Allegations of perverting the course of Justice

The request was partially successful.

Independent Police Support Group

Dear Independent Police Complaints Commission,

Where an allegation has been made against a police officer
concerning a criminal case where the officer in the case is alleged to have concealed, witheld or suppressed relevant evidence which may have have prevented a defendant from being convicted.

What Is the standard procedure of the IPCC to deal with such a scenario and does the IPCC have guidance for dealing with such allegations.

Yours faithfully,

Independent Police Support Group

Independent Police Support Group

Dear Independent Police Complaints Commission,

Sinead McKenna an IPCC lawyer may be able to assist with this request.

Yours faithfully,

Independent Police Support Group

!FOI Requests, Independent Police Complaints Commission

Our Ref : 1002086

23rd March 2009

[FOI #31167 email]

Dear Mrs Sewell,

Re: Your request

Thank you for your email dated 20th March 2010 in which you make a
request for
information which I now confirm receipt of.

I would like to inform you that there will be a delay in responding to
your request.
The reason for this delay is because the IPCC has over recent months
seen an increase
in the number of information requests it receives and this has in effect
caused a
delay in responding to requests.

I would like to assure you that your request is being processed and once
a decision
has been finalised you will be contacted. I would like to apologies for
the delay and
hope that this does not cause you any inconvenience.

Yours sincerely

Athena Cass
Freedom of Information Team
Independent Police Complaints Commission

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Independent Police Support Group

Dear Independent Police Complaints Commission,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Independent Police Complaints Commission's handling of my FOI request 'Allegations of perverting the course of Justice'.

I would be grateful for an update regarding the delay. We have provided details of an IPCC lawyer who should be able to assist in expediting the matter.

A full history of my FOI request and all correspondence is available on the Internet at this address:
http://www.whatdotheyknow.com/request/al...

Yours faithfully,

Independent Police Support Group

Phil Johnston, Independent Police Complaints Commission

1 Attachment

Dear IPSG,
I refer to your e-mail of 20th March 2010, included below.

Please find attached to this e-mail my response to your request.

<<IPSG 1002086 - decision ltr.pdf>>

Philip Johnston
Independent Police Complaints Commission
90 High Holborn
London
WC1V 6BH

Direct Line: 0207 166 3063
Fax: 0207 166 3363
E mail for IPCC FoI Unit: [IPCC request email]

From: Independent Police Support Group
<mailto:[FOI #31167 email]>
To: !FOI Requests <mailto:!FOI Requests[EX:/O=IPCC/OU=FIRST
ADMINISTRATIVE GROUP/CN=RECIPIENTS/CN=FOI]>
Cc:
Sent: 20/03/2010 at 11:32
Received: 20/03/2010 at 11:32
Subject: New FOI Request - Freedom of Information request -
Allegations of perverting the course of Justice

Dear Independent Police Complaints Commission,

Where an allegation has been made against a police officer
concerning a criminal case where the officer in the case is alleged
to have concealed, witheld or suppressed relevant evidence which
may have have prevented a defendant from being convicted.

What Is the standard procedure of the IPCC to deal with such a
scenario and does the IPCC have guidance for dealing with such
allegations.

Yours faithfully,

Independent Police Support Group

show quoted sections

Independent Police Support Group

Dear Phil Johnston,

Thank you for your response, We would be grateful if you could pass on our request for an FOI appeal.

We do not accept that this information is subject to legal privilege and if it is; it should be released in the public interest as the question effectively asks how the IPCC deals with allegations of a criminal and misconduct nature made against police officers which may have resulted in a miscarriage of justice.

This is a situation which no doubt has been raised in the past with the IPCC by either members of the public or by police officers themselves.

Yours sincerely,

Independent Police Support Group

Theresa Reid, Independent Police Complaints Commission

1 Attachment

Please find attached letter to the Indpendent Police Support Group from
Amanda Kelly, Director of Corporate and Legal Services, IPCC

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Independent Police Support Group

Dear Theresa Reid,

Thank you for your response however; this does not assist with regards to transparency or the perception that the IPCC is independent.

A scenario has been provided where a police officer has effectively committed a criminal offence which may have been a contributing factor in a miscarriage of justice.

The matter is reported to the IPCC and we are being asked to accept that there is no standard procedure for dealing with this.

Common sense dictates that efforts should be made to secure and preserve evidence of the wrong doing alleged expeditiously.

The IPCC appears to be selective as to which cases it wishes to investigate concentrating on those that are high profile and likely to provide positive publicity.

We will review your previous response as to whether or not there is any merit in pursuing this matter in this forum.

