Jon Boutcher Aka Operation Kenova complaints by Martin McGartland - PCC Holloway OPCC application to IPCC / IOPC to disapply the need to investigate ...

Martin McGartland (Account suspended) made this Freedom of Information request to Bedfordshire Police and Crime Commissioner

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

The request was refused by Bedfordshire Police and Crime Commissioner.

Martin McGartland (Account suspended)

Martin McGartland

06 April 2020

Dear PCC Holloway,

This FOI request relates to a number of complaint s  made  by Martin McGartland against CC Jon Boutcher (Aka Operation Kenova)(in May last year (2019) and which which have been recorded yy you / your office but never investigated.

Since May 2019 you, your office have been writing to police forces around the UK asking them if they would to take on an investigation of those complaints against Jon Boutcher.  It has been claimed by your office that none of those police forces (around 30 forces) have refused to take on the 'investigation' 

11 months after you, your office recorded those complaints and on 03 April 2020 you wrote to Martin McGartland as follows;

Dear Mr McGartland

 Further to our previous correspondence, we can provide the following 28 day update.

 I would like to inform you that the Office of the Police and Crime Commissioner has submitted the application to disapply the need to investigate your complaint recorded under reference CO/193/19 against Chief Constable Boutcher.

 Please be advised that having consulted the statutory guidance there is no requirement for us to provide you with a copy of our application however we are obliged to inform you it has been submitted.

 If you have any further queries you should direct them to the IOPC, as we will take no further action with this complaint, unless directed by them to do so.

 Kind regards

 Office of the Police and Crime Commissioner

On 30 July 2019 you - PCC Holloway - wrote a tweet on your personal twitter account ((@KHollowayPCC) as follows:  "A final farewell today(on his last day) to my professional colleague and now personal friend, an outstanding  Chief Constable, Jon Boutcher. Wherever he is, he's always going to stand up publicly for @bedspolice I can assure you. Good luck in all you do."    Martin McGartland has expressed his concerns regarding a conflict on the part of PCC Holloway so far as her involvement in his complaints (the 'investigation') against Jon Boutcher (you 'personal friend').  Have you, PCC Holloway, recorded and or recorded - as you would be required to - any conflict on your part concerning the Jon Boutcher complaints, the 'investigation' of those complaints by you, your office?  If so, p[lease disclose a copy of that under FOIA.  If you have not, please explain why not?

Given - as above - you, your office have now confirmed that you have made submitted an application to IPCC / IOPC; "...to disapply the need to investigate your complaint recorded under reference CO/193/19 against Chief Constable Boutcher...." I am requesting under freedom of information act that you, your office disclose the complete application which you / OPCC Bedfordshire have submitted to the IPCC / IOPC including all supporting documents, the evidence as well as the required and completed disapplication forms.  Martin McGartland has been constantly complaining to your, your office and staff during the past 11 months about his concerns that his complaints against Jon Boutcher (copied and pasted fyi below) have been delayed and obstructed tp protect Jon Boutcher from 'investigation'.

I trust that you, your office will now act completely transparently and disclose - and in full - your / OPCC's Bedfordshires complete disapplication.  Martin McGartland is very clear that you, your staff / office are attempting to cover up information, evidence and documents relating to this case (Jon Boutcher) and the disappliction.  I note in your / IPCC above email you claim (incorrectly) that;   "Please be advised that having consulted the statutory guidance there is no requirement for us to provide you with a copy of our application however we are obliged to inform you it has been submitted."   The IPCC / IOPC FOCUS disapplication guidance states that a copy of the disapplaction must be sent to the complainant  at the same time it is sent to the IPCC / IOPC.  You your office have refused all requests by Martin McGartland for a copy of your disapplication, the supporting evidence and documents. Needed so that he can understand your, OPCC's reasons, rationale for the disapplication. And so that he can have the right of reply and also so that representations  on those can be made to the IPCC/IOPC.

As well as the above I am also requesting;

1. A copy of PCC / OPCC's  application, the complete document (as sent - to be disclosed to IOPC/IPCC);

2. All evidence that PCC / OPCC rely on (and that sent to IOPC/IPCC) in support of their stance that the complaints against Jon Boutcher.

Please would you disclose copies of original documents.

I would also like to place on the record that I  (Martin McGartland) fully consent - this FOI request being my consent - for all information (including my personal information - that which relates to this matter, the / my Jon Boutcher complaints / the disapplication) to be disclosed by PCC / OPCC  , and to disclose such information (with my full consent) to the wider world (an on this WDTK platform). That would include information which is connected to this request, the complaints against Jon Boutcher and also the PCC / OPCC disapplication, the evidence / supporting information that relate to it.

In regards to my above consent (and to assist you in dealing with this request) I will reply of the (below link) First-Tier Tribunal appeal decision - which is relevant to this request , see here;  https://www.doughtystreet.co.uk/sites/de...

