Martin McGartland Complaint/s about the conduct of Chief Constable Jon Boutcher [Aka: Operation Kenova]

Bedfordshire Police and Crime Commissioner Nid oedd gan y wybodaeth y gofynnwyd amdani.

Martin McGartland (Ataliwyd y cyfrif)

Martin McGartland

17 February 2020

Dear PCC Holloway / OPCC Bedfordshire,

Please would you supply me with full details of the amount of legal fees that have been spent by you (as PCC) and by your office (OPCC Bedfordshire) in relation to the below conduct complaint\s made against Jon Boutcher on 03 May 2019.

The information which I am requesting under freedom of information is for the period from 03 May 2019 and up until the date this request is answered.

Can you please provide me with following information and documents:

1. Total amount paid from public funds by you / OPCC Bedfordshire relating to this request, the below conduct complaint/s?

2. Regards 1 above, how much (the amount/s) in legal costs relate to Junior Barrister fees if applicable or any fees as applicable?

3. Regards 1 and 2 above, how much (the amount/s) in legal costs relate to Counsels’ Costs,
i.e. QC fees where applicable?

4. Breakdown of the legal / councils costs so that costs invoiced - and paid - which clearly illustrate how those costs were accumulated. Please ensure these illustrate the fees, hourly or daily rate invoiced, whichever applicable. If a daily rate, please clarify the number of hours that constitute a daily rate.

5. Copies of all invoices / bills (showing date/s, fees / amounts billed and paid) which relate to this request, the below Jon Boutcher conduct complaint/s. This request is for copies of the original invoices / bills.

I am not requesting any information relating to legal advice sought or received (including that which could be regarded as legally privileged). This request is for all amounts invoiced and paid as well as for copies of all invoices / bills submitted to you, OPCC Bedfpordshire relating to this request, below complaint/s.

Yours faithfully,

Martin McGartland

03 May 2019 Complaint:

Please consider the environment before printing this email.
From: Martin 'Marty' McGartland REDACTED]
Sent: 03 May 2019 18:39
To: Police and Crime Commissioner <[email address]>
Subject: Complaint about the conduct of CC Jon Boutcher

Martin McGartland

03 May 2019

Complaint about the conduct of CC Jon Boutcher

Dear Ms Holloway,

I am writing to you to make a complaint against CC Jon Boutcher. The reason for this is due to his reneging on promises and assurances that he made to me concerning a review of my attempted murder case which was being investigated by Northumbria Police (NP). I met Jon Boutcher in September / October 2017 concerning his operation Kenova enquiry. As a result, I requested if he would consider conducting a review of my attempted murder, which he accepted.

Around the same time, I met Jon Boutcher (for the second time), as well as his T/ACC Paul Fullwood at Bedfordshire HQ. Jon Boutcher had tasked Paul Fullwood to select officers to conduct the said review and informed me that Mr Fullwood would be my means of contact given Mr Boutcher was busy with other force and Kenova work.

At the second meeting with CC Boutcher, he personally assured and promised me that he would disclose a copy of his review teams findings and the report. He also assured me that any identified wrongdoing, misconduct and or criminal offences by former or present NP officers or any other agencies or agents would be acted upon and would be reported to the relevant authorities and taken forward (i.e IOPC, CPS etc) and done so without fear or favour.

During my contact with Paul Fullwood (who I understand you are not able to investigate but who I only mention for background), he repeated those same assurances to me many times and in emails as well as during telephone conversations. Rather than bombarding you with lots of documents and information, I want to place on the record that there are numerous emails between myself, Jon Boutcher and Paul Fullwood which will corroborate the above. I am aware that you will, if required, have access to those. Obviously, I also have copies of those if they are required.

Around January / February 2018 (or thereabouts) CC Boutcher and Paul Fullwood were passed a copy of the review teams draft report and around that time and up until the present day, CC Boutcher's attitude changed completely whereby my being supplied with a copy of the review report (as he had previously and continually assured and promised me) changed to my being supplied with a redacted copy of the review report but he stated that there would not be many redactions and those that were would be only relating to damage or harm that could be caused to the ongoing investigation into my attempted murder.

