ACC Bacon / Vera Baird BOTCHING, WHITEWASHING WINTON KEENEN Complaints and Circumventing local resolution to do so -

Martin McGartland made this Freedom of Information request to Northumbria Police This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Northumbria Police.

Martin McGartland

Martin McGartland

07 February 2019

Winton Keenen complaints"not suitable for local resolution."

Dear ACC Bacon,

The IOPC/IPCC have UPHELD my appeal into your / Vera Baird use of local resolution concerning my complaints against your boss - Winton Keenen - who you "investigated" (Whitewashed).

The IOPC/IPCC decision was that my complaint (as I had stated all along and which you were well aware of QC Baird) was "not suitable for local
resolution."

This is a copy of IOPC/IPCC decision letter dated 07/02/2019 concerning my appeal (Which has been UPHELD) into your (and ACC Bacon's) use of local resolution concerning my complaints against Winton Keenen. The letter is copied and pasted below and in full. You will see that IOPC/IPCC have stated that you

7 February 2019

Dear Mr. McGartland,

This letter is about your appeal against Northumbria Police and Crime
Commissioner’s decision dated 3 October 2018, which we received on 23
October 2018.

Our role is to review whether the outcome of the local resolution was a
proper outcome. Our role is not to investigate your complaint.
Our legal duties are set out in paragraph 8A of Schedule 3 of the Police
Reform Act 2002

1. As part of the review I looked at whether your complaint
was suitable for local resolution.

After considering all the information available I have decided to uphold
your appeal, because in my view your complaint was not suitable for local
resolution.

There are three aspects of your complaint against CC Winton Keenen.

These are:

1. the content of the report to the IOPC was deliberately misleading

2. CC Keenen deliberately covered up information regarding the initial
media release in order to protect colleagues and the force as a
whole.

3. CC Keenen failed to act in accordance with the Code of Ethics
(integrity)

1 This changes to regulation 28 of the Contractor Regulations 2015 if your complaint was made on or after 8 April 2015 and relates to a contractor working for the police.
The suitability test for local resolution is set out at Paragraph 6 of Schedule
3 to the Police Reform Act 2002. It allows an appropriate authority to locally
resolve a complaint if the following two conditions are met:

a. The appropriate authority is satisfied that the conduct that is being
complained about (even if it were proved) would not justify bringing
criminal or disciplinary proceedings against the person whose
conduct is complained about; and

b. The appropriate authority is satisfied that the conduct complained
about (even if it were proved) would not involve the infringement of a
person’s rights under Article 2 or 3 of the European Convention on
Human Rights.

Both conditions must be met for a complaint to be suitable for local
resolution. If only one condition is met then the complaint is not suitable for
local resolution.

In my opinion, there is a suggestion that CC Keenen’s conduct (if proven)
would justify the bringing of disciplinary proceedings. I have considered how
the OPCC came to the decisions they did regarding these complaints, but
the rationale provided did not address the criteria I have outlined. As a
result, it is my view that this complaint does not meet the local resolution
criteria. Your appeal is therefore upheld.

You also make reference to bias and conflict of interest on the part of the
AA Vera Baird. You allege Ms Baird and CC Keenen sit on a board of
trustees, but I need to point out conflict/bias is a matter for the AA to
consider.

If the AA feels there is a conflict of interest or there is a risk of bias then she
has the option of referring the complaint to the IOPC under the voluntary
referral criteria.

This is set out at paragraph 4(2) of Schedule 3 and gives the AA a
discretion to refer a complaint to the IOPC if it considers it would be
appropriate to do so by reasons of the gravity of the subject-matter of the
complaint; or any exceptional circumstances. However this is a matter for
the AA alone to decide.

The AA will need now need to consider whether the complaint meets the
mandatory or voluntary referral criteria. If it does then they must/may refer
the complaint to the IOPC for a decision on whether, pursuant to paragraph
5 of Schedule 3 to the PRA, it is necessary for the complaint to be
investigated. If it does not meet the referral criteria then the PRA requires
the appropriate authority to make arrangements for the complaint to be
investigated on its own behalf.

You should now expect Northumbria Police and Crime Commissioner to
contact you about the actions that I have asked them to take.
You are not able to appeal my decision. However, if you have any questions
or need more information about my decision please contact me. My details
are at the end of this letter.

Yours sincerely

David Roberts
Casework Manager

Independent Office for Police Conduct
Swyddfa Annibynnol Ymddygiad yr Heddlu
PO Box 473 / Blwch Post 473
Sale
M33 0BW
Direct Dial: 02920 26REDACTED
Email: [email address]

Yours faithfully,

Martin McGartland

Ends

Under FOIA 2000 I would like to know if you will now be ordering an independent investigation against your CC Winton Keenen. If not, please explain why not?

I look forward to your reply.

