force been so roundly and completely condemned by law lords as they were in the Karl Chapman supergrass case. Probably better known now as Operation Douglas.

Most recently, the confirmation that the jailing of one of their own most promising young constables, PC Danny Major, was corruptly grounded, takes WYP to depths in policing criminality rarely plumbed before.

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The discredited West Yorkshire Police also share with North Yorkshire Police (NYP) the unenviable distinction of allowing the country’s most notorious child sex offender, Jimmy Savile, to go unchecked for almost 50 years on his home patches of Leeds and Scarborough.

North Yorkshire Police were, of course, out on their own in allowing another notorious and prolific paedophile, Peter Jaconelli to offend at will for a similar period.

Worse still, NYP tried very hard indeed, by way of two bogus investigations into themselves, to rubbish any claims that they knew about the nefarious activities of either of these hideous individuals. Indeed, but for the intervention of two citizen journalists, writing for a North Yorkshire internet news magazine, the police would have got clean away with hoodwinking the public over both Savile and Jaconelli.

This report by ACC Sue Cross (a former West Yorkshire Police officer and pictured below) took just nine days – and zero interviews – to dismiss over forty years of relentless sex offending by a man widely known as “Mr Scarborough”. It’s tone and content is directed much more to discrediting the two journalists than addressing the core issues. A trait much favoured by senior officers in the police service.

North Yorkshire Police were subsequently, and quite rightly, exposed as an incompetent, embarrassing and humiliated shambles. It seems more than a coincidence, therefore, that those same two journalists – Tim Hicks and Nigel Ward – have for the past fifteen months been facing civil court action both mounted and funded by the police (or more accurately the precept payer). This is the article by Mr Hicks that effectively dismantled the now discredited Cross Report.

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I have investigated this matter of the claim concerning alleged harassment by the two journalists, extensively, since the issue of the court papers in January 2015 and have written a number of articles as a result:

Cost of silencing police force critics now approaches £1 million (click here)

Complete capitulation follows Fall of Rome (click here)

Key witness in police funded civil action is a proven liar (click here).

The North Yorkshire Police dilemma: Find a murderer or pursue journalists over harassment (click here)

This latest article focuses on just one single aspect of those investigations, upon which a large amount of time and money has already been spent:

North Yorkshire Police and the Police Commissioner, Julia Mulligan, have both quoted a figure of £409,970.90 as the alleged cost of a criminal investigation into the two journalists, and one other. The police investigation was styled Operation Rome and this is the published breakdown of their estimate:

  • Police officer time from December 2011 to September 2014;  94.6 months – £386,347
  • Legal services work from October 2010 to June 2014;  243.1 hours – £7,424.73
  • Civil disclosure work from September 2011 to October 2014; 352 hours – £5,181.44
  • Related complaints matters;  82 hours – £1,708.88
  • Chief Officer time; 259.08 – £9,308.85
  • TOTAL £409,970.90

This costing of what is, at best, a notional spend was the cornerstone that underpinned the decision by the Chief Constable and the Police Commissioner to go ahead and disburse an estimated £202,000 of the public’s money in legal fees, pursuing the civil harassment claim via the senior partner of one of the most expensive law firms in Leeds, and two barristers. One of whom is a well-known QC, with charge rates to match.

Indeed, Mrs Mulligan is quoted as saying: “Dealing with the actions of those involved in the civil case has tied up police resources to a significant extent, and it seemed reasonable to expect that further time and expense would be incurred if no action were taken“.

In layman’s terms, the PCC’s muddled hypothesis appears to be: (i) We have come up with some notional, and fanciful, figures to say it has ‘cost’ North Yorkshire Police £409,970 trying to silence these people, by criminalising them via an embarrassingly bad investigation. (ii) Now, we can save a bit of face by actually spending £202,000 of hard cash, and chase the same three men through the civil courts at the public’s expense. But, with no certainty of achieving anything more than the original failed police investigation (iii) It has actually cost a lot more than £202,000 so far, but we are keeping the lid tightly screwed down on that.