That then changed to CC Boutcher informing me that he had recommended in his report that the redacted copy that he prepared to be disclosed to me should be disclosed to me by NP. Then most recently and up to 6 months after CC Boutcher disclosed his report and findings to NP, I was informed by him that he was seeking legal advice concerning the report and also the disclosure of it to me. I have never been informed of the outcome of that legal advice (which I have said was circumvented, as well as above) nor is CC Boutcher responding to any of my recent emails. He has tasked his head of legal to write to me without giving me any explanation as to the above.

It has been around 20 months since I met CC Boutcher and T/ACC Fullwood and during that period I have been very anxiously waiting for their findings only to be completely let down and being subjected to lengthy delay which has resulted in broken and reneged promises and what I am clear is a wilful act by CC Boutcher to cover up his / the review team findings.

I am complaining for the following reasons:

1. That CC Boutcher reneged on all promises and assurances he gave to me at meeting regarding disclosure of the review report and findings as well as later the failure to disclose copy of the redacted report. And also his failure to disclose details of review teams findings concerning the review of my attempted murder investigation by NP.

2. I have reason to believe that Jon Boutcher was made aware as a result of the review teams findings and or from the report that former and or present NP officers had been involved in wrongdoing as well as potentially criminal offences (and at least serious gross misconduct) due to a catalogue of failures, omissions, inactions and or actions by those officers. The same, I believe, is the case concerning other agencies and or agents but Jon Boutcher has refused / failed as required under code of ethics etc to report, challenge or investigate those (as he promised and assured me he would do).

The same would include, but are not limited to, examples of NP protecting persons of interest / suspect/s in my unsolved attempted murder from arrest and justice and I have reason to believe that they did so for up to 10 years or longer. The wiful failure by NP to undertake and or act on outstanding lines of enquiry / investigation which I understand they failed to do and are continuing to fail to pursue for up to and in excess of 10 years. The delaying of arrests by months or even years of individuals of the 5 person/s who have previously been arrested but have been released without charge. I have also reason to believe that NP and at least one of the SIO's in my attempted murder case deliberately misled government minister/s who in turn misled MP's and public in House of Commons as a result of information supplied by NP, the covering up of ballistics and forensic tests and examinations of the gun that was used in my attempted murder, as well as a second handgun and also ammunition which I understand were also identified as being connected to at least 2 other murders as well as shootings and punishment attacks by terrorists in Northern Ireland but which NP had covered up between my June 1999 shooting and the date of the Boutcher review (and would have continued to do so if not for external review). The above are merely just some examples and I believe there are many others.

3. That Jon Boutcher has failed to act against Special Branch, MI5 and or Home Office and Government interference and obstruction in my unsolved attempted murder and the police investigation of it and that would include their wilfully omitting, withholding information concerning my attempted murder from police officers as well as information and also intelligence about the identity of person/s as well as suspects identified as having been involved in my attempted murder. I suspect this may well have been as a result of Special Branch, MI5 ... protecting informants. I also suspect that this might well be because individual/s involved in my attempted murder were before the attempt on my life, were informants or agents of the State or they were recruited after the attempt on my life and this resulted in individuals being protected from arrest and justice.

4. That CC Boutcher as a result of his review, had established that NP had been aware within days of my June 1999 shooting that the attempt on my life had been carried out by terrorists but that they covered it up (including from me as the victim) during the previous 20 years which they continue to cover up as they have still not admitted same to me or public. And that NP did so during a time when they were maliciously and very deliberately leaking smears to the press in which they linked me and my shooting to drugs and feuding drugs gangs. That CC Boutcher, as result of his review findings, had also established that NP, its officers had made to{No} attempt to put the record straight at any stage during the past 20 years (even up to the present day).

