Napier Report Imminent?

With the Report of Brian Napier QC, long overdue but expected at any time, Team Voice thought we would refresh our readers/viewers’ memories, over the coming weeks, with some of our publications we believe Mr. Napier QC might, or should be, aware of as part of his enquiry/report.

On February the 23rd 2010 we published THIS Blog posting. In the Blog posting former Chief Police Officer Graham Power QPM told us, (among many other revelations) “I do not have the technical capability to insert my comments alongside those of Andrew Lewis. It may therefore be necessary for the reader to be in possession of the comments of the former Minister while reading my comments. If this causes difficulty I apologise. It is the best I can do with the resources available.”

In order to assist readers/viewers and indeed, former CPO Power QPM we have decided, to publish a “REDACTED” version of the original post. We have concentrated on this sentence from Graham Power QPM “I do not have the technical capability to insert my comments alongside those of Andrew Lewis."

We hope that this will be helpful to readers and all involved. Although we do strongly suggest reading the original post.

Former Home Affairs Minister Andrew Lewis released his statement in Response to P9/2010 submitted by Deputy Bob Hill, and the sworn AFFIDAVIT of Graham Power QPM.

1. I have sympathy for the concerns that Mr Power has for his family but it must be pointed out that the reason that his daughter became aware of his plight whilst driving to work in Australia was because Mr Power, upon leaving the meeting with me and Mr Ogley at Cyril Le Marquand House, went directly to the BBC radio station to make a statement despite being advised not to do so. This story was immediately syndicated across the world.

1. In this paragraph Mr Lewis attempts to blame me for the publicity regarding the suspension. During the suspension interview he made it clear that it had already been decided that he and the then Chief Minister (who had no lawful role in the matter whatsoever) would shortly be giving a press conference, the arrangements for which had been put in place the previous day, presumably in anticipation of the outcome of the suspension meeting on 12th. It is natural and understandable that in light of this information I should decide to ensure that my side of the story was given comparable coverage.
 
 
 
 

2. Mr Power also suggests that I should have discussed my actions with the previous Minister Senator Wendy Kinnard before carrying them out. In the context of the reasons for his suspension this would have been quite inappropriate as the Minister had handed over responsibility for oversight of the abuse inquiry many months before due a conflict of interest.

2. Mr Lewis claims that any consultation with the previous Minister would have been a conflict of interest. He misses the point. The relevant period of the historic abuse enquiry was undertaken under the political oversight of another person who is not recorded as having expressed any formal concerns. In his actions of 12th　November 2008 Mr Lewis was applying retrospective judgement in respect of actions which occurred prior to him assuming office. He was, in common parlance, moving the goalposts after the event. His failure to consult with the person who was actually in political office at the relevant time is a breach of the basic principles of fairness.
 
 
 

3. The act of suspension was fully in line with the disciplinary code and is designed as a neutral act in order to give the Chief Officer sufficient time to defend his position uncompromised by the constraints of office. The code has a clear process of appeal despite Mr Power’s allegations that such provision does not exist.


 

3. Mr Lewis claims that the process he applied was in accordance with the disciplinary code and he appears to imply that it was in some way fair and “neutral.” This claim is made in spite of the strong criticism of his actions by the Royal Court. He does not address this criticism and appears to prefer to pretend that it does not exist. Contrary to his claim, the disciplinary code provides for no appeal against suspension. There is a right of appeal against the findings of a disciplinary hearing. No such hearing has yet occurred and none has been arranged.


 
 
 
 

 
4. Mr Power also claims that the code was rewritten hours before it was invoked, this is quite misleading. The nature of the code was not rewritten it was simply amended for use under the new ministerial government system, which involved replacing the word committee with that of minister. The same has applied to numerous documents right across the States since the inception of ministerial government

4. Lewis says “Mr Power also claims that the code was rewritten hours before it was invoked, this is quite misleading.” If this is genuinely misleading then I am quite happy to be led towards the truth. If it was re-written at an earlier time, who did this and who asked for it to be done? Could it by any chance be the same as yet unidentified person or persons who decided, apparently without any Ministerial authority, to spend a Saturday morning drafting suspension notices for the Chief Officer of Police on the off-chance that the Minister, who according to his statement to Wiltshire Police, “had no reason to believe that they were not managing the investigation well” might suddenly change his mind? Or was it intended that the Minister would have his mind changed for him? Without a proper enquiry we will never know.
 
