‘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.

 

 

More sex abuse failings uncovered in ‘House of Secrets’

Two weeks ago, the first of a series of five articles was published on this website that will shed more light on the unethical, unprofessional – and in some cases unlawful – conduct of Police and Crime Commissioner, Julia Mulligan, and her growing team of extravagantly rewarded senior officers, headquartered in what has previously been dubbed ‘The House of Secrets‘.

This second article re-opens the running sore of extracting disclosure from the PCC’s office and, in doing so, also re-visits two other long held concerns: Failing to hold the chief constable to account and Mrs Mulligan’s apparent distaste in addressing alleged senior police officer failings over child sexual exploitation.

A more recent concern, since he was appointed in 2017, is the ineffectiveness, duplicity and sleight of hand of her deputy, Will Naylor. That was explored in some detail in the first article in this series (read here).

On 24th January, 2019 a simple enquiry was sent by email to Naylor. It concerned matters already well ventilated in the public domain. The catalyst for the request was Mrs Mulligan’s extraordinary, and belated, claim that she had been raped as a 15 year old, together with inside information passed to me about her former chief constable. To the effect that he had, allegedly, not co-operated with the Greater Manchester Mayor’s inquiry into police failings around the Rochdale and Manchester ‘Curry Mile’ child sex abuse scandal.

That, of course, is his inalienable right. It was not a judicial, or even a Departmental inquiry, to which witnesses could be summonsed. Except that the State is funding his gold-plated pension, worth around £70,000 per annum. The reasonable expectation is, therefore, that he should have given evidence. Cleared the air. The corollary being that adverse inference may be drawn if he has not.

The request for information from the Deputy PCC was expressed in the following terms:

“You may recall that, at the last PCP meeting I attended, at Selby Civic Centre in January 2018, it was brought into public knowledge, by Cllr Peter Dew, that a complaint had been raised against the then chief constable [Dave Jones]. At the time, and my notebook records this, Julia told the Panel that there would be a robust, thorough investigation. The PCP minutes (see attached) do not reflect that, but I am sure that the tape recording of the meeting will.

“I am told, by a policing source, that there was a disapplication and no investigation by the PCC took place into Mr Jones’ alleged knowledge of child sex abuse and the shutting down of police investigation(s) by senior officers within GMP. No further mention of the matter is recorded in subsequent PCP minutes. Cllr Dew, of course, left the Panel last year over Julia’s unpleasant behaviour towards him, which further obscures the issue.

“In summary, and please forgive the convoluted route, can you please tell me [1] on what date a recording decision was made regarding the complaint raised by Cllr Dew in the PCP meeting against Mr Jones, and [2] the outcome?

“It is not possible to distil such knowledge from the scant information provided on NYPCC website.

https://www.northyorkshire-pfcc.gov.uk/how-can-we-help/complaints/complain-chief-constable/

The reply from Naylor, after the standard delaying tactics, was short and to the point:

“In response to your questions about the response to a Chief Constable complaint (sic), I am unable to share that information with you. We publish the overall number of complaints against the Chief Constable (current and past), and actions taken thereafter. We do not, and do not intend to, go into the detail of each of those with about (sic) individuals who were not part of that complaint.”

This email was sent by way of reply:

Screen Shot 2019-02-16 at 09.21.19

As of 22nd February, 2019 that email had been ignored by all the recipients. Not even the courtesy of an acknowledgement. A polite reminder, sent to Jane Wintermeyer, on 15th February, 2019 urging her to deal with the matter, at her earliest convenience has also remained unanswered.

In the meantime, other enquiries had revealed a troubling chain of events. It was discovered that the complaint against ex-chief constable, Dave Jones, had been made on 8th December, 2017 by Anthony Nixon, a retired solicitor and North Yorkshire resident. It followed the refusal by Jones to respond to a letter sent to him, by Mr Nixon, following the airing of the seminal BBC documentary series, Three Girls. 

Mr Nixon holds the view, shared by a number of others, including some very high profile Greater Manchester Police whistleblowers, that Jones, Head of the Criminal Investigation Division of GMP at the material time, may know more about the shutting down of complaints of child rape, within his operational area, than he is prepared to admit. Put shortly, the allegation is that either Jones (and others) was complicit, or he was incompetent and negligent in his duties with the most awful consequences for hundreds of victims in Rochdale and on the Manchester ‘Curry Mile’.

On 29th March, 2018, Dave Jones, less than three months after the complaint against him was aired at the Police and Crime Panel meeting by Cllr Dew, did what is described in Yorkshire as a ‘moonlight flit’. He was not seen again on duty after that date. He had booked annual leave until 9th April, 2018, then gave notice of his retirement on that day. In the same moment, he went on sick leave until the end of his notice period, 9th July, 2018. He collected over £40,000 from the taxpayer during that short time. Not a word has been heard of him since.

PCC Mulligan has never explained why she, at first, gave two misleading accounts over her chief constable’s shock exit and has not, since, pursued Jones over breach of the service contract he signed, that should have kept him in post at NYP HQ until 2020. A freedom of information request I made to her office confirms that no legal action was taken against him.

The reason she has given for Jones’ disappearance is that ‘he wants to spend more time with his family’. Giving up at least £350,000 in salary and benefits to do so. The reader is invited to draw their own conclusion as to the plausibility of that arrangement.

An underperforming chief constable, who failed miserably in the running of almost every single operational area of his police force, in the five years he was in post; had little regard for the law or other regulatory strictures; overspent his budget by over £1,000,000 in each of his last three years in post; scarcely faced a single word of criticism from the elected official, whose primary functions include setting the budget for the police force and holding the chief constable to account: PCC Julia Mulligan.

Conversely, and perversely, she made excuse after excuse after excuse, each more implausible than the last, to explain away a lengthy series of catastrophic failings. The only recorded criticism that can be traced is over the rating of North Yorkshire Police as ‘inadequate’ over the recording of crime. This finding was made by Her Majesty’s Inspector of Constabulary in March, 2018. 

Whether the complaint against Jones, by Mr Nixon, was a factor in the unexpected departure of Jones is still a matter of speculation, but the likelihood of that is diminished by the discovery that, on 26th January, 2018, a letter from the PCC’s office was received by Mr Nixon. It was signed off by Fraser Sampson, the chief executive, and set out the reason why the complaint against Jones would not proceed: Essentially, claims Mr Sampson, the complaint was a repeat of another made in 2015, over much the same matters. It ignores completely the issues raised by the complainant that could only have come to light since 2015.

There is another troubling feature, insofar as the four year investigation, relied on by Sampson (Operation Span), to dismiss the second of Mr Nixon’s complaints, did not cover either the relevant period, or the GMP senior management, of which Jones was, of course, a key player. An even more concerning aspect is that Span was a joint enterprise between the disgraced Independent Police Complaints Commission and GMP’s notorious Professional Standards Branch, the latter charged with investigating their own officers. Unsurprisingly, in spite of 1,000’s of preventable criminal and very serious offences of child rape, trafficking and exploitation, not one single GMP officer faced misconduct proceedings.

It has transpired that Mr Nixon was completely unaware, until I told him very recently, that his complaint had been raised in the PCP meeting by Cllr Dew, a retired North Yorkshire Police officer who served for 30 years, from 1971 onwards. Mrs Mulligan, Fraser Sampson and Will Naylor were all present in that meeting, but neglected to keep Mr Nixon informed. Indeed, there was no communication at all between him and the PCC’s office betwen his complaint being made on 8th December, 2018 and the Sampson decision letter seven weeks later. A recording decision should have been provided to Mr Nixon within 10 working days to comply with the applicable statutory framework.

In fact, on 15th January, 2019, as he was perfectly entitled to do, Mr Nixon made a complaint against Mrs Mulligan over her failure to respond to his complaint against Jones. He did, however, make that complaint to the IPCC, who by then had attempted to disguise their dreadful reputation with a name change to Independent Office for Police Conduct (IOPC), rather than to the Police and Crime Panel, who are the ‘Appropriate Authority’, in terms of the legislation, for dealing with such matters.

Nevertheless, the IOPC forwarded the complaint to the PCP for them to deal with. The fate of that complaint, and the troubling manner in which it was dealt with, is the subject of a further article, yet to be published. Put shortly, the PCP did not even record the complaint against Mrs Mulligan, even though she has been criticised by Panel members, on a number of occasions, over her office’s handling of correspondence and dealing with complaints.

