Members will recall that last Tuesday 7th June during question time I asked an Oral Question of Senator Ozouf in relation to my complaint against a senior officer. On four occasions Senator Ozouf stated that the Investigator had found no substance to my complaint. The question arose from the removal of part (d) of the Napier Terms of Reference. My attached letter of complaint to Senator Le Sueur will set the scene, also attached is Senator Ozouf's letter in which he has summarised the Investigator's findings. The third letter is from Mr Power in which he states that he regarded the failure to be informed of the changed Terms of Reference as an act of deception.
As one can see from my allegations only a small number of people had to be interviewed. The key people being myself, Senator Le Sueur, Mr Power and most certainly Mr Napier and the Officer, Mr Richardson. One should note that the cost of the investigation was a little over £6000. The report has apparently only been seen by Senator Ozouf whose letter claims to be a summary of the Investigator's response to each of the allegations
I spent around two hours with the investigator and provided the key documents including a copy of an email from Mr Napier in relation to his discussion with Mr Richardson about the Terms of Reference. Mr Napier states " I can confirm that I did not feel constrained in any way by its removal, although I do recollect a comment I made, to the effect that I did not want to participate in setting my own Terms of Reference. In other words, I remember expressing the view that the decision to change the terms was not one which I should personally make or participate in, though I had no objection to the amendment being made by those who were instructing me and I was entirely happy working with the amended terms"
When one reads Mr Napier's comments it is difficult to understand how anyone can come to the conclusion that part (d) was not removed particularly as it does not appear in the Final Napier Report. It is also difficult to understand how anyone can form any contrary view when two of the key witnesses, Mr Napier and Mr Power were never interviewed. (That fact was confirmed by Senator Ozouf during question time). I don't know whether Senator Le Sueur was interviewed but given that part (d) was removed or not proceeded with (by a mutual understanding!!!!) the document he was given to sign was not an accurate one and the subsequent presentation of R39/2010 was only partly accurate because the Terms of Reference had been amended. It is now claimed that the absence of part (d) was an administrative error, it will be for Members to come to their own conclusions however Senator Ozouf states that allegations 6 & 7 were proven. Therefore his statement to Members that the Investigator had found no substance to my complaint is incorrect and should be rectified.
In Senator Ozouf's letter it is claimed that Mr Richardson did not "instruct" Mr Napier to remove part (d) but he concluded that a mutual understanding developed between Mr Richardson and Mr Napier not to proceed with part(d) as it was not relevant. Such a claim is nonsense. The fact is as a result of that " mutual understanding " part (d) was removed as stated by Mr Napier this is substantiated by its absence, without any explanation in the Final Report. Whatever excuses are offered it cannot be disputed that Part (d) does not appear in the Terms of Reference in the Napier Final Report. It cannot be disputed that even if there was a "mutual understanding between Mr Napier and Mr Richardson not proceed with Part (d) It was not within the gift of Mr Richardson to take such action without consulting myself and Senator Le Sueur. If we had agreed then it was imperative that Mr Power and all other witnesses were notified that as a result of a "mutual understanding with Mr Richardson, Mr Napier was not proceeding with part (d). Also both myself and Senator Le Sueur should have been informed as per our agreement.
I met the Investigator and was of the view that he was experienced and quickly grasped the situation. I do not believe that he was so incompetent to form the views attributed to him particularly as he did not interview Mr Napier but had thewritten account of the removal of part(d).
I believe that the removal of part (d) was to deflect Mr Napier away from digging too deep. however his findings must have disappointed certain people because he found that those involved with the former Police Chief Officer'ssuspension had acted untoward. If our Government is to have any credibility it must be transparent and its Ministers and all its Officers must act with propriety without fear or favour. The evidence to hand proves there was a conspiracy to remove Mr Power. Those responsible have been shown to have acted in an untoward manner probably believing that they were either above reproach or no one would bother to scrutinise and if anyone did, there would be Ministers and Civil Servants who would make life difficult for those who tried to expose the truth. They have been proven to be wrong.
Complaint against Mr John Richardson
- He instructed Mr Napier to remove part (d) without discussing the matter with you or me.
- He failed to inform you or me of the decision
- He failed to inform Mr Power of the decision.
- On 9th April 2010 he submitted documentation to the Council of Ministers which included part (d) of the Terms of Reference when part (d) had been removed.
- On 13th April he submitted documentation to you which included part (d) of the Terms of Reference when he knew that part (d) had been removed.
- On 13th April whilst responsible for the submission of the Mr Napier’s appointment, CV and Terms of Reference to the Greffier for publication, the second page containing part (d) and part (e) was not included in the submission
- Following the presentation of R39/2010 on 14th he failed to correct the document so that the full Terms of Reference were accurately reported.
From: Bob Hill Sent: 01 March 2010 12:01 To: Terry Le Sueur Subject: FW: Power enquiry
-----Original Message----- From: Terry Le Sueur Sent: 01 March 2010 08:46 To: Bob Hill Subject: Power enquiry
The cover-up continues...................to be exposed!............BY BLOGGERS!