My investigations go a long way to proving that reliance on that particular foundation of the £409,970 calculation will bring the whole Operation Rome edifice to the ground:

  • The inclusion in the calculations of 94.6 months of police officer time, allegedly costing £386,347, to pursue three members of the public on a harassment without violence investigation stretches the bounds of credibility, far beyond breaking point.
  • That is the type of sum you would normally expect to see spent on a murder investigation where the perpetrator(s) remain undetected after six months.
  • Compare Operation Rome’s “£409,970” harassment enquiry, for example, with the recently wound up Operation Essence, a major crimes review of the Claudia Lawrence disappearance and murder. As many as 20 detectives and police staff worked full time for two and a half years. Cost: £800,000 Source: NYP.
  • Even 94.6 hours would be well beyond the routine for a harassment investigation of this type. That would bring the ‘cost’ in at a more realistic £2,240.34.
  • A harassment investigation would normally involve a neighbourhood police constable overseen by a sergeant, or possibly an inspector. The police hear what the complainant(s) have to say, speak to the suspects and make a charging decision based on the evidence. There is no forensic science involved, or complex issues to unravel. Even Heartbeat‘s PC Geoff Younger (pictured below) would shine in such probes.
  • The police have declined to say how many detectives were actually involved. They rely on a total of 14 people including lawyers, civil disclosure officers, PSD officers and staff from the PCC’s office as their answer.
  • The link between the cost of dealing with complaints against the police, freedom of information requests, reported at £6890.32, and a harassment investigation would also appear very tenuous at best. The complaints against NYP officers and information requests either had merit, or not. No evidence has been produced to me to suggest they were outside the scope of the legislation under which such issues could, quite properly, be raised.
  • The other ‘big ticket’ items on the costs estimate for Operation Rome also have the fishy odour of red herring. £16,733.58 is the combined total allegedly spent on Chief Officer time and the cost of Legal Services support. It begs the question as to what Chief Officers (who are most unhelpfully not identified by either name or job title) were actually doing that was connected to a criminal harassment investigation and involved 259.08hrs of their time?
  • The same comment applies to lawyers who are employed by the police force to deal with civil claims, not criminal investigations. How did they manage to spend 243.1 hours on a criminal harassment probe and what were they actually doing?
  • The bottom line here is that the TOTAL of £409,970 has very much the appearance of a figment of the imagination – and appears to be a figure largely plucked out of the air to justify raiding the public purse so that senior officers, including the Chief Constable and his Deputy could get their hands on free legal fees.

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The next step in the process is to look at how the Operation Rome investigation was conducted and what it actually achieved:

  • None of the three suspects have ever been issued with a Police Improvement Notice (PIN), more commonly known as a harassment warning. More on PIN’s here.
  • Only one of three suspects, Mr Hicks, was interviewed by the police. The focus of that 2012 interview was alleged damage to the reputation of North Yorkshire Police by his work as a citizen journalist, rather than harassment.
  • No disclosure was made to Mr Hicks, or his solicitor who was present throughout, that would persuade an independent reviewer that the police claims of harassment were credible.
  • The letter from Mr Hicks’ solicitor to NYP following the interview can be read here. It amounts to another humiliation of those police officers involved in Operation Rome.
  • Mr Ward, meanwhile, was completely unaware that any such investigation was in progress that involved him. He was never contacted by either a police officer, or any alleged ‘victim’, at any time concerning harassment allegations.
  • There was no mention of Mr Ward in the interview conducted with Mr Hicks at Fulford Road police station.
  • Meanwhile North Yorkshire Police actively canvassed other public officials from parish, borough and county councils, and the Independent Police Complaints Commission, to make complaints against the two citizen journalists.
  • One of the public officials, York City Council social worker, Mark Bednarski, was found to have misled police in his own witness statement by withholding information that damaged his claim.
  • Another public official, County and Borough Councillor Jane Kenyon lied in her CJA statement. A fact she has recently admitted after being cornered by documentary evidence.
  • No arrest was made at any time during Operation Rome.
  • The Crown Prosecution Service (CPS) twice refused to authorised the arrest and charging of Mr Hicks under Section 3 of the Protection from Harassment Act 1997.
  • The CPS guidance on issue of harassment warnings can be read here.
  • Following the second refusal by the CPS a ‘leading specialist barrister’, believed to be Simon Myerson QC, was consulted in an effort to make criminal charges stick. That was also a failure.
  • With Bednarski and Kenyon as star witnesses there would be little prospect of a prosecution succeeding, in any event.

At the end of a near three year investigation, Operation Rome was closed down as an incompetent, embarrassing and humiliating shambles.

But there are a number of questions, asked via appropriate legal channels, that remain unanswered by North Yorkshire Police which cast further and serious doubt on the provenance of the information already supplied about the harassment investigation and its ‘cost’.

