‘Complete capitulation’ follows the fall of Rome

The decision of the North Yorkshire Police and Crime Commissioner (PCC), Julia Mulligan, to use a blank cheque drawn on policing funds to finance a civil harassment claim is one that has already attracted a good deal of controversy. With more certain to follow as the case unravels.

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Efforts at unpicking both the history and the rationale behind this extraordinary and unprecedented decision have so far met with obfuscation, obstruction and downright lies from the police and the PCC’s office. Paint in a gratuitous smear, or two, and the picture is complete of a police force and an elected policing representative deeply resenting any form of scrutiny.

This report draws on information from a variety of sources. Most of it routine for an investigative journalist – published articles, freedom of information requests, Google searches, trawls of court and public records, telephone or face-to-face interviews with those involved who are willing, or able, to talk.

But this particular probe has also ventured into the less usual: clandestine meetings with informants, unannounced telephone calls from ‘no caller ID’ numbers, correspondence with a prisoner in jail, materials pushed through the letterbox or sent anonymously via post.

It is also clear, upon their own admission, that emails and letters sent to police HQ and the PCC’s office in connection with a legal challenge to the funding have either been interfered with, or disappeared. An extraordinary situation by any measure and one which the Independent Police Complaints Commission (IPCC) were asked to examine. Unsurprisingly, the IPCC completely avoided any mention the issue in a recent appeal assessment that ranks as one of the worst I have ever seen.

The pleadings in the civil court dispute, the merits of the case, or the people involved in it, form only a peripheral part of this report. It is the funding decision, and the actions leading up to it, that is the core subject of scrutiny. The formal Decision Notice was published by Mrs Mulligan on 29th September, 2015, almost twelve months after one of her employees authorised expenditure of a huge amount of taxpayer cash on a private legal matter – and exactly four months after the absence of the notice was drawn to the attention of her staff.

Indeed, it would not have been published at all were it not for considerable pressure exerted on social media (see example below); or by way of a formal complaint to the Police Scrutiny Panel in July 2015 concerning the absence of the notice from her website and via email communications between the Chief Constable’s Finance Officer, Jane Palmer, and myself in August 2015 regarding inspection of the police force’s annual accounts.

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The complaint raised against Julia Mulligan also particularised, amongst a number of other issues, concerns about the PCC not holding her chief constable to account over serial failings in the disposal of freedom of information requests (read more here). Despite the Scrutiny Panel, incredibly, not upholding the complaints concerning either the missing Decision Notice or the FoI failings, it has become clear that nine information requests made prior to October 2015 concerning the harassment claims are still unfulfilled. This nugget came from the North Yorkshire Police’s own Civil Disclosure Unit in an outcome dated 8th January, 2016 to Ms Angela Snodgrove, via the What Do They Know website (see NYP outcome here), and gives a clear indicator of the police mindset in seeking to conceal the truth over this financial farrago. A check on NYP’s FoI disclosure log suggests that they are all still unfulfilled.

The police investigation that led to the issuing of the civil harassment claim is styled Operation Hyson. It has been established that Hyson began almost as soon as its predecessor, Operation Rome, ended on 17th July, 2014. Rome was a criminal investigation which focused on two of the three defendants in the civil claim. Opened at the end of 2011, it was a complete, embarassing, and very costly failure for the force. It cannot be judged any other way when detectives spend 31 months attempting to prosecute three people for harassment, without even issuing a singe Police Improvement Notice (PIN) and interviewing only one of the three ‘suspects’?

The fall of Rome was also a major blow to former Police Authority Chair, Jane Kenyon, who was a prime mover behind Operation Rome and reportedly livid when the Crown Prosecution Service refused, on two separate occasions, to prosecute the ‘suspects’ of allegedly harassing her.

Miss Kenyon is also a central figure in the civil claim and, of course, a long term political ally of the Police Commissioner who is funding the legal fees.

A clue to the timings is found on an invoice from barrister Simon Myerson QC in which he refers to both Rome and Hyson (named after a Chinese green tea called Lucky Dragon). The first Hyson conference appears to be a near five hour marathon at Newby Wiske police HQ on 6th August, 2014 which plainly featured Mr Myerson. This meeting took place just over two weeks after Deputy Chief Constable Tim Madgwick had written to the alleged harassers saying there would be no criminal action taken against them. DCC Madgwick (pictured below) is another pivotal claimant in the civil case who is benefiting from – and presumably voted for – a huge amount of public funds to finance his private legal claim over his hurt feelings. He is also a friend of Miss Kenyon and corresponds with her in familiar terms.

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From documents disclosed to me it is also clear that following the initial Hyson meeting  Mr Myerson’s junior barrister, Hannah Lynch, spent every day for two weeks at police HQ in Northallerton, beginning 11th August, 2014, in conference about the newly instigated investigation. Whilst it is not known who else was present at these daily conferences we do learn from Miss Lynch’s invoices to NYP that Operation Hyson was the subject matter.