And I also rely on the arguments I have made (regards similar FOIA) as well as the other case/s) detailed in those (which I also rely on in full )regards this FOI request, see here:  https://www.doughtystreet.co.uk/sites/de...

I look forward to your reply.

Yours faithfully,

Martin McGartland

Martin McGartland conduct complaints against Jon Boutcher:

Martin McGartland

03 May 2019

Complaint about the conduct of CC Jon Boutcher

Dear Ms Holloway,

I am writing to you to make a complaint against CC Jon Boutcher.  The reason for this is due to his reneging on promises and assurances that he made to me concerning a review of my attempted murder case which was being investigated by Northumbria Police (NP).  I met Jon Boutcher in September / October 2017 concerning his operation Kenova enquiry.  As a result, I requested if he would consider conducting a review of my attempted murder, which he accepted.  

Around the same time, I met Jon Boutcher (for the second time), as well as his T/ACC Paul Fullwood at Bedfordshire HQ.   Jon Boutcher had tasked Paul Fullwood to select officers to conduct the said review and informed me that Mr Fullwood would be my means of contact given Mr Boutcher was busy with other force and Kenova work.

At the second meeting with CC Boutcher, he personally assured and promised me that he would disclose a copy of his review teams findings and the report.  He also assured me that any identified wrongdoing, misconduct and or criminal offences by former or present NP officers or any other agencies or agents would be acted upon and would be reported to the relevant authorities and taken forward (i.e IOPC, CPS etc) and done so without fear or favour.

During my contact with Paul Fullwood (who I understand you are not able to investigate but who I only mention for background), he repeated those same assurances to me many times and in emails as well as during telephone conversations.  Rather than bombarding you with lots of documents and information, I want to place on the record that there are numerous emails between myself, Jon Boutcher and Paul Fullwood which will corroborate the above.  I am aware that you will, if required, have access to those.  Obviously, I also have copies of those if they are required.

Around January / February 2018 (or thereabouts) CC Boutcher and Paul Fullwood were passed a copy of the review teams draft report and around that time and up until the present day, CC Boutcher's attitude changed completely whereby my being supplied with a copy of the review report (as he had previously and continually assured and promised me) changed to my being supplied with a redacted copy of the review report but he stated that there would not be many redactions and those that were would be only relating to damage or harm that could be caused to the ongoing investigation into my attempted murder.

That then changed to CC Boutcher informing me that he had recommended in his report that the redacted copy that he prepared to be disclosed to me should be disclosed to me by NP.  Then most recently and up to 6 months after CC Boutcher disclosed his report and findings to NP, I was informed by him that he was seeking legal advice concerning the report and also the disclosure of it to me.  I have never been informed of the outcome of that legal advice (which I have said was circumvented, as well as above) nor is CC Boutcher responding to any of my recent emails.  He has tasked his head of legal to write to me without giving me any explanation as to the above.

It has been around 20 months since I met CC Boutcher and T/ACC Fullwood and during that period I have been very anxiously waiting for their findings only to be completely let down and being subjected to lengthy delay which has resulted in broken and reneged promises and what I am clear is a wilful act by CC Boutcher to cover up his / the review team findings.

I am complaining for the following reasons:

1.  That CC Boutcher reneged on all promises and assurances he gave to me at meeting regarding disclosure of the review report and findings as well as later the failure to disclose copy of the redacted report.  And also his failure to disclose details of review teams findings concerning the review of my attempted murder investigation by NP.

2.   I have reason to believe that Jon Boutcher was made aware as a result of the review teams findings and or from the report that former and or present NP officers had been involved in wrongdoing as well as potentially criminal offences (and at least serious gross misconduct) due to a catalogue of failures, omissions, inactions and or actions by those officers.  The same, I believe, is the case concerning other agencies and or agents but Jon Boutcher has refused / failed as required under code of ethics etc to report, challenge or investigate those (as he promised and assured me he would do).

The same would include, but are not limited to, examples of NP protecting persons of interest / suspect/s in my unsolved attempted murder from arrest and justice and I have reason to believe that they did so for up to 10 years or longer.  The wiful failure by NP to undertake and or act on outstanding lines of enquiry / investigation which I understand they failed to do and are continuing to fail to pursue for up to and in excess of 10 years.  The delaying of arrests by months or even years of individuals of the 5 person/s who have previously been arrested but have been released without charge.  I have also reason to believe that NP and at least one of the SIO's in my attempted murder case deliberately misled government minister/s who in turn misled MP's and public in House of Commons as a result of information supplied by NP,  the covering up of ballistics and forensic tests and examinations of the gun that was used in my attempted murder, as well as a second handgun and also ammunition which I understand were also identified as being connected to at least 2 other murders as well as shootings and punishment attacks by terrorists in Northern Ireland but which NP had covered up between my June 1999 shooting and the date of the Boutcher review (and would have continued to do so if not for external review).   The above are merely just some examples and I believe there are many others.