Yours sincerely,

Independent Police Support Group

Philip Reynolds left an annotation ()

It is ridiculous that the IPCC have no procedure for dealing with this sort of scenario.

Malcolm Lidbury left an annotation ()

My experience of the IPCC is entirely a negative one in that they are complicit in aiding the corrupt & dishonest constabulary to cover up police corruption & criminality by looking the other way, failing to examine evidence, failing to interview witnesses, igonoring the existence of evidence documentation.

Below OPEN LETTER to Mr A Hogg Devon & Cornwall Police new Crime Commissioner.

NB: Please note both the Prime Minister Office & Home Office DID respond, reffering me to the IPCC. My Mp Andrew George did diddly-squat as usual, theres £65,000 a year the tax payers could be saved for all the good my Mp does.

The IPCC buck passed the complaint to the Devon & Cornwall Police Professional Standards Unit for usual burial of a complaint, as has been my experience of police complaints & the corrupt way in which they are handled.

OPEN LETTER

Dear Mr Anthony Hogg; PCC Devon & Cornwall Constabulary

Congratulations on being elected Police & Crime Commissioner for Devon & Cornwall. I note your stated aim is to improve police service & attempt to improve public respect of police. But respect is earned, not a right simply because of being arrogant through the power to threaten, discriminate, & intimidate with impunity, hiding behind a police uniform & warrant card.

I write to you as a VICTIM OF CRIME reported in Cornwall:-
• Theft from my home
• Attacks upon my home
• Violent assault (TWICE)
• Intimidation as a witness
• My subjected to internet hate crime
• My victim of an attempted extortion
• My vehicles smashed up on my own property
• Subjected to DEATH THREATS & threats of physical violence
• Subjected to later ADMITTED by police false allegation (TWICE)
• Myself, & 80yr old mother, her tenants subjected to threats & abuse by POLICE officers

It is not just discrimination to racial minorities UK police practise as routine police procedure. Cornwall Police actively by their conduct have aided in instigating and/or encouraging many of the crimes against my family, my mothers’ tenants, friends, but primarily against me as a ‘gay man’.

Reports commissioned by government into policing attitudes towards gay persons in the UK, including Stephen Lawrence McPherson Report 1999, conclude HOMOPHOBIA rife within the police. Yet a blind eye repeatedly turned at every level when that police homophobia is reported. Cornwall Police choose to ignore crimes reported & then ignore complaints about police due to their discriminatory & dishonest police officers being complicit in further compounding of some offences.

As result of police misconduct following two separate police arrests 2004/2007 later admitted as false allegations made against me, but lead directly to two separate attempted suicides by me. This resulting in my being medically diagnosed with severe ‘Catastrophic Trauma’ leaving me all but housebound. My businesses completely destroyed as consequence of police misconduct. I survive on incapacity benefit & live every single day in genuine fear of yet further homophobic Cornwall police vendetta hate reprisals. NB: Cornwall already has amongst highest gay suicide rates per head of UK population.

I have personally witnessed Cornwall Police:-
• Police Commit Perjury
• Police Failure of duty of care
• Police Suppression of evidence,
• Police Intimidation of witnesses,
• Police Homophobic discrimination
• Police Instigated Hate Crime against gay persons
• …and more, to which I would testify to in a court of law

All these police incidents reported, but evidence ignored, witnesses ignored, evidence suppressed. It takes courage to make complaint against police; I have experienced 1st hand the police reprisals & police vendetta that DO follow from making complaint against police.

As an out gay man since 1989 I have visibly & actively campaigned for over 20yrs for gay equality, previously acknowledged for my gay equality & HIV/AIDS awareness achievements. In 2004 I took part in a Criminal Justice Board forum into ‘policing of the gay community’. Also I contributed as witness to enquiry into institutional UK Human Rights abuses, thanked for my contribution by Dame Nuala O'Loan DBE, chair of British Equality & Human Rights Commission. I also was invited as a witness in government audit office enquiry into effectiveness of the IPCC. I know from personal bitter, experience of Cornwall police corruption, criminality & prejudice IPCC totally ineffectual & utterly untrustworthy; not fit for purpose. IPCC just hand most complaints back to police force concerned… for police to bury & cover up! Devon & Cornwall Police Professional Standards Unit routinely ignore complaints about police officers… Cornwall Police Professional Standards Unit NOT FIT FOR PURPOSE, unless the intent of purpose is to cover up police dishonesty & criminality.

