|DEPUTY TERRY Mc DONALD (ACTING AS PATSY) FOR A PROPOSITION WRITTEN BY FORMER SENATOR S FERGUSON|
Monday, November 30, 2015
EX GRATIA PAYMENT TO LOCAL BUSINESS MAN ROY BOSCHAT FOR £360,000
THE PROPOSITION HAS BEEN LODGED BY DEPUTY Mc DONALD
This is a police corruption enquiry into allegations that a corrupt relationship exists between a number of police officers and a local Towing/ Vehicle Recovery Contractor by the name of Roy Boschat.
The first intelligence in respect of this came from a member of the Fire Brigade Staff who told police that two police officers were in a corrupt relationship with Roy Boschat.
On 30th March 2005, Edward Pippon of No 1 Recovery Company told Professional Standards that two police officers were getting petrol free of charge or cheaply from Boschat. He identified one of them as “Osmand” (Constable Sean Osmand), and from his description and details, the other as Constable xxxxxxxxxx. He alleged that this was in return for corrupt manipulation of the breakdown call out rota system.
The enquiry was stepped up a day later --on 31 March 2005 when information was received from two local members of the public, one of them a member of the legal profession, and another who worked for one of the other Vehicle Recovery Companies. The former alleged to Professional Standards that she had seen Constable Sean Osmand drawing diesel for his vehicle from the petrol pumps at Roy Boschat’s place of business. She was aware that Boschat was one of the Towing contractors who provided a service to the police, and that he was not licensed to sell diesel. The witness was suspicious of the fact that a police officer was obtaining fuel for his private vehicle from Boschat’s pumps.
The second witness supplied information to the effect that calls from the police which should have gone to the other recovery firms were in fact going to Boschat.
On 31 March, police spoke to another witness called LE Claire, who had been at an accident where a driver wanted to call another breakdown firm, but the police officers
had tried to insist on Boschat being called. He told police that he knew of other people who had been told by police officers that they used Roy Boschat even when they didn’t have to.
A check was made of the record of call outs and it was found that whereas there were three main operators looking for police business, Boschat was getting nearly 90% of that business. An instruction was made that the rota should be adhered to and each of the three contractors called out in turn.
In October 2005, allegations were received from the two other main contractors on the island that they were being unfairly disadvantaged by virtue of the fact that they were getting little business from the States of Jersey Police. They again alleged that this was due to a corrupt relationship between two police officers and Mr Boschat. They again named the two police officers as Constables Sean Osmand and xxxxxxxxxx. They alleged that the officers received cheap or free diesel for their private vehicles, were given the use of four digit number plates, and that both officers had been to Boschat’s villa in Spain free of charge.
The investigation was recommenced, and the records of who police called out in respect of breakdowns were checked once more. It was found that despite the previous warning, Boschat still received received over 90% of the call outs. An instruction was issued ordering officers to adhere to the strict rotation policy which was in place. A covert investigation was launched but was curtailed shortly afterwards when the member of the public referred to in para. 2, fell out with her employer and went to work for Roy Boschat. Shortly after that, police were told by her ex-employer, Edward Pippon of No. 1 Recovery, that she had warned Boschat the police were looking at him and his police friends.
In November 2005, a further complaint was received from the two contractors stating that they were being driven out of business by virtue of the fact that Boschat was still getting almost all of the calls. Police records confirmed this, and investigations revealed that the system was being manipulated by some officers going to accidents and breakdowns and calling Boschat on their private mobile phones. They were then falsely entering on official records that the member of the public had called Boschat themselves. The most regular offender was Constable Sean Osmand.
Following this, an instruction was issued banning police officers from using their mobile phones for such purposes. This has had the effect of stopping most of the abuse. However, enquiries reveal that Constable Osmand continues to defy instructions and is using his mobile to call Boschat and then falsely enter onto official records that the members of the public have called him themselves. Police can evidence this happening on frequent occasions from the billing on his mobile phone which shows him calling Boschat at the time when he is at an accident, and then at a later stage entering on police records that the member of the public made the call on their own phone. The most recent occasion on which this is believed to have occurred is the week commencing 4th June 2006, when Boschat has attended an accident and has entered into the official record the fact that both parties involved in the accident called Boschat themselves.
On 13th February 2006, information was received from the husband of a serving police officer that he had been speaking to a business partner of Boschat who was building a development in Spain. He told the witness that Sean Osmand was doing the plans for the development.
In May 2006 information was received from a serving police officer that he had been with xxxxxxxxxxx when that officer had drawn petrol for his private car from Boschat’s pumps. This had either been free or very inexpensive. He also stated that he was aware thatxxxxxxxhad been given the free use of a car for a year by Boschat. He thought xxxxxx had just returned the car but wasn’t sure.
At this time, enquiries by Professional Standards uncovered the fact that a number of police officers and civil staff had received free holidays at Boshat’s villa in Spain. A number of other officers have received free towing services from him. Enquiries continue.
On 7th June, a serving police Sergeant confirmed to Professional Standards that Boschat had told him that he had lent his villa in Spain to a number of Police Officers. He also told the Sergeant that Constable xxxxxxxxxx had been given free use of a car for a substantial period.
Another Police officer has just admitted that his boat broke down in France and that Boschat towed it back to Jersey free of charge.
