"The Plot Thickens"
BDO Alto was commissioned in September 2009. This was an independent report that had nothing to do with Wiltshire
Wiltshire Haven 1 was commissioned in November 2008 with the suspension of
Wiltshire Operation Blast was commissioned in June 2009 by Senator ILM with the alleged holding of police files on states members
All 3 Reports were released by the Minister of Home Affairs in May 2010
No one meant to ask any questions
NOW WE ARE
How is it that BDO Alto are quoting from Lenny Harpers Wiltshire Statement when all the reports were released on the same day into the public domain? Have Wiltshire Police Force been sharing confidential witness statements with a Jersey Financial Audit Firm? This plot is going beyond Disney it real is. Are we now to believe that the Chief Constable of Wiltshire gave classified information that was exempt from the UK Freedom of Information Law to BDO Alto?
Lenny Harper is asking for answers and frankly who could blame him; As can been seen below BDO Alto are clearly quoting Lenny Harpers Wiltshire Statement. How have they done this? If there is any need for clarification surly they contact Lenny Harper.
What if someone didn't want Lenny Harper involved?
Remember Wiltshire exempt from "FOI" & Highly Confidential ( in the uk )
In Jersey (Totally Cavalier) AKA ( lawless )
" In Mr Harpers statement to Wiltshire Police he notes that several meeting took place with the Home Affairs ( during the course of the Investigation) but that he has never asked for detailed forecasting of costs. This contradicts with our discussions with the Finance and Administration Manager at Home Affairs."
" Mr Harper also notes in his Statement that Home Affairs queried certain expenses , such as the Australia trip , but that they were always happy with the explanation given."
Then on Page 21 we have:
" There was failure to implement a number of ACPO policies relating to management of MIR, impacting effectiveness and management of resources. Mr Harper has previously noted in a statement to Wiltshire Constabulary in April 2009 that, in his opinion, the ACPO standards of investigation do not normally apply to SOJP because SOJP is not a Home Office force"
Here is the Email to BDO Alto;
----- Forwarded Message ----
From: Lenny Harper
Sent: Tuesday, 17 May, 2011 22:55:58
Subject: BDO Report on Operation Rectangle
Dear Sir /Madam,
I am the former Deputy Chief Officer of the States of Jersey Police and I was the Senior Investigating Officer on 'Operation Rectangle.' I made most of the decisions regarding the use of resources on that operation. I have, in the past week, become aware that Mr Ian Le Marquand, the Home Affairs Minister, commissioned you to examine the use of resources during the operation and that you submitted a report which was critical of my decisions. I am somewhat surprised that you felt able to do this without even contacting me to ask me a single question about the rationale for my decisions. Accordingly you have made assumptions which are totally incorrect and factually inaccurate. If you had contacted me I would have given you the information which would have prevented you from being so wide of the mark.
Mr Le Marquand states that he had no say in the decision not to interview me. He actually states that he remained independent. I presume you were working to a terms of reference and I would be grateful if you would tell me who composed your TOR, and if these included a specific instruction not to speak to me. It seems most strange that a reputable firm of accountants (which I presume you are) would compile a report passing judgement on the decisions on how to use resources without even speaking to the person who made those decisions. This is not a matter of hindsight, (although the hideous inaccuracies within your report are highlighted by hindsight) but a matter of commonsense. It would seem obvious for a report to have any integrity or credibility then the lead player should be consulted.
Another, perhaps even more serious matter, is that in several places in your report, you quote from a statement which I made to Wiltshire Police. This statement was made on a confidential basis to Wiltshire, for one purpose only, and that was a disciplinary investigation into another senior police officer. I was given an assurance that no one else would have access to it. You have quoted from it and thereby raise issues of Data Protection. Furthermore, on at least one occasion you have quoted incorrectly from it. The whole interview was tape recorded and you havequoted me as saying something at variance with what was actually said. Before deciding whether to take matters further with the Data Protection Commissioner I would like to know how you accessed my statement to Wiltshire and why you quoted it in a report which had nothing to do with the original purpose for which it was made.
I look forward to hearing from you.
I believe this Email says it all.
Now we come to Wiltshire and their Chief Constable Brian Moore. Obviously Wiltshire have a very big part to play in this. A major problem for Wiltshire is that when they handed "Haven" over in November 2009 they had basically lost control of it.
Here is Lenny Harpers email to Wiltshire;
I was recently interviewed by your staff and made a statement in relation to a Disciplinary investigation carried out by your force under your personal supervision, into Mr Graham Power QPM, the former Chief Officer of the States of Jersey Police. Your officers refused me a copy of my statement at the time and told me that it was being made for one purpose and one purpose only, it would be used for nothing else, and that no one else would be given a copy. I have recently learned that a copy of my statement was given to a company called BDO, a jersey firm of accountants, who were compiling a report separate from your own enquiry. My belief is that they were given this statement by someone in the Jersey government. However, this has been denied by the Home Affairs Minister there who states that it must have been yourselves who handed the statement over. I have a long experience of untruths told by the Jersey government but of course have to seek clarification from you. I would be grateful if you would tell me if indeed you, or a member of your force, handed my statement to this company in direct contravention of the assurances I was given. Furthermore, I would be grateful if you would now supply me with a copy of the statement which I made to your officers. Thank You.
Now we come to Home Affairs Minister Ian Le Marquand. Just how big was his role in the setting up of the BDO Report? One thing for certain his memory is not to good on this issue.
