Vera Baird / ACC Bacon BOTCHED and Circumvented local resolution "investigation" to protect Winton Keenen - "not suitable for local resolution."

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

This request has been closed to new correspondence. Contact us if you think it should be reopened.

The request was refused by Northumbria Police and Crime Commissioner.

Martin McGartland (Account suspended)

Martin McGartland

07 February 2019

Dear Vera Baird,

The IOPC/IPCC have UPHELD my appeal into your use of local resolution concerning my complaints against Winton Keenen. The IOPC/IPCC decision was that my complaint (as I had stated all along and which you were well aware of QC Baird) was "not suitable for local
resolution."

This is a copy of IOPC/IPCC decision letter dated 07/02/2019 concerning my appeal (Which has been UPHELD) into your (and ACC Bacon's) use of local resolution concerning my complaints against Winton Keenen. The letter is copied and pasted below and in full. You will see that IOPC/IPCC have stated that you

7 February 2019

Dear Mr. McGartland,

This letter is about your appeal against Northumbria Police and Crime
Commissioner’s decision dated 3 October 2018, which we received on 23
October 2018.

Our role is to review whether the outcome of the local resolution was a
proper outcome. Our role is not to investigate your complaint.
Our legal duties are set out in paragraph 8A of Schedule 3 of the Police
Reform Act 2002

1. As part of the review I looked at whether your complaint
was suitable for local resolution.

After considering all the information available I have decided to uphold
your appeal, because in my view your complaint was not suitable for local
resolution.

There are three aspects of your complaint against CC Winton Keenen.

These are:

1. the content of the report to the IOPC was deliberately misleading

2. CC Keenen deliberately covered up information regarding the initial
media release in order to protect colleagues and the force as a
whole.

3. CC Keenen failed to act in accordance with the Code of Ethics
(integrity)

1 This changes to regulation 28 of the Contractor Regulations 2015 if your complaint was made on or after 8 April 2015 and relates to a contractor working for the police.
The suitability test for local resolution is set out at Paragraph 6 of Schedule
3 to the Police Reform Act 2002. It allows an appropriate authority to locally
resolve a complaint if the following two conditions are met:

a. The appropriate authority is satisfied that the conduct that is being
complained about (even if it were proved) would not justify bringing
criminal or disciplinary proceedings against the person whose
conduct is complained about; and

b. The appropriate authority is satisfied that the conduct complained
about (even if it were proved) would not involve the infringement of a
person’s rights under Article 2 or 3 of the European Convention on
Human Rights.

Both conditions must be met for a complaint to be suitable for local
resolution. If only one condition is met then the complaint is not suitable for
local resolution.

In my opinion, there is a suggestion that CC Keenen’s conduct (if proven)
would justify the bringing of disciplinary proceedings. I have considered how
the OPCC came to the decisions they did regarding these complaints, but
the rationale provided did not address the criteria I have outlined. As a
result, it is my view that this complaint does not meet the local resolution
criteria. Your appeal is therefore upheld.

You also make reference to bias and conflict of interest on the part of the
AA Vera Baird. You allege Ms Baird and CC Keenen sit on a board of
trustees, but I need to point out conflict/bias is a matter for the AA to
consider.

If the AA feels there is a conflict of interest or there is a risk of bias then she
has the option of referring the complaint to the IOPC under the voluntary
referral criteria.

This is set out at paragraph 4(2) of Schedule 3 and gives the AA a
discretion to refer a complaint to the IOPC if it considers it would be
appropriate to do so by reasons of the gravity of the subject-matter of the
complaint; or any exceptional circumstances. However this is a matter for
the AA alone to decide.

The AA will need now need to consider whether the complaint meets the
mandatory or voluntary referral criteria. If it does then they must/may refer
the complaint to the IOPC for a decision on whether, pursuant to paragraph
5 of Schedule 3 to the PRA, it is necessary for the complaint to be
investigated. If it does not meet the referral criteria then the PRA requires
the appropriate authority to make arrangements for the complaint to be
investigated on its own behalf.

You should now expect Northumbria Police and Crime Commissioner to
contact you about the actions that I have asked them to take.
You are not able to appeal my decision. However, if you have any questions
or need more information about my decision please contact me. My details
are at the end of this letter.

Yours sincerely

David Roberts
Casework Manager

Independent Office for Police Conduct
Swyddfa Annibynnol Ymddygiad yr Heddlu
PO Box 473 / Blwch Post 473
Sale
M33 0BW
Direct Dial: 02920 26REDACTED
Email: [email address]

Yours faithfully,

Martin McGartland

Ends

Under FOIA 2000 I would like to know if you will now be ordering an independent investigation against your CC Winton Keenen. If not, please explain why not?

I look forward to your reply.

Yours sincerely,

Martin McGartland

Enquiries, Northumbria Police and Crime Commissioner

Dear Sir,

I acknowledge receipt of your email. The content of which has been noted and will receive action.

We will provide you with an update in due course.

Yours sincerely

Scott

Scott Duffy
Director of Governance and Communication.
Office of Police & Crime Commissioner – Northumbria Police.

Victory House
Balliol Business Park
Benton Lane
Newcastle upon Tyne
NE12 8EW

0191 221 9800

“Headlines From The First Three Years” is now available at Amazon, click here, http://www.amazon.co.uk/Headlines-First-...

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Kevin Payne, Northumbria Police and Crime Commissioner

Dear Mr McGartland,

I am writing further to your recent email to the below.

The OPCC hold no information in respect of the FOI request you mention in
your email. In respect of your complaint, a response will be provided in
due course.

Yours sincerely.

Kevin

 

Kevin Payne
Office of Dame Vera Baird QC
Police and Crime Commissioner for Northumbria

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Martin McGartland (Account suspended)

Martin McGartland

14 February 2019

Dear Kevin, PCC Vera Baird,

My FOI request was; "Under FOIA 2000 I would like to know if you will now be ordering an independent investigation against your CC Winton Keenen. If not, please explain why not?"

You say you do not hold information regarding my request. Can you confirm that you have asked Vera Baird if she; "will now be ordering an independent investigation against your CC Winton Keenen. If not, please explain why not?"

I await your reply,

Yours sincerely,

Martin McGartland

Kevin Payne, Northumbria Police and Crime Commissioner

Thank you for your email.

I'm afraid this mailbox is not longer in use and is not monitored.

Please contact the office direct on [Northumbria PCC request email] or
0191 221 9800.

 

Martin McGartland (Account suspended)

Dear Northumbria Police and Crime Commissioner,

Haha - I bet Vera 'Turn a blind eye' Baird .... COVER UP....

Yours faithfully,

Martin McGartland

Martin McGartland (Account suspended) left an annotation ()

Vera Baird (QC and PCC Northumbria) and ACC Rachel Bacon (of Northumbria Police) Cover up / Whitewash document to PROTECT Winton Keenen - Martin McGartland case

Vera Baird / ACC Bacon BOTCHED and Circumvented local resolution (LR) "investigation" to protect CC Winton Keenen - when they were both aware that LR was "not suitable for local resolution. The Vera Baird / ACC FLAWED and WHITEWASH decision was appeal to IOPC/IPCC and it was UPHELD. The IOPC/IPCC have ordered that Vera Baird investigate the complaints against Winton Keenen BUT that the investigation is carred out by an "external force" and "not" by Vera Baird, any of CC Winton Keenen's officers / force....

Click on the link to READ in full the BOTCHED Vera Baird / ACC Bacon report;
https://www.scribd.com/document/40049268...