status

Operation Ore
complaint status

All complaints are currently with Nick Hardwick at the IPCC, after two complaints had to be returned from the Metropolitan Police Service following unlawful attempts by DAC Rose Fitzpatrick at Scotland Yard to alter the remit that they had agreed for the investigation. Evidence in relation to the conduct MPS officers DAC Rose Ritzpatrick, DAC Alan Given, DS Tony Evans, DS John Levett, DS Peter Suggett, DCI McDonald-Payne and remain on file.

Crime reports were submitted on behalf of all victims of Operation Ore, in a process commencing formally on 24/05/2005. The IPCC denied permission for direct submission. A complaint against a police officer in SWP who attempted to obstruct submission of these crime reports was submitted directly to the IPCC but is not reported on here, except to say SWP have refused to investigate themselves despite the complaint being upheld by the IPCC.

	Sir Stephen Lander A communication was sent by letter on 17/04/2006 to Sir Stephen Lander Chair of SOCA, due a number of factors, including the fact that Andrew Mulholland failed to provide information as agreed under the FOI, refused to advise of the name of the Professional Standards contact so that his conduct could be questioned, indeed washed his hands of the issues, whilst Jim Gamble was put in charge of the complaint against himself. Mr Lander has therefore been advised of the state of play, so that he can take remedial action and/or agree to a meeting as requested. He has chosen not to respond.
	Jim Gamble (active) initiated 29/05/2005 rejected 10/07/2005 by NCS Service Authority upheld 31/08/2005 on appeal by IPCC advice 06/09/2005 NCS Service Authority advises they are taking legal advice attack 09/09/2005 man claiming to be Mirror reporter threatens the messenger - advice given, do the usual appeal 22/09/2005 IPCC accept appeal from NCS Service Authority and consider changing their minds evidence 27/09/2005 privileged evidence supplied to NCS Service Authority apology 03/10/2005 IPCC deputy chair apologises for delay but clears commission of wrongdoing reply 03/10/2005 evidence of procedural breaches submitted pause 05/10/2005 NCS Service Authority advise of problems in understanding the law upheld 06/10/2005 NCS Service Authority uphold the complaint apology 07/10/2005 IPCC commissioner apologises cp 08/10/2005 messenger receives LEA email containing CP complaint 22/10/2005 complaint sent to IPCC Chair with FOI requests investigators appointed 07/11/2005 by NCS Service Authority evidence refused 07/11/2005 NCS refuses to release messenger SAG/1 meeting 13/12/2005 MPS meeting, evidence served statements 31/01/2006 complaints accepted as generic request 10/02/2006 request for copy of meeting tapes, no response from MPS at this time chase NCS SA 14/02/2006 issues raised with NCS SA, outstanding at this time chase MPS 10/03/2006 MPS assurances Operation Ore was halted, found to be false pending NCS SA 15/03/2006 NCS SA advises response pending soon hand over 07/04/2006 Andrew Mulholland at SOCA advised he is transferring responsibility to another explanation given 12/04/2006 Jim Gamble at SOCA is currently in charge of the complaint against him transfer 28/04/2006 Andrew Mulholland of SOCA has advised that Professional Standards will not take over the complaint, it is being passed to Clive Osborne, the legal advisor to SOCA. request 28/04/2006 Helen Arnott, private secretary of Clive Osborne has been contacted requesting a meeting chase 10/05/2006 Andrew Mulholland of SOCA has been contacted as no communications have been received from Clive Osborne or his subordinates. notification 16/05/2006 delay notification received from MPS notification 23/05/2006 Andrew Mulholland of SOCA advised he is breaking off contact change 13/06/2006 DAC Alan Given retired replaced by DAC Rose Fitzpatrick (Rose Fitzpatrick is DAC for Diversity and Citizen Focus at MPS) evidence added 16/06/2006 Rose Fitzpatrick provided with evidence and allegations relating to further criminal conduct, additional to the original complaints change 18/09/2006 SIO (senior investigating officer) changed from the discredited John Levett to Tony Evans notice 03/10/2006 DAC Rose Fitzpatrick put on notice to supply viable investigating officers or surrender the crime reports to another authority. complaint 03/01/2007 DAC Rose Fitzpatrick provided with two additional victim names ipcc 16/01/2007 additional complainants notified to IPCC MPS 27/01/2007 backdated (20/01/2007) letter sent by HOPS. rejected 27/01/2007 Authorisation for Scotland Yard to service complaints terminated. rejected 27/01/2007 Authorisation for HOPS to service complaints terminated. notification 27/01/2007 IPCC notified of MPS position (reasoned and evidenced objection has been made in relation to the appointment of the Metropolitan Police Service as the investigating authority This includes the fact commissioner Sir Ian Blair evidentially broke the Police Reform Act 2002 and lied to the public in relation to a police cover up surrounding the execution of Jean Charles de Menezes. Only two police forces are members of the NCS Service Authority, City of London Police and MPS.)
