Legal Representation/Advice for Officers under investigation during Operation Kalmia.

The request was successful.

Dear Staffordshire Police,

Matthew Ellis the Staffordshire Police and Crime Commissioner has recently commented in the media on a £1.5 million cut in the policing budget from central government. It is widely accepted that public bodies such as the police are under increasing financial pressure, therefore the manner in which such bodies spend public money is of great interest to the tax paying public.

Within the rank structure of the police there are three separate bodies which represent the interests of officers, I.e. Police Federation, Superintendents Association and ACPO. Officers facing discipline or criminal allegation can apply to those staff organisations for support and funding of legal representation and advice. The provision of legal representation by the staff associations does not therefore result in spending from the budget allocated for policing.

Operation Kalmia was an IPCC managed investigation into the conduct of Staffordshire Police during the investigation and proceeding linked to the brutal murder of Kevin NUNES. The invention followed the quashing of the five men previous convicted for the murder, in overturning the convictions the appeal court judges stated : -

"It is to be hoped that the appropriate measures will be taken against those responsible for what appears to us to be a serious perversion of the course of justice, if those measures have not already been taken. It is to be hoped that lessons will be learnt from this shocking episode.what appears to us to be a serious perversion of the course of justice".

Operation Kalmia investigated 14 officers some retired and some still serving including the current Chief Constable Jane Sawyer's. In response to a previous FIO request (https://www.whatdotheyknow.com/request/c...) Staffordshire Police stated that they had spent in excess of £300,000 (excluding officer's salaries and overtime) on Operation Kalmia.

I would like to request the following information.

1. Were Staffordhire Police Funds used at any time to provide legal advice or representation for any of the officers under investigation by Operation Kalmia? ( A simple yes or no will suffice)

2. Was any legal advice or representation provided by Staffordshire Police or Police Commissioner for Chief Constable Sawyer during Operation Kalmia? (A simple yes or no will suffice)

3. If the answer to 2. Is positive please indicate the extent of the advice/representation provided both in terms of hours and cost of legal services provided to Chief Constable Sawyers. For the sake of clarity I am only asking for legal service provided by or through Staffordshire Police/Police Commissioner not by any staff association.

4. If the answer to 1. Is positive please indicate the extent of the advice/representation provided both in terms of hours and cost of legal services provided any of the other officers I.e other than Chief Constable Sawyer's. For the sake of clarity I am only asking for legal service provided by or through Staffordshire Police/Police Commissioner not by any staff association.

5. In respect of any expenditure incurred in connection with (3) or (4) above please indicate where the money came from I.e policing budget for Staffordshire.

I have tried to keep the above requests to a minimum to avoid unnecessary cost and time, however should you feel that they are too complex please let me know so I can consider any amendment or clarification.

Yours faithfully,

Mr L. Anderson

Staffordshire Police

Dear Mr Anderson,
Thank you for your Freedom of Information request, you will receive a
response in due course.
Kind regards,
Roger Randle
Freedom of Information Local Decision Maker
Central Disclosure Unit
Staffordshire Police

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Freedom of Information, Staffordshire Police

1 Attachment

 

Dear Mr Anderson

 

Please see attached response to your Freedom of Information request.

 

Regards

 

 

Tracey Brindley

Freedom of Information Decision Maker

Central Disclosure Unit

Staffordshire Police HQ

PO Box 3167

Stafford

ST16 9JZ

T:  Switchboard 101

T:  Direct dial 01785 232195

E:  [1][Staffordshire Police request email]

 

 

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1. mailto:[Staffordshire Police request email]

Dear Freedom of Information,

Thank you for your recent response which I am glad to be able to say was responded to within the timescales of Section 10 of the FIO Act, a welcome change to what I have previously experienced.

The reply I received was clear and unambiguous, again I welcome that new clarity.