UK Police seldom held accountable for their crimes, abuse of power, corruption, and dishonesty, as carried out by police & further lies by senior police to cover up that police criminality & misconduct:-
• Police lies in Birmingham Six cover up
• Police lies in Hillsbourgh disaster cover up
• Police lies in N.O.W Leveson enquiry bribes
• Police failing in Jimmy Saville investigations cover up
• Police assault on Mark Aspinall, Afghan military war hero
• Police execution of Charles de Menezes initial police lies & cover up
• Police beating of Ian Tomlinson unlawful killing & police lies in cover up
• Police failing in the Welsh Children’s Homes Sex Abuse scandals cover up
• Police shooting of Mark Duggan, which ignited spark of the nationwide 2011 city riots
• …and many hundreds of very questionable & dubious deaths in police custody, police shootings & deaths caused in police RTI’s in the UK since 2000 (see INQUEST org reports)

The above known list is merely ‘tip of the iceberg’ of hundreds, if not thousands of commonplace abuses of power & criminality committed by police in the UK. The UK police seemingly are unaccountable, above the law, police even unlawfully killing with impunity. In your position as PCC please prioritise to have police criminality, police corruption & police abuse of power investigated properly & not covered up as is current practise of ‘one rule for police’, another for UK resident victims & families of police crimes & abuses. Police just do not deserve either respect or public trust.

As PCC please act to bring to policing complaint process some honesty & integrity currently entirely absent from police self-serving process. The complaint process additionally flawed as senior police officers seem to take no responsibility for their abysmal failure of their command, even when UK residents unlawfully killed by police. (ex. Charles de Menezes, Ian Tomlinson, Richard O'Brien, etc. etc.)

The Prime Minster, Mr David Cameron in a recent controversial ITV television interview recently raised the spectre of gay witch-hunts, but homophobes of Cornwall police conducting a gay witch-hunt for years! Since I came out as a gay man in 1989 I have not been charged, prosecuted or convicted of any criminal offence in a court of law, However as a public critic of police criminality & homophobia since 2004 I have been repeatedly victimised & targeted by Devon & Cornwall Constabulary in a police homophobic motivated relentlessly anti-gay witch hunt.

I give permission for you to view the 6hr video witness statement held by Cornwall police that I gave in 2010 regarding misconduct of numerous Cornwall police officers. That video statement buried by corrupt Devon & Cornwall senior police officers covering up police dishonesty & criminality.

Even though promised a copy by a police inspector when over two days in February & March 2010 I gave emotionally highly distressing & traumatising witness statement about police multiple misconduct & criminality, I was refused access via a Freedom of Information Act request to the video.

Its not just in Jimmy Saville & Welsh Care homes cases
corrupt police routinely suppress child sex abuse witness statements!!!

Prime Minster David Cameron recently advocated historic childhood sexual abuse should be reported.

Well I have reported, repeatedly, along with multiple other police misconduct & police criminality.

My video statement Feb/Mch 2010 contains in part my reporting my child sexual abuse when I was 6 or 7 years old up until I was about 10-ish by a paedophile ring. The abuse carried out by a known teacher, clergy & his POLICE mates. The video statement & incidents buried by complicit IPCC, IAG, CID, COG, CIOS Diversity, & senior police officers of Devon & Cornwall Constabulary.

My video statement provided to a police inspector in March 2010, but the video buried by Devon & Cornwall Constabulary & a participating police appointed advisor, (NB: A police advisor who has since participated in an online hate campaign against me as I am a witness who blew the whistle & provided information to a £1million tax fraud case now going to court. Evidence & witnesses of the police advisor hate campaign against me also now submitted to yet another court)!

The years of sexual abuse & male rape I experienced when I was a child NOTHING compared to EMOTIONAL RAPE & TRAUMA I have experienced caused & repeatedly carried out by police officers of the vile homophobic Devon & Cornwall Constabulary year-on-year since 2004.

Members of the public can report until blue-in-the face police intimidation, police dishonesty, police criminality, police corruption, & police discrimination, but are simply ignored & brushed aside by complacent authorities, complicit senior police officers & police sycophants, simply because police can through obstructive misfeasance & intimidation cover up their police misconduct & criminality.

Mr Hogg, being x-navy you may recognise; - ‘Homosexuality, it may be legal, but it’s still not allowed’, a navy term gay friends of mine formerly at RNAS Culdrose were very familiar with and is very much still the type of homophobic mentality doctrine & mantra as practised by Cornwall police.

I now have no respect or trust in any police officer from this vile & corrupt Devon & Cornwall Constabulary. I would like to know through courtesy of a reply your intent as PCC regarding my now reported to you experience of Devon & Cornwall Constabulary. It would be genuinely refreshing to me as victim of multiple crimes & homophobia if someone, connected with Devon & Cornwall police actually acted with even a modicum of honesty & integrity … just for a change.