Mr Nixon maintains, and it is a strong argument, that without them being made aware, by the IOPC and then, in turn, the PCP, of the consequent complaint against Mrs Mulligan, his issues concerning Dave Jones would have been ignored altogether by both the PCC and Mr Sampson.  With, or without, the intervention of Peter Dew.

The Nixon hypothesis is supported strongly by the fact that no report to the PCP, over the fate of the complaint against Jones, was made at the meeting in February, 2018. Or, at any subsequent meeting. Cllr Dew has, helpfully, confirmed that he was not informed, either. He was aware that a matter raised by Mr Nixon had been referred to the IPCC (IOPC) at the time, but was, quite understandably, not clear as to either the substance, or its outcome. Particularly, as he resigned from the PCP in July 2018 before Mr Nixon’s IPCC/IOPC/PCP matter was settled.

It is fair to say that the failure to record Mr Nixon’s complaint, which taken at its face, and after filtering out the hyperbole, appears to have merit, was brushed under the carpet by PCC Mulligan. She plainly hoped that the matter would be forgotten about. As it very nearly was.

The allegations, in any event, decayed when Jones left North Yorkshire Police. The sex abuse victims in Rochdale and Manchester, and the police whistleblower who first brought the matter to light, Maggie Oliver, incensed at the outcome of Operation Span, were undoubtedly let down once again. This time by a police commissioner who portrays herself, quite wrongly in my own personal, and professional experience, as a victims’ champion.

This was not the first time child sex abuse victims were let down by senior officers within North Yorkshire Police and Julia Mulligan. The antics of both, as a large number victims of such abuse at the hands of former BBC celebrity, Jimmy Savile and ‘Mr Scarborough’, Peter Jaconelli, was painstakingly uncovered by two citizen journalists, Nigel Ward and Tim Hicks, contributing to the North Yorkshire Enquirer website, simply beggared belief.

The two journalists were subject to a £1 million pursuit by the police, enthusiastically funded by Mrs Mulligan, in order to silence the Enquirer’s stinging criticism of the force and the PCC whom, between them, had found not a single Jaconelli or Savile victim. The police, and its commissioner, went to extraordinary lengths to deflect rebuke, despite the fact that the two infamous perverts had offended, unchecked, for decades in North Yorkshire. There appears to be little, or no, trace of support for those victims and a reluctant, mealy-mouthed apology was eventually squeezed out of the now retired assistant chief constable, Paul Kennedy.

Dave Jones, chief constable at the time, remained silent on the topic, apart from leading the disgraceful criminal, then civil, action against the journalists (read more here). Others notably involved as claimants in that private civil action, fully paid from the public purse, were Jones’ deputy, Tim Madgwick, who is now, incredibly, Chair of York Safeguarding Board and, even more incredibly, the present NYP chief constable, Lisa Winward.

The Jaconelli and Savile ‘cover-up’, by the force and its beleagured PCC, repeatedly alleged by the Enquirer, is serious enough of itself. Many thousands of words have been written about the scandal by Messrs Hicks, Ward and other media outlets. Viewed in the light of what now may also be a second alleged ‘cover-up’ involving child sex abuse and North Yorkshire Police, or, at least its most recent ex-chief, and the PCC, and the well-publicised and catastrophic failings of the force’s Protecting Vulnerable Persons Unit (PVPU), also glossed over by Mrs Mulligan at the time (read more here), a deeply troubling pattern emerges.

On any view, it does not sit well with her own positioning as a victims’ champion. Nor does it chime with her recent ‘stage-managed’ claim to have been raped, as a 15 year old, and relating it to the desperate fate of the child sex abuse victims in Rotherham and the ‘Me Too‘ campaign. Absurd, given that all those victims have, very bravely, named their attackers and supported prosecutions, where appropriate.

A story, according to a very reliable source, that was published by the Yorkshire Post as a quid pro quo for that newspaper burying reports over Julia Mulligan’s association with convicted kidnapper, Mujeeb ur Rehman Bhutto. She is alleged to have asked a member of her PCC staff to trawl through her personal Facebook account and delete all references to Bhutto. A Conservative campaigner, and donor, that Mrs Mulligan now claims was just one of three hundred people working on her campaign to become an MP in 2010.

This Bhutto/Mulligan exclusive was published by the Northern Echo (read full story here), two days before the Post’s public relations exercise, and produced what is described by an insider as a ‘nuclear reaction‘ from the short-fused police chief. She had previously told a select group of journalists (which, of course, excluded myself) that she had been sexually assaulted in her earlier life, but asked them not to publish any details.

The police commissioner’s rape claim – and her insistence that it is not investigated and the alleged rapist not brought to book – is the subject of another searching article that will be published on this website in the very near future.

Julia Mulligan, Fraser Sampson, Jane Wintermeyer and Will Naylor have all been offered right of reply. As has the Police and Crime Panel.

Only Mrs Wintermeyer has responded: “No comment, thanks”

Page last updated on Wednesday 27th February, 2019 at 1030hrs

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.

In the Eye of the storm

In July of last year I wrote a lengthy, forensic piece setting out a list of professional and business failings of a noted public figure in North Yorkshire, Jane Kenyon [1]. The thrust of it was opposition to her upcoming nomination as an Alderman of the Scarborough Council.

It also detailed the ways our respective paths have intersected for over forty years, personally and professionally – and the business dealings of our fathers many years before then. The disgraced Sir Bernard Kenyon had left his role as Clerk to West Riding County Council in 1968 following a Yorkshire Post exposé connected to the infamous John Poulson corruption scandal. My late father was contracts manager for a well known public works contractor at the time.

There have been several articles since in which she has featured, including a shorter, scything piece [2] over her lying in a witness statement in a criminal investigation known as Operation Rome, instigated by North Yorkshire Police with the intention of silencing her critics, who had uncovered an expanding web of her shady expense claims, business dealings and several potential offences under the Localism Act.

Miss Kenyon, as she was known then, was chair of the police authority for over seven years and, plainly, still exercises considerable power over the force. After the Rome investigation, headed up by her friend, DCC Tim Madgwick, had twice failed to persuade the Crown Prosecution Service to charge any of the three suspects with alleged harassment offences, she was able to influence the police sufficiently for them to launch an elaborate and hugely expensive civil claim at Leeds High Court – at the public’s expense. This was styled Operation Hyson.

Interestingly, Madgwick made the seamless transition from Gold Commander on the spectacularly failed Operation Rome to whimpering claimant, and recipient of a huge amount of free legal fees, in Operation Hyson. In which, it was later found that he had produced false evidence in his witness statement to boost his ‘hurt feelings’ claim. A matter over which North Yorkshire Police, and the Police Commissioner, are presently doing everything in their power to sweep under the carpet.

A few months before Rome collapsed and Hyson was launched, Jane Kenyon married her long term partner and fellow shady dealer, Thomas William (Bill) Miller, with whom she had been associated in the business scandals involving, notably, the failed Belvedere Computers (both in California and Scarborough) and Dales Timber companies.

Mrs Kenyon-Miller, as she now styles herself, was “furious” that the CPS had “let her down” by not charging the journalists Tim Hicks and Nigel Ward. Her venom being particularly stinging in the case of the latter, who lives a relatively short distance away from her and is blamed for the loss of her seat as a borough councillor at the 2015 local elections. Conveniently ignoring the fact that fifteen others on the same council also lost their seats.

Curiously absent from the Hyson civil proceedings were any claims by Mrs Kenyon-Miller against Private Eye for harassment, despite there being repeated explicit and implicit attacks on both her morals and integrity by the magazine’s investigative reporters.

It was such similar attacks that formed the main grounds for the Hyson proceedings against Real Whitby (and North Yorks Enquirer) journalists. An injunction, damages and costs were sought against both in the police-funded action. In the event, neither an injunction nor damages was granted against either, no costs were awarded against Mr Hicks and all of Mr Ward’s costs were actually awarded against the police.