It was abundantly clear that, from its outset, Hyson was a major financial undertaking for the police force. It is also reasonable to infer that the police decision to proceed with the civil harassment claim – and fund it – had been taken at the 6th August meeting between the police and Mr Myerson. If not, before.

On October 3rd, 2014 it is claimed that the PCC and the Chief Constable say that they verbally tasked the Force Solicitor, Jane Wintermeyer, with collecting what are described as ‘manual estimates’ from five different departments that had allegedly incurred costs in pursuing Operation Rome. Four days later, the senior partner of Leeds solicitors Ford and Warren, Nick Collins, began billing North Yorkshire Police.

Another recent freedom of information request has revealed that Mrs Wintermeyer was Mr Myerson’s instructing solicitor prior to 7th October. Enquiries have also revealed that no lawyers ‘beauty parade’ took place before the awarding of a very substantial legal engagement to Mr Collins’ firm. NYP tell me that a process called a Single Access Tender (SAT) was invoked after Mr Myerson recommended Ford and Warren as his preferred instructing solicitor. Further details of that SAT, and the supporting documents behind it, have now been requested from NYP. The chronology put forward previously, concerning the events surrounding these legal arrangements, give rise to the strong suspicion that those documents may not exist.

An estimate of £202,000 was given to the police for the cost of the legal action fronted by Ford and Warren. This would, of course, also include the services of counsel, Mr Myerson and Miss Lynch, but exclude Value Added Tax (VAT), the treatment of which may yet become a controversial issue for the force if it has been reclaimed by them as input tax.

By 8th October, 2014 Miss Lynch had clearly started billing for preparation work on the civil harassment claim and another conference – the twelfth in just two months – took place at police HQ, involving her, two days later.

According to Mrs Wintermeyer, yet another conference took place soon after – on October 15th, 2014 –  at which the PCC’s Chief Financial Officer, Michael Porter, was asked to ‘authorise expenditure that would allow proactive legal action in respect of the alleged harassment of persons including NYP officers and staff‘. Mr Porter splits his role under Mrs Mulligan with similar duties for the Cleveland PCC. Mr Myerson was also present at this meeting.

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The ‘manual estimates’ for the Operation Rome costings were delivered on 12th January, 2015. The total put forward by Mrs Wintermeyer was £409,970.90 (the breakdown of her costings can be viewed here).

Fourteen officers had, allegedly, been involved in the Rome investigation and whilst the legitimacy of some of the number of hours, days and months actually dealing with harassment – as opposed to other viable complaints, correspondence or criminal enquiries – need to be clarified, the hourly rates used in the calculations appear highly questionable. To the extent that NYP have been tasked via another Freedom of Information Act (FoIA) request to provide substance to their figures. For example, the rate for an hour of a chief officer’s time is £35.93 whilst detectives investigating harassment (presumably at detective constable and sergeant rank) are rated at £23.24. Common sense suggests that both cannot be correct.

North Yorkshire Police have broken the law (yet again) in failing to determine that FoIA request within the statutory 20 working day period.

It would also strike the independent observer as odd that ‘back of the envelope’ cost calculations should take over three months to collect and collate, by the Force Solicitor, when both Mrs Mulligan, and the Chief Constable, each employ a highly remunerated and professionally qualified Chief Financial Officer. Both of whom might, reasonably, be expected to have such details at their fingertips.

Another curiosity is that a FoIA request determined jointly by NYP and the PCC on 1st December, 2014 stated that they could ‘neither confirm nor deny’ that the same financial information being collected by Mrs Wintermeyer actually existed (read FoI decision here).

A more recent FoIA outcome (1oth March 2016) delivered by NYP via the WhatDoTheyKnow website (read in full here) casts even further doubt onto the authenticity of the £410,000 estimate. NYP say that Mrs Wintermeyer’s costings were not even broken down year by year (2011, 2012, 2013 and 2014) which any book-keeper, with an ‘O’ level in mathematics, would deem to be a basic requirement. How can some officers have analysed their time down to the minute and, yet, not know the date they allegedly did the work on Operation Rome? The whole Wintermeyer exercise lacks a ring of truth. A remark that can also be made about a number of her contributions to Operation Hyson. To the extent that she is now the subject of formal Code of Ethics complaint (read more here)

On the same day as Mrs Wintermeyer’s ‘costings’ were delivered to her employers (12th January), she says ‘advice was provided to the PCC regarding the lawfulness of expending money from the police force budget for Operation Hyson’. She doesn’t say from whom, but goes on to say ‘On or about January 13th, 2015 advice was provided from a leading barrister‘. It is not clear upon whose instructions that the ‘leading barrister’ was acting, what those instructions actually were, or the advice given, or to whom, as Mrs Wintermeyer is claiming legal privilege. Curiously, Mr Myerson on his detailed invoice for the day in question makes no mention of providing such opinion.