The above, without doubt - CC Boutcher will be aware of same - will have caused damage (which I said NP intended) to the investigation into my attempted murder. As a result, the public (due to NP drugs claims) were lead to believe that my shooting was a local, a criminal matter and was not terrorist attact / connected to IRA.

The was done, I am clear by NP, to cover up and protect PIRA involvement in my attempted murder. I also have reason to believe that the Boutcher review will have identified Special Branch, MI5 and or British government interference or influence in this. And my complaint also is that CC Boutcher, despite all his promises and assurances, has not taken any type of action regards this, any of above allegations.

An additional matter which I am complaining about also relates to the meeting between myself, CC Boutcher and T/ACC Fullwood in which CC Boutcher asked me for highly sensitive information concerning my present home address as well as my present new identity. He did so because he stated to me that he was concerned about a threat that the local police (who you will appreciate I cannot name for security reasons) had informed me of only weeks previously. The police arrived at my house to inform me of a threat to my life which I believe originated from the IRA. As a result of this and because CC Boutcher asked for those details, I very foolishly (which I will forever regret) disclosed those to him. He stated to me that they were needed so that he could make some enquiries about the said threat.

I have never in my life shared such information with anyone regards my present location and new identity previous to that and I never would do so but that information was supplied to CC Boutcher for that purpose only and for no other and he nor T/ACC Fullwood had my consent to use it for any other purpose nor to share it with any others (including with Kenova, on PNC, on any Bedfordshire, Hertfordshire or Cambridgeshire systems or with any other third parties.

My complaint regarding this issue is:

5. That CC Boutcher has been asked to confirm that that highly sensitive information has not been shared with any other person/s, third parties and or organisations and that it has not been added to any police systems local or national (and more importantly, not cross referenced with my birth name of Martin McGartland) and that it has not been shared with operation Kenova or any others. I also requested confirmation that those details be permanently destroyed in a format whereby they can never be recovered. However, CC Boutcher has ignored my emails, he has failed to respond to above and this is causing me a great deal of additional worry and distress (on top of my ongoing and permanent symptoms).

As a result, I am complaining that I believe that CC Boutcher has shared that highly sensitive information with others (including with some of the above) without my consent and in doing so could well be placing me in potential danger both now and right into the future if that information were to fall into the wrong hands. I repeat that that information was requested from me by CC Boutcher for the above reason only and I only supplied it to him for that reason which I made known at the time when he asked Paul Fullwood to record the details on a piece of paper. I did not give my consent for those details to be used for any other purpose and never would.

I look forward to hearing from you concerning this matter and would be much obliged if you could deal with it by email only.

Yours sincerely,

Martin McGartland

Police and Crime Commissioner, Bedfordshire Police and Crime Commissioner

1 Atodiad

Thank you for your email.

 

A member of my staff will look into the issues you have raised and will
respond within 10 working days.

 

Kind regards

 

Kathryn Holloway

Police & Crime Commissioner for Bedfordshire

[1]cid:image001.png@01D1D913.38D9AA10

 

Tel: 01234 842064

 

 

dangos adrannau a ddyfynnir

Gadawodd Martin McGartland (Ataliwyd y cyfrif) anodiad ()

Martin McGartland

03 May 2019

Complaint about the conduct of CC Jon Boutcher

Dear Ms Holloway,

I am writing to you to make a complaint against CC Jon Boutcher. The reason for this is due to his reneging on promises and assurances that he made to me concerning a review of my attempted murder case which was being investigated by Northumbria Police (NP). I met Jon Boutcher in September / October 2017 concerning his operation Kenova enquiry. As a result, I requested if he would consider conducting a review of my attempted murder, which he accepted.

Around the same time, I met Jon Boutcher (for the second time), as well as his T/ACC Paul Fullwood at Bedfordshire HQ. Jon Boutcher had tasked Paul Fullwood to select officers to conduct the said review and informed me that Mr Fullwood would be my means of contact given Mr Boutcher was busy with other force and Kenova work.