At the time of the issue of the Hyson claim, in February 2015, there had been more than sufficient material published in Private Eye to constitute a ‘course of conduct’ as defined by the Protection from Harassment Act, 1997. Two articles would have sufficed. There were three that mentioned her specifically by name, and five others in which inference could be drawn against her by way of her position as Scarborough’s best known councillor, most influential Conservative party member, or the aforementioned position as police authority chair. In some cases, all three. These are the articles, together with a brief synopsis of all eight:

Wooden excuse‘ (August 2012) attacked Jane Kenyon, and her now husband Bill Miller, over the Dales Timber Ltd and Belvedere Computers business collapses and, more crucially, their failures to declare their interests in these companies on council registers. Particularly the former, as Dales Timber was a supplier to councils to which they were elected. The article notes that such registration failures are a criminal offence and can attract a maximum penalty of £5,000 and disqualification from office for up to five years. [PE1]

Double-dipping‘ (September 2012) repeats the register of interests allegations against Jane Kenyon and then piles on the agony with revelations concerning claims for the same expense from two different authorities to which she was elected. One of those being the police authority, no less. [PE2]

Rotten Borough Awards 2012‘ (December 2012) singled out Scarborough Borough Council and the ‘double-dipping’ scandal in their Highly Commended section. This is clearly a reference to Miss Kenyon in an earlier issue. [PE3]

Lisa Majesty‘ (April 2013) Whilst it was Head of Legal Services, Lisa Dixon, that was mentioned by name, the person driving the legal action to close the hated Real Whitby website was none other than the Council’s portfolio holder for Finance, Procurement and Legal, Jane Kenyon. Not mentioned in the article was the fact that a sum of £100,000 of taxpayers’ money was set asisde by Dixon and Kenyon to fund the ‘libel’ action. [PE4]

Rotten Borough Awards 2013‘ (December 2013) saw Scarborough Borough Council singled out as Legal Bullies of the Year on the back of the Lisa Majesty piece. Any libel action was never likely to succeed against Real Whitby, as the articles written about Jane Kenyon and Scarborough Council were all true. [PE5]

Congratulations‘ (February 2014) was a short eulogy about the successes gained by the Real Whitby citizen journalists on their website, and the stories that had been repeated in the Eye, over scandals involving the councils and police force with which Jane Kenyon was closely involved. A BBC Inside Out programme had endorsed the website’s reporting in an episode that was most notable for all of the councils, and the police, not responding to the BBC requests for interviews. The eminently quotable Jane Kenyon was notable by her absence, also. [PE6)

Scarred Borough‘ (May 2014) is a hugely damaging piece for the Kenyon-Millers as it reveals details of what appears to be a palpably false claim for disability benefit made by the able-bodied Bill in 1996. This followed malicious reporting of Real Whitby contributor, Nigel Ward, to the DWP over alleged benefit fraud. The report emanated from someone at Scarborough Town Hall, according to the DWP. Mr Ward was able to quickly, and fully, satisfy the DWP investigator that he was not involved in any fraud. [PE7]

Knacker Foxed‘ (December 2014) is a damning condemnation of Scarborough Conservatives (which must, of course, include their leading light Jane Kenyon) over failure to report suspicions of fellow Conservative councillor Peter Jaconelli‘s widescale abuse of children over a period of decades. The Eye says that ‘half the town now claims to have known what was going on’. [PE8]

The fact is that the Private Eye has not been subject to a single complaint – or application – by Jane Kenyon, Bill Miller, Scarborough Borough Council, North Yorkshire County Council or North Yorkshire Police over any of the articles. Nor, for that matter, have I, over the articles written about the Kenyon-Millers.

The question that follows must be: Will Jane Kenyon-Miller be persuading the police (or the council) to reach for the public purse yet again after another scathing article appeared in the satirical magazine at the end of August, 2016 and, of course, this one?

North Yorkshire Boors‘ is the Eye’s lengthiest effort yet – and much the most damaging for Jane Kenyon and her council and police cronies. The article claims that the total cost to North Yorkshire Police in pursuing what has been an almost entirely fruitless five year campaign against two citizen journalists has been ‘well over £1 million‘. [PE9]

As Private Eye would say, ‘Kerching!’

 

Page last updated on Wednesday 7th September, 2016 at 1025hrs

© 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.

 

 

 

Deceit and subterfuge underpinned PCC’s decision to fund chief’s civil claim

Much has been written elsewhere, almost exclusively by me, concerning the North Yorkshire Police investigations codenamed Operations Rome and Hyson. The satirical magazine Private Eye did, however, break mainstream media ranks and publish an article in the last week of August, 2016 [1].

The Eye piece is a scathing condemnation of the failed criminal investigation (Rome), then the civil action (Hyson), mounted by Dave ‘Knacker’ Jones, North Yorkshire Police’s chief constable, against citizen journalists who were criticising his force.

This latest article of mine looks more closely at the deceit and subterfuge that surrounded the formal decision by Julia Mulligan, the Police and Crime Commissioner for North Yorkshire, to use a huge amount of public funds to allow three high ranking police officers,  including Jones, one retired detective superintendent and a former Chair of North Yorkshire Police Authority in pursuit of harassment claims against two citizen journalists and a justice campaigner.

The civil court case, which is currently estimated to have cost the taxpayer £450,000 (Private Eye reckons it is higher than that), also featured four members of the Hofschröer family. Three as police funded claimants, Robert, Diane and Martin, and Peter (Robert’s brother) as defendant, with no funding.

It serves no useful purpose to rehearse here the infamous ‘Grandma B‘ campaign, mounted by Peter Hofschröer, over allegations that the other family members involved in the court case deprived his mother Barbara of the family home in Acomb, York with nefarious motive. My single contribution to this wholly unsatisfactory affair is to say that, on the face of the documents and evidence I have access to (which is not all of them, of course), the police picked the wrong side in the argument over the alleged property fraud.

The presence of Hofschröer family members on opposing sides of the claim gives the whole matter the bizarre feel of a family dispute gone terribly wrong. Whereas, the real motivation behind the civil claim was, say Private Eye, to silence the police force’s critics, once and for all. The Hofschröer family dispute just provided a convenient ‘cover story’ for that principal aim.

One of the many extraordinary aspects of the Hyson civil claim is that it was launched two months after Peter Hofschröer was arrested and held on remand, with no access to legal advice or his paper or electronic files. He has not been at liberty since and was convicted at Teesside Crown Court in July 2016 on indecent image charges [2].

Hofschröer now faces Part 1 extradition proceedings by the Austrian authorities at a Westminster Magistrates Court hearing listed for 15th September, 2016 on charges relating to stalking, child pornography and defamation under sections 107, 207 and 297 of the Austrian criminal code. It is also reported that he is appealing the paedophilia conviction, although how that could be grounded is not entirely clear, given that the trial was conducted by one of the North East Circuit’s longest serving judges, HHJ Tony Briggs QC.

The net effect of all this, as far as the police, and the rest of the Hofschröer family is concerned, is that none of the offensive articles about which they complained have yet been removed from the internet, nine months after an injunction prohibited their publication – and the likelihood of ever collecting the costs awarded against Peter Hofschröer are almost non-existant.

Put shortly, and given his continued incarceration over the criminal matters, the civil claim against him was a complete waste of time and money.

Which brings us to the decision to spend a vast amount of public money, made by the PCC and published on her website [3], some twelve months after she was required to do so, by law.

Despite being asked a number of times the PCC refuses to explain the delay between the first of the lawyers’ Hyson invoices pouring in (July 2015) and the Decision Note being put up, unannounced, on her website fifteen months later. What follows in this article will go a long way to unlocking that mystery.

To facilitate this analysis, the text of the formal Decision Note dated 29th September, 2015 is taken verbatim from the NYPCC website and highlighted below in blue. My comments, grounded mainly in responses to correspondence with the police and the PCC’s office, freedom of information request finalisations and public accounts access disclosures, are in black type beneath each section.

Screen Shot 2016-09-04 at 13.50.10

Executive Summary and Recommendation

The Police and Crime Commissioner (PCC) is ultimately responsible for representing the public in all matters, as well as overseeing  the policing budget to ensure good value for money for the taxpayer.

Many would submit, along with myself, that allocating around £50,000 each in free legal fees to the Chief Constable, Deputy Chief Constable and the Head of Uniformed Services (whose combined total salaries of around £340,000 per annum plus benefits totalling another £60,000pa ) would not pass any known Value For Money test.