3.  That Jon Boutcher has failed to act against Special Branch, MI5 and or Home Office and Government interference and obstruction in my unsolved attempted murder and the police investigation of it and that would include their wilfully omitting, withholding information concerning my attempted murder from police officers as well as information and also intelligence about the identity of person/s as well as suspects identified as having been involved in my attempted murder.  I suspect this may well have been as a result of Special Branch, MI5 ... protecting informants.  I also suspect that this might well be because individual/s involved in my attempted murder were before the attempt on my life, were informants or agents of the State or they were recruited after the attempt on my life and this resulted in individuals being protected from arrest and justice. 

4.  That CC Boutcher as a result of his review, had established that NP had been aware within days of my June 1999 shooting that the attempt on my life had been carried out by terrorists but that they covered it up (including from me as the victim) during the previous 20 years which they continue to cover up as they have still not admitted same to me or public.  And that NP did so during a time when they were maliciously and very deliberately leaking smears to the press in which they linked me and my shooting to drugs and feuding drugs gangs.  That CC Boutcher, as result of his review findings, had also established that NP, its officers had made to attempt to put the record straight at any stage during the past 20 years (even up to the present day).   

The above, without doubt - CC Boutcher will be aware of same - will have caused damage (which I said NP intended)  to the investigation into my attempted murder.  As a result, the public (due to NP drugs claims) were lead to believe that my shooting was a local, a criminal matter and was not terrorist attact / connected to IRA.  

The was done, I am clear by NP, to cover up and protect PIRA involvement in my attempted murder.  I also have reason to believe that the Boutcher review will have identified Special Branch,  MI5 and or British government interference or influence in this. And my complaint also is that CC Boutcher, despite all his promises and assurances, has not taken any type of action regards this, any of above allegations. 

An additional matter which I am complaining about also relates to the meeting between myself, CC Boutcher and T/ACC Fullwood in which CC Boutcher asked me for highly sensitive information concerning my present home address as well as my present new identity.  He did so because he stated to me that he was concerned about a threat that the local police (who you will appreciate I cannot name for security reasons) had informed me of only weeks previously.  The police arrived at my house to inform me of a threat to my life which I believe originated from the IRA.  As a result of this and because CC Boutcher asked for those details, I very foolishly (which I will forever regret) disclosed those to him.  He stated to me that they were needed so that he could make some enquiries about the said threat.

I have never in my life shared such information with anyone regards my present location and new identity previous to that and I never would do so but that information  was supplied to CC Boutcher for that purpose only and for no other and he nor T/ACC Fullwood had my consent to use it for any other purpose nor to share it with any others (including with Kenova, on PNC, on any Bedfordshire, Hertfordshire or Cambridgeshire systems or with any other third parties.

My complaint regarding this issue is:

5.  That CC Boutcher has been asked to confirm that that highly sensitive information has not been shared with any other person/s, third parties and or organisations and that it has not been added to any police systems local or national (and more importantly, not cross referenced with my birth name of Martin McGartland) and that it has not been shared with operation Kenova or any others.  I also requested confirmation that those details be permanently destroyed in a format whereby they can never be recovered.  However, CC Boutcher has ignored my emails, he has failed to respond to above and this is causing me a great deal of additional worry and distress (on top of my ongoing and permanent symptoms).

As a result, I am complaining that I believe that CC Boutcher has shared that highly sensitive information with others (including with some of the above) without my consent and in doing so could well be placing me in potential danger both now and right into the future if that information were to fall into the wrong hands.  I repeat that that information was requested from me by CC Boutcher for the above reason only and I only supplied it to him for that reason which I made known at the time when he asked Paul Fullwood to record the details on a piece of paper.   I did not give my consent for those details to be used for any other purpose and never would.

I look forward to hearing from you concerning this matter and would be much obliged if you could deal with it by email only.

Yours sincerely,

Martin McGartland

Police and Crime Commissioner, Bedfordshire Police and Crime Commissioner

1 Attachment

Thank you for your email.

 

A member of my staff will look into the issues you have raised and will
respond within 10 working days.

 

Kind regards

 

Kathryn Holloway

Police & Crime Commissioner for Bedfordshire

[1]cid:image001.png@01D1D913.38D9AA10

 

Tel: 01234 842064

 

 

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BEAUMONT, Katie 6973, Bedfordshire Police and Crime Commissioner

1 Attachment

 

Dear Mr McGartland

 

Thank you for the below email.