At the second meeting with CC Boutcher, he personally assured and promised me that he would disclose a copy of his review teams findings and the report. He also assured me that any identified wrongdoing, misconduct and or criminal offences by former or present NP officers or any other agencies or agents would be acted upon and would be reported to the relevant authorities and taken forward (i.e IOPC, CPS etc) and done so without fear or favour.

During my contact with Paul Fullwood (who I understand you are not able to investigate but who I only mention for background), he repeated those same assurances to me many times and in emails as well as during telephone conversations. Rather than bombarding you with lots of documents and information, I want to place on the record that there are numerous emails between myself, Jon Boutcher and Paul Fullwood which will corroborate the above. I am aware that you will, if required, have access to those. Obviously, I also have copies of those if they are required.

Around January / February 2018 (or thereabouts) CC Boutcher and Paul Fullwood were passed a copy of the review teams draft report and around that time and up until the present day, CC Boutcher's attitude changed completely whereby my being supplied with a copy of the review report (as he had previously and continually assured and promised me) changed to my being supplied with a redacted copy of the review report but he stated that there would not be many redactions and those that were would be only relating to damage or harm that could be caused to the ongoing investigation into my attempted murder.

That then changed to CC Boutcher informing me that he had recommended in his report that the redacted copy that he prepared to be disclosed to me should be disclosed to me by NP. Then most recently and up to 6 months after CC Boutcher disclosed his report and findings to NP, I was informed by him that he was seeking legal advice concerning the report and also the disclosure of it to me. I have never been informed of the outcome of that legal advice (which I have said was circumvented, as well as above) nor is CC Boutcher responding to any of my recent emails. He has tasked his head of legal to write to me without giving me any explanation as to the above.

It has been around 20 months since I met CC Boutcher and T/ACC Fullwood and during that period I have been very anxiously waiting for their findings only to be completely let down and being subjected to lengthy delay which has resulted in broken and reneged promises and what I am clear is a wilful act by CC Boutcher to cover up his / the review team findings.

I am complaining for the following reasons:

1. That CC Boutcher reneged on all promises and assurances he gave to me at meeting regarding disclosure of the review report and findings as well as later the failure to disclose copy of the redacted report. And also his failure to disclose details of review teams findings concerning the review of my attempted murder investigation by NP.

2. I have reason to believe that Jon Boutcher was made aware as a result of the review teams findings and or from the report that former and or present NP officers had been involved in wrongdoing as well as potentially criminal offences (and at least serious gross misconduct) due to a catalogue of failures, omissions, inactions and or actions by those officers. The same, I believe, is the case concerning other agencies and or agents but Jon Boutcher has refused / failed as required under code of ethics etc to report, challenge or investigate those (as he promised and assured me he would do).

The same would include, but are not limited to, examples of NP protecting persons of interest / suspect/s in my unsolved attempted murder from arrest and justice and I have reason to believe that they did so for up to 10 years or longer. The wiful failure by NP to undertake and or act on outstanding lines of enquiry / investigation which I understand they failed to do and are continuing to fail to pursue for up to and in excess of 10 years. The delaying of arrests by months or even years of individuals of the 5 person/s who have previously been arrested but have been released without charge. I have also reason to believe that NP and at least one of the SIO's in my attempted murder case deliberately misled government minister/s who in turn misled MP's and public in House of Commons as a result of information supplied by NP, the covering up of ballistics and forensic tests and examinations of the gun that was used in my attempted murder, as well as a second handgun and also ammunition which I understand were also identified as being connected to at least 2 other murders as well as shootings and punishment attacks by terrorists in Northern Ireland but which NP had covered up between my June 1999 shooting and the date of the Boutcher review (and would have continued to do so if not for external review). The above are merely just some examples and I believe there are many others.