Following publication of this article, Mrs Wintermeyer has backtracked from her 13th January claim and has now put forward another unlikely proposition: That Mr Myerson gave the Police Commissioner his professional opinion over the vires of the funding of the civil claim in open meeting on 15th October, 2014. Whilst, seemingly, not instructed by solicitors retained by her.

Less than a week after the highly questionable Operation Rome costings and purported legal advice were given to Mrs Mulligan and the Chief Constable, Mrs Wintermeyer says the decision was made to issue civil proceedings against the subjects of the Rome criminal investigation.

But the date given for that decision – on or about 19th January, 2015 – cannot be true, for a number of reasons. It must been taken been taken months earlier. Operation Hyson, as we know from Mr Myerson’s invoices, was underway almost as soon as Rome collapsed in July 2014. Hyson is, to all intents and purposes the collection of evidence for, and the pursuit, of the civil litigation. Another clue is that, according to a very reliable source, three of the claimants’ witness statements were drawn up and signed before 19th January. Another clue from Mr Myerson’s accounts is that he was working on his skeleton argument and a draft order on 13th January.

But the most compelling reason is that the huge amount of materials exhibited with the harassment claim form could not have possibly been assembled, printed, collated, boxed and sent to the court, the nine claimants and three defendants on the following day. It takes a porter’s trolley to wheel them into court. Included in those boxes full of lever arch files is a witness statement from Mrs Wintermeyer that names twelve other individuals as potential claimants in the harassment proceedings, including the Temporary Chief Constable of Cleveland Police, Iain Spittal (pictured below); retired NYP ACC Steve Read and five other NYP officers. Two of them at managerial rank. Four of them still serving and one retired.

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That statement also makes clear that approaches had been made by Mrs Wintermeyer to councillors and officers of North Yorkshire County Council, City of York Council, Scarborough Borough Council and Leeming Parish Council, amongst others, to canvass backing for NYP’s harassment claims. This is a process that must have taken weeks and months, not hours.

It is not clear upon whose instructions Mrs Wintermeyer was acting, in what appears to be unethical touting using the temptation of free legal funding, courtesy of the unwitting taxpayer, in the name of North Yorkshire Police. It is unprecedented and scandalous conduct by a police force, or any other public authority for that matter, following extensive searches to find a similar example. For a solicitor (and an officer of the Court) to indulge herself in such practices may also pose regulatory, or court procedural, issues.

Significantly, the number of claimants has seemingly reduced by one, not increased: Retired Superintendent Heather Pearson (pictured below) no longer appears on formal court documents, including the Consent Order agreed on 9th February, 2015. The fact that her witness statement was not signed, or dated, at the time of service may have a bearing on that. Ms Pearson was a senior officer on the failed Rome investigation under DCC Madgwick’s direction. By contrast, none of the twelve named by Mrs Wintermeyer, or the many other and so far unnamed public officials, have come forward to join in the financial free-for-all.

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But it was at the end of January 2015 where it all started to go wrong for the police, its PCC and all the others involved in Operation Hyson. Having taken almost six months gathering information for their legal claim, the decision was taken to abandon the Court’s strict requirement for pre-action protocol to be followed. This involves a letter before claim being served on defendants so that they can marshall their own resources and attempt to narrow issues between the parties, before the expense of court costs is incurred. A decision made all the more extraordinary insofar as the principal target of the litigation, Mr Peter Hofschröer, was incarcerated in HMP Wandsworth, having been arrested by NYP in York city centre six weeks earlier.

The court papers show that they were sealed on 20th January and it has been established that process servers were engaged to hand them to the defendants the day after. The cost of that exercise was over £1,000 for delivering two boxes containing fourteen oversized lever arch files to three addresses.

An interim hearing date at Leeds High Court had already been set for 9th February, 2015 by the time proceedings were filed and served. Whether the defendants were available to put their case to the judge, or not.

On the face of it, the action of the police gave every appearance of a legal ambush. It is also a fair assumption that they either did not expect the two journalist defendants, Tim Hicks and Nigel Ward (pictured below), to turn up at court – or they would attend unrepresented and find themselves facing a leading QC and a junior barrister.

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In the event, after a hasty scramble, representation was arranged for the journalists via Nottingham law firm, Bhatia Best, and London human rights barrister, Ian Brownhill. It was a smart move as no injunctive relief was granted for the nine claimants and there was no order for costs. The Daily Mirror journalist in court at the time, Mark Lister, described the Consent Order agreed by Mr Brownhill and Mr Myerson as ‘a complete capitulation‘ by the police’s lay claimants.

