Northumbria Police requested external legal advice ...

Martin McGartland made this Rhyddid Gwybodaeth request to Northumbria Police

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Gwrthodwyd y cais gan Northumbria Police.

Martin McGartland

Dear Northumbria Police,

Given that NP have unlawfully “gagged” me from seeking information about my unsolved attempted murder case I would like to know if they requested legal advice to do so.

1. Have Northumbria Police requested external legal advice and/or external legal representation concerning any of the FOIA/DPA requests I have made.

2. If so, please supply full details of all amounts paid by Northumbria Police on external legal advice and/or external legal representation concerning any advice relating to question 1 above. Please specify which payments were counsels' fees.

3. Provide the names of all law firms and individuals,if any, who have supplied such services and/or advice to Northumbria Police concerning my FOIA, DPA requests

4. Please supply names of all FOI,DPA and Northumbria Police officers, including their positions within NP who have been involved with and/or party to any of my FOIA/DPA requests which I have made.

Yours faithfully,

Martin McGartland

Northumbria Police

Freedom of Information Act 2000 (FOIA)

Thank you for your email received today in which you make a request for
information that Northumbria Police may hold.

We are in the process of dealing with your request and expect to revert to
you shortly. A response should be provided by 1 March 2011.

Yours sincerely

Helen Robbins

Disclosure Section

[NOT PROTECTIVELY MARKED]

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

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Martin McGartland

To: Northumbria Police
Subject: Re: Freedom of Information request - Costs to Northumbria Police, taxpayer relating to Martin McGartland 1999 attempted murder case

Dear Sir or Madam,

I would like to draw the following newspaper article to the
attention of Northumbria Police and would like them to be aware
that I will be relying on this with regard to all/any FOI requests
I have made to NP concerning costs relating to my 1999 attempted
murder case;

Police agree to reveal Raoul Moat costs

By The Journal
Feb 7 2011

POLICE chiefs have agreed to reveal the cost of the manhunt for
killer Raoul Moat.

The move comes seven months after Moat went on the rampage and hid
in the village of Rothbury, in Northumberland.

Lib Dem county councillor Steven Bridgett, who represents Rothbury,
used the Freedom of Information Act to make an application to find
out the cost of the investigation but was initially refused.

Now Coun Bridgett says he received a phone call from the Deputy
Chief Constable Jim Campbell telling him he will have the figures
in a few days.

Link;
http://www.journallive.co.uk/northumberl...

------------------------------------------------------
I will also be making a separate request concerning 'the figures'
which the article claims that Deputy Chief Constable Jim Campbell
stated would be released in a few days.

I will also use this as an example of NP's ongoing campaign against
me, whereby I am continually being discriminated against,
victimised and harrassed and I am even being told that similar
requests to that made by Steven Bridgett are being refused even as
the victim in my case and I am being described by NP as
'vexatious'.

There is absolutely no reason why NP should not now be releasing
all of the information I have been requesting concerning costs and
associated costs to NP and more importantly, the taxpayer,
regarding my 1999 attempted murder case.

For information purposes only, I will also add this correspondence
to other requests I have made on the whatdotheyknow.com website to
NP concerning associated FOI requests concerning costs of my
ongoing 1999 case.

Yours faithfully,

Martin McGartland

Martin McGartland

Dear Sir or Madam,

The above link may be broken. I have attached it once again; http://www.journallive.co.uk/northumberl...

Kind regards,

Martin McGartland

Martin McGartland

Dear Northumbria Police,

Can you please update me with regard to the internal review I requested on this matter.

Yours faithfully,

Martin McGartland

Northumbria Police

1 Atodiad

Provision of Information held by Northumbria Police under the Freedom of
Information Act 2000 (the" Act")

With regard to your email in which you make a request for information that
Northumbria Police may hold.

I regret that Northumbria Police will not be able to complete its response
to you by the date originally stated. We are still researching the
information held and considering whether any exemptions under the Act may
apply.

Specifically in relation to your request Northumbria Police are considering
the exemptions as set out in the following parts of the Act:

14 Vexatious or repeated requests

(1) Section 1(1) does not oblige a public authority to comply with a
request for information if the request is vexatious.

(2) Where a public authority has previously complied with a request for
information which was made by any person, it is not obliged to comply with
a subsequent identical or substantially similar request from that person
unless a reasonable interval has elapsed between compliance with the
previous request and the making of the current request.

