All emails pertaining to operation BOHAN

Response to this request is long overdue. By law, under all circumstances, City of London Police should have responded by now (details). You can complain by requesting an internal review.

Dear City of London Police,

Please could you provide me with copies of all emails between police officers involved in operation bohan. I also request copies of all emails and reports, sent from city of London police to kroll and the high tech crimes forensic laboratory.
I would copies of all emails and reports sent/emailed to city of London police from
Please could you provide me with the amount in £sterling claimed and paid in Police overtime for operation bohan.

Yours faithfully,

Ian puddick 22 burford gdns London N13 4LP 07957 556943

Cc. Ed howker chan 4 dispatches
Andrew Gilligan Daily Telegraph
John Sweeny BBC Panorama
Sam Kiley Chan 4
Andrew Neil The Spectator
David Davis MP
David Burrowes MP
Roger Hayes British Constitution

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Dear Mr Puddick

REQUEST FOR INFORMATION REF: COL/10/427

I write in connection with your request for information dated 12 October 2010 which was received by the Information Access Office on 13 October 2010. I note that you seek access to the following information:

1. Information relating to Operation Bohan, including the cost of police overtime.

Your request will be dealt with by Inspector Dave Lockyear and will be considered in accordance with the provisions of the Freedom of Information Act 2000. You will receive a response within the statutory timescale of 20 working days as defined by the Act, subject to the information not being exempt or containing a reference to a third party. In some circumstances we may be unable to achieve this deadline. If this is likely you will be informed and given a revised time-scale at the earliest opportunity.

We normally provide information free of charge but there may be occasions when it would be appropriate to charge a fee where our costs are excessive. In such cases we will advice you prior to processing your request.

In some cases it may be necessary to transfer your request either in full or in part to another public authority in order to answer you request as comprehensively as possible. Again, you will be informed if this is the case.

In respect of the third sentence in your request, would you confirm the name of the person or organisation please?

Should you have any further questions regarding your request, please contact me via email, letter or telephone, quoting the reference number above.

Yours sincerely

Inspector Dave Lockyear
Information Access Manager

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Dear FOI,

Please could you confirm the following information regarding operation BOHAN.
When was my MP Mr David Burrowes informed that a dawn raid by City of London Counter Terrorist Police and Major Crimes Directorate was going ahead?
Who made the decision to inform Mr David Burrowes MP of operation Bohan raid on 12 August 2009?
Which officer declined helicopter support request for the dawn raid of operation Bohan raid on 12 August 2009?
Please name the officer that attended City of London Magistrates on 6th October 2009 (it was not DC Colin Dawson, he was on a course). The Police officer in question told the magistrates that there was NO affair between by wife and Mr Haynes, he said that it was an alleged affair and that it was vigerously denied by Mr Haynes. Please could you provide the Police officers notes on his comments.
He also called me a wanker when he walked out the court room, so I need his name for professional conduct reasons.

Yours sincerely,

Ian Puddick

Lockyear David,

2 Attachments

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Dear Mr Puddick

REQUEST FOR INFORMATION REF:* COL/10/427

I write in connection with your request for information dated 12 October
2010 and additional questions received on 14 October 2010, in which you
seek access to the following information:

1. Please could you provide me with copies of all emails between police
officers involved in operation Bohan?

2. I also request copies of all emails and reports, sent from City of
London Police to Kroll and the high tech crimes forensic laboratory.

3. I would copies of all emails and reports sent/emailed to city of
London police from

4. Please could you provide me with the amount in * sterling claimed and
paid in Police overtime for operation Bohan.

Additional questions:

5. Please could you confirm the following information regarding operation
Bohan?* When was my MP, Mr David Burrowes, informed that a dawn raid
by City of London Counter Terrorist Police and Major Crimes
Directorate was going ahead?

6. Who made the decision to inform Mr David Burrowes MP of operation
Bohan raid on 12 August 2009?

7. Which officer declined helicopter support request for the dawn raid of
operation Bohan raid on 12 August 2009?

8. Please name the officer that attended City of London Magistrates on
6th October 2009 (it was not DC Colin Dawson, he was on a course).

9. The Police officer in question told the magistrates that there was no
affair between by wife and Mr Haynes.* He said that it was an alleged
affair and that it was vigorously denied by Mr Haynes.* Please could
you provide the Police officers notes on his comments?

