Formal request to the Metropolitan Police and the Independent Police Complaints Commission that Operation Alice be re-opened

In an earlier post I commented on the tainting of Operation Alice by virtue of a "corrupt relationship" that existed between Deborah Glass (and the IPCC) and the Metropolitan Police.

See
Operation Alice was tainted from beginning to end by a "corrupt relationship" between Deborah Glass and the Metropolitan Police

Today I have written to Sir Bernard Hogan-Howe, Commissioner of the Metropolitan Police Service and to Dame Anne Owers, Chair of the Independent Police Complaints Commission, formally asking that Operation Alice be re-opened.

My reason for doing so is that the "corrupt relationship" between Deborah Glass (and the IPCC) and the Metropolitan Police removes any credibility that Operation Alice might otherwise have had.

The text of my letter to Sir Bernard and Dame Anne is below:

28^th November 2014

To:

Sir Bernard Hogan-Howe, Commissioner, Metropolitan Police

Dame Anne Owers, Chair, IPCC

Dear Commissioner and Dame Anne,

Request that Operation Alice be re-opened due to the “corrupt relationship” between Deborah Glass and the Metropolitan Police Service

I write to each of you formally to request that the investigation of matters relating to the so-called Plebgate affair be re-opened.

I make that request because for the period from March 2012 until 26^th November 2013 Deborah Glass, then Deputy Chair of the Independent Police Complaints Commission, was subject to investigation by the Metropolitan Police with respect to allegations of perverting the course of justice (CRIS 2314237/12).

Some time ago Sir Bernard promised a “ruthless search for the truth”. I ask that he now delivers on that promise.

The “corrupt relationship”

On 28^th March 2012 a complaint was made alleging that Deborah Glass, then Deputy Chair of the Independent Police Complaints Commission, had perverted the course of justice with respect to a case involving child sexual offences.

The complaint of alleged criminal behaviour by Ms. Glass was made to Inspector Gary Randall of the Metropolitan Police Service.

The Crime Reference Number CRIS2314237/12 was allocated to this matter.

It was not until 26^th November 2013 that the complainant was informed that the Metropolitan Police Service investigation into the alleged perversion of the course of justice was complete.

During the period 28^th March 2012 until 26^th November 2013 Deborah Glass was under investigation by the Metropolitan Police Service for the alleged criminal offence of perverting the course of justice.

During that period Ms. Glass supervised Operation Alice, an investigation into alleged misconduct by Metropolitan Police Service officers.

There is an obvious conflict of interests.

The potential for a corrupt quid pro quo between Ms. Glass (and the IPCC) on the one hand and the Metropolitan Police Service on the other is obvious.

In my view the conduct and the findings of Operation Alice are tainted and invalidated by the “corrupt relationship” that existed between Ms. Glass and the Metropolitan Police Service until around 26^th November 2013.

In my opinion the “corrupt relationship” between Ms. Glass and the Metropolitan Police Service has resulted in both the concealment of corrupt behaviour by a number of Police officers, including officials of the Police Federation, and has also resulted in a grave injustice being perpetrated on Andrew Mitchell MP.

Your past knowledge of the “corrupt relationship”

In my view you each knew of the existence of the “corrupt relationship” between Deborah Glass and the Metropolitan Police Service.

Be that as it may, I see no reason why such suspected past knowledge should remove from either of you a duty properly to investigate this serious matter of suspected corrupt behaviour by Ms. Glass in an important public office and its effects on the integrity and credibility of Operation Alice.

Distribution

This letter is a public document.

I will place a copy of the letter on my Plebgate blog located here:

http://plebgate.blogspot.co.uk/

I am copying this letter to Rachel Cerfontyne and Sarah Green, Deputy Chairs of the Independent Police Complaints Commission for their urgent assessment and action.

Actions requested of you

I request of Sir Bernard, Dame Anne, Ms Cerfontyne and Ms Green that they each carefully assess whether or not it is the case that Ms. Glass was, during the period 28^th March 2012 until 26^th November 2013, subject to allegations that she had perverted the course of justice with respect to a case which relates to alleged child sexual offences.

I further ask that each carefully considers whether Ms. Glass had a duty to recuse herself from any involvement in assessing misconduct by Metropolitan Police Service officers, given that she was under criminal investigation by the Metropolitan Police.