It should also be said that, in my extensive investigative experience, the PCC in North Yorkshire puts her unquestioning support of the police – and particularly Dave Jones – well ahead of any representation of the interests of the public. 

This Decision Notice will demonstrate that the PCC is holding the Chief Constable to account by monitoring the financial support of a specific case which is currently a matter of ongoing civil proceedings.

The one significant feature of the PCC’s tenure has been her complete failure to hold the Chief Constable to account. This was a key strand of argument from those opposing her in the PCC elections in May 2016, when Julia Mulligan was elected on a much reduced majority. The shambles surrounding this Decision Notice is a further example of that.

The PCC is satisfied that supporting the action by individuals is a lawful and proportionate use of public money and is in line with her priority of supporting victims and ensuring an efficient and effective police service. This Decision Notice will explain the scrutiny process.

In the Hofschröer case there has been one victim who stands out above all others: Disabled World War 2 veteran, Barbara Hofschröer, who was displaced from her home and now languishes in a council run care home, cut off from her chosen carer. Whilst no right thinking person could condone the appalling manner in which the campaign for justice for Grandma B (as Barbara is widely known) was run by her son and carer, Peter, at the heart of this issue is a grave miscarriage of justice.

In order to be as open and transparent as possible, the PCC publishes all Decision Notices so they are available to the press and the public.  This happens whenever a decision is in the public interest, of which there are several tests. In addition, the PCC expects the Chief Constable (CC) to draw to her attention issues which (amongst other things) are sensitive, contentious, novel or repercussive or where there is a real risk that the Commissioner or Chief Constable could be exposed to public criticism.

This Decision Notice was only published after considerable pressure was brought to bear by me, both via social media and a complaint to the Police Scrutiny Panel. Almost a full year after the PCC was legally obliged to do so.

In making this decision publicly and formally, through a published Decision Notice, the PCC will demonstrate that:

  • She is holding the Chief Constable to account by monitoring the financial support provided to a specific legal case, which is in the public interest

On any reasonable view it is difficult to see how the public interest is satisfied by granting huge benefits, by way of free legal fees, to very highly paid senior police officers over ‘hurt feelings’.

  • She is satisfied that supporting the action is a lawful and proportionate use of public money in line with her priority of supporting victims, and is in the best interests of the public purse

There are thousands of victims of serious crime in North Yorkshire who have received no financial support, whatsoever, from either the state in general, or North Yorkshire Police in particular. To allocate huge sums of money to alleged victims of harassment without violence is preposterous. Away from North Yorkshire, I draw the stark example of the families of the twenty-one victims of the Birmingham pub bombings who are desperately seeking public funding for legal representation at the new inquests. They have, so far, been refused legal aid and an appeal direct to the Home Secretary has been made. Perhaps they might get  more joy from Julia Mulligan?

She is upholding her commitment to being open and transparent.

The repeated use of the expression ‘open and transparent’ is troubling (they are underlined for emphasis). It has been proven beyond any doubt, whatsoever, that the PCC’s office is anything but. To the extent that Julia Mulligan is due to appear in Huddersfield County Court on 11th October, 2016 over her persistent breaches of Data Protection and Freedom of Information Acts. Much of the withheld information that forms the grounds for my claim concerns Operations Rome and Hyson.

1. Introduction and Background

Over the last seven years an individual has been involved in a complex family dispute.  Some of the allegations made have been investigated for possible criminal offences.  During the course of the investigation, members of the public and several professionals involved in the case, including former and serving police officers, have sustained alleged harassment.  The alleged harassment has included an amount of comment about their personal integrity and has been experienced through correspondence with the force and the Office of the PCC (OPCC), in formal complaints and on various social media outlets including websites and blogs.

The individual concerned was Peter Hofschröer. In an ‘open and transparent’ Decision Notice it seems odd that he has not been named. Six months after court proceedings were opened in a public hearing. Similarly, the websites referred to were Real Whitby and the North Yorks Enquirer. The blog in question was the previously mentioned Grandma B.

Criticism of North Yorkshire Police is of course accepted as fair comment and complaints are dealt with in accordance with procedures.  North Yorkshire Police strives to encourage engagement and debate with the public it serves, and in no way seeks to “close down” legitimate criticism that is helpful in improving the service response.  However, some of the comments have been so personal as to have affected the health of some of the recipients.  Police officers are used to dealing with difficult situations, they have broad shoulders and they are certainly not above criticism. 

There can be few, if any, other public bodies that are as sensitive to any criticism as North Yorkshire Police. It only encourages debate if they are able to control the agenda. Similarly, if the force is tackled on any area where their service falls below the required standard they are simply not interested in engaging with those who highlight shortcomings.

Similarly, the assertion that complaints about NYP officers are dealt with according to procedures is risible. A growing portfolio of cases to which I now have access has proved, beyond any doubt, that abuse of the complaints system by the force is on an industrial scale.

There has however been years of unwarranted harmful personal abuse that has tied up police time.  If the behaviour had been physical then there may have been a variety of different solutions to stop the behaviour and the Chief Constable has a statutory Duty of Care to look after the health and safety of his employees no matter how any distress is caused. Along with the health and safety of individuals, the effectiveness and efficiency of the police service is paramount and must be protected.  Over a considerable period of time the contact of individuals has impacted greatly on police resources in a way that is not sustainable.

The three officers concerned here are Chief Constable Jones, Deputy Chief Constable Tim Madgwick and Chief Superintendent Lisa Winward (since promoted to Assistant Chief Constable). The harassment, according to the claim’s particulars and their own witness evidence, comprised of emails and articles on two websites. It is very doubtful that the two chief officers saw the emails and even more doubtful that they read the articles on what are two niche websites. Indeed, the pleadings made it clear that a lot of the ‘harassment’ complained of required a Google search by a team of expensive lawyers, working on their behalf, building a case.

The Chief Constable took the decision to proceed based on clear advice from a leading Barrister.  Based on that advice, the Chief Constable took the view that civil litigation was a necessary step to exercise his duty of care to members of his own organisation and to protect members of the public.

The leading barrister is Simon Myerson QC, who had also been advising on the spectacularly failed criminal investigation, Operation Rome. It is unclear why, in an ‘open and transparent’ Decision Notice why such a high profile lawyer would not be named. He had already appeared in court in the matter twice by the time the Decision Notice was published.

The decision by the Chief Constable to fund legal action to support individuals – both former and serving officers, and others connected with the case – attempting to prevent further alleged harassment was considered at great length.  Legal advice was proactively sought. 

Alongside that formal legal advice, both the PCC’s and Chief Constable’s Chief Finance Officers were consulted and provided their professional opinion.  Financial regulations were also checked. 

The External Auditors have also scrutinised the rationale and confirmed that North Yorkshire Police has the powers to undertake the actions that it has.

An employer has a statutory duty of care to the employees of the organisation.  Responsibilities include matters of health and safety and well-being.  Supporting this case seeks to addresses this.  Along with this duty on the employer there is a legal power and duty upon the PCC to maintain an efficient and effective police force for the area.  Supporting this action seeks to contribute to this in relation to the significant time and resource that has already been spent on this matter.

As is often the case in legal proceedings, most of the cost is frontloaded as evidence has had to be filed at the beginning.  This Decision Notice is being considered before the proceedings move towards any possible further hearings.

Two hearings had already taken place at Leeds High Court and a third hearing was already listed, before the Decision Notice was published. On 9th February, 2105; 25th June, 2015.  and 27th November, 2015 respectively

The position at this time is that the defendants can now decide whether to contest the case brought.  If they do so, a final hearing timetabled by the Judge would then be required.  It is of course hoped that a lengthy hearing can be avoided by the defendants agreeing to proposals made.

By the time the Decision Notice was issued it was clear that the two journalists were not going to go down without a fight and that a lengthy and costly legal battle was inevitable.

The final cost of the civil case will depend at what stage the case is finalised. Any early settlement will avoid a contested final hearing.  So far (to the date of this report), external legal advice and representation in the civil proceedings has cost £162,406. Most of the cost is frontloaded in this type of proceedings, as evidence has had to be filed at the beginning.

