DISMISSAL BY STEALTH?
Chief Executive Bill Ogley
Home Affairs Minister Andrew Lewis
DCOP David Warcup
Chief Minister Frank Walker
On the 10th November 2008 David Warcup wrote a letter to the chief executive bill ogley raising his concerns on the handling of the Haut de la Garenne Abuse investigation, he backed this up with an Interim report by the Metropolitan Police. On the 11th November Dave Warcup and Mick Gradwell gave a press briefing to ministers including Home Affairs Minister Andrew Lewis where they called into question the handling of the HdelaG investigation. Their presentation consisted of opinions by David Warcup backed up by the Infamous Met Report, their had also been an outside media expert who had been working in the background ( more on his role at a latter date).
Andrew Lewis was so convinced after that meeting that on the 12th November 2008 CPO Graham Power QM was suspended under 2.3.3 of the code. Now lets look at the facts
On the 12th of November 2008 CPO Graham Power was suspended under 2.3.3 of the code for alleged management issues of the Haut de la Garenne Abuse enquiry, here is what the code states. so
2.3.3 In more serious circumstances the Chief Officer may be suspended from duty on full pay by the Home Affairs Minister, pending the outcome of this procedure. In this event, the matter will be referred to the States of Jersey, in accordance with Article 9 of the Police Force (Jersey) Law 1974
It was the previous Home Affairs Minister Andrew Lewis who invoked this part of the code. Why did Andrew Lewis invoke 2.3.3 of the code? for the answer we have to look at Graham Powers Judicial Review.
"The Previous Minister( Andrew Lewis) then handed Mr Power a letter dated 12th November 2008 headed “Disciplinary Code” in which he informed him that he had received a letter from the Chief Executive enclosing a copy of a letter he had in turn received from Mr Warcup on the 11th November concerning an interim report that Mr Warcup had received from the Metropolitan Police into the conduct of Operation Rectangle. Mr Warcup’s letter included extracts from the report from the Metropolitan Police and concluded that there are significant concerns about the command and control structures in place with regard to the inquiry and Mr Power’s role within that."
The Previous Minister’s(Andrew Lewis) letter went on to say that having considered the letter from Mr Warcup and the pre-press briefing given the night before, the overall management of Operation Rectangle would be publicly called into question. In the light of this and in the light of Mr Power’s accountability under Article 9(3) of the Police Force Law, the Previous Minister had decided to invoke the Disciplinary Code relating to the Chief Police Officer. He considered that the issues raised in the report relate to alleged serious matters of performance and capability which could not be treated as something occurring in the normal course of events and could not therefore be dealt with on a personal level pursuant to paragraph 1.1 of the Code. He had asked the Chief Executive to investigate the matter in accordance with the Code. It would appear that Mr Power was not given a copy of Mr Warcup’s letter.
Again according to Mr Power, the Previous Minister then informed him that he had decided to suspend Mr Power with immediate effect and handed him a second letter, also dated 12th November, 2008. It reiterated the same concerns as in the first letter, but then went on to state:-
“My view is that the issues raised in the report of the( interim) Metropolitan Police and the letter from the Deputy Chief Officer of Police fall into the category of “serious circumstances” as set out in Paragraph 2.3.3 of the Disciplinary Code which was given to you when you started work for the States of Jersey by letter dated 3rd August 2000. I will write to you separately with a copy of the Disciplinary Code.
Lets also look at what Andrew Lewis says about 2.3.3 of the code. Remember these are allegations of management issues, suspension is a neutral act.
I also believe Andrew Lewis has not seen the MET INERIM report but was referring to the press briefing
In reaching my decision to suspend, I have taken into consideration the following:
Whether, or not, by remaining in post whilst the investigation is undertaken you may potentially be subject to an accusation that you were in a position to influence the investigation, unintentionally or otherwise
Whether or not, by remaining in post whilst the investigation is undertaken you may potentially be subject to an accusation that you were in a position to repeat the conduct or performance which is itself the subject of the allegation
Whether, given the nature of the allegations, it is possible for you to continue to fulfil the full duties and responsibilities of your office whilst the investigation is undertaken.
This is a precautionary suspension only and does not imply that any conclusions have been reached about your alleged role in the management of the historic abuse inquiry at this stage.”
So lets look at this last point
" This is a precautionary suspension only and does not imply that any conclusions have been reached about your alleged role in the management of the historic abuse inquiry at this stage"
So we now know Wiltshire police were called in to investigate the allegations. Wiltshire were meant to produce their report in March 2009 but delay after delay meant the new Home Affairs minister Ian le marquand didn't receive the report until November 2009. We are now in May 2010 and still no disciplinary procedures have been brought.
Graham Power has been suspended for 18 months and retires on the 21st July 2010
I find this absolutely Shocking
It now seems that the Home Affairs Minister ILM is saying time has now run out regarding bringing disciplinary action (if any is needed) against Graham Power but will bring as much information as he can to the states chamber after Graham Power has retired. If that happens then there should be some very serious questions aimed at the Home Affairs Minister because we now enter the realms of
" DISMISSAL BY STEALTH"
Brian Napier QC is now looking into the original suspension of Graham Power checking if proper procedures were followed. Deputy Bob Hill is also overseeing this report and its one we all look forward to seeing. I do find it strange that this can go on with one of the big players still in post Chief Executive Bill Ogley but hey thats the " Jersey Way"
So if Graham Power retires and nothing is done where does that leave the Home Affairs Minister and the States of Jersey, are we just at the beginning of another huge "SCANDAL"
Can ILM seriously think he can just waltz into the states chamber after Graham Power has retired and just say
" Well he would have faced disciplinary charges but we have run out of time, here is some information. I know he cant reply but hey this is the 'Jersey Way' look David Warcup is a good egg i like him and it was just a little letter so lets all move on, tea and biscuits at mine"
Times have changed now and thank god,some states members can see what is going on and are very researched on this subject.
CPO Graham Power is suspended because of a letter written by David Warcup that is 'FACT'
This is the first of a number of posts that I will be doing on this issue, the original suspension is very important and the truth must be found