Chief Police Officer Graham Power's affidavit.........to follow.

An e-mail (below) sent from Deputy Bob Hill to all States Members, media, and others.

Needless to say, more will follow!!!
Dear Colleagues,



On Tuesday 23rd February 2010 the States will be asked to decide by what means the suspension of the Chief Officer of Police should be reviewed. That such a review is called for is now no longer the subject of significant dispute. I believe that there should be a formal committee of enquiry and have lodged a proposition to that effect. The Chief Minister believes that a less formal review by a suitably qualified expert apparently selected and appointed by him, is the right way forward. It will be for you to decide which of these alternatives will be the most effective in restoring confidence in the integrity of our government and the ability of those in senior office to conduct them in an appropriate manner on our behalf. Whatever way forward is decided upon, the review will be examining an action which is unprecedented in the history of the island. The decision to suspend was taken by the then Minister for Home Affairs. It appears to be the only recorded decision he took during his short period in office as a Minister. He took it within days of his appointment and a few days later he left office and left politics. This has inevitably raised questions as to why he appeared to act in such indecent haste, what were his motives, who was really making the decisions, why did the former and current Chief Ministers apparently conceal the truth from Mr Power and was there a conspiracy as outlined in my email to the Chief Minister which can be found on pages 22 and 23 of P9/2010?



Although the former Minister is no longer a member of the States the consequences of his decision have had far reaching repercussions which have caused grave concern in our community, resulted in two public hearings before both the Royal Court and an Administrative Appeals tribunal, an investigation whose costs are now approaching one million pounds and has yet to produce a final report, and constant media attention both on and off island. Since the date of the suspension Ministers have repeatedly resisted requests for information with the consequence that new facts have effectively been "drip fed" into the public domain, either as a result of disclosure in consequence of legal action, or through the inevitable leaks and briefings. Meanwhile, the Chief Officer decided last month to give notice of his retirement. His stated reason is that he had concluded that the suspension had reached a length which made a return to work impossible. In this context the decision to suspend has effectively evolved into a dismissal, which adds to its gravity and significance.



I believe that in considering the way forward Members should be as fully informed as possible regarding the circumstances of the suspension. I believe that you will be aware that as part of his Judicial Review proceedings, the Chief Officer swore an affidavit setting out his account of events. A copy was provided to the current Minister for Home Affairs in early 2009 and it is believed that other States members have subsequently seen a copy. I believe that it is in the interests of fair play and balance that the information in the affidavit should now be available to States Members in order that the debate and final decision on 23rd February can be as well informed as the circumstances allow. Equally, given the significant media and public interest, I have also decided that a more general release of the document is now appropriate. I had hoped to include the affidavit in my Proposition P9/2010 so as to enable Members sufficient time to read it in conjunction with my report before the debate on the 23rd February which will be held in camera, however I was informed that as the affidavit was not in the public domain it could not be included. Since then it has become clear that some members have seen the document in its entirety and that a significant part of what is said in the content has reached the public domain by other means.



There is also speculation, some of it inaccurate, as to what it may contain. Against this background and with Mr Power's consent I have decided that it is in the best interests of all parties to end this speculation by making the document more widely available. The document consists of 20 pages and it would be unreasonable to give it to you on the morning of the debate, by circulating it now will enable you to approach the debate on 23rd February with a fuller picture of the background to these events.



Regards,



Deputy Bob Hill BEM.,

Deputy of St Martin.



Tel: 01534 861019



Email: b.hill@gov.je