  • NYP have stated in response to a FoIA request that none of the elements of the £409,970 costings are broken down for the years 2011,2012, 2013 and 2014
  • On the same request, the force cannot provide details of the incident that triggered the Operation Rome investigation. That suggests there is no policy log (sometimes called the policy book) in existence. The first sign of a poorly led, and badly directed, investigation
  • It is further claimed by NYP that Operation Rome was led by an inspector. Yet, I have in my files letters written by CI Heather Pearson (to Tim Hicks) and DCC Tim Madgwick (to Jane Kenyon) concerning this investigation.
  • Why was the Force Solicitor, Jane Wintermeyer, who essentially concerns herself with legal disputes in the civil courts tasked with collecting financial estimates for a three-year criminal investigation?
  • Why is there no written request to Mrs Wintermeyer to carry out this work –  upon which so much rested – in existence? The costing exercise was, allegedly, instigated following a verbal request from PCC Julia Mulligan and Chief Constable Dave Jones. Who both, separately, employ a highly qualified, and commensurately paid, Chief Financial Officer (Mike Porter and Jane Palmer respectively).
  • How could a back of the envelope exercise, delivered in such sloppy form, take over three months to produce?
  • Why did NYP reply to a FoIA request on 1st December, 2014 (almost at the centre point of the Wintermeyer cost collection exercise according to information she supplied to me by letter) saying that they could neither ‘confirm nor deny’ that such information existed?
  • Why are NYP dragging their feet on a FoIA request asking them to justify the breakdown of hourly rates used in the calculations?
  • More crucially, and in the interests of openness and transparency much touted by Mrs Mulligan, why does the Chief Constable, and the PCC, not simply publish the workings of Mrs Wintermeyer with the names of anyone lower than the managerial rank of inspector (or its civilian equivalent) redacted?

This all has the look of a third incompetent, embarrassing and humiliating shambles for North Yorkshire Police. Yet the mindset of its Chief Constable, and his lap dog Police Commissioner, is to dig both him, her and themselves ever deeper into a hole. Rather than confront the fact that they have been caught with their fingers in the till, so to speak, and deal with it in an honest, ethical and professional manner

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More importantly, for a police force and a police commissioner to be prepared to relentlessly break the law to try, in vain, to cover its tracks over some distinctly shady territory mean that questions need to be urgently asked, at the Home Office: How can Dave Jones and Julia Mulligan justify conducting police operations in this manner – and for whose benefit are these ‘investigations’ actually being run?

There are, currently, at least 409,970 reasons for the Secretary of State, or the Home Affairs Select Committee, to seek answers to these questions.

Both Chief Constable Jones and Mrs Mulligan have been approached for comment on this article. None has yet been forthcoming from Jones, but a spokesman for the Commissioner said: ‘It would be inappropriate to comment on an ongoing legal matter‘.

North Yorkshire Enquirer‘s Nigel Ward said this: “At the material time, I was passing North Yorkshire Police a large volume of information regarding SAVILE and JACONELLI and was profusely thanked, by detectives, for my contributions. But during that same period, it seems, the police were plotting (unsuccessfully) to nail me on criminal harassment allegations made by Jane Kenyon. I refute those accusations made by her, entirely“.

But the last words should belong to Lord Maginnis of Drumglass who most presciently commented in Parliament, about North Yorkshire Police, in 2012:

That particularly dubious Constabulary merits careful investigation”.

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Page last updated Tuesday 10th May, 2016 at 1205hrs

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

Photo credits: North Yorkshire Enquirer, Yorkshire Television, Darlington and Stockton Times and Office of Police and Crime Commissioner for North Yorkshire

 

The Code of Ethics Confidence Trick

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The College of Policing‘s Code of Ethics has often been described via my Twitter feed (@Neil_Wilby) as an Emperor’s New Clothes fairy tale, straight from the Hans Christian Andersen portfolio.

It is a joke, a confidence trick, a scam or any other similar name you would like to call it.

The only function for the ethics code, that I can realistically identify, is as a counter-offensive to the constant battering given to the reputation of policing in the relatively new internet age of social media and weblogs. Major corruption scandals have followed one after another over the past four years and, whatever the surveys might show, confidence and trust in the police has never been lower. Most people expect things to go wrong after contact with the police, in one form or another.

Whatever bright face they may wish to put on the posters, this reputational damage has rocked the police service to its core. It has also led to the total discrediting of the police complaints system – and action to rescue a sinking ship was urgently needed. This is where the Code of Ethics plugs the leak, according to the College of Policing. But it is nothing more than a convenient re-painting of the same old hulking wreck.