Yours sincerely,

Martin McGartland

Martin McGartland (Account suspended) left an annotation ()

Vera Baird (QC and PCC Northumbria) and ACC Rachel Bacon (of Northumbria Police) Cover up / Whitewash document to PROTECT Winton Keenen - Martin McGartland case

Vera Baird / ACC Bacon BOTCHED and Circumvented local resolution (LR) "investigation" to protect CC Winton Keenen - when they were both aware that LR was "not suitable for local resolution. The Vera Baird / ACC FLAWED and WHITEWASH decision was appeal to IOPC/IPCC and it was UPHELD. The IOPC/IPCC have ordered that Vera Baird investigate the complaints against Winton Keenen BUT that the investigation is carred out by an "external force" and "not" by Vera Baird, any of CC Winton Keenen's officers / force....

Click on the link to READ in full the BOTCHED Vera Baird / ACC Bacon report;
https://www.scribd.com/document/40049268...

Martin McGartland (Account suspended) left an annotation ()

Corrupt Northumbria Police (and its useless and also Corrupt Crime Department) in the news again:
"Police failings shock: Blunders see gang accused of trafficking and raping girls walk free
Northumbria Police's Operation Optic, an investigation into the sexual abuse and exploitation of vulnerable girls, has ended in embarrassing failure" Link to story; https://www.chroniclelive.co.uk/news/nor...

And yet Dame Vera Baird, the queen of self promotion and photo opportunities, is no where to be seen ...

The Story Text:

Police failings shock: Blunders see gang accused of trafficking and raping girls walk free
Northumbria Police's Operation Optic, an investigation into the sexual abuse and exploitation of vulnerable girls, has ended in embarrassing failure

Evening Chronicle - By Rob Kennedy,
18:00, 7 MAR 2019

Police failings have led to the dramatic collapse of a series of trials against a group of men accused of trafficking, grooming and raping girls in Newcastle.

A number of people were charged with extremely serious offences as part of Northumbria Police's Operation Optic, which involved allegations of vulnerable girls being sexually exploited and abused.

Reporting restrictions have meant we were unable to report anything about the cases until a series of three trials were complete.

The first trial has been taking place at Newcastle Crown Court since January but, we can now reveal, has been beset with problems and five separate juries have been sworn in to try the case.

However, it has now emerged that police failings on how evidence was recorded, secured and disclosed to defence teams left prosecutors with no alternative but to drop the case against all defendants.

As a result, all of those who were standing trial or were due to stand trial, have been acquitted of all charges and walked free.

It is estimated the police blunders will have cost taxpayers huge sums after the four-year investigation ended in embarrassing failure.

Police said they have apologised to the complainants in the case and are carrying out a review.

Chief Superintendent Scott Hall, head of Northumbria Police’s safeguarding department, said: “First and foremost, I want to acknowledge the bravery of the victims in these cases and we remain committed to ensuring they receive any support they may require.

"We have visited each to apologise for police failings which resulted in the cases not going ahead at court.

"These centred around how some evidence had been secured without meeting strict guidelines governing investigations.

"We will now conduct a review to understand how the failings occurred and it would therefore be inappropriate to comment any further at this stage.”

It is understood that, independent of the wider review, Northumbria Police's professional standards department are conducting an investigation and if any misconduct issues are identified as a result, these will be addressed appropriately.

Operation Optic came about as a result of Operation Sanctuary, for which seventeen men and one woman were jailed in 2017 for the sexual abuse and exploitation of girls and young women in Newcastle.

The case against the men who had been on trial since January collapsed on Monday but we had to wait until the charges were dropped against the other defendants before we could report what had happened.

On Monday, trial judge Robert Adams told jurors: "There has been a significant development in this court.

"The prosecution have a duty to review the case continually during the trial, against each defendant.

"In respect of counts where there is no evidence at all, you have already returned not guilty verdicts.

"In respect of the remaining counts, there was some evidence given by the complainant to you but in respect of each allegation, you may have concluded there were some problems concerning the evidence given by (the complainant).

"During last week a number of officers were cross-examined about the investigation process in relation to the recording of inquiries made, or, as the case may be, not made.

"The investigation must be transparent and must be fair.

"There must be integrity and the process must be able to stand up to scrutiny.

"Very properly, prosecutors have reviewed the case and concluded there is no reasonable prospect of a proper conviction in respect of any individual."

The judge directed the jury to find the men not guilty on all charges.

A CPS spokesperson said: “During the course of this trial, it emerged that some of the evidence in these cases had not been secured in accordance with the strict guidelines governing police investigations.

“Given the significance of the issues that came to light, there was no longer a realistic prospect of securing a conviction in each case and the Crown took the appropriate decision to formally offer no evidence against the defendants.”
The link to Story: https://www.chroniclelive.co.uk/news/nor...