Mr Brownhill also raised the moot point that, in his opinion, the funding of the civil action by the police was potentially ultra vires or in layman’s terms, in breach of common law. NYP’s legal team had, at first, tried to conceal from the defendants’ lawyers that the police were, in fact, financing the claim. Nowhere, in fourteen lever arch files of pleadings, could a certificate of funding be found. Which hardly suggests that NYP were brimful of confidence that such an arrangement would withstand judicial scrutiny.

Neither did the fact that Julia Mulligan had opted not to inform the North Yorkshire taxpayers about the fact that she had committed well over £200,000 of their money, taking sides in what her solicitor describes, disingenuously, as a ‘family dispute’. No formal Decision Note was published in October 2014 when the agreement to spend this money was allegedly made with the Chief Constable and, as rehearsed in some detail above, the public would not have been informed at all without my intervention. A fact admitted by Mrs Wintermeyer in correspondence between us.

This refusal to publish details of the decision to fund a private legal claim does not sit easily with the PCC’s repeated assertion of ‘openness and transparency’ in her approach to her elected representative role or, indeed, her lawful obligations under the Elected Local Policing Bodies (Specified Information) Order, 2011 at Schedule Part 1 5(d) which states: ‘a record of each decision of significant public interest arising from the exercise of the elected local policing body’s functions, whether made by the body at or as a result of a meeting or otherwise

Mrs Mulligan, Mrs Wintermeyer and the PCC’s Chief Executive, Joanna Carter, are all silent over what they knew about Operation Hyson – and they are all also currently claiming it is uncosted as far as NYP internal charges are concerned – from its inception at the beginning of August 2014 until the meeting on 15th October, 2014, where it is said that Mr Porter approved the expenditure of Ford and Warren’s budget estimate of £202,000.

Ms Carter was Treasurer to the defunct North Yorkshire Police Authority (NYPA) from 2005 to its cessation. A very troubled period in which there were repeated scandals over alleged misuse of public funds by senior police officers. Throughout that period Jane Kenyon was, significantly, Chair of NYPA.

Piece by piece, the picture on the front of the Lucky Dragon jigsaw box begins to shape up.

By May 18th, 2015 the legal costs incurred by solicitors and counsel retained by NYP on Operation Hyson had run up to £141,737.94, almost 75% of the budget. On 29th May I first raised my disquiet with Mrs Mulligan, and her staff, about the missing Decision Notice and lack of other information to which taxpayers were entitled. Those legitimate concerns were studiously ignored.

Poor engagement with constituents, and journalists, has been a consistent feature of the PCC’s tenure and she has twice been upbraided by the Police and Crime Scrutiny Panel (PCP) on this issue. On one of those occasions, in December 2013, she was asked by the PCP to apologise to one of the two journalists involved in this action as defendant, Tim Hicks. Mrs Mulligan has steadfastly refused to do so ever since. Not only undermining her own credibility, bringing the complaints system into disrepute but, most crucially, calling into question her own personal motivation for funding the costly harassment action against Mr Hicks, with the public’s cash.

A case management hearing on 26th June, 2015 was the next court outing for the police’s high-powered and hugely expensive legal battalions, which no doubt contributed to the uplift in the lawyers’ bills to £164,602 by the end of September. This was the figure published in the long-overdue Decision Notice which appeared, unheralded, on the PCC’s website on the 29th of that month.

Submissions made by Mr Myerson in his skeleton argument ahead of the June hearing included the false claim that I had been in Leeds High Court on 9th February (rather than in my sick bed at home) and an equally ludicrous assertion that I had ‘harassed’ Chief Constable David Jones and eight other claimants by posting articles and messages on behalf of Messrs Hicks and Ward. This harassment claim was not particularised, which was unsurprising as there are no such harassing articles or messages. Significantly, there has been no contact from either Mr Jones or his police force, since the hearing, that remotely concerns such allegations. It amounted to nothing more than a blatant attempt by North Yorkshire Police to smear.

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The Decision Notice makes no attempt to account for the delay in publication, or the unusual circumstances in which Mrs Mulligan was compelled to comply with her lawful obligations. Most crucially, it does not mention that her two most senior officers, the Chief Constable and his Deputy, were to benefit by at least £24,000 each from the arrangement. We are back, it seems to the bad old North Yorkshire Police days of the Della Canning, Grahame Maxwell and Adam Briggs style of management.