I can now advise you that the new date for the provision of the information
is 28th March 2011. I can assure that every effort will be made to ensure
that a response will be provided to you within this new timescale.

Your attention is drawn to the attachment which contains your complaint
rights.

(See attached file: FOI Complaint Rights.doc)

Yours sincerely

Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial: 01661 868347
NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1988 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk

Martin McGartland

Dear Sir or Madam,

RE:- I do not agree to a time extension given NP have given me no plausible explanation as to why this is needed. Indeed, Northumbria Police have given me no explanation at all.

My request was for following information;

1. Have Northumbria Police requested external legal advice and/or external legal representation concerning any of the FOIA/DPA requests I have made.

2. If so, please supply full details of all amounts paid by Northumbria Police on external legal advice and/or external legal representation concerning any advice relating to question 1 above. Please specify which payments were counsels' fees.

3. Provide the names of all law firms and individuals,if any, who have supplied such services and/or advice to Northumbria Police concerning my FOIA, DPA requests

4. Please supply names of all FOI,DPA and Northumbria Police officers, including their positions within NP who have been involved with and/or party to any of my FOIA/DPA requests which I have made.

Northumbria Police are in breach of the act and they also did not deal with this request within the 20 working days. I do not agree to a time extension and I am again asking NP to release the requested information to me immediately. If not, I can confirm that I will be making a complaint to the ICO concerning this matter.

You will be aware that Section 1(1) of the Act states that: “Any person making a request for information to a public authority
is entitled –

(a) to be informed in writing by the public authority whether it holds information of the description specified in the request, and

(b) if that is the case, to have that information communicated to him.”

Northumbria Police have not informed me in writing if it holds the requested information. This is a breach of the act.

Northumbria Police have not communicated that information to me. This is another breach of the act.

Further, Northumbria Police did not deal with this request within the 20 working days. This too is a further breach of the FOIA.

Please will you now confirm if you hold the requested information as you are required to do by law.

I am once again requesting that NP immediately release
the requested information. I do not agree to a time extension given NP have given me no plausible explanation as to why this is needed. Indeed, Northumbria Police have given me no explanation at all.

If the information is not released to me immediately I can confirm I will be making a complaint to the ICO concerning this matter.

I look forward to your urgent reply concerning this matter.

Yours faithfully,

Martin McGartland

Martin McGartland

Dear Northumbria Police,

PLEASE REFER TO;

http://www.whatdotheyknow.com/request/co...

Yours faithfully,

Martin McGartland

Martin McGartland

Dear Northumbria Police,

I have just learned that Northumbria Police have also 'Gagged' the Sunday World Newspaper and accused it and one of its reporters of being “vexatious'.

I am adding the text of the story which is published in the Sunday World today to this and all other requests for your information and that of the ICO. This is shocking - What the hell have NP got to hide?

Cops refuse to reveal spy gun hit info
By JOHN CASSIDY
March 13, 2011

THE Sunday World has been ‘gagged’ by a British police force over a probe into the IRA murder bid on RUC agent Martin McGartland. Two months after Northumbria Police refused to answer his questions about its investigation into his 1999 shooting. The same force is now refusing to answer Sunday World questions about the sanctioned Provo hit. And the force – who have yet to charge a single IRA terrorist with the near fatal shooting – claims our request for answers under the Freedom of Information Act is “vexatious’.
It is the same response it gave to Martin McGartland when he asked for answers to questions on his case. Last night, McGartland accused Northumbria Police of a “political cover up’’ to protect Sinn Fein and the peace process. “Northumbria Police can’t give a straight answer to a straight question,’’ he told the Sunday World this week from his secret hideaway address somewhere in the UK.

Disgrace

“I believe Northumbria Police have familial DNA from the crime scene linked to family members of the gunmen.
“I believe the police have told the Government,MI5 or its advisers of this familial DNA and the Northumbria Police have been told not to act on it as it could rock the political boat in Northern Ireland. “It is an absolute disgrace that Northumbria Police can think they can fob off newspapers who are making a genuine request for information about the attempt on my life.
“As the victim in this case, no one is keener than I for the perpetrators for the savage attack upon me that changed my life forever, be apprehended, put before the courts and sent to prison. “The Sunday World has supported me in my quest for this to happen. Northumbria Police “Neither I nor the Sunday World I would do anything that would prevent this from happening. “Northumbria Police are so desperate to silence me and the Sunday World, to stop us for asking embarrassing questions, that they will do or say anything whether or not it is true and irrespective of what damage they do to me or anyone else in the process.’
Ends;
http://www.scribd.com/doc/50616601/Sunda...