An estimate for the anticipated costs was made before the start of the proceedings and was estimated at around £202,000.  This is set against the cost of over £400,000 which the matter had already cost the force in dealing with the activities of those against whom the civil claim is made.  There was no apparent end to the case without positive action and other solutions had already been exhausted, which was a key factor in determining the course of action through the civil court.

It must have also been clear at that time that the estimate for the legal costs was going to be well in excess of the £202,000 estimate referred to in the Notice. The claim of £400,000 being the cost of dealing with the ‘activities’ of the defendants has been proved beyond any doubt to be far-fetched in a highly forensic article I wrote on the subject earlier this year. Read ‘409,970 reasons not to trust North Yorkshire Police’ [4].

In addition, the victims of the alleged harassment need to be able to seek relief from the alleged harassment they have felt and the PCC felt it appropriate to support them as victims in these proceedings.

A freedom of information request has been submitted to the PCC’s office to establish how money other victims of crime have been granted access to police funds to pursue civil claims.

2. Other Options Considered

It is for the Court to find, on consideration of evidence put before it, whether the issues and behaviour concerned have amounted to legal harassment of the individuals concerned. However, North Yorkshire Police felt obligated to take positive action to try to protect its staff.  Therefore it was decided to support the officers to commence civil proceedings as individuals.  In addition, as all solutions in the criminal arena had been exhausted for other claimants, a decision was taken to combine all actions of all individuals concerned from the start.  This was considered to be the most operationally and administratively effective solution saving both financially and court time (and therefore further public money) to combine all actions of the individuals concerned from the start.  It is hoped that the final outcome will reduce the distress felt by all those party to the action.

Citizen journalist Nigel Ward was included in the action despite none of the police officers (serving or retired) having any evidence against him, whatsoever. The Hofschröer family and their social worker had none either. That meant eight of the nine claimants had nothing against Mr Ward. Yet, the police officers held him in the claim until June, 2016 before discontinuing their claims and agreeing to pay Mr Ward’s costs. At the final hearing, Mr Ward was also awarded his costs against the ninth claimant, Jane Kenyon-Miller. This is likely to add over £100,000 to the police bill and raises huge public interest and misfeasance questions about the funding, by the police, of an action that, in the end, amounted to a wealthy public figure trying to crush a penniless pensioner into silence over her dodgy business dealings.

3. Contribution to Police and Crime Plan Priorities

The action supports the Policing Priorities in the Police and Crime Plan.

This statement is a nonsense. There is nothing at all in the Plan that supports senior police officers being granted huge sums of public money to pursue journalists over alleged harassment. Especially, after the CPS had twice ruled against the police on charging decisions over those same allegations.

4. Implementation and Resourcing Implications

The proceedings will continue in line with Directions made by the Court and regular meetings will be held to monitor progress and plan for different outcomes depending on any Orders or Judgment.

A freedom of information request has been made concerning the notes of those meetings. The decision to proceed to trial in a one versus one situation was very high risk for the police – and so it proved. The officers involved in that decision should be named and shamed.

5. Consultations Carried Out

Professional consideration and advice has been provided by: 

Department
Office of the PCC
Financial Services
Local Policing
Human Resources
Joint Corporate Legal Services
Corporate Communications

 5. Compliance Checks

Financial Implications/Value for money: 

Comments of the Commissioner’s Chief Finance Officer
Prior to any expenditure being undertaken on the work to support funding this case the PCC CFO and CC CFO were consulted and their authorisation sought to spend public money in the way proposed. As PCC CFO, and therefore advisor to the PCC on financial matters, it was my opinion at the time, and continues to be my opinion that the organisation has the ‘power’ to incur expenditure in this way based on 2 reasons from a financial perspective.

This is patently untrue. Work was in train on Hyson as soon as Rome ended in July, 2014. The earliest recorded discussions taking place over funding was three months later, in October 2014. There are also significant breaches that have been exposed, by freedom of information requests,  over procurement regulations in force. Solicitors and barristers were awarded contracts for over £200,000 without any tendering protocol being observed. Requests for sight of the Single Tender Access documents, upon which the police later relied as an explanation, have fallen on stony ground.

The first reason is that an employer has a statutory duty of care to their staff in matters of health and safety and well-being, which is something that supporting this case looked to address. The second reason is that the PCC has a legal power and duty to maintain an efficient and effective police force for the police area. Given the amount of time and resources that has been spent on this matter previously, an estimate of which is set out within this Decision Note, then to protect the effectiveness and efficiency of the Force and to enable scare resources to be directed to the most appropriate areas of policing then the power exists to spend the money in the way outlined within this Decision Note.

It has been demonstrated beyond any doubt that the figure of £400,000 relied upon for expenditure on Operation Rome – and used as justifaction for spending £200,000 on Hyson – was largely an invention.

As mentioned elsewhere, legal advice has been sought and received in relation to the power of the organisation to spend public money in this way which supports the views of the statutory officers employed by the PCC and CC. In addition to this the External Auditors for North Yorkshire Police and the PCC have looked separately into this matter, to satisfy themselves that the organisation had the power to spend the public’s money in this way. While their formal opinion has not been received on the 2014/15 Statement of Accounts it has been communicated that they are satisfied that the ‘powers’ that the organisation has relied upon to incur this expenditure are lawful.

The External Auditors, Mazars, were not even aware of Operation Hyson until I raised it with North Yorkshire Police during the public accounts access period in July, 2015. Exactly a year after the first invoice connected to Hyson was raised by Simon Myerson QC. Mazars have not produced any evidence of independent legal opinion concerning the lawful ‘powers’ of a chief constable authorising himself £50,000 of free legal fees.

Comments of the Chief Constable’s Chief Finance Officer
I am in full agreement with the remarks made by the Commissioners Chief Finance Officer. 

I have submitted a freedom of information request to North Yorkshire Police seeking all meeting, briefing notes, internal and external emails connected to the decision (and the rationale behind it) by the force (and the PCC) to fund the civil action.

Legal Implications:
External expert legal advice has been sought (which is legally privileged) and there has been significant consideration of the ‘vires’ (lawful power) to use public money to support the funding of this case.  The T/Force Solicitor and Head of Legal Services is satisfied that this report does not ask the PCC for North Yorkshire to make a decision which would (or would be likely to) give rise to a contravention of the law.

It has been proved conclusively, by me, that the PCC received no independent legal advice concerning ‘vires’ – and none was ever sought. At first, Force Solicitor, Jane Wintermeyer, falsely claimed to me, in writing, that legal opinion had been sought on 13th January, 2015. She later retreated from that position and said the opinion was given in conference with Simon Myerson QC on 15th October, 2014. Myerson has never been instucted by the PCC on this (or any other) issue – and neither has any other solicitor or barrister according to a freedom of information response.

Human Resources Implications:
Welfare provision has been considered throughout in relation to those directly affected, due to the duration of this case, ongoing assessments should continue as part of our duty of care as an employer.

No medical evidence was adduced at any stage in the claim to support the proposition that the three serving police officers have been affected in a way, beyond hurt feelings, that would justify the spending of public funds to the tune of £450,000.

Public Access to information
As a general principle, the Commissioner expects to be able to publish all decisions taken and all matters taken into account when reaching the decision.  This Notice will detail all information which the Commissioner will disclose into the public domain.  The decision and information will be made available on the Commissioner’s website.

This is patently untrue. This was a Decision Notice that should have been published in October, 2014 when the decision was allegedly made to dip into the public purse to fund this legal free-for-all. It was admitted to me, in writing, by the North Yorkshire Police Force Solicitor that there was no intention to publish a Decision Notice about this grotesque waste of public money without a formal complaint being made to the Police and Crime Scrutiny Panel concerning its absence. The failure to publish placed the PCC in breach of The Elected Local Policing Bodies (Specified Information) Order 2011.

In summary, it can now be seen that this Decision Note was a lame attempt to cover over a number of defects in due process and slack accounting procedures at the very least.

During my investigations into the Hyson case I have been variously and regularly been obstructed, lied to, smeared and even threatened with legal action by either the Force Solicitor, or those working on her behalf.

The Chief Financial Officer failed to comply with her disclosure obligations under the during the public accounts inspection in 2015.