On 7th June 2006, Boschat sent a letter to the Chief Officer States of Jersey Police, in which he admits that he is receiving information from police computer systems via serving police officers. Although he has inferred such before, and alluded to materials circulating within police systems, this is the first such overt admission.
At the end of May 2006, PSD sent out an e mail to all staff telling them that they had information that some of them had received gifts/services from people supplying a service to the force. They were reminded of their obligations and instructed to come forward. An undertaking was given that disciplinary matters would be overlooked, although criminal activities could not be ignored. Around 15 to 20 officers have so far come forward and admitted improper relationships with Boshchat. This does not include Osmand.
On 8th June 2006, information was received from a serving police officer that he had been spoken to by Boschat who advised him that he knew that we were enquiring into him and his friendships with police officers. This officer also said that he had been approached byxxxxxxx and xxxxxxx had asked him if he had disclosed anything.
In view of all the above, the discrepancy in the frequency of call outs, the favours done for police by Boschat, and the fact that Boschat is receiving information, there is ample here I think to suspect a number of corrupt relationships. End
Monday, November 23, 2015
THE CULTURE OF CONCEALMENT - 8
DAILY MAIL JOURNALIST DAVID ROSE.
WHEN YOU NEED A HIRED GUN FOR DISCREDITING SURVIVORS OF ABUSE WHO DO THEY KEEP WHEELING OUT?
JOURNALIST DAVID ROSE.
TODAYS DAILY MAIL ARTICLE:
HERE IS WHAT LENNY HARPER SAYS OF DAVID ROSE:
"THE NORTH WALES CARE HOME SCANDAL AND IAN LE MARQUAND
The news yesterday that the Children’s Commissioner for Wales had called for a fresh investigation into the allegations that powerful people had routinely abused children in the care of the authorities in North Wales in the 1970s must have left Ian Le Marquand feeling a little queasy over his corn flakes as he read the detail.
Keith Towler said that concerns about a cover up in respect of powerful people abusing children were “understandable” and that a full investigation was the only way to resolve the issues. So why will Ian Le Marquand be feeling just a little off colour in reading this? The answer lies in the connection between ILM, Mick Warcup, and the journalist David Rose.
Allegations of abuse of children in North Wales originally centred on the Bryn Estyn Children’s home near Wrexham, but eventually involved around forty care homes. Under severe pressure, especially from journalist Eileen Fairweather, (who has also worked tirelessly in exposing the cover up by the Jersey government) an independent inquiry was set up headed by Sir Ronald Waterhouse. The authorities tried their hardest to prevent the evidence reaching the public and the inquiry might never have happened if Eileen Fairweather had not cleverly covered the tracks of her source when leaking the evidence to the media. However, the Terms of Reference for the Inquiry were so tightly drawn up that Waterhouse was prevented from hearing evidence of abuse that took place away from the Care System, so allegations that children were abused elsewhere had to be discounted. This meant that evidence from children who had been “loaned out” to prominent people and subjected to vile and savage sexual abuse in hotels and other places had to be ignored.
Despite the restrictions, Waterhouse still heard from 650 people from 40 homes and concluded that the abuse was real and widespread. Dozens of Care Workers were convicted and sentenced to long terms of imprisonment. Notwithstanding this, David Rose together with Richard Webster, campaigned on behalf of many of the convicted paedophiles in the same manner in which he had for Frank Beck, the Leicestershire Care Home Rapist, and of course, his interventions in Jersey. Webster of course was infamous for his book “The Great Children’s Care Home Panic.”
Rose accused the police of trawling for victims, of encouraging false allegations by putting words in the mouths of victims, and labelled the police investigation a “witch hunt.” He made a programme for BBC Panorama which included the following observation.
“I think many of the complainants who are now making complaints against former care staff are very aware, if they do make complaints, that they'll be entitled to financial compensation”
In further attempts to discredit the investigating officers and the victims Rose and his fellow apologists for the convicted paedophiles made further claims.
“The vital principle which trawl inquiries must follow is to avoid 'leading' potential witnesses by planting ideas in their minds. The police, do not simply record what interviewees say: they write up their statements from lengthy question and answer sessions, and it is impossible to tell the spontaneous account from one which has been suggested.
By telling interviewees they were investigating sexual abuse and reminding them of the names of care staff, detectives could sow the seeds of a wrongful conviction.
When talks with police generate untrue statements, the witness will almost invariably 'adopt' the misleading account as his own. In the present climate, a wrongly accused care worker is the deadly foe.”
Rose then appeared before the Parliamentary Committee on Home Affairs and with Richard Webster gave evidence in support of many of those convicted of abuse in North Wales. Below is an exact transcript of part of his evidence to the Committee on 14th May 2002.
“I think we now have a situation where many more lives are being irreparably damaged, often people who are at the end of their careers or in retirement who have in fact led blameless lives, working selflessly for poor salaries with very difficult youngsters, who suddenly find a knock on the door and at the end of a gruelling and humiliating process a fifteen year prison sentence. I would like to make the point that for somebody of, say, 67, a 15 year prison sentence is probably a death sentence.