The whole matter of the PCC’s Decision Notice has the uncomfortable feel of sleight of hand and historical revisionism, not assisted by Mrs Wintermeyer’s refusal to provide documentary evidence to back up the claims made in the notice. Such as email communications between the PCC and Mr Porter or Joanna Carter between August and October, 2014. Mrs Wintermeyer’s preoccupation with attempting to smear me over a similar civil harassment case, in which I recently succeeded against the IPCC and their three publicly funded lay claimants, did more to undermine her credibility than mine. A link between the two cases is that one of the IPCC’s claimants against me, Senior Oversight Manager Rebecca Reed, was also approached to join in with NYP’s harassment action. This information was taken from the Miss Reed’s own witness evidence in a third money-no-object, publicly funded harassment action which concluded on 18th February, 2016 at Leeds County Court. The defendant refused to participate in the proceedings claiming that his Article 6 convention rights were being breached by the Court.

Less than three weeks after publication of the Decision Notice, on October 16th 2015, Mrs Mulligan was telling a former local councillor at a Whitby Rotary Club lunch that ‘the spending tap has been turned off‘ as far as Hyson and the civil claim was concerned. She was, it seems, either being economical with the truth or was being misled by police’s chief officer team.

Notwithstanding the PCC’s claim, there have been two more court hearings in Leeds since the Decision Notice appeared. On 27th November 2015 and 20th January, 2016. At the first of those hearings judgment was awarded against Mr Hofschröer which leaves the two journalists as the remaining defendants and legal costs spiralling out of control – and very likely well beyond the budget figure of £202,000.

With a trial date now set for 20th July, 2016 legal costs are likely to run over to £400,000 with another large chunk of senior police officer time occupied on top of the financial burden.

The one saving grace as far as the PCC’s legal costs are concerned is that the police QC, Simon Myerson (pictured below), has absented himself from the latest two hearings, although he is still on record at the court as leading barrister for the claimants. When approached on the Twitter social media website as to why a QC was running a county court harassment claim he stated that ‘the law is complex and the point is novel’. That was taken to mean whether the funding decision was vires or ultra vires. When this was put to Mrs Wintermeyer in subsequent correspondence between us she claimed the issue of vires was not at all novel.

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Mr Myerson charges the police £300 an hour to give opinions and advocate in their cause. Even when he is travelling in his car, with expenses on top. Yet, he is happy to spend an inordinate amount of time on Twitter ‘arguing’ for free, and ‘losing’ on a surprising number of occasions.

Two freedom of information requests concerning sight of the up to date bills from Mr Myerson, his junior colleague, Miss Lynch, and Weightmans have not yet produced a response from NYP. The first of those was made on 8th January, 2016 and the police have, to the surprise of no-one, been prepared for the umpteenth time to break the law rather than comply.

A separate freedom of information request, concerning the independent legal advice received by Mrs Mulligan about the legality of the civil claim funding, also remains unfulfilled. It simply asks for sight of the invoices from the solicitor and barrister who provided the opinion. A similar request was made concerning the ‘opinion’ sought by the PCC’s auditors, Mazars LLP, that enabled them to pronounce, belatedly, that the use of public funds to fund private litigation is lawful. They are also now overdue for disposal.

So much then for Mrs Mulligan’s and the Chief Constable’s approach to openness and transparency. A phrase that is repeated no less than four times in the PCC’s Decision Notice. Doth the lady protest too much?

An update to the PCC’s Decision Notice and a sharp upward revision of the budget for the legal expenditure is eagerly awaited, as is requested comment on this report from the two police chiefs.

A clarification on the position regarding Value Added Tax and P11D benefits in kind for the police employees named in the civil claim, would also be most welcome by the taxpayers of North Yorkshire and beyond.

The cost of silencing journalists via the civil courts doesn’t come cheap, as the IPCC recently discovered, and neither is it guaranteed to succeed.

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Page last updated Thursday 19th May, 2016 at 0745hrs

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

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

 

Cost of silencing police force critics now approaches £1 million

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

Operation Lamp: A Major corruption scandal

‘This report will blow West Yorkshire Police apart’.

Sounds melodramatic, but these are the words to me of a well placed insider about an investigation into the fit-up of an up-and-coming young police officer, by his Leeds Bridewell colleagues, twelve years ago.

That bombshell revelation also fits into my own sphere of knowledge. Which is much more than most, as I was instrumental in setting the Terms of Reference for phase one of the investigation, in my role as complaint advocate to the family of ex-PC Danny Major.

Danny had only one dream as a boy. To follow in the footsteps of his devoted father, Eric, as a career policeman. On my frequent visits to the Major family home I watch Danny’s young nephew play with the toy police cars that have become family heirlooms. Soon Danny’s own bright-as-a-button little boy, Matthew, will be dreaming of driving those same police cars, as he plays with them.

It is a travesty that the conviction against Danny’s name is not yet quashed and relief brought to his inspirational, hard-campaigning mother, Bernadette Major, who has never once doubted, in over twelve years, that her son was innocent.