The ‘open and transparent’ Police Commissioner consistently refused to answer questions over the funding – or even whether she had read the particulars of claim or statement of case – during proceedings by citing potential prejudice. Then, incredibly, airily dismissed fifteen public interest questions put to her in an open letter published on both this and the North Yorks Enquirer websites [5]. She went further and, incredibly, asked me not to repeat that costs had been awarded against Jane Kenyon-Miller and the other eight claimants. Nothwithstanding the fact that I was in court when the draft orders to that effect were agreed between counsel for the parties and nodded through by the presiding judge.

It is not known, as yet, whether, Mrs Mulligan and ‘Knacker’ as the satirical irreverently refer to her chief constable will be suing Private Eye over the article. Using public funds, of course.

This is a story that still has some way to run and if those officials, elected or employed, who have treated both the public and the law with utter contempt may well find that their seeming sense of invincibility will be shattered in a way they might not have considered possible. A study of section 6(1) of the Prosecution of Offences Act 1985 might well be prescriptive.

 

Annotations

[1] Private Eye, August 2016: ‘Police 5 – North Yorkshire Boors’.

[2] York Press, 11th July, 2016: ‘Historian who had 36,000 indecent images gets two and a half years’

[3] North Yorkshire Police and Crime Commissioner, 29th September, 2015: ‘Decision Notice 011/2015 – Formal support and explanation from the Police and Crime Commissioner regarding funding of ongoing civil litigation action (sic) to protect officers and members of the public against alleged personal harassment’.

[4] Neil Wilby, 20th March, 2016: ‘409,970 reasons not to trust North Yorkshire Police’

[5] Neil Wilby, 29th July, 2016: ‘Open letter to Julia Mulligan’

Page last updated on Monday 5th September, 2016 at 0845hrs

© 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.

‘Are we all equal under the law, Dave?’

In June 2013, when David Graham Jones took charge of North Yorkshire Police for the first time, he probably thought that he had ‘landed on his feet’ as we say oop t’North. A rambling, old country hall as HQ, miles from anywhere, it truly is far from the madding crowd

lfordPolicing the genteel and largely rural acres of Harrogate, Ripon and York (the latter two the only cities on his patch) would also be a far cry from his previous career postings in the rough, tough gun-toting, knife-wielding districts of Salford and Belfast.

Newby Wiske Jones Mulligan

Add to that a charming, equable and unchallenging employer, in the form of Police and Crime Commissioner (PCC) Julia Mulligan, and a Command Team deeply committed to self congratulation and backslapping, and it all must have seemed very agreeable

Top all that off with a largely tame local and regional media and what could possibly go wrong for the Jones boy?

Much has been written elsewhere about the Jimmy Savile and Peter Jaconelli child abuse scandal in the seaside town of Scarborough. In brief, the investigative efforts of two citizen journalists – Tim Hicks and Nigel Ward – led to a BBC Inside Out programme aired in April 2014. It showed NYP in a poor light and Jones didn’t put either himself, or any of his officers, up for interview.

The bottom line is, that without the sterling efforts of Messrs Hicks and Ward, the many victims of the two, now notorious, child sex offenders would have received no recognition, apology or closure. Their reward by North Yorkshire Police? To be hounded through the civil courts for eighteen months.

A Google search of ‘Operation Rome’ and ‘Operation Hyson’ will link to a number of forensic articles I have written about these two disastrous, and very costly, NYP investigations that now span almost five years. They have brought significant reputational damage to both Jones, and his police force .

Much worse publicity is yet to come as Hyson, a civil harassment claim against the two journalists responsible for the exposure of the Savile and Jaconelli scandal, lurches towards a trial at Leeds County Court on 20th July, 2016. Eighteen months to the day since proceedings were issued. The press benches will, no doubt, be overflowing to report on the unfolding proceedings.

Jones, as lead claimant in that civil case, felt it necessary to award himself free legal fees, courtesy of the public purse, before approving the launch of the claim. At a figure currently estimated at £40,000, come the end of the trial. He also authorised two of his very senior officers, Deputy Chief Constable Timothy Madgwick and C/Supt Lisa Winward (pictured below) to access the same legal fees benefit.

C-Supt Lisa Winward

On top of that estimated £120,000 diminution of the public purse by three serving police officers, Jones – in a grand gesture of munificence – also granted free access to the public purse to one of his retired police officers, ex Superintendent Heather Pearson and former Police Authority Chair, Jane Kenyon. That leap of faith then takes the bill up to an estimated £200,000.

But Jones didn’t stop there. In the best traditions of past North Yorkshire Police ACPO officers such as Della Cannings, Grahame Maxwell, Dave Collins and Adam Briggs, and their liberal approach to the spending of police funds, he awarded the same amount of free legal fees to four members of the public. Taking the total estimated bill to the North Yorkshire precept payer for the private court claim up to around £350,000.

Curiously, Jones is a leading light in the Chief Police Officers Staff Association (CPOSA) who might, reasonably, have been expected to provide support for one of their members pursuing legal action, rather than Jones using police funds as a personal piggy bank. Jones’ Deputy, Tim Madgwick, is also a CPOSA member. A copy of the CPOSA legal expenses policy can be viewed here. Similarly, Lisa Winward and Heather Pearson are covered by legal expenses insurance as members of the Police Superintendents’ Association of England and Wales (PSAEW). Whilst the insurance is more regularly used as an aid to defending claims against officers, Hyson was grounded, allegedly, in health, safety and welfare issues connected to the police officers.

Even more curiously, Mrs Mulligan (supported by Jones) contemplated embarking on legal action to recover monies from Maxwell and Briggs but abandoned the idea, because it might have cost too much in legal fees (and the Maxwell and Briggs personnel files had reportedly and mysteriously ‘disappeared’). In the context of the huge sum of public money spent on Hyson, and what is likely to be achieved, letting the errant chiefs off the hook looks a very poor judgement call indeed, by comparison.

Put shortly, it was “inappropriate” according to Jones and Mrs Mulligan to chase two former NYP Command Team officers for £100,000 they owe (read more here), but no problem at all to spend around £350,000 of public money hunting down two journalists.

Which makes this joint statement of Chief Constable Jones and PCC Mulligan in the wake of the Maxwell, Briggs farrago sound very hollow indeed: “The commissioner and the chief constable are determined that issues of this kind shall never be allowed to occur again”.

But an issue of exactly that kind has occurred, just over a year after that solemn pronouncement was made – and the two people at the very heart of the scandal – and some of the attempts to conceal it from the public, are the very same Dave Jones and Julia Mulligan.

The unauthorised removal (or theft if you like) of the Briggs and Maxwell personnel files also has a troubling ring to it. Are NYP saying to the wider world that sensitive materials stolen from their own police HQ go completely undetected? This has shades of the Sir Norman Bettison scandal, when renewed allegations of platinum wire theft against the former Merseyside and West Yorkshire Police chief constable (pictured below) could not be progressed, as the original criminal and disciplinary files has ‘disappeared’ from South Yorkshire Police HQ by the time outside investigators were appointed.

bettb

Returning to Chief Constable Jones, he made one of his rare public, questions from the floor, appearances in October 2013, alongside Julia Mulligan, at St Joseph’s Theatre in Scarborough. He fielded this polite and seemingly innocuous query from Nigel Ward, who was in the audience:

Are we all equal under the law, Dave?

The response was reported as: ‘I bloody well hope so’.

But what Chief Constable Jones didn’t share with Nigel Ward, or the rest of the Scarborough audience that day, is that he runs a police force that recklessly, relentlessly and calculatingly breaks the law almost every single day. I have spent over a year peering into some of the dark corners of North Yorkshire Police and the issues upon which I can now shine light make for bleak reading:

Freedom of Information Act (FOIA):

Chief Constable Jones is registered with the Information Commissioner’s Office as the data controller for North Yorkshire Police. One of the key requirements in that role is to lawfully dispose of information requests within 20 working days. They catastrophically fail to do so, as the image below graphically depicts.

Screen Shot 2016-05-20 at 14.48.54

The situation was unacceptable when Jones arrived at NYP, early in the 2013/14 financial year, but it has plainly got WORSE under his leadership. The Information Commissioner’s office has, allegedly, been ‘monitoring’ the situation for the past five years as a York Evening Press article from 2011 discloses (read in full here).