In trying to answer that question, and also the question you were aiming at earlier, to give perhaps some kind of idea of the proportion of people who may be as criminologists say factually guilty, it might be worth looking at a single home where I have looked at a number of cases, namely Greystone Heath which was formerly near Warrington in Cheshire. Roy Shuttleworth was one of the people convicted there. His case is before the CCRC. He was the main subject of the Panorama programme I made. I looked into the evidence given by each and every one of the seven complainants in that case and I have simply no doubt in my mind that each and every one of them was lying. “
Webster and Rose were to collaborate on a number of articles and books. All of them had the same central theme – that most allegations of historical abuse were untrue. They were either fabricated, for compensation or as a result of police manipulation, or they were the result of ‘False Memory’ syndrome. The two of them were also active in an organisation supporting people convicted of such crimes. It was no surprise then when Rose crawled out of the undergrowth during the Jersey investigation. What was, and is surprising is that he was embraced by people like Senator James Perchard (who leaked him at least one e mail), Mick Gradwell (supposedly working on behalf of the victims) and Ian Le Marquand who was supposed to be the Home Affairs Minister. Their involvement with Rose raises serious and disturbing questions for each of them.
For Mick Gradwell, he must surely one day have to explain why, when he was the Senior Investigating Officer supposedly seeking justice for the abuse victims, he deliberately leaked confidential police information to David Rose, a journalist whom he knew did not believe in the majority of historical abuse allegations and who had a history of supporting convicted paedophiles and of rubbishing police investigations into that abuse. Le Marquand must explain, (and will have the perfect opportunity to do so on BBC Radio Jersey on Friday) why he did or said nothing when he knew for some time what Gradwell was up to with Rose. This is particularly so given Le Marquand’s criticism of my media dealings based on false information which he helped to spread. As for Perchard, he must explain what he hoped to gain on behalf of paedophiles by leaking information to Rose.
The Commissioner for Children in Wales is demanding a new investigation into the abuse at the Care Homes. It is now apparent that the limited Terms of Reference prevented the original inquiry from getting to the whole truth about the involvement of prominent and powerful people. Eileen Fairweather is convinced that abusers were sheltered by corrupt senior police officers and other officials. The similarities with Jersey are uncanny, where corrupt senior police, legal figures, and politicians were all instrumental in suppressing the truth and further abusing victims. Even now the Jersey government seem intent on repeating the mistakes (attempted cover up?) of North Wales with their rejection of perfectly good Terms of Reference.
It is necessary for all persons of integrity to do everything in their power to stop them and to ensure that the Committee of Inquiry promised but long delayed is delivered in a form which will reveal the whole truth.
DAVID Rose was the Journalist the Jersey Authorities turned to in May of 2008 to help discredit Lenny Harper and "Operation Rectangle" The investigation into decades long abuse in the Jersey Care Homes and Sea Cadets.
Here I re-post my work trailing David Rose and his involvement with Dept/Supt Mick Gradwell who was leading Operation Rectangle after Lenny Harper retired in late July 2008.
He is a hired Gun.
BDO Alto - 11
Exposing the shocking Jersey Child Abuse Cover -up
Keeping our readers informed as we go along
Home Affairs Minister Senator Le Marquand replies to my email
An utterly Shocking and Horrific Disclosure
What he said has left me feeling angry, shocked and disgusted. We are now starting to pull apart the wretched toxic cancer that lurks in all aspects of Government, Judiciary and SOJP. Below is a quote from the email I received from the Home Affairs Minister. I want the readers of this blog to think very carefully about what he is stating, the implications of what he is stating and the seriousness of the allegation. I asked the Home Affairs Minister a simple question, "who leaked the draft report to Child Abuse Denier David Rose". The answer that came back is quite Staggering & Shocking.
Senator Le Marquand
"It appears that the leak took place within the States of Jersey Police. There was a brief investigation at the time and I have recently asked the new Chief Officer of Police to look at this again." I take any such leak of confidential information seriously. Yours sincerely, Ian Le Marquand.
Now just think about that again.
A serving member of the States of Jersey Police has leaked a confidential draft report to a Journalist who is a known Child Abuse Denier. This has happened whilst "Operation Rectangle" is still a live Police Investigation. A report that is 100% biased against the former SIO Lenny Harper. It was used to trash a Child Abuse Investigation and the local media were picking up awards for nothing.
Who did BDO Alto send that report too? was it Acting Chief Officer David Warcup? How many officers had access to this Draft Report? Has a third party been used?
The New Police Chief Mike Bowron must find answers to this most shocking of leaks. You can see why the Abuse Victims never trusted the Police before Power & Harper took over. CPO Bowron must let us know what happened with the original investigation, who investigated it, and what conclusions were reached.
When I received that bombshell from Senator Le Marquand I started researching the years before 2008 and the SOJP. Another reason for doing so was an email exchange that I have been having with a States Member who will remain nameless for now. What I found was total animosity towards Lenny Harper. This was going back to early 2005, the new leadership were routing out bullying and corruption in the force, that was not the 'Jersey Way'. When 2008 came around it was payback time. I will be dealing with this in later posts.
The Abuse Victims have never been a priority to the ruling elite, the majority of government or the local media - that is a fact
Here is the Email exchange in full
From: rico sorda
Subject: RE: BDO Alto
To: "Ian Le Marquand"
Cc: "roy herissier"
Date: Wednesday, 8 June, 2011, 17:39
The BDO Alto report was used in trashing the Historical Abuse Investigation. Now, if they cant get the date of when they started right then what of their report? Let me also inform you that BDO Alto never contacted the former Chief of Police nor his SIO to give the report a counter balance. Senator, go to page 1 of the BDO report and read the forwarding letter, it sounds pretty straight forward to me.