Yours sincerely

Malcolm Lidbury
CC:-A Hogg; PCC
D Cameron; Prime Minister
A George, Mp for Helston
COG & Chief Constable Devon & Cornwall Police
IPCC
..and others

NB: This letter sent in Nov 2012 to the PCC. Still no reply to date. Meanwhile IPCC continues to look the other way regarding complaints against the police.

The IPCC simply is not fit for purpose in protecting the public from the incidents of widespread & commonplace police dishonesty, criminality & corruption as is routinely protected within the Constabulary.

Freddy Crabbe left an annotation ()

I am not surprised by this.

I suggest that all and any members of the public (including police officers or anybody else employed within public administration such as the ministry of justice or court services with the knowledge desire and courage to do so should not accept 'Official' replies to reasonable requests for release of information about all matters to do with the proper administration of justice that rightfully should be in the public domain.

There is no justification for withholding it.

I quote in support of that the words of the now retired Archbishop of Canterbury Rowan Williams who said when addressing the Media:

Public Interest and Common Good:

In a lecture delivered at Lambeth Palace Wednesday 15 June 2005)

saying;

'Hiding something is in the interest of a particular person or party, giving them unfair advantage.

Uncovering these facts restores a balance, even conveys a power. So revelation in the public interest ought to be the same as working for the common good'

Might I suggest;

If the public is to benefit from the Freedom of Information Act as I firmly believe was the intention of its drafts men the public cannot rely on such bodies as HMIC, IPCC and now Police and Crime Commissioners (P&CC) to act on their behalf in the fair and proper administration of justice.

Members of the public will be obliged to act for themselves.

They cannot rely on a corrupt system to protect them from the burgeoning abuses of power process and procedures that are increasingly prevalent in every level of society including in the Church of England.

My experience is that elected representatives rarely if ever serve the public good and those appointed by the current administration to serve in purported Independent specialist bodies such as HMIC and IPCC cannot be trusted to be independent, recruited as they are from the very ranks of those they purportedly monitor supervise inspect assess guide or direct.

In my experience I have found HMIC denies it has any authority over what Chief Constables (CC)decide in the name of 'Operational Control' I believe HMIC can have no purpose save conducting charades while being generously remunerated for going through the motions of Inspecting standards of policing.

What is the point of that if as the Home Office and Theresa May the minister has assured me 'Nobody has the authority' to interfere in the operational decisions of Chief Constables'. That gives CCs the right to ignore whatever HMIC reports as I believe at least some of the records will show they have.

Does that not mean that a CC even has the power to commission crimes then call them 'Operations' with impunity risking no requirement to answer to any authority for their actions whatever they might be? Absolute power such as CCs apparently have leads to absolute corruption which I have myself witnessed and heard reports of.

I have direct experience of that which I have attempted to have justly dealt with but so far have failed. HMIC denies any responsibility for inspecting the newly appointed Police and Crime Commissioners (P&CC s).

The Home Office and Minister Theresa May declare that 'Nobody has the power to interfere with operational decisions of Chief Constables'

The P&CC for Hampshire Simon Hayes has refused to respond to my requests for a meeting to discuss my concerns that I have about a miscarriage of and perversion of the course of justice in Hampshire which is the result of crimes committed against an innocent man who was unlawfully evicted from his home aided and abetted by two police officers under the Command and Control of CC of Hampshire Paul Kernaghan to whom I made a written report in a letter hand delivered by me to his office where he was at the time the day afterwards that he took no action on. Not even asking me to confirm my report which could easily have been done.

Instead as a member of Hampshire Police Authority (HPA) to which I had also made a complaint as well as to the IPCC he unbelievably arranged for the IPCC at the request of HPA to absolve him from any responsibility for conduct of officers under his command and control.

He then directed that my complaint which in fact was against him as the Chief Constable who had shirked his duty as a Constable to act on my report of criminal actions against an innocent man with the support of two of his police officers to be referred to Hampshire Constabulary Professional standards department (PSD) without ordering investigation of the crimes I reported.

I asked HMIC for advice. They declared they have no power.

I have attempted to interest MP George Hollingbery who does nothing effective. It is clear to me civil administration is a device for protecting politicians from being answerable for their actions or lack of them.

There is a great deal of inbuilt friction preventing the public from obtaining information as speedily as they should be able to.