On NYP’s own website they claim that their philosophy is one of an ‘open and transparent’ approach to disposal of FOIA requests. They further claim that they follow the processes and guidelines set out in the Association of Chief Police Officers (ACPO) FOIA manual. A weblink to the manual is helpfully provided by NYP. Except, I have had to write to NYP’s civil disclosure unit and point out that their link is defective. They have been provided with the correct one (click here). However, my email has not drawn a response at the time of publication and the link has not been repaired.

More crucially, I have read the ACPO guidance and I can find very little corrrelation between how North Yorkshire Police deal with information requests (I have made 19 in the last two years) and what the manual directs them to do. So, not only is the law routinely broken, Jones sticks up two fingers to his fellow chief constables.

The dishonesty doesn’t stop there, either. NYP publish a disclosure log on their website but its usefulness is, actually, very limited because it is apparent that some of the FOIA outcomes that damage the police force’s reputation do not make it onto that log. A classic example being the one revealing the numbers of out of time requests over the past three years. So much then for the ‘open and transparent’ philosophy.

Data Protection Act

As with information requests, so it is with data subject access requests. The Act provides for all personal information to be disclosed from the force’s files.

Screen Shot 2016-05-29 at 09.10.32

In the case of my own two subject access requests (SAR’s), NYP have broken the law by failing to dispose of one of them appropriately within the stipulated 40 day period. Even after being given the generous option of a simplified form of response (a schedule of documents held, rather than full disclosure of all of them) what was provided was a deeply unsatisfactory shambles that looks as though it has been put together over a disclosure officer’s lunch break. The schedule arrived on the fortieth day, precluding any possibility of the contemplated inspection of the documents within the statutory period.

The other SAR, concerning my data held by Mrs Mulligan’s PCC office, has still not even been acknowledged, let alone determined. It fell due on 31st May, 2015. NYP are responsible, under a joint corporate services arrangement, for dealing with SAR’s and FOIA requests on behalf of the PCC’s office.

Following this latest breach of the law, a further FOIA request has been submitted to NYP requesting details of how many SAR’s the force have dealt with over the past three years, and how many were properly determined to the requester’s satisfaction within the statutory 40 day period. Full details here.

Many may say, and justifiably so, that catching murderers and organised criminals – and keeping the streets clear of drugs, guns and knives is much more important to the public, and its police force, than keeping journalists happy with a stream of information requests. But the principle of operating within the law is exactly the same: Cutting corners with sloppy detective work, outside the recognised investigative framework, will lead to some perpetrators either not being caught (the mistakes by NYP at the outset of the Claudia Lawrence case is a classic and most tragic example), or being acquitted at court if they are arrested and charged.

Police Reform Act (PRA)

Enshrined in the Act at Section 22 is the Independent Police Complaint Commission’s Statututory Guidance. Which is, effectively, a comprehensive manual setting out how complaints against police officers should be handled by the forces by whom they are employed. The person ultimately responsible for ensuring NYP compliance with the law, guidance and police regulations is Chief Constable Jones. In the terms of the Act and Guidance he is known as the ‘Appropriate Authority’. He is, quite rightly, allowed to delegate some of his powers as it would be impossible for a police chief to be embroiled in the day to day minutiae of hundreds of complaints against his officers at any one time.

But here’s the rub: Jones has selected as his delegate an officer who has shown clearly that he is not at all familiar with Statutory Guidance and, even if he was, would not feel at all bound by it. Former Leeds Drug Squad ‘hard man’ DI Steve Fincham‘s view, on all the evidence I have seen, is that the Police Reform Act and Statutory Guidance might apply to other forces when dealing with the public, but not to NYP. Why should it? It’s just another law, amongst many, to flout as and when it suits.

Jones has been subject to thirteen complaints since he took up the post in 2013. Only two were recorded and investigated. The outcomes, in both cases, were that the complaints were not substantiated. NYP did not fully comply with a FOIA request in terms of disclosing the nature of the complaints (read here). Two of the complaints have been made against Jones since the publication of the FOIA outcome. They are both, presently, subject to non-recording appeals to the IPCC.

Civil Procedure Rules

Civil Court Procedure Rules (CPR) are taken very seriously by the courts and, generally, most of the lawyers practising there. So they should. High Court judges, with greater powers than a chief constable, take a very dim view of breaches of the precisely laid out legal framework – and sanction accordingly. But Jones’ North Yorkshire Police appear unconcerned by such issues and appear to regard CPR as merely a rough guide to civil litigation that applies to everyone else but not to them. Why should it? They are above the law.

Accounts and Audit (England) Regulations

The procedure for public inspection of accounts for a larger relevant body, mentioned in Regulation 22, is that it must make the documents mentioned in that regulation available for public inspection for 20 working days. North Yorkshire Police are such a body, but do not feel bound by the Regulations.

Not just unbound, but prepared to go to extraordinary lengths to avoid compliance. In August, 2015 it was agreed, in writing, with NYP’s Chief Financial Officer, Jane Palmer, that certain invoices would be disclosed to me via pdf files carried by email, rather than visit NYP HQ in person (a 140 mile, 3 hour round trip) and pay for them to be photocopied. Almost a year later – and amidst much correspondence and two formal complaints I am still waiting. Those invoices that are being unlawfully withheld unsurprisingly concern Operations Rome and Hyson.

Police Act (Code of Ethics)

In 2014, and pursuant to S39A (5) of the Police Act 1996 (amended by S124 of the Anti Social Behaviour, Crime and Policing Act, 2014), the College of Policing introduced a Code of Ethics.

Screen Shot 2016-05-28 at 20.11.18

The public relations narrative from NYP is they they are taking every reasonable step to embed the Code Of Ethics into all operations within the force. Indeed, every email received from NYP includes the message “Committed to the Code of Ethics“.

But, setting apart the lengthy, routine and serious breaches of statute, guidance and regulations, NYP have, on the face of the extensive evidence I have collected, no interest whatsoever in complying with either the Ethics Code, or Nolan Priciples, or Standards of Professional Behaviour. This is a police force that has had all its own way, without any form of worthwhile scrutiny or oversight, since time immemorial.

Here are just some examples that involve four very senior officers, and their complete disregard for any standards that one might associate with those in public life, let alone a Policing Code of Ethics.

(i) Many more emails than not remain unacknowledged, let alone answered. The two worst offenders in my own experience are Head of NYP’s Professional Standards Department, Superintendent Maria Taylor and Press/Communications Officer, Greig Tindall. Which, by any measure, is extraordinary: The department head charged with upholding high ethical standards of all other officers in the force  – and a Communications Officer who doesn’t communicate very well, if at all – both routinely place themselves outside the Code of Ethics.

(ii) There is a strong likelihood that if a response is eventually received from a senior officer, after being prompted, then it may be sent simply with the intention to obfuscate or deceive. That is the documented experience of my direct contact with the aforementioned Jane Palmer and Force Solicitor, Jane Wintermeyer. That may well be how they view their respective roles or, indeed, how they are instructed to respond by their masters, but it doesn’t sit well within an ethical or professional framework.

The two Janes are both, presently, the subject of ongoing misconduct complaints. Apologies have been received from both of them, but that is not the remedy now sought. The issues at stake require much stronger action from the force. But instead of dealing with the core issues and moving on, the drive to cover up misdemeanours of senior officers in North Yorkshire Police is all-pervading and very much extends to Mrs Mulligan’s own PCC office.

David Jones has recently been seconded to the equally shambolic South Yorkshire Police: Ostensibly, to temporarily replace his former Greater Manchester Police colleague, David Crompton, as a pair of ‘clean hands’.

image

Now, the Police and Crime Commissioner for South Yorkshire, Dr Alan Billings, must decide whether he has simply replaced one David, albeit on an interim basis, with another David who is a copper out of the same flawed mould.

_________________________________________________________________

Page last updated Tuesday 7th June, 2016 at 2135hrs

© 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: NYP, NYPCC, SYPCC, Liverpool Echo

 

 

Letter to North Yorks Enquirer

Sir

The Hillsborough inquests verdict is the biggest story around at present with the conduct of South Yorkshire Police exposed as appalling beyond comprehension.

It has ended the career of my long term adversary, David Crompton, and he deserves every ounce of opprobrium and contempt that will come his way. I hope some of my own articles – such as this one https://neilwilby.com/2016/03/01/david-crompton-the-south-yorkshire-police-years/ – helped him on his way.