I too have been 'gagged' (as have others) and been accused as having been 'vexatious' by NP;
http://www.scribd.com/doc/47984176/North...

The truth is that NP are involved in a cover up in this case. They continue to lie and act in a disgraceful manner while dealing with me and my case.

Yours faithfully,

Martin McGartland

Northumbria Police

1 Atodiad

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

Thank you for your email dated 1 February 2011 in which you made a request
for access to certain information which may be held by Northumbria Police.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Police),
subject to certain limitations and exemptions.

You asked:

Given that NP have unlawfully ***gagged*** me from seeking information
about my unsolved attempted murder case I would like to know if they
requested legal advice to do so.

1. Have Northumbria Police requested external legal advice and/or
external legal representation concerning any of the FOIA/DPA requests I
have made.

2. If so, please supply full details of all amounts paid by
Northumbria Police on external legal advice and/or external legal
representation concerning any advice relating to question 1 above. Please
specify which payments were counsels' fees.

3. Provide the names of all law firms and individuals,if any, who
have supplied such services and/or advice to Northumbria Police concerning
my FOIA, DPA requests

4. Please supply names of all FOI,DPA and Northumbria Police
officers, including their positions within NP who have been involved with
and/or party to any of my FOIA/DPA requests which I have made.

In response:

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

Whilst not at first apparent, upon review this request is clearly linked
to other requests that have been declared vexatious. In response to an
internal review regarding other requests you have submitted you have
stated that you believe other employees and other external legal firms
have written correspondence in my name and that other employees are
engaging exemptions on behalf of this department. I must advise that
whilst a request itself may not be vexatious, when taken in context it can
be fairly deemed as vexatious if it adds to a continuation of a pattern of
behaviour.

As previously advised to you, using Freedom of Information requests to
perpetuate issues you have with the force regarding the specifics of your
case is clearly inappropriate.

Section 14 - Freedom of Information Act 2000

Section 14 of the Freedom of Information Act does not oblige a public
authority to comply with a request for information if the request is
deemed as Vexatious.

You should note that following this correspondence and other
correspondence recently sent to you in response to related requests, we
are not obliged to, nor do we intend to take any further steps in relation
to this matter or in response to any further requests that you may submit
that are deemed to fall into the remit of vexatious.

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police. Your use of the information must
be strictly in accordance with the Copyright Designs and Patents Act 1988
(as amended) or such other applicable legislation. In particular, you
must not re-use this information for any commercial purpose.

How to complain

If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure which is attached.

If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner***s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.

Yours sincerely

Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial: 01661 868347
[NOT PROTECTIVELY MARKED]

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed. The message may contain
information that is covered by legal, professional or other privilege. No
mistake in transmission is intended to waive or compromise any such
privilege. This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses. It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website -
[1]http://www.northumbria.police.uk

References

Visible links
1. http://www.northumbria.police.uk/

Martin McGartland

Dear Northumbria Police,

You have very deliberately subjected me to delay after delay when you were well aware that you would be refusing this request.

You are now stating that; 'Whilst not at first apparent, upon review this request is clearly linked
to other requests that have been declared vexatious. In response to an internal review regarding other requests you have submitted ...'. Make your mind up - is this request vexatious or not. NP are now back-paddling. I suspect that they have wasted further taxpayers money paying for legal advice to tell them what they already knew, that non of these requests are
'vexatious'. NP are using the FOIA to hide and cover-up their failings and also corruption by chief officers who have been involved with me and my attempted murder case. The above newspaper links show that NP are 'gagging' anyone who makes any kind of a FOI request concerning my case. They are also deliberately lying by claiming the requests are 'vexatious' and/or that the questions have been asked in the past. The fact is that NP have not answered the questions at any stage. I also note that NP have not produced a shred of evidence to by up such claims. The ICO will of course look at all of the background and see that this is indeed the case.

Yours faithfully,

Martin McGartland

Gadawodd Martin McGartland anodiad ()