I have no doubt discussions went on previous but according to BDO they started on the 29th September 2009 surly they are not that incompetent Senator?
" it should be obvious to you that the report could not come into existence in such a short period "
Thats right Senator I wonder what could have happened? How did the Child Abuse Denier David Rose quote the so called report? So accurate is his piece, he was leaked either from the SOJP or Home Affairs even before a report existed. Who was privy to such information?
This Report was used to trash a Child Abuse Investigation and your telling me they cant get a date on page 1 right?
Nothing stacks up with this. Any information you have will be investigated and researched
From: Ian Le Marquand
Subject: RE: BDO Alto
To: "'rico sorda'"
Cc: "Roy Le Herissier"
Date: Friday, 17 June, 2011, 12:06
Dear Mr. Sorda, I am now able to explain the late date for the confirmation of the terms on which BDO Alto were retained as I have now received information as to the timeline in relation to the commissioning of the BDO Alto report. I have already given you the date of the Ministerial Act in February 2009. Meetings between BDO Alto and my officers took place soon after but the full terms of their engagement were not confirmed until the date in September 2009. There were some technical issues in relation to this. However, BDO Alto had clearly started work on this report well before then. A leak of sections of a draft report took place in late September or early October 2009. BDO Alto have confirmed that they were not the source of the leak and that at that stage they had not sent any documents to this department and so the leak did not occur in the Home Affairs Department. My staff picked up on the Mail on Sunday article and made enquiries of BDO Alto and of the States Police. It appears that the leak took place within the States of Jersey Police. There was a brief investigation at the time and I have recently asked the new Chief Officer of Police to look at this again. I take any such leak of confidential information seriously. Yours sincerely, Ian Le Marquand
Thank you for your reply and information
As you can imagine this has left me horrified. The SOJP leaking a caveated report ( Not interviewing the main person Lenny Harper) to a Child Abuse denier David Rose. WHY?
I will take a little time going over what you have just said. This has left me feeling very upset. Just when I think things cant get any worse over here. If you take leaking of information so seriously why wasn't there any mention of this until I started Investigating.
There are other issues I need to look at concerning the Home Affairs Ministers Reply but for now I just want to concentrate on the Shocking Revalation that a member of the States of Jersey Police Force leaked a one sided report to a CHILD ABUSE DEINER JOURNALIST DURING A LIVE POLICE INVESTIGATION
Just how bad is it over here? They were using David Rose to Trash a Child Abuse Investigation. He was being engaged for sometime.
We are swimming in the highest levels of corruption and incompetence
How can Children ever be safe over here?
Here I talk about the Jersey Media Cover-up and David Rose
JERSEY STATE MEDIA EXPOSED BY BLOGGERS
HOW DID DAVID ROSE GET INVOLVED WITH THE HISTORICAL CHILD ABUSE INVESTIGATION (HCAE)
HOW DID D/SUPERINTENDENT MICK GRADWELL SENIOR INVESTIGATING OFFICER OF THE JERSEY HISTORIC CHILD ABUSE INVESTIGATION BECOME INVOLVED WITH HIM?
REMEMBER THE JERSEY STATE MEDIA DIDN'T RUN WITH THIS
THE SENIOR INVESTIGATING OFFICER OF JERSEY'S "HCAE" MICK GRADWELL WAS LEAKING TO THE UK JOURNALIST WHO WAS TRASHING THE INVESTIGATION - OUR MEDIA DON'T TOUCH IT -WHY?
SIMPLE - THEY WERE IN ON IT - THAT WILL BE THE NEXT POSTING
Then I read the transcripts from Home Affairs Minister Senator Le Marquand dated Friday 15th July 2011 that in October 2009 he was fully aware that Mick Gradwell had been leaking information - due to some excellent detective work from his staff.
WHAT DID HE DO ABOUT THAT? THE "HCAE" WAS STILL LIVE.
HE WAS DEALING WITH THE SUSPENSION OF GRAHAM POWER THAT D/SUPT GRADWELL HAD PLAYED A PART IN.
THIS IS GOING WAY BEYOND A JOKE; More on this in a later posting.
The Minister for Home Affairs:
No. The first I was aware of an issue in relation to D/Supt Mick Gradwell was when he went public just before he left the Island and that was the first time. I viewed this as merely a continuation of that, he had already gone public with his views to the local press, radio. It is my understanding from David Warcup that Mick Gradwell, although he was asked very strongly not to do anything before he went, and not just by David Warcup, but I understand even by the Attorney General of the day, again this is hearsay, this is obviously what I have been told, that he had already pre-recorded interviews before he had left. So that is the first that I was aware of an issue, and then of course my staff picked up the Mail article and they did some excellent detective work, emailing, and then sent to me the consequences of that, which clearly pointed to Mick Gradwell. I have to say, when the issue came up again, I had completely forgotten about this, I had just totally forgotten about it. I had to look back and find the emails and then say: “Oh yes, now I do recall it”, because it was not that significant to me once I knew it was Mick Gradwell.
What I produce in this post is based on evidence
David Rose wrote 3 articles for the Daily Mail which were trashing the "HCAE"
18th May 2008
15th November 2008
4th October 2009
The introduction of David Rose was in my opinion very calculated. The Jersey Establishment needed someone to start trashing the Historic Child Abuse Investigation in the national press.