The Freedom of information act is a very powerful tool placed into the hands of all those seeking justice but if those who are administering it are not impartial to the extent of being corrupt under the direction and control of the very institutes and bodies the public seeks to question, how can it presume to be in a position to judge what the public interest is?

I suggest that what is required is an absolutely neutral body of men and women from all walks of life guided by common sense. Lawyers would argue that is wrong because the common man and women are not 'qualified' That is an argument for closed shops and excluding the men and women on the Clapham Omnibus from having any say in the administration of justice. If they are good enough to reach verdicts in courts of law they are good enough to do the job HMIC shirks.

To summarise I have taken all possible reasonable steps to assist a man denied justice who has been the victim of deception and fraud by two people he innocently trusted who sent thugs round to the house he had renovated to threaten him with violence if he did not vacate it which he reported to Southampton Police, gave a statement, assured of protection should it happen again was then days later the victim of a breaking and entry into the same home aided and abetted by two police officers who not only were either ignorant of the law or were knowing participants in crime perhaps because they lacked the courage to do their duty to arrest those engaged in crime. .

The Crime Prosecution Service (CPS) colluded with Hampshire Constabulary (HC) to declare that there was insufficient evidence to justify a prosecution when no investigation had taken place. There was no need to investigate the police were observers on the spot at the time.

The CPS concluded as did HCPSd that this was not a police matter but a civil dispute. There could be no clearer case of perversion of the course of justice but how does the innocent victim of it find justice?

The HOME office, the minister, HMIC, IPCC, have all evaded the issues. When I asked the IPCC what right I had to appeal from its decision the answer was 'You can go to the High Court' That is the way that corruption is generated. Justice is only for those who can pay the exorbitant price of it which the CPS and police avoid by declaring 'It is not a police but a civil matter' Breaking and entry with illegal eviction was the crime as well as theft of property and threatening language in the presence of police officers. How could the police and CPS agree that there was insufficient evidence save by perverting the course of justice?

Judicious use of FOI Act by determined members of the public using that tool like a rapier could result in a just outcome if it were to be used in a co-ordinated carefully targeted fashion. Even then there is a provision for refusing to answer on grounds of cost. I find there is no access to justice for less privileged members of society who are most in need of it.

I do not believe that HMIC was conceived to be useless but that it has been brought to that state by internal sabotage of disreputable members of a once honourable profession that is being seen for what it has become riddled with corruption and plotting against members of parliament who have been seen to be quite capable of corruption. We cannot even rely on newly elected Police and Crime Commissioners to clean the stables.

The public interest disclosure act (PIDA) was drafted to protect those with knowledge of misconduct of those in public office who reported it but so deep is the mire that such people are obliged to be treading in to be making a report under the so called 'whistle blower's charter' They run the risk of becoming the victims of revenge attacks from those they are reporting. I have seen evidence of it. Are there any honest trustworthy people in positions of authority and power in public offices with the morale courage to take on and deal with the monster that is there to be seen?

I suggest lots of small specific assaults on corruption in public administration are more likely to succeed than a major frontal assault. An honest independent arbiter it seems is beyond reach it seems unless the fraud squad has the right to roam?

Are there any readers who are able to give this a little push in the right direction? I shall renew my search for answers from the IPCC very soon. There are I am sure many good people within it but who is going to risk security by acting on behalf of justice? In law nobody can be fairly dismissed for exercising their statutory right to in this case report perversion of the course of justice.

Jean James left an annotation ()

Complain, now, to the Information Commissioner.

casework@ico.gsi.gov.uk

They must not be allowed to get away with this.

Wendy Wilson left an annotation ()

None of this surprises me, and compounds my view that the IPCC (like certain Police Officers who they continue to protect) are complicit in covering each other's backsides. I am unsure why they are allowed to be Freemasons when their Oath states:

You must conceal all the crimes of your brother Masons, except murder and treason, and these only at your own option, and should you be summoned as a witness against a brother Mason be always sure to shield hm. Prevaricate (falsify), don’t tell the whole truth in his case, keep his secrets, forget the most important points. It may be perjury to do this, it is true, but you’re keeping your obligations, and remember if you live up to your obligation strictly, you’ll be free from sin” Edmond Ronayne, “Masonic Handbook,” page 183.

Doesn't this sort of say it all?

If the ordinary man or woman in the street deliberately concealed crimes, wouldn't they be accused of perverting the course of justice?

One rule for them and another entirely different one for us (dare I say it) 'Plebs!

Wendy Wilson left an annotation ()

PS

The Information Commissioner will not do anything either because they are all part of the same Gov.uk club in which the IPCC also falls.

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