 

REQUEST UNDER THE FREEDOM OF INFORMATION ACT 2000        

 

We write in connection with your request for information received on 06
April 2020 and note that you seek access to the following information:

 

 1. Martin McGartland has expressed his concerns regarding a conflict on
the part of PCC Holloway so far as her involvement in his complaints
(the 'investigation') against Jon Boutcher (you 'personal friend'). 
Have you, PCC Holloway, recorded and or recorded - as you would be
required to - any conflict on your part concerning the Jon Boutcher
complaints, the 'investigation' of those complaints by you, your
office?  If so, please disclose a copy of that under FOIA.  If you
have not, please explain why not?

 

 2. I am requesting under freedom of information act that you, your office
disclose the complete application which you / OPCC Bedfordshire have
submitted to the IPCC / IOPC including all supporting documents, the
evidence as well as the required and completed disapplication forms. 
Martin McGartland has been constantly complaining to your, your office
and staff during the past 11 months about his concerns that his
complaints against Jon Boutcher (copied and pasted fyi below) have
been delayed and obstructed tp protect Jon Boutcher from
'investigation'.

I trust that you, your office will now act completely transparently
and disclose - and in full - your / OPCC's Bedfordshires complete
disapplication.  Martin McGartland is very clear that you, your staff
/ office are attempting to cover up information, evidence and
documents relating to this case (Jon Boutcher) and the
disapplication.  I note in your / IPCC above email you claim
(incorrectly) that;   "Please be advised that having consulted the
statutory guidance there is no requirement for us to provide you with
a copy of our application however we are obliged to inform you it has
been submitted."   The IPCC / IOPC FOCUS disapplication guidance
states that a copy of the disapplaction must be sent to the
complainant  at the same time it is sent to the IPCC / IOPC.  You your
office have refused all requests by Martin McGartland for a copy of
your disapplication, the supporting evidence and documents. Needed so
that he can understand your, OPCC's reasons, rationale for the
disapplication. And so that he can have the right of reply and also so
that representations  on those can be made to the IPCC/IOPC.

As well as the above I am also requesting;

1. A copy of PCC / OPCC's  application, the complete document (as sent
- to be disclosed to IOPC/IPCC);

2. All evidence that PCC / OPCC rely on (and that sent to IOPC/IPCC)
in support of their stance that the complaints against Jon Boutcher.

 

We are required by the Freedom of Information Act 2000 (The Act) to handle
all requests in a manner that is blind to the identity of the requestor. 
Any information released in response to a request is regarded as being
published and therefore, in the public domain without caveat.

 

With reference to your recent enquiry and in response to your question, we
can confirm the following:

 

Response :

 

 1. The Police and Crime Commissioner has not declared a conflict of
interests with holding the Chief Constable Boutcher to account. Within
the role of the Police and Crime Commissioner, it is her duty to hold
the Chief Constable to account and hold an independent view in
reviewing all Chief Constable complaints. However as explained to you
previously the Police and Crime Commissioner delegates the function of
Chief Constable Complaints to her Chief of Staff Clare Kelly and I
would like to reiterate again, as previously explained that the Police
and Crime Commissioner has not has any involvement in your complaints
or any decisions surrounding this, as she delegates this function to
Clare Kelly.

 

 2. You have made this request for documentation through many different
avenues and this has been responded to today (24/04/2020 within a
Subject Access Request you have submitted. So this part of the FOI
request has already been responded to through other means.

 

We hope this information proves useful. Please come back to us if you
require further assistance on this matter.

 

If you think we have not supplied information in accordance with our
Publication Scheme which can be found on the Police and Crime Commissioner
for Bedfordshire’s website [1]www.Bedfordshire.pcc.police.uk  then you
should write, in the first instance, to:

 

The Monitoring Officer

Office of the Police and Crime Commissioner for Bedfordshire, Bedfordshire
Police HQ, Woburn Road, Kempston, Bedford, MK43 9AX

Email: [2][Bedfordshire PCC request email]

 

We aim to deal with your concern within 20 working days.  If you are
dissatisfied with the response you can ask for the matter to be internally
reviewed.  We aim to complete an internal review and respond to you within
20 working days.

 

The Information Commissioner

 

If you are still dissatisfied with the decision you may make application
to the Information Commissioner for a decision on whether the request for
information has been dealt with in accordance with the requirements of the
Act.

 

For information on how to make application to the Information Commissioner
please visit their website at [3]www.ico.gov.uk/complaints.aspx. 
Alternatively, phone or write to:

 

First Contact Team

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

SK9 5AF

 

Tel: 0303 123 1113

 

 

 

Kind regards

 

Katie

 

Katie Beaumont

Transparency Manager,

Office of the Police and Crime Commissioner

[4]https://encrypted-tbn0.gstatic.com/image...