Chief Constables and their Heads of Communications can no longer rely on cosy, or in some cases coercive, relationships with local and regional editors to ensure the media stay ‘on message’. The police misconduct cat is now, more often than not, well and truly out of the bag, and up on the internet, long before it hits the columns of the local newspaper and their cumbersome, advertisement-riddled websites.

I base my views in this article on extensive scrutiny of the four police forces within my immediate locality. They are Greater Manchester, South Yorkshire, West Yorkshire and North Yorkshire. As a justice campaigner, investigative journalist and complaint advocate I have almost daily contact with all four.

Whilst not, on weight of evidence, the worst offenders, this article focuses on the Code of Ethics failings of the smallest, and only county force, in that grouping: North Yorkshire Police (NYP).

A key part of the Ethics problem at NYP rests fairly and squarely with the Chief Constable, Dave Jones. He is old school, with a large city force background and, like many of his era and chief officer rank, deeply resents any form of scrutiny and, essentially, regards himself above any law, regulation or code. His force’s hapless, hopeless Professional Standards and Civil Disclosure departments serve only to amplify that point.

Chief Constable Jones also happens to run a police force that has a history of failure hanging over it like a black cloud, at almost every level. Operation Essence is the most recent, visible and high level example of that, where the murderer(s) of Claudia Lawrence still remain undetected after seven years. Alienating the locals who knew Claudia best – not to mention her family – was always going to present difficulties for NYP, and so it has proved. The police are derided and mistrusted in the Heworth area of York. The chances of obtaining crucial information from that vital source is, correspondingly, diminished.

Under that same dark sky are the Jimmy Savile and Peter Jaconelli scandals that were only brought into the light by the assiduous, and relentless, work of two citizen journalists. Before the exposure by Nigel Ward and Tim Hicks – together with a BBC Inside Out programme that exclusively featured their investigation – NYP’s position was that neither of these prolific child sex abusers were known to them and two whitewash probes had been produced by the force to, specifically, underscore that position. It was a shameful passage in the history of North Yorkshire Police.

Down at the basement level things are no better in this badly run, shambolic police force. The 101 contact centre service operated by NYP is, on any independent view, deplorable. Tens of thousands of calls to the force are abandoned each year. Yet it has taken several years of relentless criticism for the force to actually begin to rectify the problem.

Again, like others of his ilk, Jones relies heavily on his press and public relations team to cover those failings. I can think of no other force, even outside of the four with whom I am most closely involved, that indulges itself with as much gratuitous self-congratulation. Anyone with two hours to spare once a month to watch the podcast of the so-called NYP Scrutiny Board will see the living proof of that (click here).

Much of my recent involvement with NYP has concerned two of their investigations which are codenamed Operation Rome and Operation Hyson. Rome was another of the force’s costly, spectacular and well-publicised failures and, it seems, Hyson may yet go the same way.

During my own probe into the workings of Rome and Hyson it has already been necessary to make three Code of Ethics complaints. The first, in December 2015, was against the Force Solicitor, Jane Wintermeyer, following interaction connected to a contemplated judicial review application. The full complaint can be viewed here and it alleges amongst other failings that she was discourteous, disrespectful and derelict in her duties. The complaint also sets out the harassing aspect of her conduct throughout our dealings.

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The filing of the Wintermeyer complaint was followed by another NYP farce. It was not recorded by Professional Standards and an appeal was made to the Independent Police Complaints Commission (IPCC). They upheld the non-recording appeal, but by that time NYP were claiming that the complaint had been recorded, after all. The evidence very much suggests otherwise. A trivial point but one that illustrates the troubling lack of candour that taints almost every communication with NYP.

The Wintermeyer complaint is presently the subject of a second appeal to the IPCC (read in full here). Amongst other serious matters, it leaves the police with a stark choice: They either admit to breach of my Article 8 convention rights by interfering with emails and letters sent via Royal Mail, or have their own Force Solicitor marked as dishonest about her claim that she didn’t receive them. It is, also, almost certain that the way the complaint was dealt with by Joanna Carter, the Chief Executive of the Police Commissioner’s office, will lead to a breach of ethics complaint being filed against her once the investigation into her colleague is complete.