I further ask that Sir Bernard carefully considers whether Commander Allan Gibson, then head of the Directorate of Professional Standards of the Metropolitan Police Service, had a duty to ask another Police force to investigate matters in relation to the allegations of perverting the course of justice by Ms. Glass.

I further ask that each principal and copy recipient carefully considers whether, in these circumstances, it is necessary to re-open Operation Alice.

For the avodance of doubt my view is that there is, at a minimum, the appearance of corrupt behaviour by Ms. Glass and Metropolitan Police Service officers (including Commmander Allan Gibson, formerly head of the Directorate of Professional Standards).

The conduct and findings of Operation Alice are therefore, in my view, irredeemably tainted and corrupted.

The effect of the tainting of Operation Alice, in my view, is to conceal gross misconduct and/or criminal behaviour by a number of Police officers including officials of the Police Federation.

In the first instance, I would be grateful for an early acknowledgement of receipt of this letter.

I look forward to your early responses and action on this important matter.

Yours sincerely

(Dr) Andrew Watt

Cc

Rachel Cerfontyne, IPCC

Sarah Green, IPCC

The need to preserve Plebgate evidence - letter of 17th September 2014 to Sir Bernard Hogan-Howe and three Chief Constables

There is considerable prima facie evidence of a conspiracy, which I believe to have been a criminal conspiracy, in relation to Plebgate.

In order definitvely to answer legitimate questions about the integrity of Operation Alice it is essential that evidence relating inter alia to phone records is preserved.

On 17th September 2014 I wrote to Sir Bernard Hogan-Howe and three Chief Constables in relation to the need to preserve evidence with respect to the Downing Street and Sutton Coldfield aspects of Plebgate.

My letter is below:

17^th September 2014

To:

Commissioner Sir Bernard Hogan-Howe

Deputy Commissioner Craig Mackey

Chief Constable Andy Parker, Warwickshire Police

Chief Constable David Shaw, West Mercia Police

Chief Constable Chris Sims, West Midlands Police

Gentlemen,

Plebgate etc

Suspected conspiracy by Police Federation officials and others

URGENT need to preserve telephone and other evidence

I am writing to you to ask each of you that you comply with the requirements of the Law with respect to preserving telephone evidence relating to Plebgate and SuttonColdfieldGate.

In the light of additional evidence emerging in the recently published Operation Alice Closing Report I ask each of you to comply with the requirements of the Law and take URGENT steps to preserve a range of telephone evidence (which I detail later in this letter) beginning 00.01 on 18^th September 2012.

Correspondence in October 2013

I wrote to Sir Bernard and the three Chief Constables in October 2013 regarding the suspected conspiracy by Police Federation officials regarding Plebgate and SuttonColdfieldGate.

I refer Sir Bernard to my letter of 29^th October 2013 and the three Chief Constables to my letter of 28^th October 2013.

None of the recipients has indicated to me that he has complied with his duty in Law to preserve telephone and other evidence.

I therefore am very concerned that there may have been a deliberate and unlawful failure by Sir Bernard and the three Chief Constables to preserve potentially important evidence relating to Plebgate.

The URGENT need to preserve evidence

Time is now of the essence to preserve the mobile telephone evidence, if steps have not already been taken to do so.

In any event evidence in the Operation Alice Closing Report raises the possibility of a wider and earlier conspiracy among Police officers, including officials of the Metropolitan Police Federation, the Warwickshire Police Federation, the West Mercia Police Federation and the West Midlands Police Federation, than was evident when I wrote my letters of 28^th October 2013 and 29^th October 2013.

Evidence of possible planning

As expressed in my letters of October 2013 there is evidence to suggest unlawful, indeed criminal, misconduct by officials of the Metropolitan Police Federation, the Warwickshire Police Federation, the West Mercia Police Federation and the West Midlands Police Federation with respect to Plebgate and SuttonColdfieldGate.

Two pieces of evidence published in the Operation Alice Closing Report add new elements of concern suggesting that the Plebgate incident itself may have been pre-planned, including the possibility of pre-planning involving “Officer 17 DPG”, a Metropolitan Police Federation official.

At 19.11 on 19^th September 2012 “Officer 4 DPG” sent a text message referring to a “major prob”. As far as I can presently establish the possible signficance of the timing of this message was not investigated by Operation Alice.