The reason for looking is very simple. There is a connection between Rose, Gradwell and The Jersey State Media. The agenda from the offset was to opinion manage peoples perception of the "HCAE".
This for me dates back to May 9th 2008 with the then Bailiff Sir Philip Bailhace's Liberation day speech.
I talk a little about the culture of fear that exists in Jersey. The below link and interview is well worth a watch.
But let us look at former SIO Mick Gradwell.
It is this Policeman's actions that are at the heart of everything. Why did Mick Gradwell get involved with David Rose? David Rose had already set out his agenda in May 2008. This was 4 months before Mick Gradwell had started his secondment to the SOJP. Looking back through the archives Mick Gradwell trashes the investigation under Lenny Harper and his team at any given opportunity. He was there with Deputy Chief Officer David Warcup when they gave there infamous briefing to ministers on the day before the suspension of the then Chief Police Officer Graham Power QPM.
What I will be doing now is looking at the evidence that was supplied to the Scrutiny Sub Panel. This review is so important. It will come into play during the forthcoming 'COI'. One of the questions that needs answering is the actions of Mick Gradwell.
During my lnvestigations I came across an article written by David Rose on the 4th October 2009 in which the said journalist was quoting extracts from Police Consultant Mike Kelletts draft notes - confidential notes that had been given to a select few. The final BDO report didn't come out until May 2010. I started asking questions and what unfolded left me shocked. The article can be read on the link above.
I ask the readers to really look at what BDO & Police Consultant Mike Kellett say about the leaking of their information. This is of the most serious nature. This information was given under oath. BDO even question the leaking of information to David Rose back in November 2008. They even asked what what was done about that leak.
This is what BDO Alto said concerning the leaking by Mick Gradwell
PART C: THE “LEAK” TO A MAIL ON SUNDAY JOURNALIST
33. The Sub Panel has raised a concern that, “[BDO’s] letter of engagement was dated 29th September 2011 [sic]; however, just a few days later an ‘interim report by financial auditors’ was leaked to the Mail on Sunday (4th October 2009). It appears that a Senior Police Officer was responsible for this leak.”
35. We have raised our concerns with both the Panel and the Chairmen’s Committee regarding the fact that this Scrutiny Review’s terms of reference appears to be based on, or was at least heavily influenced by, the content of one particular blog site, which contains much speculation and is not in possession of full facts.
Background to the Mail on Sunday press coverage
41. The “leak” referred to by the Sub Panel relates to an article published in The Mail On Sunday and on the Mail Online website on 4 October 2009, authored by a journalist called Mr David Rose. The title of the article was “Bungled Jersey child abuse probe branded a ‘£20 million shambles’”19.
42. The article includes reference to “a leaked report by financial auditors into the investigation”. However, far from simply being an article written about financial aspects of the investigation, the article reveals the findings of a three-month investigation carried out by The Mail on Sunday. This article quotes from Mr Mick Gradwell, the Senior Investigating Officer who replaced Mr Harper following his retirement, Acting Chief Officer David Warcup, Mr Martin Grime, the NPIA’s Chief Executive, a former Metropolitan Police Commander (through a spokeswoman)
as well as an unnamed “Jersey government spokeswoman”20.
43. In fact, Mr Rose had been covering the investigation for some time and his use of “leaked” documents in the 4 October 2009 article was not the first time.
44. An earlier article dated 15 November 2008 was titled “How police chief Lenny Harper lost the plot over the Jersey children’s home ‘murders’”21. In that article, Mr Rose notes “… The Mail on Sunday has obtained confidential documents, including a crucial email written by Mr Harper and the official log book kept by his own forensic science team. They show he repeatedly misled both the media and the island’s government, and made a series of statements that proved to be
inaccurate.” [our emphasis]
45. This November 2008 article also quoted from numerous individuals involved in the investigation including Mr Harper, SIO Gradwell, Mr Frank Walker, a named professor from the Sheffield University Centre for Human Identification and an LGC spokeswoman. We are not aware as to whether the “leak” of material referred to in Mr Rose’s article of November 2008 has been investigated. Even in that article details of financial expenditure were being discussed; the article refers to “… the police are also said to be concerned at the inquiry’s profligate
expenditure – such as a decision to send two officers First Class to Australia, and
a £100,000 bill for the use of Eddie the sniffer dog.”
46. And in fact, as early as 24 May 2008, Mr Rose was discussing the costs of the investigation at Haut De La Garenne. In his article titled “Jersey police failed to reveal that tested ‘skull’ was coconut”22 he reported, “Last night it was revealed his [Mr Harper’s] investigation at Haut de la Garenne is set to cost £6.5 million this year – about £20,000 per day since the inquiry began on February 23.”
47. This is important context because the terms of reference for this Scrutiny Review might otherwise imply that there was no financial or other confidential information in the public domain, whether “leaked” or released, and therefore that the article in The Mail on Sunday on 4 October 2009 came ‘out of the blue’. That is clearly not the case and much had already been reported.
Material “leaked” to the Mail on Sunday journalist
48. BDO and Mr Kellett discussed the David Rose article of 4 October 2009 the very next day, on Monday 5 October. Both BDO and Mr Kellett were concerned and upset that confidentiality had been compromised.
49. The nature of the leaked material was immediately clear. It was not and could not have been an ‘interim report by financial auditors’ that had been leaked to The Mail on Sunday because no draft report was in open circulation by that date.