He did Commission it along with SAV
Let us now look at the exchange now between Lenny Harper and ILM;
From: Lenny Harper
Sent: Thursday, May 12, 2011 1:59 PM
To: Ian Le Marquand
Subject: BDO and my Wiltshire Statement
Dear Mr Le Marquand;
I have recently become aware of the BDO report which seems to criticise my use of resources during the Historic Abuse Investigation. Bizarrely, no one from BDO has ever attempted to contact me to ask me anything at all about my decisions during my use of resources. Not only does this cast huge doubt on the validity and credibility of the report, but it goes a long way towards explaining the factual errors and wrong assumptions endemic in the report. Can you shed any light on how a report about the use of resources during a criminal investigation failed to even contact the person responsible for the use of those resources?
I notice that in the report BDO also quote from my Wiltshire statement. On a least one occasion they quote incorrectly from it. When I made this statement I was refused a copy and I made it only on condition that it was used solely for the discipline investigation into Graham Power. Wiltshire made this quite clear. This binding agreement appears to have been ignored and Data Protection issues arise. Can you please inform me who authorised the release of my statement and the breach of the agreement as to its use, who it is that is quoting it in the BDO report, and what action you will take in respect of the breach of the conditions under which I made the statement.
Finally, in the light of the errors in the report concerning what was said by me in the statement, will you now reconsider your decision not to make it public in order that the truth can be revealed.
From: Ian Le Marquand
To: Lenny Harper
Sent: Tuesday, 17 May, 2011 18:52:51
Subject: RE: BDO and my Wiltshire Statement
Dear Mr. Harper, I am sorry to be slow in replying to you on this.
I was not involved in the arrangements for the production of either the Wiltshire Financial report or the BDO Alto report for the simple reason that both of these had to be independant reports. You will be well aware as to why I had to remain independent in relation to the disciplinary reports concerning Mr. Power. However, it may help you if I explain the origins of the BDO Alto report. There had been, by the time I became Minister for Home Affairs in December 2008, considerable criticism of the handling of financial matters in relation to the Haut de la Garenne investigation. That criticism was not only of the States of Jersey Police but also of the Home Affairs Department including Mr. Austin-Vautier who was the relevant accounting officer. I, therefore, decided to commission an independent report in relation to the financial handling. That report ran in parallel with the Wiltshire investigation. However, I had to remain separate from it so that my independence was retained.
I know that there was some liaison between BDO Alto and the Wiltshire Police but I do not know what form that took. If the section from your statement which is contained in the BDO Alto report is also quoted in the Financial report then it is very likely that BDO Alto obtained access to the Wiltshire Report directly from the Wiltshire Police. I would be very surprised if the Wiltshire Police showed your statement to BDO Alto.
I have checked the position with Mr. Austin-Vautier and he does not know the answer because he also had to remain separate from the production of the report although he has a similar recollection that there was some liaison between the two.
The BDO Alto report was always intended to be shared with other States Members and it was always likely that it would be made public in some form.
I do not think that any of this makes any difference to my decision that it would not be appropriate to publish your statement even in a redacted form.
Yours sincerely, Ian Le Marquand.
From: Lenny Harper
To: Ian Le Marquand
Sent: Tuesday, 17 May, 2011 21:57:52
Subject: Re: BDO and my Wiltshire Statement
Dear Mr Le Marquand,
Thank you very much for your reply. I fully understand that you had to remain independent from the BDO report. If I understand you correctly, you commissioned the BDO report then took a back seat. Presumably then, someone else would have drawn up their terms of reference including giving some guidelines as to who they should seek to obtain information from. It would stand to reason that once you commissioned the report then you would have had to delegate responsibility for setting the TOR etc., to someone else. I imagine however, you would have given them some guidelines as to what the remit should be and where they should seek information. (I should emphasise I see nothing wrong with that.) I would be grateful therefore if you could tell me who set the terms of reference for BDO and if they were told not to contact me, or indeed, if when commissioning the report you expected that I, as the person making the decisions on the use of the resources, would be interviewed. There does seem to be a gap between you commissioning the report and them starting work and deciding what enquiries they should make. I presume they were given some guidance.
As for the question of who gave BDO access to my statement to Wiltshire I will, in the light of your helpful comments, take that up with the Chief Constable of Wiltshire and will let you know of the outcome.
I note your comments about your continued position of not releasing my statement. Whilst I strongly disagree with your position I do of course respect the fact that it is your decision to make. I will apply to Wiltshire for a copy of the document.
Thank you for your assistance.
From: Ian Le Marquand
To: Lenny Harper
Sent: Wednesday, 18 May, 2011 11:02:40
Subject: RE: BDO and my Wiltshire Statement
Dear Mr. Harper, I will have to make enquiries on the issue of the terms of reference. I would expect that I would have been involved in setting these. There may now be a delay in my responding to you on this point because I shall be going on holiday for two weeks from Friday lunchtime and have many things to do before then. Ian Le M.
So, let us just look at what ILM is saying Below. There was liaison between BDO and the Wiltshire Police. What? What was Wiltshire doing? Can this be right. I thought it was all confidential. Has a Police Disciplinary Investigation ever shared information with anybody else that has nothing to do with them? I find this just staggering. No wander there was never any hearings I believe we are looking at a complete shambles.
"I know that there was some liaison between BDO Alto and the Wiltshire Police but I do not know what form that took. If the section from your statement which is contained in the BDO Alto report is also quoted in the Financial report then it is very likely that BDO Alto obtained access to the Wiltshire Report directly from the Wiltshire Police. I would be very surprised if the Wiltshire Police showed your statement to BDO Alto."
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