 

5. Both Mr Power and Deputy Hill claim that the decision to suspend the Chief of Police was somehow rushed, “done on a whim with little consideration and without seeking advise”. I refute this suggestion most strongly. I had been aware for sometime of concerns about the command and control of the Child Abuse enquiry and in my capacity as Minister had been regularly briefed by the Deputy Chief Officer on the progress of an independent review of the case, being carried out by The Metropolitan Police.

5. In his recent statement Mr Lewis says “I had been aware for some time of concerns about the command and control of the Child Abuse Enquiry.” In his formal statement to Wiltshire Police he states “Until I received the letter from David WARCUP, (on 11th November 2008 – the day before the suspension)　I had no reason to believe that they were not managing the investigation well.” (Paragraph 3.) Is Mr Lewis now admitting that his statement to Wiltshire Police is not true? If it helps, it appears that prior to signing his statement to Wiltshire Police, Mr Lewis signed a declaration which among other things (such as page numbers and the like) states “This statement is true to the best of my knowledge and belief and I make it knowing that, if it is tendered in evidence, I shall be liable to prosecution if I have wilfully stated anything in it which I know to be false or do not believe to be true.” If the signed statement to Wiltshire Police is not true then it is a serious matter. On the face of it, his recent public statement, and the statement to Wiltshire cannot both be true. This is something which may require a more formal investigation. I will return to this issue later.
 
 

6. Mr Power had also been regularly briefed on the progress of the review in even more detail than I. He was also informed that the Deputy Chief Of Police was planning to brief Ministers on the 11thNovember on the findings of the review that were expected to be shocking. Despite this Mr Power decided to go on holiday. I questioned this with him but he claimed that there was nothing in the Met report to be concerned about. Subsequent revelations that are now well documented were of course quite the opposite.
 

6. Mr Lewis states that I was aware of the planned briefing to Ministers on 11th　November 2008. This is just plain untrue. Pure and simple. This was planned and executed without my knowledge. If he claims that I was aware it might be useful for him to state who told me, and when. He then states “Despite this Mr Power chose to go on holiday.” This is almost a total reversal of the truth. Mr Lewis knows, or at least he should know, that my absence was not a “holiday.” I was attending to family welfare issues in the UK which had by that time been postponed for too long due to work commitments. The evidence indicates that far from my absence being some form of abdication of responsibility on my part, it was seized upon in a series of events which bear all of the characteristics of a planned coup d’ état. The first day of my leave was 7th November 2008. By the following morning persons unknown were preparing suspension notices and, on the evening of my return to the island I was told to attend a meeting the following morning.
 

7. During my final meeting with Mr Power he was not asked to resign he never has been, it was an action that I did not wish to invoke because it was important that a thorough investigation of the allegations made in the Met review was undertaken before any further action was taken in respect of Mr Power’s position. Hence the suspension was an important neutral act. I am not at liberty to disclose the contents of the Met Report as I am bound by the disciplinary code. However I refute strongly the repeated suggestion by Mr Power that he does not know why he has been suspended, full details of the reasons are contained in the two page letter that was given to him at our meeting with him on the 12th　November 2008.

7. Lewis states that I was not “asked to resign.” All parties agree on at least one thing. That is that at the start of the meeting I was asked to“consider my position.” I leave it to others to decide what is commonly understood to be meant by this statement. Interestingly Mr Lewis states “I am not at liberty to disclose the contents of the Met Report.” According to his statement to Wiltshire Police he could hardly do so given that he claims “I never saw the Metropolitan Review Document.” (Paragraph 14.) Again, it is hard to reconcile these two statements.
 
 
 
 
 

8. Mr Power also claims that the notes taken at the meeting on the 12thNovember which were later typed from Mr Ogley’s notes some how differed from Mr Power’s recollection of the meeting. The transcripts of the meeting were forwarded to me for my approval. I can categorically state that they were a true and accurate record of the meeting. Mr Power has never corresponded with me to the effect that they did not reflect the meeting.
 