A trusted and well-liked bobby of the old school, Eric Major retired in 2011 after 31 years exemplary service with West Yorkshire Police. Danny’s own rise through the ranks ended abruptly in 2006 – after only six years – when he was convicted of assaulting a drunken, violent teenager he was attempting to arrest in the centre of Leeds three years earlier. He was subsequently jailed for fifteen months (released after only four) but Danny, a university graduate, feels he is still serving a life sentence as he waits for the Criminal Cases Review Commission (CCRC) to consider his case for a second time.

In November 2006, after three trials, Danny was convicted of actual bodily harm and common assault. He was acquitted of a second assault charge. It was alleged that on 6th September 2003, he arrested Sean Rimmington for being drunk and disorderly while on duty near Millgarth police station. The prosecution claimed that Danny kicked Rimmington twice in the ribs whilst the prisoner was handcuffed in a police van parked in the docking area outside Leeds Bridewell. It was further alleged that Danny removed Rimmington from the van by throwing him head first onto a concrete floor and punching him in the head on at least four occasions.

The Bridewell police station in Leeds City Centre
The Bridewell police station in Leeds City Centre

In the police cell within the Bridewell, the prosecution claimed that he assaulted Rimmington, by punching him five to six times in the face, causing injuries to his nose. Danny says he committed none of the alleged assaults, which either didn’t happen at all or were, instead, committed by other police officers.

Crucially, the police failed to disclose CCTV footage that could have helped Danny’s defence team. It was produced in the final days of third trial when it was too late to be used in court. The footage was subsequently presented to the CCRC, who refused to refer the Major case back to the Court of Appeal on the grounds that it did not materially enhance the defence case at trial and would not be seen as new evidence, or argument.

Danny’s imprisonment was a police trade-off for, what the court heard at the second trial, the concealment of the “shambolic” state of affairs in the Leeds Bridewell custody suite. Judge Linda Sutcliffe QC was not wrong: Amongst the many failings were the falsification of an entire night shift’s custody visiting records, right under one of the CCTV cameras (belatedly disclosed to the Major family) and with running, comedy-act, commentary provided by the officer involved, PC Richard Roberts. Better known to colleagues as ‘Ivan’. A senior PSD detective commented that “there was no proactive supervision” in the Bridewell, which resulted in prisoners not booked in, cell visits not made and others taken to wrong cells. Twelve years after Sean Rimmington received a series of injuries whilst in custody, West Yorkshire Police still have no explanation for concealing the missing 13 hours of CCTV footage that would have cleared Danny Major’s name at Court. Nor have they produced any film from the other five cameras they alleged were not working on that night.

In the hours after the incident, and whilst he was at the city’s  St James’s Hospital receiving treatment for injuries inflicted by the prisoner, Danny was accused by another police officer of punching the comatose teenager thus causing his injuries. He was suspended from duty but, he says, was not overly concerned, initially. “The Bridewell has cameras everywhere,” he says. “Alarms go off if film is not in them. It is not somewhere you commit offences. When I heard the allegations I told them: ‘Just look at the CCTV cameras’. Then, my own force’s Professional Standards Department claimed that at least five cameras weren’t recording.”

It was, to say the least, an operational and mathematical improbability that so many cameras had failed on one night in and around the main custody cells in a city the size of Leeds.

The first Danny Major trial was stopped following an abuse of process submission by his defence counsel. There were a number of flaws connected to disclosure of evidential materials to the defence team by the police and CPS – and the Crown’s overall presentation of its case was criticised by the judge. At the second trial, at Bradford Crown Court, the jury heard that officers at Leeds Bridewell failed to follow even basic procedures, as outlined above. The jury was unable to reach a verdict and discharged by Judge Sutcliffe. The third and final trial also saw another circuit judge, the late Roger Scott QC again repeat the view that the custody suite was “a shambles”. He criticised senior police officers, including Detective Inspector Michael Green, and called the Rimmington custody record “a document of fiction”. Perjury, by any other name, once its contents were relied upon, by Green, under oath. Indeed, the judge went on to say further: ‘We saw an unorganised, unsupervised rabble. In my view, it requires further investigation and possible charges against a large number of officers”.

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The Leeds Bridewell “Shambles”, as described by Judge Scott in court, was the headline that covered most of the front page of the Yorkshire Evening Post the following day.

Danny was acquitted of assaulting the teenager whilst putting him in the van on a jury count of 12-0. The jury simply did not believe his accuser, PC David Oldroyd. Danny was, however, convicted of assaulting him while taking him out of the van which, once the proximity of another police vehicle in the caged and CCTV’d Bridewell van dock is confirmed, that alleged attack becomes a physical impossibity. He was also convicted, by a majority of 10-2, of the cell assault.