Bedfordshire Police Headquarters, Woburn Road, Kempston, Bedford MK43 9AX

Email: [5][email address]

Web: [6]www.bedfordshire.pcc.police.uk

 

 

The Office of the Police and Crime Commissioner for Bedfordshire (OPCC)
takes the management and protection of all personal data we hold very
seriously and have recently published a new [7]Privacy Notice, this
document explains how we use any personal information we collect about you
or members of your organisation when you make contact with us.

 

If you consent to the OPCC continuing to hold your personal data so that
we may contact you in the future please respond directly to this email to
let us know that we have permission to do so.

 

Please consider the environment before printing this email.

 

 

 

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Martin McGartland (Account suspended)

Martin McGartland

25 April 2020

Re: PCC Holloway / OPCC Bedfordshire Disapplaction of my conduct complaints as well as the 'investigation' against Jon Boutcher (Aka Operation Kenova)

Dear Katie,

Thank you for the reply.

Within your / OPCC Bedfordshire's reply to my FOI (copied and pasted below fyi) and with regards to part 2 It states;
2. ' You have made this request for documentation through many different
avenues and this has been responded to today (24/04/2020 within a
Subject Access Request you have submitted. So this part of the FOI
request has already been responded to through other means'.

Any requests I have made for my personal information to PCC Holloway, her OPCC including under subject access (SAR) relate to my personal information. This request is made under the FOIA and not data protection. Within OPCC's reply to my SAR they included the following on the first paragraph of their reply;

'Subject Access Request – Martin McGartland Applicant’s only have a right of access to personal data contained within documents, rather than to the documents themselves, so due to Covid 19 we have extracted out the personal data into a Word document and advise we have provided a summary of the personal data contained within the emails. Names have been redacted due to this being Personal Information.'.

This is the first request I have made under FOIA for the requested information. OPCC comment that
You have made this request for documentation through many different avenues and this has been responded to today (24/04/2020 within a Subject Access Request you have submitted. So this part of the FOI
request has already been responded to through other means'. PCC Holloway / OPCC will be aware that the ICO state; Information comprising the requester’s own personal data (FOIA and EIR) If the information caught by a freedom of information request contains the personal data of the requester, then that
information will be exempt under Section 40(1), and should be dealt with as a ‘subject access request’ (SAR) under the Data Protection Act (DPA)'. Regulation 5(3) of the EIR states that the right to make information available on request doesn’t apply to the requester’s own personal data. Where the information caught
by a request for environmental information contains the requester’s own personal data then it should also be dealt with as a SAR under the DPA'

Moreover - and not withstanding the above - you, PCC Holloway / OPCC will also be aware that the ICO also states; 'The Freedom of Information Act 2000 (FOIA) gives rights of public access to information held by public authorities. .... ...... This guidance explains the principle that requests for information should generally be considered without reference to the identity of the requester or the motives behind the
request. ....... ' And the same is the case with regards to information request under FOIA which is 'applicant and motive blind. A disclosure under FOIA, is a disclosure to the public [ie the world at
large]'

I rely on and refer you to the Information Tribunal in S v Information Commissioner and the General Register Office (EA2006/0030, 9 May 2007) which states: 'We wish to emphasise at this point that the Freedom of Information Act is applicant and motive blind. A disclosure under FOIA, is a disclosure to the public [ie the world at large]. In dealing with a Freedom of Information request there is no provision for the public authority to look at from whom the application has come, the merits of the application or the
purpose for which it is to be used'.’ (Para 80)

You have not dealt with my FOI under FOIA (I refer you to my full request) which includes copies of all documents (copies of original documents please) relating to;
PCC / OPCC's  application, the complete document/s (as sent - to IPCC/IOPC concerning disapplication of Martin McGartland's conduct complaint (and the 'investigation') against former CC Jon Boutcher. And also all supporting documents and evidence in support of the said disapplication.

I have already made PCC Holloway / OPCC aware (see my FOI request) that I am also consenting (this is my written consent) for all personal information (my personal information - including under DPA etc) to be disclosed within your / OPCC's reply to this request. I would refer you. OPCC / PCC Holloway to First-tier Tribunal case (Reference: EA/2018/0071) - link here fyi: https://www.doughtystreet.co.uk/sites/de... ) and request that the document is read carefully with regards to personal information being disclosed under FOIA when consent has been given for it to be disclosed to the world .... I refer to and reply on above decision, document in full.

I am placing on record that I  (Martin McGartland) fully consent - this FOI request being my consent - for all information (including my personal information - that which relates to this matter, the / my Jon Boutcher complaints / the disapplication) being disclosed by PCC / OPCC  , and to disclose such information (with my full consent) to the wider world (and to disclose on this WDTK platform).