If the “major prob” referred to is the incident between PC Rowland and  Andrew Mitchell MP then there is evidence of pre-planning since the interaction between Mr. Mitchell and PC Rowland did not take place until some 24 minutes later.

Until such time as I am presented with evidence that this possibility has been fully and honestly investigated I will remain of the view that “Officer 4 DPG” may have been party to knowledge of planning of the incident at the heart of Plebgate.

In other words, it seems to me that there is uninvestigated evidence suggesting pre-planning of the Rowland/Mitchell incident and the subsequent unseating of a Minister of the UK Government.

Such pre-planning, if substantiated, I view as likely being misconduct in public office by multiple Police officers, including several Police Federation officials and/or being conspiracy among several such officers to commit misconduct in public office.

The subsequent actions and failures by the Metropolitan Police Service, Warwickshire Police, West Mercia Police and West Midlands Police, including those at chief officer grades, I view as likely constituting perversion of the course of justice and/or conspiracy to pervert the course of justice.

In my view it is essential, and is required by Law, that evidence relating to these suspected criminal offences be preserved as a matter of urgency.

The supposed “suicide” of PC Colin Smelt SO1

On 19^th February 2013, a few days before Keith Wallis’s misconduct hearing, PC Colin Smelt, an officer in SO1 Specialist Protection was found shot dead in North London.

It has recently been suggested to me that PC Smelt may have been on duty in Downing Street on 18^th and/or 19^th September 2012 or may otherwise have had knowledge of what I’ll term the conspiracy to commit misconduct in public office with respect to Andrew Mitchell MP.

I am presently attempting to further explore the details of such suggestions and to arrive at a view about the credibility (or otherwise) of the foregoing information. Given the urgency to preserve mobile telphone records I present those suggestions as worthy of comprehensive investigation.

Should I receive further potentially relevant information regarding PC Smelt’s connections with SO6 officers with respect to Plebgate etc I will write again on this matter.

In the Operation Alice Closing Report no mention is made (so far as I can identify) of any statements having been taken from SO1 officers with respect to the incidents on 18^th or 19^th September 2012.

Given the likelihood that SO1 officers were on duty in Downing Street and/or otherwise may have had contact with SO6 officers on those dates this seems to me to be a potentially gross failure of investigation.

Given the imminent routine deletion of potentially relevant phone records I ask that all phone records of Metropolitan Police Service officers present in Downing Street on 18^th or 19^th September 2012 be preserved for evidential purposes. Specifically I ask that the telephone records of all SO1 officers be preserved as a matter of urgency.

“Corrupt relationship” between MPS and IPCC

The matters at hand require to be considered in the context of what I term here the “corrupt relationship” between the Metropolitan Police Service and Deborah Glass, then Deputy Chair of the Independent Police Complaints Commission.

Briefly, a criminal complaint was made to the Metropolitan Police in March/April 2012 that Deborah Glass and two other named members of IPCC staff had perverted the course of justice with respect to a case which involved child sexual offences.

This was assigned a Crime Related Incident reference number.

For around a year prior to 26^th November 2013 Deborah Glass was supervising Operation Alice at a time when the Directorate of Professional Standards of the Metropolitan Police Service was investigating criminal allegations regarding Ms. Glass.

The potential for corruption is obvious and disturbing.

The grave question of whether the MPS acquitted Ms. Glass of the alleged perversion of the course of justice as a quid pro quo for Ms. Glass not looking too hard at any Police (or Police Federation) conspiracy with respect to Plebgate etc has to be examined.

Commander Allan Gibson, then head of the Directorate of Professional Standards of the MPS,  refused to allow the investigation into Ms. Glass to be conducted by a Police force other than the Metropolitan Police Service.

Elements of the evidence are suggestive of premeditation on the part of Commander Gibson and possibly more senior officers in the MPS, perhaps including two of the recipients of this letter.

Telephone records which URGENTLY require to be preserved

I understand that mobile telephone records are deleted automatically after two years.

Given the evidence suggesting pre-planning of the Plebgate incident it seems to me that mobile telephone and other communication records must be preserved for a period beginning no later than 00.01 on 18^th September 2012.

Given the events at Sutton Coldfield on 12^th October 2012 and its likely relationship to securing Mr. Mitchell’s resignation on 19^th October 2012 I suggest that records up to 23.59 on 20^th October 2012 be secured without further delay.

