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Denying the existence of evidence in order to pervert the course of justice

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Dear Independent Office for Police Conduct,

A solicitor has a duty to act with integrity and uphold the rule of law and proper administration of justice (they have not only a duty to their client).

An IOPC in-house solicitor responded to a pre-action protocol letter before action dated 26 Sept 2019 (https://tinyurl.com/yykbh6q4) spuriously stating at paragraphs 30 to 32 the following:

IOPC's response to pre-action protocol https://tinyurl.com/y64ugboq

" 14 December 2018 decision

30.

a) The investigation is not proportionate to the nature of the allegations – the allegations were serious in nature however no evidence corroborated these assertions.

b) You were wrongly convicted due to failures of Police, Court and CPS – all evidence was tested in court and numerous failed attempts to appeal to the Court, CCRC and CPS.

c) There had been collusion of the police CPS/Court in relation to failing to secure CCTV – there was no CCTV available and you failed to instruct your own solicitor.

d) You are able to prove beyond reasonable doubt the witness statements were false – the CPS and Courts did not raise any concerns about the evidence.

e) The Investigating Officer did not include all complaints which were recommended by IOPC - the IOPC only make recommendations to Humberside Police regarding which complaints to record, there is no obligation for Humberside Police to record them.

f) Your arrest was unlawful – valid reasons were provided for your arrest which were reviewed by a custody sergeant and an Inspector.

31. The decision of the IOPC not to uphold any of these complaints was lawful and reasonable for the reasons given in the appeal determination. Your allegations and theories alleging police misconduct are merely speculative and not supported by any evidence. Your complaint is, in reality an attempt to further appeal against your conviction. If you wish to challenge the safety of your conviction then the appropriate avenue is through the Criminal Cases Review Commission.

32. You present no evidence that suggests collusion or corroboration. "

REQUEST

This request focuses on sub paragraph 30(a) with consideration given to parts of paragraph 31 and paragraph 32.

PART ONE

The IOPC's solicitor spuriously states in sub-para 30(a) that there was no evidence to corroborate the allegations (including wrongful arrest, false imprisonment false witness statements, incitement to commit perjury, collusion between the police CPS and Court). This was apparently to imply that the investigation was proportionate, therefore the decision lawful, contrary to representations made that the investigation was not proportionate to the nature of the allegations.

Q1. What understanding does the IOPC's solicitor have of the purpose of a police investigation? (her decision would lead an observer to believe that she considers it disproportionate to pursue a line of enquiry unless the police already had the evidence it was looking for).

PART ONE

Despite the requirement of an investigation to be proportionate to the seriousness of the allegations (as opposed to the evidence), there was a distinct failure to consider the representations made by the proposed claimant because there was an abundance of evidence supporting the allegations (there is a small sample below).

Evidence supporting the alleged collusion between the police, CPS and Courts | Failure of the police, CPS and court to adhere to various legislation, codes of practice and guidance for example the Criminal Procedure and Investigations Act (CPIA) and CPIA Code of Practice, Attorney General's Guidelines, the Criminal Procedure Rules and Practice Directions for preparation for trial in a magistrates’ court | Failure of the Police to retain footage of a total 7 CCTV cameras covering relevant areas in respect of the day of the alleged matter | Witness statements containing completely untrue accounts

For a more comprehensive summary of the failings which were supported by evidence see paragraph 65 of the representations which form only a small element of the overall submissions that were intended to be considered in the complaint.

Proposed areas to be investigated.pdf https://tinyurl.com/yyqutzev

Q2. What category of offence does the criminal misconduct of a solicitor fall under for blatantly denying in her formal response the existence of evidence in order to pervert the course of justice?

Yours faithfully,

Susan Farrow

!Request Info, Independent Office for Police Conduct

This is an automated email please do not respond to it.

Thank you for your email.

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FOI & DPA Team

!Request Info, Independent Office for Police Conduct

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Dear Susan Farrow

We have received your request for information via the 'WhatDoTheyKnow' website.

Section 8(1)(b) of the FOIA requires that a request for information includes the real name of the requester otherwise the request is deemed invalid. Given that your request appears to have a personal context, and due to similarities in style and nature with other requests we have received recently, we have reason to suspect that 'Susan Farrow' is a pseudonym.

Before we can progress this request, and solely for the purposes of clarification, we therefore require proof of your identity so that we can be satisfied that this is in fact a legitimate request for information.

Guidance is attached that outlines the type of documents that you may provide to verify your identity. You should use a personal email address to send proof of identity and quote IOPC reference 1008018.

We would also like to direct you to the 'House Rules' page of the WhatDoTheyKnow website : https://www.whatdotheyknow.com/help/hous..., which includes advice that FOI is: " not for general correspondence with public authorities, and certainly not for correspondence about your own personal circumstances."

Once you have provided proof of your identity, we will be happy to progress your request.

Yours sincerely

FOI and DPA Team
Independent Office for Police Conduct (IOPC) PO Box 473 Sale Manchester
M33 0BW
Tel: 0300 020 0096
www.policeconduct.gov.uk
Follow us on Twitter at: @policeconduct
Find out how we handle your personal data.
We now regularly publish practical advice and guidance for handling complaints in our magazine FOCUS

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Dear !Request Info,

Thank you for your email today. This appears to be a generic response that is routinely given to any requester who raises difficult questions and consequently not an appropriate response here. Please consider the request in a way that properly recognises the public importance of it.

Yours sincerely,

Susan Farrow

!Request Info, Independent Office for Police Conduct

This is an automated email please do not respond to it.

Thank you for your email.

If you have made a request for information to the IOPC, your email and any attachments will be assessed, logged and forwarded onto the appropriate department to prepare the response.

FOI & DPA Team

!Request Info, Independent Office for Police Conduct

Dear Susan Farrow

As explained in our email, on receipt of proof of your identity, we will progress your request. We would also like to reiterate that the FOIA is not the appropriate mechanism to further correspondence about personal matters.

Yours sincerely

FOI and DPA Team
Independent Office for Police Conduct (IOPC)
PO Box 473
Sale
Manchester
M33 0BW
Tel: 0300 020 0096
www.policeconduct.gov.uk 
Follow us on Twitter at: @policeconduct
Find out how we handle your personal data.
We now regularly publish practical advice and guidance for handling complaints in our magazine FOCUS

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Susan Farrow please sign in and let everyone know.