50. The email trails that follow provide a full contemporaneous record of discussions and correspondence that took place on 5, 6 and 7 October 2009.
51. The Home Affairs Department wrote to BDO as follows23:
“I was concerned to read an article about the HCAE in the Mail on Sunday yesterday that stated that the newspaper has had sight of 'a leaked report by financial auditors', the report is later referred to as 'the team's interim report'. The article does not mention BDO but quotes David Warcup as telling the Mail on Sunday that 'he had appointed an independent team of auditors to examine Harper's spending.'
If the report referred to is indeed your report I would be grateful for an explanation of how the draft was allegedly made available to the Mail on Sunday reporter when neither the Minister for Home Affairs, the Accounting Officer or myself have yet seen a copy of your draft report.”
52. BDO responded by email on the same day, extracts from that email24:
“To confirm, the draft report has not been provided to anyone by BDO Alto, and in fact no copies have been provided to any party including Home Affairs … there
are no copies in circulation as far as we are aware. I understand that drafts of Mike Kellett's work were circulated to Mr Gradwell, amongst others including the Wiltshire team, during drafting stage - this included sections on Mr Grime, the deployment of [named officer] and meals in London. I have not yet been able to speak to Mike today, however I know that he circulated
copies of his work on a confidential basis and was also minded that confidentiality was to be maintained at all times, and that the Report output needed to be on a 'privileged' basis. It does seem more likely to be the case that it is initial drafts of Mike's work that have been seen by the newspaper rather than our Report - although I have no evidence of that, and nor can we speculate as to the source …
The wording included in the newspaper appears to be taken from Mike's original drafting, as discussed above. I would again stress that the Report has not been made available to anyone by BDO, and that confidentiality is of paramount importance to us. Neither has any comment been made by us to any media, and the only discussions relating to his Report are as between ourselves, Mike Kellett and yourselves.”
53. Mr Kellett sent an email to BDO on 6 October 2009 and a copy of that email was forwarded by BDO to Home Affairs the next day25. Extracts from that email:
“I am shocked that drafts of sections of our report (and not the 'interim' report, as inaccurately stated in the article) have been leaked to the press and published in this fashion, which is unhelpful to say the least and does nothing to serve the public interest. I agree with you that the quotes cited in the Mail on Sunday appear to be from the very first drafts of my work, as at least one of them appeared only in initial draft and was excised from the document drafted to
consolidate my work and that carried out by you and [BDO employee]. Given that fact, the probable source of the leak is clear to me.
Apart from you, the initial drafts were also sent to David Warcup, to the Wiltshire team and to Mick Gradwell, for information and for feedback on accuracy of content and on style. None of these recipients received any of the updated drafts, neither those done by me to my initial work nor the consolidated drafts prepared by you …
Let us now look at what Police Consultant Mike Kellett said:
Deputy R.G Le Hérrisier:
Okay, I wondered if we could move to possibly our final topic, the leak. I wondered, Managing Director, as you know, your report appeared in the ... either the report or words that were remarkably similar to your report appeared in a national newspaper. What is your explanation of this if, indeed, you do have one?
Managing Director, BDO Alto Limited:
Yes, just to clarify, and it is in our written submission, the material that was leaked to the newspaper was not a BDO work product. I cannot comment on what was leaked to the media. As again we say in our written submission, we provide you with copies of the correspondence with Home Affairs on 5th October 2009. This matter was clearly brought to our attention. We were concerned that anything that was related to our review was finding its way into the national media. As I say, it was not a BDO report. There was not an interim report at that point in time. What appears to have been leaked were, again, some of the early drafts of some of [Police Consultant]’s work. He might want to say something about that.
Deputy R.G Le Hérrisier:
As a result of your subsequent inquiries and your contact with Home Affairs, did you come to a considered judgment as to how it had occurred and who had done it?
Managing Director, BDO Alto Limited:
I think, when we had an opportunity to have a look at the article that had been published on the Mail on Sunday, it became clear to us what material was being quoted from. Therefore, from our perspective, we were able to narrow down where that material had gone, but as I say it was not a BDO interim report. It was not an interim report at all, in fact.
Deputy R.G Le Hérrisier:
But it was material that came from your office, so to speak.
Managing Director, BDO Alto Limited:
No, it did not come from our office.
Deputy R.G Le Hérrisier:
You do not think so.
Managing Director, BDO Alto Limited:
The circumstances of the source are as set down in my written submission. The source was [retired D/Superintendent]. He has admitted that to me in telephone conversations. He first telephoned me about a week or so after the article appeared. I had already worked out that it was probably him.
Deputy R.G Le Hérrisier:
I deplore what he did. I have told him I deplore what he did. In terms of why he did it, you would have to ask him. He says - so what he told me - and he has repeated that in recent telephone conversations that he has made to me arising out of the establishment of this Panel that he did not give copies of my written work, but he disclosed the contents of some of them to a reporter. It was not BDO at all. It is not me. It was not Wiltshire or [then Acting Police Chief]. It was [retired D/Superintendent].
Deputy T.M. Pitman:
Out of interest, did he seek to justify what he had done to you?
He gave a reason, but I think ...
Deputy T.M. Pitman:
Well, we do hope to speak to him. We do not know whether he will.
I do not think it is appropriate for me to ...