3. That Jon Boutcher has failed to act against Special Branch, MI5 and or Home Office and Government interference and obstruction in my unsolved attempted murder and the police investigation of it and that would include their wilfully omitting, withholding information concerning my attempted murder from police officers as well as information and also intelligence about the identity of person/s as well as suspects identified as having been involved in my attempted murder. I suspect this may well have been as a result of Special Branch, MI5 ... protecting informants. I also suspect that this might well be because individual/s involved in my attempted murder were before the attempt on my life, were informants or agents of the State or they were recruited after the attempt on my life and this resulted in individuals being protected from arrest and justice.

4. That CC Boutcher as a result of his review, had established that NP had been aware within days of my June 1999 shooting that the attempt on my life had been carried out by terrorists but that they covered it up (including from me as the victim) during the previous 20 years which they continue to cover up as they have still not admitted same to me or public. And that NP did so during a time when they were maliciously and very deliberately leaking smears to the press in which they linked me and my shooting to drugs and feuding drugs gangs. That CC Boutcher, as result of his review findings, had also established that NP, its officers had made to{No} attempt to put the record straight at any stage during the past 20 years (even up to the present day).

The above, without doubt - CC Boutcher will be aware of same - will have caused damage (which I said NP intended) to the investigation into my attempted murder. As a result, the public (due to NP drugs claims) were lead to believe that my shooting was a local, a criminal matter and was not terrorist attact / connected to IRA.

The was done, I am clear by NP, to cover up and protect PIRA involvement in my attempted murder. I also have reason to believe that the Boutcher review will have identified Special Branch, MI5 and or British government interference or influence in this. And my complaint also is that CC Boutcher, despite all his promises and assurances, has not taken any type of action regards this, any of above allegations.

An additional matter which I am complaining about also relates to the meeting between myself, CC Boutcher and T/ACC Fullwood in which CC Boutcher asked me for highly sensitive information concerning my present home address as well as my present new identity. He did so because he stated to me that he was concerned about a threat that the local police (who you will appreciate I cannot name for security reasons) had informed me of only weeks previously. The police arrived at my house to inform me of a threat to my life which I believe originated from the IRA. As a result of this and because CC Boutcher asked for those details, I very foolishly (which I will forever regret) disclosed those to him. He stated to me that they were needed so that he could make some enquiries about the said threat.

I have never in my life shared such information with anyone regards my present location and new identity previous to that and I never would do so but that information was supplied to CC Boutcher for that purpose only and for no other and he nor T/ACC Fullwood had my consent to use it for any other purpose nor to share it with any others (including with Kenova, on PNC, on any Bedfordshire, Hertfordshire or Cambridgeshire systems or with any other third parties.

My complaint regarding this issue is:

5. That CC Boutcher has been asked to confirm that that highly sensitive information has not been shared with any other person/s, third parties and or organisations and that it has not been added to any police systems local or national (and more importantly, not cross referenced with my birth name of Martin McGartland) and that it has not been shared with operation Kenova or any others. I also requested confirmation that those details be permanently destroyed in a format whereby they can never be recovered. However, CC Boutcher has ignored my emails, he has failed to respond to above and this is causing me a great deal of additional worry and distress (on top of my ongoing and permanent symptoms).

As a result, I am complaining that I believe that CC Boutcher has shared that highly sensitive information with others (including with some of the above) without my consent and in doing so could well be placing me in potential danger both now and right into the future if that information were to fall into the wrong hands. I repeat that that information was requested from me by CC Boutcher for the above reason only and I only supplied it to him for that reason which I made known at the time when he asked Paul Fullwood to record the details on a piece of paper. I did not give my consent for those details to be used for any other purpose and never would.

I look forward to hearing from you concerning this matter and would be much obliged if you could deal with it by email only.

Yours sincerely,

Martin McGartland

BEAUMONT, Katie 6973, Bedfordshire Police and Crime Commissioner

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2000

We write in connection with your request for information received on 17 February 2020 and note that you seek access to the following information:

Please would you supply me with full details of the amount of legal fees that have been spent by you (as PCC) and by your office (OPCC Bedfordshire) in relation to the below conduct complaint\s made against Jon Boutcher on 03 May 2019.