I spent a fair amount of time in that airless, featureless converted office block in Warrington that was prepared as a temporary coroner’s court to hear the new inquests. To listen to the same old lies peddled relentlessly by police officers sickened the bereaved families, the survivors of the Disaster, their legal teams and the journalists reporting from court. We will never know in detail what the jury thought of this repulsive conduct, but the verdicts they delivered spoke volumes.

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There is a link here to the good people of North Yorkshire because their Chief Constable, Dave Jones, is facing mounting criticism about how he runs his own police force. A contemporary of David Crompton at Greater Manchester Police where they were both chief superintendents, at the same time in the early years of this century, gives a clue as to what might follow for CC Jones.

North Yorkshire Police has been under scrutiny by me for over a year now and what I have found has shocked me profoundly: Since the launch of the uPSD website (www.upsd.co.uk) I had laboured under the belief that their big city neighbours, West Yorkshire Police had more integrity issues than the other two Yorkshire forces put together. Now that view is subject to revision.

A propensity by a police force such as North Yorkshire to break the law, calculatingly and relentlessly, in areas that are easily visible to the enquiring mind of investigative journalist does not bode well for those matters that require a little more digging out. NYP simply do not regard themselves as bound in any way by the Freedom of Information Act; the Data Protection Act; the Police Reform Act; IPCC Statutory Guidance; Code of Ethics or Police (Conduct) Regulations. The police flout them with impunity and – seemingly – with the tacit approval of those at the top of the management pyramid.

There is also this worrying culture of poor communication. Ask a difficult question and you are almost guaranteed not to get an answer. Or, if you do eventually get an answer there is a fair chance it will be untrue. This does not sit easily with the Chief Constable’s script on his force being ‘open and transparent’.

Equally worrying is the attitude of NYP towards its critics, which is a hair trigger response that involves denigrating and smearing – and in extreme cases spending huge sums of public money trying to silence journalists via the courts.

The North Yorkshire Police habit of senior officers helping themselves to public funds has also resurfaced under the regime of CC Jones. He and two other senior officers – DCC Tim Madgwick and C/Supt Lisa Winward – are the beneficiaries of approaching £100,000 of free legal fees to fund a private civil court claim. This is a scandal that goes beyond the financial transgressions of the infamous former NYP chief officers, Grahame Maxwell and Adam Briggs.

It was Lord Maginnis of Drumglass who uttered these words in Parliament in 2011 about North Yorkshire Police: ‘That particularly dubious constabulary that merits careful investigation

I have taken the Noble Lord’s words to heart.

Yours etc

 

Neil Wilby

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

 

Key witness in police funded civil action is a proven liar

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In a sensational and very recent development it can now be proved that the central witness in North Yorkshire Police‘s High Court pursuit of two journalists over harassment claims is a liar.

And not just a little white lie, either. There is at least one whopper that could land Jane Kenyon-Miller in a criminal court.

Documents seen by me as part of extensive enquiries into the background of a police investigation, codenamed Operation Hyson, show that she made a false statement in an earlier and directly connected police probe, Operation Rome. Both these operations sought to silence critics of the force who were seeking to expose police corruption.

As Mrs Kenyon-Miller’s statement was made pursuant to Criminal Procedure Rule R27.2, Criminal Justice Act 1967 and under a declaration that states ‘I shall be liable to prosecution if I wilfully state in it anything which I know to be false, or do not believe to be true’, this leaves the police with a serious problem. Do they apply the law without fear or favour, or bow to her influence as former Chair of North Yorkshire Police Authority and friend of the Deputy Chief Constable, Tim Madgwick (pictured above with Jane Kenyon as she was then known).

That particular lie concerns Mrs Kenyon-Miller’s association with troubled American company, Belvedere Computers Inc. She remains listed as the Chief Financial Officer and Agent for Service: A matter of indisputable fact that she has consistently tried to conceal.

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In her CJA statement, given to Operation Rome detectives in 2012, she stated that Belvedere was wound up in 1983. The truth is that the company’s two officers left a trail of creditors and unpaid staff behind them when they returned to the UK. The company is still listed as suspended – not wound up – and there are ongoing Federal and State tax liabilities accruing. It was unpaid taxes that led to the suspension of the company by the California Franchise Tax Board (see graphic above).

The Chief Executive Officer of Belvedere Computers Inc is Thomas William Miller, the long-term life partner and recent husband of Jane Kenyon-Miller.

Mrs Kenyon-Miller has also claimed in another statement that she resigned as Secretary from Belvedere in 1980. Below is an image of a microfiche of the last company document ever filed with the California Secretary of State. It shows her still holding two official postions with the computer company.

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Belvedere is not the only failed company with which the Kenyon-Millers have been associated. In 2009, Pickering based Dales Timber Ltd crashed owing over £200,000. Bill Miller was sole Director and Jane Kenyon was Company Secretary. A police investigation followed this latest failure, but no charges were brought. The victims of the alleged fraud, which include one of Mr Miller’s sons, remain bitterly disappointed in how the matter was dealt with by the police. I have interviewed Jeremy Miller and his wife, Karen, at length regarding this. I have also spoken to Bill Miller’s ex-wife, Pamela.

Since then, other lines of enquiry have been opened up and two other crucial witnesses have come forward to also give witness statements and provide contemporaneous documents. New light can now be shone onto these failed ventures and the emerging picture is one that does not show the best side of North Yorkshire Police. There appears to have been a sustained cover-up designed to shield Bill Miller and Jane Kenyon from any form of sanction.

The police cannot claim that they haven’t been provided with the necessary clues: A more detailed analysis of the chequered life and business times of Bill Miller, and the former Jane Kenyon, can be absorbed from this outstanding piece of forensic journalism posted on the Real Whitby website as long ago as 2012 (click here).

Returning to the Jane Kenyon-led harassment claims, Operation Hyson is the codename for the civil court action being financed from police funds. It is estimated that the final cost of Hyson may be in excess of £500,000. Mrs Kenyon-Miller’s personal benefit, in free legal fees, would in that case be in excess of £50,000. Her friend, DCC Madgwick is also claiming to have been harassed by journalists and is receiving a similar amount of free legal fees.

It is a well grounded belief that Mrs Kenyon-Miller, a Borough and County Councillor for many years, was the driving force behind Operation Rome. A spectacular and embarrassing failure for North Yorkshire Police which, they say, cost the taxpayer a sum close to £410,000. More than the money spent on the second stage of the murder hunt for the killer of Claudia Lawrence (read more here). Operation Hyson was started immediately after Rome collapsed, seemingly on the same money no object principle.

Given her business background, and chequered family history, it is almost beyond incredible that Jane Kenyon held the legal and financial portfolios at Scarborough Borough Council until recently.

Other official documents that I have seen confirm that Mr Miller is currently the subject of at least one Department of Work and Pensions fraud investigation with a hearing planned within the next few months: A matter about which his wife, Mrs Kenyon-Miller, claims to have no knowledge.

The civil court case is on-going so further comment regarding its merits or likely outcome is not possible at this time.

Comment has been sought from Police and Crime Commissioner Julia Mulligan, who has authorised the legal funding of Mrs Kenyon-Miller’s civil harassment claim, and the Chief Constable, David Jones, who is a co-claimant in the civil action and fellow recipient of free legal fees. Both (pictured below) claim to be committed to embedding the Code of Ethics into their police force.

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A North Yorkshire Police spokesperson provided this response on behalf of the two police chiefs: “Due to ongoing legal proceedings it is not appropriate for them to make comment at this time”.

A follow-up question has been put to the force that does not impact on the civil court case: ‘Is it the policy of NYP to prosecute offenders who make deliberately false CJA statements in criminal investigations?’

This is their response: ‘It would be inappropriate for North Yorkshire Police to comment’.

A further clarification has been sought on the basis that they did not understand the question. The question regarding CJA statements was then passed to the Chief Constable’s office on 4th March, 2016.

A more detailed background piece I wrote last year on Jane Kenyon-Miller, a person whom I met when I was Managing Director of the Scarborough Evening News, can be found here.

This page last updated: Friday 4th March, 2016 at 2125

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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.

‘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