Deputy T.M. Pitman:
Just for the record, you are saying he said he did not actually show documents to a journalist. He verbally, because you said he had not shown. That is what you have just said.
I cannot remember at this distance to say his exact words. What he says is content. Whether he handed documents or whether he had no idea, I am not sure.
The Deputy of St Mary:
If we cannot talk to [retired D/Superintendent], we will be able to fire you off a letter to ask for a bit more detail on the contents of that particular conversation.
This is from Mike Kelletts submission
PUBLICATION OF DETAILS OF THE REVIEW IN A NATIONAL NEWSPAPER
23. The first I knew of the article published in the Mail on Sunday on 4th October 2009 was the following day, when I received a telephone call from the Managing Director of BDO Alto to inform me of the fact. During my time in Jersey and since, I have had absolutely no contact, formal or informal, with any journalist.
24. For the reasons set out in the written submission of BDO Alto, it is clear that it was not an ‘interim report’ or the consolidated report that was leaked to the newspaper but rather content of the drafts of sections of my contribution to the report.
25. My practice during the review was to forward the first drafts of sections of my report to the Acting Chief Officer, to Mr Gradwell, to the Wiltshire team and to BDO Alto. Only BDO Alto were sent updated drafts, as and when amendments were subsequently made to the originals.
26. Some days after the article had appeared, I received a telephone call from Mr Gradwell in which he admitted that he had been responsible for the leak.
27. I received two further telephone calls from Mr Gradwell on 26th June 2011 and 1st July 2011, concerning the establishment of this Sub Panel and he again acknowledged that he had been responsible.
Here are the Sub Panels Findings on this issue
5. To investigate how details of the review into the financial management of Operation Rectangle came to be published in a national newspaper in October 2009
- On Sunday 4th October 2009 the Mail on Sunday published an article by their reporter David Rose referring to ‘a leaked report by financial auditors’ which had been seen by the newspaper. The article then appears to quote the then Acting Chief of Police: ‘Dave Warcup told the Mail on Sunday that he had appointed an independent team of auditors to examine Harper’s spending - it includes two forensic accountants and a police expert in seizing criminals’ assets’. This statement was factually inaccurate. Later in the article the leaked material is identified as an ‘interim report’. No mention was made in the article of BDO Alto; however, it appears clear that the article is referring to their review.
- In their submission BDO Alto give a full and contemporaneous record of discussions and correspondence between BDO Alto and Home Affairs following the publication of this article. Mr. Kellett stated in his submission:
It is clear that it was not an ‘interim report’ or the consolidated report that was leaked to the newspaper but rather content of the drafts of sections of my contribution to the report.
- Mr. Kellett explained that he had circulated copies of his work on a confidential basis to the Acting Chief Officer, to Mr. Gradwell, to the Wiltshire team and to BDO Alto for feedback and comments. In a telephone conversation after the article had appeared Mr. Gradwell admitted to Mr. Kellett that he had been responsible for the leak. Mr. Kellett said that he deplored this action.
- The States of Jersey Police submission confirmed this and described the circumstances as follows:
D/Supt M Gradwell left Jersey in August 2009 and retired from the police service on 2 September 2009. Prior to leaving and unbeknown to the States of Jersey authorities, Mr. Gradwell gave a number of press briefings which were critical of the investigation led by Mr. Harper. During the course of these briefings, it is evident that Mr. Gradwell made verbal references to extracts from the BDO Alto report on financial matters. This was wholly improper and less than helpful to the ongoing enquiry. [ ] Mr. Gradwell is on public record as accepting that he quoted information from notes later incorporated in the report, but he vehemently denies ‘leaking’ a copy of the report to the media.
Details of the article
- Some of the wording quoted in the Mail on Sunday article is very close to the phrases in the final report; in addition specific details of financial costs are disclosed. There seems to be little doubt from the number of specific details and phrases used by the newspaper that the reporter had extensive access to Mr. Kellett’s material whether or not the reporter was actually given a copy of the work.
- The article refers three times to comments by Mr Gradwell, the retiring Senior Investigating Officer, who had described the handling of the HDLG investigation as a ‘shambles’.
- The article refers to specific details of financial costs contained in the ‘leaked report’ including £750 per day for the first seven days’ work for the forensic dog and £650 per day for 136 days after and 49 claims on force credit cards for meals costing more than £50; more than £5,700 on Mr. Harper’s card alone.
- The article states that, in a three month investigation the reporter had spoken to a number of individuals connected with the Operation Rectangle: including the Dog Handler, the Chief Executive and the Head of Operational support of NPIA and a former Metropolitan Police Commander.
- The article also claims to make a number of direct quotes from the ‘leaked report’. These later appeared in the published BDO Alto report, albeit the wording in the published report had been somewhat amended in most cases, for example:
(a) a comment by an employee of LGC Forensics: We followed the dog. Where the dog barked was dug up.’ This says the interim report was a fundamental error’..
(b) a comment that Mr. Harper had ‘little idea’ of how to use the HOLMES computer system. The article refers to an email where Mr. Harper asks a question about the role of an analyst. This was not found in the published report which actually says: SOJP personnel lack depth of experience in using HOLMES - including senior personnel fulfilling key roles.