The information which I am requesting under freedom of information is for the period from 03 May 2019 and up until the date this request is answered.

Can you please provide me with following information and documents:

1. Total amount paid from public funds by you / OPCC Bedfordshire relating to this request, the below conduct complaint/s?

2. Regards 1 above, how much (the amount/s) in legal costs relate to Junior Barrister fees if applicable or any fees as applicable?

3. Regards 1 and 2 above, how much (the amount/s) in legal costs relate to Counsels’ Costs,
i.e. QC fees where applicable?

4. Breakdown of the legal / councils costs so that costs invoiced - and paid - which clearly illustrate how those costs were accumulated. Please ensure these illustrate the fees, hourly or daily rate invoiced, whichever applicable. If a daily rate, please clarify the number of hours that constitute a daily rate.

5. Copies of all invoices / bills (showing date/s, fees / amounts billed and paid) which relate to this request, the below Jon Boutcher conduct complaint/s. This request is for copies of the original invoices / bills.

We are required by the Freedom of Information Act 2000 (The Act) to handle all requests in a manner that is blind to the identity of the requestor. Any information released in response to a request is regarded as being published and therefore, in the public domain without caveat.

With reference to your recent enquiry and in response to your question, we can confirm the following:

Response :

The Police and Crime Commissioner and her office have not used any internal or external legal services surrounding your complaint and therefore no costs have been incurred or funds spent in regards to this matter.

We hope this information proves useful. Please come back to us if you require further assistance on this matter.

If you think we have not supplied information in accordance with our Publication Scheme which can be found on the Police and Crime Commissioner for Bedfordshire’s website www.Bedfordshire.pcc.police.uk then you should write, in the first instance, to:

The Monitoring Officer
Office of the Police and Crime Commissioner for Bedfordshire, Bedfordshire Police HQ, Woburn Road, Kempston, Bedford, MK43 9AX
Email: [Bedfordshire PCC request email]

We aim to deal with your concern within 20 working days. If you are dissatisfied with the response you can ask for the matter to be internally reviewed. We aim to complete an internal review and respond to you within 20 working days.

The Information Commissioner

If you are still dissatisfied with the decision you may make application to the Information Commissioner for a decision on whether the request for information has been dealt with in accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner please visit their website at www.ico.gov.uk/complaints.aspx. Alternatively, phone or write to:

First Contact Team
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
SK9 5AF

Tel: 0303 123 1113

Kind regards

Katie

Katie Beaumont
Transparency Manager,
Office of the Police and Crime Commissioner

Bedfordshire Police Headquarters, Woburn Road, Kempston, Bedford MK43 9AX
Tel: 01234 842066
Email: [email address]
Web: www.bedfordshire.pcc.police.uk

The Office of the Police and Crime Commissioner for Bedfordshire (OPCC) takes the management and protection of all personal data we hold very seriously and have recently published a new Privacy Notice, this document explains how we use any personal information we collect about you or members of your organisation when you make contact with us.

If you consent to the OPCC continuing to hold your personal data so that we may contact you in the future please respond directly to this email to let us know that we have permission to do so.

Please consider the environment before printing this email.

dangos adrannau a ddyfynnir

Martin McGartland (Ataliwyd y cyfrif)

Thank you very much Katie

Kindest regards,

Martin McGartland

BEAUMONT, Katie 6973, Bedfordshire Police and Crime Commissioner

Thank you for your email. I am currently away from the office on Annual
Leave until the 2nd March 2020. I will respond to you on my return.

If your email is urgent please forward it to
[email address] and a member of the OPCC will review your
correspondence.

Kind Regards

Katie

 

 

Gadawodd Martin McGartland (Ataliwyd y cyfrif) anodiad ()

OPCC Bedfordshire / Police Cover Up / Obstruction and protecting Jon Boutcher [ Aka Operation Kenova ] from 'investigation': https://www.whatdotheyknow.com/request/j...