The police’s key witness PC Kevin Liston has now left the force in disgrace, after committing a series of assault/drug/sex based offences before and after the trials. Liston was kept ‘clean’ by the Professional Standards Department (PSD) of West Yorkshire Police, racking up at least twelve serious crimes over a ten year period. That was the price the force had to pay for the lid not coming off the huge cover-up that was in play. Much more can be read about Liston here.

In January 2013, Greater Manchester Police was appointed to review the PSD investigation that led to Danny’s conviction. The codename is Operation Lamp and it began with Superintendent Peter Matthews as Senior Investigation Officer. From Matthews’ first visit to the Major’s home – a meeting at which I was present – the shock at what he and his fellow officer, DC Natalie Kershaw, were seeing, when viewing the evidence for the first time, was palpable.

It was an investigation that was expected to last six months, but the amount of previously undisclosed material, plus the lines of enquiry flowing from that, extended the time required for both the detective work and report writing.

Matthews retired at the end of 2013 and was replaced as SIO by an officer who had worked on the case from the outset, DCI Julian Flindle.

Both Matthews and Flindle – and indeed the rest of the Manchester detectives involved on Lamp – developed a very good rapport with the Major family from the outset, and have been impressed by the sheer scale and reach of Eric Major’s own detective work on the case, before their more formal investigation began.

There has also, clearly, been some behind-the-scenes political wrangling as phase one of the investigation was, to all intents and purposes completed in December 2014. It is expected to at the very least infer, if not expose directly, that the drive to convict, and then remove, Danny Major from the police service extended to the top management of West Yorkshire Police.

David Crompton, the recently suspended and thoroughly disgraced Chief Constable at South Yorkshire Police, was the officer who dismissed Danny at a misconduct hearing following what his mother, Bernadette, described as nothing more than a “kangaroo court”. At the time, Crompton was the infamous Sir Norman Bettison‘s Deputy and, in correspondence between the IPCC Commissioner at the time, Nicholas Long, and the IPCC’s current Senior Oversight Manager Rebecca Reed, it is clear that is was Bettison himself who made the decision to hold misconduct proceedings, before the outcome of Danny Major’s appeal against his conviction had been heard.

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Crompton (pictured above) made an excruciating ‘gaffe’ at the opening of the disciplinary hearing that revealed his mind was already made up about dismissing PC Major and the hearing, thereafter, was a sham. It is also clear from the same batch of IPCC documents, to which I have exclusive access, that the hearing itself was potentially unlawful. No appropriate notice had been served on the IPCC by the police, who were yet to determine what disciplinary measures were to be recommended in Danny Major’s case. West Yorkshire Police later claimed – and the IPCC tamely accepted – the S75 notice was “lost in the post”. The two IPCC officers who made this discovery withheld this, and other, crucial information from the Major family for five years. This revelation would appear to seriously compromise the IPCC’s Chair, Anne Owers, who sits as a non-executive director of the CCRC.

One of the most damaging effects of that delay is that the Crown Prosecution Service disposed of their files relating to the three trials that ultimately led to conviction of PC Danny Major, prior to launching of the GMP outside force investigation.

The Operation Lamp report was presented to the Police and Crime Commissioner for West Yorkshire, and the Chief Constable, on 11th December, 2015. Mark Burns-Williamson, who for so long frustrated the family’s fight for justice, released this press release shortly afterwards (click here).

Ex DI Michael Green, Ex-PC Kevin Liston and former West Yorkshire Police Band leading light, David Oldroyd (promoted to sergeant immediately after Danny’s conviction at the third trial) are expected to face criminal proceedings, if the report is acted upon appropriately by the Chief Constable of West Yorkshire Police. Another Band member at the heart of the Major scandal is Force Solicitor, Mike Percival, who has been excluded from any further dealings with the case at the request of the Major family.

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The Manchester detectives have also been liaising with the CCRC throughout the investigation and Lamp’s key findings are expected to be presented to them, shortly. The new evidence uncovered should be sufficiently persuasive for the CCRC to refer the matter back to the Court of Appeal for a second time.

Danny Major continues to be represented in his dealings with the CCRC by Maslen Merchant at Hadgkiss, Hughes and Beale, a Birmingham firm of solicitors.

In the meantime, battle is joined with the West Yorkshire PCC, and the force, over the provision to the Major family, as key stakeholders, of an unredacted report to Danny’s solicitor. Given the track record of Mark Burns-Williamson and his Chief Executive, Fraser Sampson, in repeatedly blocking this family’s fight for justice in the years prior to 2013, it is not expected to be easy. It is also noteworthy that Burns-Williamson did not contact any member of the Major family even once, in the period between the referral in January 2013 until the day the report was delivered to him almost three years later.