10. He also called me a wanker when he walked out the court room, so I
need his name for professional conduct reasons.

Questions 1 to 10

Public Authorities are subject to two duties in respect of Section 1 of
the Freedom of Information Act.* The first is to confirm whether or not
the requested information is held (subsection 1 (a)) and the second is to
disclose the information if it is (subsection 1 (b)). *Both requirements
are subject to exemptions and where exemptions are applied, section 17 of
the Act requires that we provide the applicant with a notice which a)
states that fact, b) specifies the exemption(s) in question and c) states
(if that would not otherwise be apparent) why the exemption applies.

The City of London Police can neither confirm nor deny that it holds
information relating to Operation Bohan, as the duty in section 1 (1) (a)
of the Freedom of Information Act does not apply, by virtue of the
following exemptions:

Section 30 (3) - Investigations

Section 40 (5) - Personal Information

Section 30 (3)

The duty to confirm or deny does not arise by virtue of Section 30 (3) in
relation to information which is (or if it were held by the public
authority, would be) exempt by virtue of this section.

This request implies that the City of London Police have conducted a
criminal investigation named Operation Bohan. *Any information, if held,
would be held for the purpose of an investigation as defined in Section 30
of the Act.* This is a class based exemption and it is not necessary to
demonstrate the potential for harm to occur.* It is however a qualified
exemption, subject to an assessment of the public interest and the factors
favouring confirmation or non-confirmation that the information is, or
is******* not held are listed below.

Assessment of the public interest

Factors favouring confirmation or denial that the information is held

Public Awareness and Debate - where disclosure can assist individuals by
raising awareness of issues, which may be of relevance to them.
*Confirmation or denial that any investigation has taken place would
inform the public and contribute to a more accurate public debate.

Factors not favouring confirmation or denial that the information is held

Efficient and effective conduct of the service - where the current or
future law enforcement role of the force may be compromised by the release
of information. Confirming or denying the existence of information
relating to an investigation that has not been acknowledged in the public
domain would harm any such investigation, if it exists, by disclosing a
tactical advantage.* For example, if Mr A is involved in crime and wishes
to know whether or not his criminal activities have been detected, he
submits a request for information about him or his criminal activity.* If
a force confirms that information is held, but applies exemptions, Mr A
will know that his activities have been detected and allow him to modify
his behaviour to avoid detection.* If a force confirms that no information
is held, Mr A will know that his activities have not been detected,
allowing him to continue offending.

Balancing the public interest

Whilst there is some benefit to the public in confirming or denying that
information relating to a specific investigation exists, such benefit is
considered minor, when compared to the potential harm, detailed above.* We
therefore believe that the public interest does not favour confirmation or
denial at this time.

Section 40 (5)

The duty to confirm or deny does not arise by virtue of section 40 (5)
where giving such confirmation or denial would disclose personal data, in
contravention any of the Data Protection Principles or Section 10 of the
Data Protection Act.

Any disclosure made by virtue of the Freedom of Information Act is
regarded as a public disclosure and not a disclosure to an individual.*
This request implies that the City of London Police have conducted a
criminal investigation involving named individuals and confirming to the
public domain that the information is, or is not held, would confirm that
the individuals named are, or are not involved in a criminal
investigation.* Disclosure of such personal information is likely to be
unfair and in contravention of Principle 1 of the Data Protection Act.*
This is a class-based exemption and it is not necessary to demonstrate the
potential for harm to occur.* In these circumstances, this is also an
absolute exemption which is not subject to an assessment of the public
interest.

Additional information relating to this request

Please note that Section 7 of the Data Protection Act provides a right of
access to personal data about the applicant, known as a Subject Access
Request.* Such disclosures are private and to ensure that the information
is only disclosed to the data subject, proof of identity is required.*
Such applications are additionally subject to the payment of a *10 fee.**
However, where the information requested contains third party personal
data, the Data Protection Act restricts disclosure unless the consent of
third party is provided.

If you believe that the City of London Police holds personal information
about you and you wish to make a Subject Access Request, please advise me
accordingly and I will forward an application form to you together with
additional guidance.

Question 3 appears to be incomplete and we were unable to identify the
information to which you refer.* You may wish to provide clarification,
however we would be unable to confirm or deny that the information is held
if it relates to Operation Bohan.

In respect of question 10, if you wish to make a complaint against any
City of London Police officer, may I suggest that you write to the
Director of Professional Standards at the following address:

City of London Police

PO Box 36451

182 Bishopsgate

London

EC2M 4WN

Please accept my apologies for the delay in replying to your request.*
This is a result of the requirement to consider the public interest in
respect of the exemption contained in Section 30 of the Freedom of
Information Act.

Should you have any further questions regarding your request, please
contact me via e-mail, letter or telephone, quoting the reference number
above.

Yours sincerely

Inspector Dave Lockyear

Information Access Manager

P Please consider the environment before printing my email

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