With respect to Commissioner Hogan-Howe and Deputy Commissioner Mackey I ask specifically that, at a minimum, URGENT steps are taken to secure all telephone records to and from the following individuals:

1. Officer 4 DPG (evidence in the Operation Alice Closing Report suggesting knowledge of pre-planning 24 minutes before the Rowland/Mitchell interaction)
2. Officer 17 DPG (Metropolitan Police Federation official informed of the Mitchell incident on 18^th September 2012)
3. John Tully (Chair of the Metropolitan Police Federation, who was prominent in the media with Ian Edwards of the West Midlands Police Federation on 21^st September 2012)
4. All other Metropolitan Police Federation officials
5. Telephone records relating to PC Colin Smelt and all other SO1 officers on duty on 18^th and/or 19^th September 2012 who were on duty in Downing Street and/or may have had the opportunity to have contacct with SO6 officers.

With respect to Chief Constable Parker I ask that, at a minimum, URGENT steps are taken to secure all telephone records to and from the following individuals:

1. Detective Sergeant Stuart Hinton (Warwickshire Police Federation official)
2. All other Warwickshire Police Federation officials
3. Jon Gaunt and all other members of staff of his organisation

With respect to Chief Constable Shaw I ask that, at a minimum, URGENT steps are taken to secure all telephone records to and from the following individuals:

1. Inspector Ken Mackaill (West Mercia Police Federation official)
2. All other West Mercia Police Federation officials
3. Jon Gaunt and all other members of staff of his organisation

With respect to Chief Constable Sims I ask that, at a minimum, URGENT steps are taken to secure all telephone records to and from the following individuals:

1. Sergeant Chris Jones (West Midlands Police Federation official)
2. All other West Midlands Police Federation officials
3. Jon Gaunt and all other members of staff of his organisation

Failure to secure evidence

My understanding is that it would be an unlawful failure for evidence not to be preserved.

Given that I first wrote to Commissioner Hogan-Howe and the three Chief Constables in October 2013 I think it cannot credibly be claimed that there has been insufficient time to secure the relevant evidence.

Given my understanding to that effect, should it prove to be the case that Commissioner Hogan-Howe and Deputy Commissioner Mackey and/or any of the three Chief Constables appear to have unlawfully failed to secure evidence I anticipate that I will view that as gross misconduct potentially contstituting one or both the criminal offences of perverting the course of justice and/or misconduct in public office.

In that event I intend to take all steps lawfully available to me to ensure appropriate investigation and prosecution of any failures and/or actions which may constitute one or more criminal offences of the nature referred to earlier in this letter.

Responses requested

I ask that each recipient acknowledge receipt of this letter as soon as possible together with a description of the actions they have taken (or refuse to take) with respect to the preservation of evidence.

Distribution

I am copying this letter to Andrew Mitchell MP for information.

I view this document as a public document but will not, in the immediate term, take steps to publicise it.

Given the limited time now available to rectify any past failure to preserve evidence, this letter will be sent by email to each of the five recipients named above.

Yours sincerely

(Dr) Andrew Watt

cc Andrew Mitchell MP

What did Alison Saunders and Malcolm McHaffie know of the "corrupt relationship" between Deborah Glass and the Metropolitan Police Service?

If you haven't already read these recent posts I suggest you read them in this order, better to understand the content of this post:

1. Why did Keith Wallis plead guilty to a crime he didn't commit? 
2. Why did the Crown Prosecution Service charge Keith Wallis with a crime he didn't commit? 

[in process of completion]

Why did the Crown Prosecution Service charge Keith Wallis with a crime he didn't commit?

A short time ago I posted the question, "Why did Keith Wallis plead guilty to a crime he didn't commit?

In this post I want to look at the intriguing question of "Why did the Crown Prosecution Service charge Keith Wallis with a crime he didn't commit?".

On 26th November 2013 Alison Saunders, Director of Public Prosecutions, announced that Keith Wallis was to be charged with the offence of misconduct in public office.

See CPS decisions in Operation Alice - incident at Downing Street on 19 September 2012

In her statement Alison Saunders said,

I have, however, authorised one officer to be charged with one count of misconduct in public office. I will set out the decision making below.