There is a strong public interest in the requested information as it relates to PCC / OPCC handling of complaints against former CC Boutcher as well as the issue of public confidence iin police, PCC Holloway's / her OPCC's holding police, her force to account etc. And also PCC / OPCC accountability, openness and transparency so far as the public / tax payers are concerned..

Furthermore, Jon Boutcher is now heading at least 3 high profile investigations (including Operation Kenova (link: https://www.opkenova.co.uk/ ) where he himself is speaking in the press about truth and justice, getting answers to questions for victims when he is ignoring questions from me as the victim. And while he continues to refuses to answer my questions as well as his covering up his review report, the review teams full findings of his case review of my unsolved attempted murder case.

Please dealt with my FOI without any further delay and disclose all requested non exempt information and documents which I have requested.

Yours sincerely,

Martin McGartland

Martin McGartland

06 April 2020

Dear PCC Holloway,

This FOI request relates to a number of complaint s  made  by Martin McGartland against CC Jon Boutcher (Aka Operation Kenova)(in May last year (2019) and which which have been recorded yy you / your office but never investigated.

Since May 2019 you, your office have been writing to police forces around the UK asking them if they would to take on an investigation of those complaints against Jon Boutcher.  It has been claimed by your office that none of those police forces (around 30 forces) have refused to take on the 'investigation' 
11 months after you, your office recorded those complaints and on 03 April 2020 you wrote to Martin McGartland as follows;

Dear Mr McGartland
 
Further to our previous correspondence, we can provide the following 28 day update.
 
I would like to inform you that the Office of the Police and Crime Commissioner has submitted the application to disapply the need to investigate your complaint recorded under reference CO/193/19 against Chief Constable Boutcher.
 
Please be advised that having consulted the statutory guidance there is no requirement for us to provide you with a copy of our application however we are obliged to inform you it has been submitted.
 If you have any further queries you should direct them to the IOPC, as we will take no further action with this complaint, unless directed by them to do so.
 
Kind regards
Office of the Police and Crime Commissioner

On 30 July 2019 you - PCC Holloway - wrote a tweet on your personal twitter account ((@KHollowayPCC) as follows:  "A final farewell today(on his last day) to my professional colleague and now personal friend, an outstanding  Chief Constable, Jon Boutcher. Wherever he is, he's always going to stand up publicly for @bedspolice I can assure you. Good luck in all you do."    Martin McGartland has expressed his concerns regarding a conflict on the part of PCC Holloway so far as her involvement in his complaints (the 'investigation') against Jon Boutcher (you 'personal friend').  Have you, PCC Holloway, recorded and or recorded - as you would be required to - any conflict on your part concerning the Jon Boutcher complaints, the 'investigation' of those complaints by you, your office?  If so, p[lease disclose a copy of that under FOIA.  If you have not, please explain why not?

Given - as above - you, your office have now confirmed that you have made submitted an application to IPCC / IOPC; "...to disapply the need to investigate your complaint recorded under reference CO/193/19 against Chief Constable Boutcher...." I am requesting under freedom of information act that you, your office disclose the complete application which you / OPCC Bedfordshire have submitted to the IPCC / IOPC including all supporting documents, the evidence as well as the required and completed disapplication forms.  Martin McGartland has been constantly complaining to your, your office and staff during the past 11 months about his concerns that his complaints against Jon Boutcher (copied and pasted fyi below) have been delayed and obstructed tp protect Jon Boutcher from 'investigation'.

I trust that you, your office will now act completely transparently and disclose - and in full - your / OPCC's Bedfordshires complete disapplication.  Martin McGartland is very clear that you, your staff / office are attempting to cover up information, evidence and documents relating to this case (Jon Boutcher) and the disappliction.  I note in your / IPCC above email you claim (incorrectly) that;   "Please be advised that having consulted the statutory guidance there is no requirement for us to provide you with a copy of our application however we are obliged to inform you it has been submitted."   The IPCC / IOPC FOCUS disapplication guidance states that a copy of the disapplaction must be sent to the complainant  at the same time it is sent to the IPCC / IOPC.  You your office have refused all requests by Martin McGartland for a copy of your disapplication, the supporting evidence and documents. Needed so that he can understand your, OPCC's reasons, rationale for the disapplication. And so that he can have the right of reply and also so that representations  on those can be made to the IPCC/IOPC.

As well as the above I am also requesting;
1. A copy of PCC / OPCC's  application, the complete document (as sent - to be disclosed to IOPC/IPCC);
2. All evidence that PCC / OPCC rely on (and that sent to IOPC/IPCC) in support of their stance that the complaints against Jon Boutcher.

Please would you disclose copies of original documents.