A redacted version of the Operation Lamp report was made available to the Major family on 29th January, 2016. Channel 4 covered the event with this loop broadcasted on their main evening news slot: click here to view. The interview with Danny Major revealed only what has been known for some years and what I have been publishing for over three years. Curiously, C4 made no comment over the concerns about the referral by Mark Burns-Williamson and the Chief Constable to the IPCC.

Burns-Williamson was expected to announce phase two of the Operation Lamp investigation early in the new year and Greater Manchester Police are keen to take on the task with the same team of detectives who completed phase one. This follow-up investigation should probe the WYP PSD and IPCC cover-up, from 2006 onwards, that prevented the Major family getting justice much earlier than 2016. Instead the referral has been made to the IPCC which will, inevitably, mean another long delay whilst the police watchdog decides how it can best step around the fact that they were an integral part of the problem ten years ago and, of course, ever since. There is also the deeply unhealthy relationship between the Wakefield office of the IPCC and West Yorkshire Police to factor in, which is not at all good news for the Major family.

In the event, the IPCC quickly washed their hands of Operation Lamp and referred it back for ‘local investigation’ and GMP have now been further tasked with investigating ‘whether, in their view, there are any criminal and/or misconduct matters to answer’ according to a statement issued by T/Chief Constable, Dee Collins. Who shares the Command Team table with two officers who must certainly have known of the sustained Danny Major ‘cover-up’ through their senior roles within Professional Standards over the years. They are ACC Andy Battle and ACC Angela Williams. The latter was involved from the outset, dealing with Mrs Major’s original complaints about the crude fit-up of her son by his own police colleagues. Battle was Head of PSD in 2011 to 2012 when PC Kevin Liston was still being ‘protected’ whilst commiting offences.

On a more positive note if, as now seems very likely, Danny Major’s conviction is quashed at the Court of Appeal he will be reinstated in the police service, by right. It his wish that he joins the Manchester force who will have done so much to help that cause.

My own view, and one, I must stress, not shared by the Major family, is that GMP should not have been given the second investigation into the shameful conduct of their West Yorkshire neighbours. They took far too long on the first investigation, without properly explaining why, and with ACC Garry Shewan in charge – a police officer in whom I have absolutely no trust or confidence – there is the ever-present risk of tainting (Shewan is pictured below). I also have good reason to believe that, whilst Shewan is keen to see the Danny Major conviction quashed at the Court of Appeal, he is not a police service boat-rocker and, in my informed view, lacks the stomach to see through a conviction of the perpetrator of the assault on Sean Rimmington in 2003. Unless and until that happens, Danny’s name will not be cleared.

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My choice for phase two of Operation Lamp would be Devon and Cornwall Police, who conducted an investigation in 2013 which was codenamed Operation Garnett (read the redacted report here). This also concerned deep-seated corruption within WYP’s Professional Standards Department dating back to 2006 and was brought about following complaints by a retired Northumbria Police officer, Supt Trevor Fordy. All Mr Fordy’s complaints were upheld by the Devon force and some of the discredited officers were common to both the Garnett and Lamp investigations. Notably, ex-Supt Trevor Kerry. As an experienced major crimes SIO, Mr Fordy’s best collar was Curtis ‘Cocky’ Warren, the infamous Liverpool drug baron who was, reportedly at the time of his sentencing, the country’s biggest ever drug dealer.

There is also the spectre of two outside force investigations and a Metropolitan Police ‘peer review’ into alleged corruption within the Professional Standards department at Manchester which, on the face of documents I have seen, may involve both Shewan and DCI Flindle.

Aidan Kielty, a former GMP Police Federation official, now turned whistleblower, made some startling revelations to the BBC on this topic in September, 2015. Read more here. His views reinforce my own, insofar as the Major case would be best served well away from GMP, once all the implications from phase one of Operation Lamp have been dealt with. Mr Kielty was interviewed as a potential witness in a recent BBC File on 4 broadcast featuring the GMP scandal, but was edited out due to time constraints. There is a curious symmetry here as it was co-producer of the GMP programme, Sally Chesworth, whose views on the merits of the Danny Major case were one of the keys in forcing the Operation Lamp enquiry to be opened. The full GMP File on 4 podcast is available here.

However, the Danny Major scandal is a story that still has some way to run, and with the sensational collapse of the high profile Dennis Slade murder re-trial in November 2015, together with the Inspector Keith Boots alleged £1million drugs theft trial due to commence in January, 2016 it leaves the beleaguered West Yorkshire Police facing three more huge corruption scandals, to add to an already bulging tally.

With the next PCC elections due on 5th May, 2016, will beleagured Burns-Williamson be sticking to his 2012 election mantra? “There is no corruption in West Yorkshire Police

Last update: Friday 29th April, 2016 at 0925hrs

Follow me on Twitter: @Neil_Wilby

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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.

Photo credits: Greater Manchester Police; Parliament.uk