She went on,

The evidence has been reviewed in accordance with the Code for Crown Prosecutors by a Specialist Prosecutor in the Special Crime & Counter Terrorism Division under the personal supervision of Malcolm McHaffie, the Deputy Head of Division. I have in addition sought the advice of an experienced Queen's Counsel.

According to Ms. Saunders' statement four experienced lawyers have been involved in the decision to charge Keith Wallis with misconduct in public office:

• Alison Saunders, Director of Public Prosecutions
• Malcome McHaffie, Deputy Head of Division (Special Crime & Counter Terrorism Division of the CPS)
• An unnamed Specialist Prosecutor
• An unnamed "experienced Queen's Counsel"

The section of Ms. Saunders' statement regarding the charge with respect to Keith Wallis is detailed and I quote it in full here:

3) Criminal proceedings

We have also received evidence in relation to PC Keith Wallis who sent an email to the deputy chief whip, John Randall who was his MP, saying that he had witnessed the incident.

We have decided, having carefully considered the evidence in accordance with the Code for Crown Prosecutors, that there is sufficient evidence to charge PC Wallis with misconduct in a public office and that it is in the public interest to do so. I should make it clear the misconduct allegation relates to evidence that PC Wallis falsely claimed to have witnessed the incident, not to how the incident was described in his account.

PC Keith Wallis has been charged and is required to attend Westminster Magistrates' Court on 16 December 2013.

PC Keith Wallis now stands accused of a criminal offence and is entitled to a fair trial.  Care should be taken that nothing is reported which may prejudice his trial.

STATEMENT OF OFFENCE MISCONDUCT IN PUBLIC OFFICE, contrary to Common Law.

PARTICULARS OF OFFENCE Keith Wallis between the 19th day of September 2012 and 16th December 2012 wilfully and without reasonable excuse or justification misconducted himself when the holder of a public office, namely a police constable in the Metropolitan Police Service, in that he falsely claimed to have witnessed an incident dated 19th September 2012 and arranged for his nephew to support his false claims.

Notice the phrase "when the holder of a public office".

Let's compare that phrase to the relevant part of the Crown Prosecution Guidance on Misconduct in Public Office, Acting as such

For convenience, I'll quote the full text of the section of the CPS Guidance headed "Acting as such":

Acting as such

The suspect must not only be a 'public officer'; the misconduct must also occur when acting in that capacity.

It is not sufficient that the person is a public officer and has engaged in some form of misconduct. The mere fact that a person is carrying out general duties as a public officer at the time of the alleged misconduct does not mean he or she is necessarily acting as a public officer in respect of the misconduct.

There must be a direct link between the misconduct and an abuse, misuse or breach of the specific powers and duties of the office or position.

The offence would also not normally apply to the actions of a public officer outside that role, unless the misconduct involved improper use of the public officer's specific powers or duties arising from the public office.

A deliberate misuse by an off-duty police officer of the powers of a constable, for example, may mean that the officer is 'acting as such' by virtue of his or her assumption of the powers of the office. Such a situation might arise if an off-duty police officer arrested an innocent man with whom he had a personal dispute or took steps in order to prevent or frustrate an enquiry.

The principles involved apply equally to holders of all public offices. In the case of a school governor or a local authority official or other such member of a public body, for example, it will be necessary to show that the misconduct was closely connected with exercising (or failing to exercise) the relevant public function.

Notice the key phrase,

The suspect must not only be a 'public officer'; the misconduct must also occur when acting in that capacity.

Was Keith Wallis "acting in the capacity" of a Police Officer when he sent the false email?

No he wasn't.

Despite Ms Saunders' claim that

The evidence has been reviewed in accordance with the Code for Crown Prosecutors

I have no doubt in my mind that Keith Wallis has been charged with an offence that he didn't commit.

How could it be that the following experienced lawyers

• Alison Saunders, Director of Public Prosecutions
• Malcome McHaffie, Deputy Head of Division (Special Crime & Counter Terrorism Division of the CPS)
• An unnamed Specialist Prosecutor
• An unnamed "experienced Queen's Counsel"

could be party to charging Ketih Wallis with an offence he didn't commit?

To begin to answer that question we need to look at the question "What did Alison Saunders and Malcolm McHaffie know of the "corrupt relationship" between Deborah Glass and the Metropolitan Police Service?".

[in process of completion]