I would also like to place on the record that I  (Martin McGartland) fully consent - this FOI request being my consent - for all information (including my personal information - that which relates to this matter, the / my Jon Boutcher complaints / the disapplication) to be disclosed by PCC / OPCC  , and to disclose such information (with my full consent) to the wider world (an on this WDTK platform). That would include information which is connected to this request, the complaints against Jon Boutcher and also the PCC / OPCC disapplication, the evidence / supporting information that relate to it.
In regards to my above consent (and to assist you in dealing with this request) I will reply of the (below link) First-Tier Tribunal appeal decision - which is relevant to this request , see here;  https://www.doughtystreet.co.uk/sites/de...

And I also rely on the arguments I have made (regards similar FOIA) as well as the other case/s) detailed in those (which I also rely on in full )regards this FOI request, see here:  https://www.doughtystreet.co.uk/sites/de...

I look forward to your reply.

Yours faithfully,

Martin McGartland

Martin McGartland conduct complaints against Jon Boutcher:

Martin McGartland

03 May 2019

Complaint about the conduct of CC Jon Boutcher

Dear Ms Holloway,

I am writing to you to make a complaint against CC Jon Boutcher.  The reason for this is due to his reneging on promises and assurances that he made to me concerning a review of my attempted murder case which was being investigated by Northumbria Police (NP).  I met Jon Boutcher in September / October 2017 concerning his operation Kenova enquiry.  As a result, I requested if he would consider conducting a review of my attempted murder, which he accepted.  

Around the same time, I met Jon Boutcher (for the second time), as well as his T/ACC Paul Fullwood at Bedfordshire HQ.   Jon Boutcher had tasked Paul Fullwood to select officers to conduct the said review and informed me that Mr Fullwood would be my means of contact given Mr Boutcher was busy with other force and Kenova work.

At the second meeting with CC Boutcher, he personally assured and promised me that he would disclose a copy of his review teams findings and the report.  He also assured me that any identified wrongdoing, misconduct and or criminal offences by former or present NP officers or any other agencies or agents would be acted upon and would be reported to the relevant authorities and taken forward (i.e IOPC, CPS etc) and done so without fear or favour.

During my contact with Paul Fullwood (who I understand you are not able to investigate but who I only mention for background), he repeated those same assurances to me many times and in emails as well as during telephone conversations.  Rather than bombarding you with lots of documents and information, I want to place on the record that there are numerous emails between myself, Jon Boutcher and Paul Fullwood which will corroborate the above.  I am aware that you will, if required, have access to those.  Obviously, I also have copies of those if they are required.

Around January / February 2018 (or thereabouts) CC Boutcher and Paul Fullwood were passed a copy of the review teams draft report and around that time and up until the present day, CC Boutcher's attitude changed completely whereby my being supplied with a copy of the review report (as he had previously and continually assured and promised me) changed to my being supplied with a redacted copy of the review report but he stated that there would not be many redactions and those that were would be only relating to damage or harm that could be caused to the ongoing investigation into my attempted murder.

That then changed to CC Boutcher informing me that he had recommended in his report that the redacted copy that he prepared to be disclosed to me should be disclosed to me by NP.  Then most recently and up to 6 months after CC Boutcher disclosed his report and findings to NP, I was informed by him that he was seeking legal advice concerning the report and also the disclosure of it to me.  I have never been informed of the outcome of that legal advice (which I have said was circumvented, as well as above) nor is CC Boutcher responding to any of my recent emails.  He has tasked his head of legal to write to me without giving me any explanation as to the above.

It has been around 20 months since I met CC Boutcher and T/ACC Fullwood and during that period I have been very anxiously waiting for their findings only to be completely let down and being subjected to lengthy delay which has resulted in broken and reneged promises and what I am clear is a wilful act by CC Boutcher to cover up his / the review team findings.
I am complaining for the following reasons:

1.  That CC Boutcher reneged on all promises and assurances he gave to me at meeting regarding disclosure of the review report and findings as well as later the failure to disclose copy of the redacted report.  And also his failure to disclose details of review teams findings concerning the review of my attempted murder investigation by NP.

2.   I have reason to believe that Jon Boutcher was made aware as a result of the review teams findings and or from the report that former and or present NP officers had been involved in wrongdoing as well as potentially criminal offences (and at least serious gross misconduct) due to a catalogue of failures, omissions, inactions and or actions by those officers.  The same, I believe, is the case concerning other agencies and or agents but Jon Boutcher has refused / failed as required under code of ethics etc to report, challenge or investigate those (as he promised and assured me he would do).