8. In his recent statement Lewis refers to the typed notes which are alleged to be a true record of the disciplinary meeting and says “Mr Power has never corresponded with me to the effect that they did not reflect the meeting.” In a letter addressed to the Minister dated 1st December 2008 I begin “Dear Minister.” I then go on to list a number of issues. In paragraph 5 and 6 I refer to the alleged typed notes of the meeting and list areas of the notes which I consider to be untrue. On 5th December 2008 I received a reply which had been sent on the Ministers behalf. I have copies of both letters. The recent claim by Lewis that　“Mr Power has never corresponded with me to the effect that they (the notes)　did not reflect the meeting” is a further transparent falsehood and can be shown to be so.

9. I am deeply concerned that the subsequent enquiry into this matter conducted by Wiltshire constabulary has taken so long. I was advised that such an investigation would only take until March 2009. The longer such matters are left the more open they are to wild allegations of conspiracy. Such allegations I most strongly refute. The reasons for suspension were compelling; the process was diligent, professional and painstakingly considered in accordance with the disciplinary code. I took full legal and HR advice from highly competent professionals and followed the prescribed procedure of the day.

9. I am grateful for the comments of Andrew Lewis in this paragraph. He confirms that he and others were apparently misled as to the duration of the disciplinary enquiry, stating that he was told that it would be concluded by March 2009. It is now of course almost March 2010 and the matter is still outstanding. He does not say who misled him or speculate as to their motives. He says that he is “deeply concerned” about this issue. His concerns, if authentic, are appreciated. During this time he has of course been getting on with his life. I am the one who has been suspended until such time as there is no possibility of a return to work, and I have therefore effectively been dismissed.
 
 
 
 

10. I had on a number of occasions publicly and privately extolled my respect and admiration for Mr Power as competent manager and Chief Police Officer. Which was why I was deeply shocked by the revelations and allegations presented by other competent independent policing authorities concerning Mr Powers command and control of Jerseys biggest ever criminal investigation.



 

10. In this paragraph Mr Lewis praises my professional virtues. He then says that he was shocked by the revelations presented by “competent independent policing authorities.” He does not say who these authorities were. Whoever they were they could not have been the Metropolitan Police whose report he “never saw.” (Witness statement paragraph 14.)


 
 
 
 
 
 

11. Such allegations must be and I am led to believe have now been thoroughly investigated. I now look forward to the publication of the Wiltshire Constabulary’s report, which I have fully cooperated with. If further enquires are proved necessary I would fully support and cooperate with such a process.


 

11. Mr Lewis states that he will now “look forward to the publication of the Wiltshire Constabulary’s report.” In that respect he may be disappointed, given that Wiltshire have ruled their report to be confidential and stated that their report is exempt from any Freedom of Information laws on a number or grounds, including the claim that any disclosure would be “likely to prejudice relations between the United Kingdom and Jersey.”(Confidentiality rules. Wiltshire report.) I will of course abide by the confidentiality rules imposed by Wiltshire. Andrew Lewis apparently intends otherwise. In this paragraph Mr Lewis goes on to state that he would fully co-operate with any further enquiries which may be necessary. I am pleased to hear this in view of what I have to say below with regard to this issue.
 
 
Personal comment.　


Having concluded my comments on the recent release by Andrew Lewis, I now offer the following thoughts:　

Among all of the conflicting accounts and confusion a number of things appear to be evident. Nobody appears to dispute that important evidence, in the form of the original record of the suspension meeting was wilfully destroyed.

There is evidence that suspension documents which bore the date 12th November 2008 and which claimed to be in response to information received the previous day, were, shall we say, deficient in authenticity.

There is an apparent conflict between things said in the legally admissible statement made by Andrew Lewis and the things which he is saying now. There might be an explanation for this, although none is immediately apparent.

In these circumstances I believe that there is a compelling case for a full independent investigation with intrusive legal powers, into the actions of Andrew Lewis and others on and around 12th November 2008 and that given the circumstances, a full criminal investigation, by an independent police force, may be appropriate. This is of course a matter for others to decide. Nevertheless, notwithstanding my effective dismissal from the police service, I remain fully committed to support any enquiry, criminal or otherwise, into the events of November 2008.