Sadly your response ncludes the following "WARNING/TREAT":-

"With regard to this request I am including a warning under Section 14(1) Vexatious requests. Since March 2016 you have put in eight Freedom of Information requests relating to Operation Kalmia. Seven of those requests were submitted within 60 working days of each other which does not give adequate time to deal with each one. A significant amount of time has been given to providing the information you have requested but you appear to not be satisfied with any information that you have been provided with as it leads to more requests for information. Any further requests for information on the same theme may lead to Section 14 Vexatious exemption being applied."

I would invite you firstly to look at your figures where you should find that two requests were immediately withdrawn and another substantially reduced after Staffordshire Police highlighted the amount of work required and some areas of duplication. The remaining requests were made in part to clarify ambiguous or incomplete answers offered in respect of entirely properly made requests.

You are correct in pointing out that I have been dissatisfied with some responses, however I also note that after the involvement of the Informatiom Commissioner's Officer, Staffordshire Police decided to change there reverse their earlier decisions on disclosure. Clearly some of the points a dissatisfaction appear to have been justified.

I will not use this forum to voice my views over the motivation of Staffordshire Police in trying to silence me , but I will strongly appeal any attempt to restrict my properly exercised statutory rights provided under the FIO Act.

Yours sincerely,

Mr L. Anderson

Staffordshire Police

Thank you for your request for an Internal Review. You will receive a
response in due course.
Kind Regards
Darius Sanghori
Freedom of Information
Central Disclosure Unit
Staffordshire Police

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Freedom of Information, Staffordshire Police

1 Attachment

Dear Mr Anderson,

 

Please find attached the response to your Internal review of your Freedom
of Information request, Log reference number 7813.

 

 

Kind Regards,

 

Roger Randle

Central Disclosure Unit

Staffordshire Police HQ

PO BOX 3167

Staffordshire Police

ST16 9JZ

T: Switchboard 101

T: Direct Dial 01785 232195

E: [1][Staffordshire Police request email]

 

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1. mailto:[Staffordshire Police request email]

Dear Freedom of Information,

FAO Roger Randle

Thank you for your most recent correspondence dated 23rd March 2017.

In your letter you make reference to a request for an internal review which you appear to have allocated a reference number of 7813. I am somewhat confused as I was satisfied with the information provided by
Staffordshire Police in respect of this particular request, consequently I did not request a internal review.

You are correct in your letter that I did raise my concerns regarding the 'Warning/Threat" to possibly rule any future FIO request as 'vexatious'. You make a reference to "perceived wrong doing by Staffordshire Police" and you are correct that I do hold that view, it would appear that the Court of Appeal held a similar view given that Lord Justice Hooper wrote in the court judgement:-

"It is to be hoped that the appropriate measures will be taken against those responsible for what appears to us to be a serious perversion of the course of justice, if those measures have not already been taken"

Operation Kalmia should have identified failing by Staffordshire Police that led to five men having their convictions overturned, and the part played by certain individuals, including the current Chief Constable of Staffordshire. So far both Staffordshire Police and IPCC have strongly resisted releasing the findings of Operation Kalmia and the associated reports, it is that resistance which as necessitated additional FIO requests.

You mention in letter about the number of internal reviews and referrals I have made to the ICO. Within the FIO Act the requestor has a statutory right to ask for an internal review and if still unsatisfied to refer the mater to ICO, therefore such requests or referrals should not be cited as grounds for applying a Section 14 exemption. You refer to "diminishing funds and austerity measures", whilst I am sure that this is the case, I am not responsible for these measures and there again these are not justifiable grounds for applying a Section 14 exemption

Perhaps Staffordshire Police should reflect on it record of non compliance with Section 10 (timescales for providing information) maybe then the number of internal reviews would reduce. As with all public bodies, Staffordshire Police have the right under the FIO Act to cite Section 14, and similarly I have the right to appeal any such application of Section 14.

For the sake of clarity, this letter is NOT a request for an internal review, nor do I require or expect any response, I have merely replied to you correspondence. As far as I am concerned this particular request was dealt with satisfactorily and within the time scales of Section 10 and is therefore finished.

Yours sincerely,

Mr L. Anderson