A second complaint was filed on 9th March, 2016 against another very senior NYP officer, Jane Palmer. She is the Chief Financial Officer and Chief Accountant for the police force. A full copy of the complaint can be read here. The allegations are similar to those made against Ms Wintermeyer and a clear pattern begins to emerge as to how NYP view their responsibilities under the Code of Ethics. The particulars of the complaint also set out the rationale for a concerted attempt to subvert process by the two most senior civilian officers in the force, encouraged by none other than the Chief Constable. The latter has a clear personal interest in the concealing of information by Ms Palmer as he is the recipient of taxpayer funded legal fees of around £30,000 and rising from Operation Hyson.

The complaint against Ms Palmer was acknowledged on the same day by the IPCC and forwarded to the Professional Standards Department of NYP. A ludicrous determination of the complaint by T/DCI Steve Fincham, via an entirely inappropriate local resolution process, is now the subject of a further appeal to the IPCC.

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A third Code of Ethics complaint has now been lodged against the Chief Constable himself. It also enjoins the Deputy Chief Constable, Tim Madgwick and Chief Superintendent, Lisa Winward. The allegations include breaches of honesty and integrity, and discreditable conduct and the full text of the complaint can be read here.

This complaint against Jones was submitted to the PCC for North Yorkshire, Julia Mulligan, who is the Appropriate Authority for complaints of this nature on Tuesday 12th April, 2016. Those against Madgwick and Winward fall to be determined by the force’s Professional Standards Department.

This is a policing story with some way to run, yet. In the meantime, if you spot a police officer in North Yorkshire ask him (or her) if he (or she) (i) has ever heard of the Code of Ethics (ii) he/she understands what it required of him (or her) under the Code (iii) the disciplinary consequences of being found in breach of the Code?

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Page last updated Thursday 14th April, 2016 at 2040hrs

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

Photo credits: College of Policing and Office of Police and Crime Commissioner for North Yorkshire

 

The North Yorkshire Police dilemma: Find a murderer or pursue journalists over alleged harassment.

Claudia Lawrence, a chef at York University, was 35 years old when she went missing in 2009. She was spotted on her way to a 6am shift at work but never arrived and hasn’t been seen since.

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Her disappearance was treated as murder, six weeks after her disappearance, and it is the view of some that North Yorkshire Police (NYP) bungled the initial investigation, codenamed Operation Cabin and led by Detective Superintendent Ray Galloway. The police also managed to upset the Lawrence family almost from the start. Not least by issuing a photograph of Claudia with the wrong colour hair soon after she went missing but, mostly, by profiling her as a promiscuous woman with ‘a secret life’.

Claudia’s parents, Peter and Joan Lawrence, and her elder sister, Ali Sims, have campaigned persistently and effectively to keep the case in the public eye and to try to achieve some sort of closure into what is an unimaginably traumatic experience for them and the rest of their family.

North Yorkshire Police undertook to review the Claudia Lawrence case in 2013 following the formation of a new Major Crime Unit based in Harrogate. The original Operation Cabin investigation had reportedly cost £750,000 (read more here) and involved thousands of police man hours but produced no arrest and no trace of Claudia, whatsoever.

Since then, detectives led by Detective Superintendent Dai Malyn (pictured below) have carried out a number of high-profile searches as part of what is now known as Operation Essence. Four local suspects are currently on bail as the Crown Prosecution Service consider a file of evidence sent to them in December, 2015. One was arrested in March, 2015 with the other three detained the following month. All were released without charge.

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In May, 2015 a freedom of information request made by the York Evening Press revealed that Operation Essence had been costed at £398,415 up to January, 2015 with 20 staff attached to the investigation.

Remarkably, that figure spent on finding the murderer(s) of Claudia Lawrence is LESS than NYP spent on Operation Rome, which was an investigation into one member of the public and two journalists for alleged harassment on the internet, or via email. Rome involved 14 officers from five departments over a 31 month period and cost £409,970 (see breakdown of costs here). Like Operation Cabin, Rome was a failure and didn’t produce a single arrest.

Also, like Cabin, the ill-starred and poorly executed Operation Rome now has a successor investigation: Operation Hyson. The pursuit of the journalists goes on and, this time around, the harassment case is one being pursued through the civil courts, using police money. The final cost of Hyson is likely to, again, be over the published figure for the second phase of the Claudia Lawrence probe.

What follows, therefore, has to be a question to the police about their priorities. Is solving the highly published mystery of the missing chef really not as important to the force as attempting to silence journalists?

Answers on a postcard to either: PCC Julia Mulligan at her Harrogate HQ or the Chief Constable at Newby Wiske police HQ.

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Page last updated Monday 29th February 2016 at 1340hrs

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