(c) the conclusion to the auditors’ interim report regarding use of the dog: ‘It was an expensive mistake to bring in Mr. Grime. It would have been far preferable and much cheaper to have tried to obtain appropriately trained dogs and handlers from UK police forces.’ The underlined words have been amended in the published report which reads: It was an expensive decision to employ Mr. Grime and to deploy him in the ways described in this Report. It may have been wiser and cheaper to have sought to obtain appropriately trained dogs and handlers from UK police forces.
(d) a comment on meal with a News of The World journalist: ‘We do not see how this occasion can possibly be regarded as a business dinner within the terms of the policy’. This sentence appears unamended in the BDO Alto report.
- The article makes 10 further references to specific details contained in the ‘leaked report’. The article also refers to emails from Mr. Harper to his staff (Forensics Manager) obtained by the Mail on Sunday.
- Mr. Rose had previously written a number of other articles critical of Mr. Harper’s conduct of the investigation going back to May 2008 (18.05.08; 24.05.08, 15.11.08). In May 2008 he made a reference to the ‘leaked’ cost of the investigation (£6.5milion) but did not develop any criticism. In his article in November 2008 in which he interviewed Mr. Gradwell he stated that the police were said to be concerned at the enquiry’s profligate spending (eg decision to send two officers first class to Australia and a £100,000 bill for the use of Eddie the sniffer dog). In the course of the article he stated that he had obtained confidential documents including an email from Mr. Harper and the official log book kept by the forensic science team.
- Channel Television also appeared to have access to information from the review into the financial management of the HDLG enquiry. In their two programmes in September 2009 they interviewed Mr. Gradwell on his retirement and referred to a number of specific details from the BDO Alto report such as dinners in specific London restaurants, overnight stays for one hour meetings and the failure to appoint a finance manager.
Police response to Mr. Gradwell’s action
- Mr. Warcup stated in his submission that the disclosures made by Mr. Gradwell to the media on his departure from Jersey had not been authorised or approved by himself or any other person in the SOJ Police.
They were made without my knowledge, were inappropriate and could have jeopardised the objectivity and fairness of the Wiltshire enquiry.
- He said that he had been concerned that a considerable amount of information and documents had been leaked to the media from an early stage in the HCAE investigation:
Unfortunately there were many issues right through from 2008 until 2010 where we did look to try and establish how information had been released to the media. It is a matter of some regret in many respects that it happened and I do not condone it at all….. I have to say that I think that the release of information in such circumstances is detrimental to the good conduct of the inquiry…. I think that that matter needs to be seriously considered for the future and the release of information, however well intentioned, has to be carried out under proper regulated and approved systems and not to fulfil whatever agendas people are trying to pull through.
- The Minister told the Sub-Panel that he had discussed the matter with Mr. Warcup who had revealed to him that he (Mr. Warcup) had become aware that Mr. Gradwell intended to speak to the press on his retirement from the Police force about his views on the HCAE investigation. Mr. Warcup had sought assurances from Mr. Gradwell that he would not do anything of that nature, only to discover subsequently that Mr. Gradwell had already given his press interviews.
- The Minister told the Sub-Panel that it was not possible to discipline Mr. Gradwell for the disclosures he had made because of the fact that he had been seconded from another Police force and had already left Jersey. This point is confirmed in the SOJ Police submission:
Having left Jersey and retired from the police service in England, it is not possible to take matters further outside of Jersey’s jurisdiction.
- It is accepted that the subject of the leak to the Mail on Sunday was not an interim report prepared by BDO Alto but initial drafts which Mr. Kellett had prepared and circulated to a limited group of people within the SOJ Police (Mr. Warcup and D/Superintendent Gradwell) and to BDO Alto for information and feedback on accuracy of content and style. We also fully accept that neither BDO Alto nor Mr. Kellett were in any way responsible for this leak.
- It is clear from the evidence we have received that Mr. Gradwell was responsible for leaking information from draft sections of the work which Mr. Kellett had prepared for the BDO Alto review. The information was published in an article in the Mail on Sunday in October 2009 but it also appears to have been made available to Channel Television for a programme in September 2009. Mr. Gradwell also gave an interview to the Jersey Evening Post in which he voiced extensive negative comments on the investigation carried out by his predecessor which he labelled ‘a poorly managed mess’. The disclosure of information from the review of financial management was then part of a broader criticism of the investigation by Mr. Gradwell.
- Mr. Gradwell’s views on the investigation were already well known. As Senior Investigating Officer he had been a key figure in the press conference on 12th November 2008 which had called into question the previous direction of the investigation.
- Our primary concern about the premature leaking of details of the review of financial management relates to issues of fairness in the way these leaks are reported in the media without an adequate opportunity for an alternative perspective to be considered. We give further consideration to this matter in the final section of our report.
- The evidence we have received points to Mr. Gradwell as the person responsible for leaking information from draft sections of the work which Mr. Kellett had prepared for the BDO Alto review.
- Neither BDO Alto nor Mr. Kellett were responsible for the leak of information to the Mail on Sunday.
- Mr. Gradwell’s action in releasing prematurely to the media draft sections of an uncompleted report would have been a serious disciplinary matter for the Police. However, no action could be taken against him by the SOJ Police as Mr. Gradwell had completed his secondment and left the Island.
- Mr. Gradwell’s reasons for taking such an unprofessional step are not clear to us as he refused to participate in the Scrutiny review.
Show No Fear
Do not be intimidated
Truth, Honesty & Integrity
Rico Sorda Part Time Investigative Journalist