The same would include, but are not limited to, examples of NP protecting persons of interest / suspect/s in my unsolved attempted murder from arrest and justice and I have reason to believe that they did so for up to 10 years or longer.  The wiful failure by NP to undertake and or act on outstanding lines of enquiry / investigation which I understand they failed to do and are continuing to fail to pursue for up to and in excess of 10 years.  The delaying of arrests by months or even years of individuals of the 5 person/s who have previously been arrested but have been released without charge.  I have also reason to believe that NP and at least one of the SIO's in my attempted murder case deliberately misled government minister/s who in turn misled MP's and public in House of Commons as a result of information supplied by NP,  the covering up of ballistics and forensic tests and examinations of the gun that was used in my attempted murder, as well as a second handgun and also ammunition which I understand were also identified as being connected to at least 2 other murders as well as shootings and punishment attacks by terrorists in Northern Ireland but which NP had covered up between my June 1999 shooting and the date of the Boutcher review (and would have continued to do so if not for external review).   The above are merely just some examples and I believe there are many others.

3.  That Jon Boutcher has failed to act against Special Branch, MI5 and or Home Office and Government interference and obstruction in my unsolved attempted murder and the police investigation of it and that would include their wilfully omitting, withholding information concerning my attempted murder from police officers as well as information and also intelligence about the identity of person/s as well as suspects identified as having been involved in my attempted murder.  I suspect this may well have been as a result of Special Branch, MI5 ... protecting informants.  I also suspect that this might well be because individual/s involved in my attempted murder were before the attempt on my life, were informants or agents of the State or they were recruited after the attempt on my life and this resulted in individuals being protected from arrest and justice. 

4.  That CC Boutcher as a result of his review, had established that NP had been aware within days of my June 1999 shooting that the attempt on my life had been carried out by terrorists but that they covered it up (including from me as the victim) during the previous 20 years which they continue to cover up as they have still not admitted same to me or public.  And that NP did so during a time when they were maliciously and very deliberately leaking smears to the press in which they linked me and my shooting to drugs and feuding drugs gangs.  That CC Boutcher, as result of his review findings, had also established that NP, its officers had made to attempt to put the record straight at any stage during the past 20 years (even up to the present day).   

The above, without doubt - CC Boutcher will be aware of same - will have caused damage (which I said NP intended)  to the investigation into my attempted murder.  As a result, the public (due to NP drugs claims) were lead to believe that my shooting was a local, a criminal matter and was not terrorist attac(k) / connected to IRA.  

The was done, I am clear by NP, to cover up and protect PIRA involvement in my attempted murder.  I also have reason to believe that the Boutcher review will have identified Special Branch,  MI5 and or British government interference or influence in this. And my complaint also is that CC Boutcher, despite all his promises and assurances, has not taken any type of action regards this, any of above allegations. 

An additional matter which I am complaining about also relates to the meeting between myself, CC Boutcher and T/ACC Fullwood in which CC Boutcher asked me for highly sensitive information concerning my present home address as well as my present new identity.  He did so because he stated to me that he was concerned about a threat that the local police (who you will appreciate I cannot name for security reasons) had informed me of only weeks previously.  The police arrived at my house to inform me of a threat to my life which I believe originated from the IRA.  As a result of this and because CC Boutcher asked for those details, I very foolishly (which I will forever regret) disclosed those to him.  He stated to me that they were needed so that he could make some enquiries about the said threat.

I have never in my life shared such information with anyone regards my present location and new identity previous to that and I never would do so but that information  was supplied to CC Boutcher for that purpose only and for no other and he nor T/ACC Fullwood had my consent to use it for any other purpose nor to share it with any others (including with Kenova, on PNC, on any Bedfordshire, Hertfordshire or Cambridgeshire systems or with any other third parties.

My complaint regarding this issue is:

5.  That CC Boutcher has been asked to confirm that that highly sensitive information has not been shared with any other person/s, third parties and or organisations and that it has not been added to any police systems local or national (and more importantly, not cross referenced with my birth name of Martin McGartland) and that it has not been shared with operation Kenova or any others.  I also requested confirmation that those details be permanently destroyed in a format whereby they can never be recovered.  However, CC Boutcher has ignored my emails, he has failed to respond to above and this is causing me a great deal of additional worry and distress (on top of my ongoing and permanent symptoms).

As a result, I am complaining that I believe that CC Boutcher has shared that highly sensitive information with others (including with some of the above) without my consent and in doing so could well be placing me in potential danger both now and right into the future if that information were to fall into the wrong hands.  I repeat that that information was requested from me by CC Boutcher for the above reason only and I only supplied it to him for that reason which I made known at the time when he asked Paul Fullwood to record the details on a piece of paper.   I did not give my consent for those details to be used for any other purpose and never would.

I look forward to hearing from you concerning this matter and would be much obliged if you could deal with it by email only.

Yours sincerely,

Martin McGartland

BEAUMONT, Katie 6973, Bedfordshire Police and Crime Commissioner

Dear Mr McGartland

Thank you for the below email. However the OPCC is unable to send the
requested documents to you as requested under the FOI Act. The legislation
to which this should be requested against, is to submit a Subject Access
Request, which you have already done and it has been completed.

Kind regards

Katie

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