	Trevor Pearce (active) initiated 31/05/2005 rejected 10/07/2005 by NCS Service Authority upheld 31/08/2005 on appeal by IPCC advice 06/09/2005 NCS Service Authority advises they are taking legal advice attack 09/09/2005 man claiming to be Mirror reporter threatens the messenger - advice given, do the usual appeal 22/09/2005 IPCC accept appeal from NCS Service Authority and consider changing their minds evidence 27/09/2005 privileged evidence supplied to NCS Service Authority apology 03/10/2005 IPCC deputy chair apologises for delay but clears commission of wrongdoing reply 03/10/2005 evidence of procedural breaches submitted pause 05/10/2005 NCS Service Authority advise of problems in understanding the law apology 07/10/2005 IPCC commissioner apologises cp 08/10/2005 messenger receives LEA email containing CP change 13/10/2005 IPCC upholds complaint complaint 22/10/2005 complaint sent to IPCC Chair with FOI requests investigators appointed 07/11/2005 by NCS Service Authority evidence refused 07/11/2005 NCS refuses to release messenger SAG/1 meeting 13/12/2005 MPS meeting, evidence served statements 31/01/2006 complaints accepted as generic request 10/02/2006 request for copy of meeting tapes, no response from MPS at this time chase NCS SA 14/02/2006 issues raised with NCS SA, outstanding at this time chase MPS 10/03/2006 MPS assurances Operation Ore was halted, found to be false pending NCS SA 15/03/2006 NCS SA advises response pending soon hand over 07/04/2006 Andrew Mulholland at SOCA advised he is transferring responsibility to another transfer 28/04/2006 Andrew Mulholland of SOCA has advised that Professional Standards will not take over the complaint, it is being passed to Clive Osborne, the legal advisor to SOCA. request 28/04/2006 Helen Arnott, private secretary of Clive Osborne has been contacted requesting a meeting. chase 10/05/2006 Andrew Mulholland of SOCA has been contacted as no communications have been received from Clive Osborne or his subordinates. notification 16/05/2006 delay notification received from MPS notification 23/05/2006 Andrew Mulholland of SOCA advised he is breaking off contact change 13/06/2006 DAC Alan Given retired replaced by DAC Rose Fitzpatrick (Rose Fitzpatrick is DAC for Diversity and Citizen Focus at MPS) evidence added 16/06/2006 Rose Fitzpatrick provided with evidence and allegations relating to further criminal conduct, additional to the original complaints change 18/09/2006 SIO (senior investigating officer) changed from the discredited John Levett to Tony Evans notice 03/10/2006 DAC Rose Fitzpatrick put on notice to supply viable investigating officers or surrender the crime reports to another authority. complaint 03/01/2007 DAC Rose Fitzpatrick provided with two additional victim names ipcc 16/01/2007 additional complainants notified to IPCC MPS 27/01/2007 backdated (20/01/2007) letter sent by HOPS. rejected 27/01/2007 Authorisation for Scotland Yard to service complaints terminated. rejected 27/01/2007 Authorisation for HOPS to service complaints terminated. notification 27/01/2007 IPCC notified of MPS position (reasoned and evidenced objection has been made in relation to the appointment of the Metropolitan Police Service as the investigating authority This includes the fact commissioner Sir Ian Blair evidentially broke the Police Reform Act 2002 and lied to the public in relation to a police cover up surrounding the execution of Jean Charles de Menezes. Only two police forces have members of the NCS Service Authority, City of London Police and MPS.)
	Stuart Hyde (on appeal IPCC) initiated 04/06/2005 rejected 08/09/2005 West Midlands Authority appealed 09/09/2005 to IPCC no further communications from the IPCC at this time in respect of this crime report, however an additional complaint is being handled by Stuart Kilby of WMP legal relating to allegations that this police officer made wilfully false public statements. chased 12/11/2006 chased with David Petch (IPCC) acknowledged 16/11/2006 IPCC advises this is receiving attention ipcc 16/01/2007 additional complainants notified to IPCC
	Bill Hughes (upheld on appeal IPCC, SOCA are requesting reversal of this decision) initiated 14/11/2005 rejected 25/11/2005 by NCS Service Authority appealed 28/11/2005 to IPCC confirmed 07/12/2005 IPCC confirm receipt of appeal upheld 11/07/2006 David Petch at the IPCC upholds complaint for recording and investigation objection 22/07/2006 Clive Osborne, the Home Office barrister employed by SOCA to handle complaints, has raised objection on the basis that one of the evidenced allegations the complaints related to, exceeds an aging of 12 months. contested 24/07/2006 objections against Clive Osborne submitted contested 27/07/2006 legal objections against Clive Osborne submitted objection 02/08/2006 Clive Osborne has re-asserted objections to the crime reports based on the age of one of the allegations and formerly requested they are set aside contested 02/08/2006 legal objections against the position maintained by Clive Osborne submitted to David Petch at the IPCC problem 03/08/2006 the IPCC isn't sure which commissioner is in charge of the complaint objection 15/08/2006 David Petch at the IPCC requests the upheld complaint is withdrawn or SOCA objections contested contested 16/08/2006 IPCC legal objections maintained chased 12/11/2006 with David Petch (IPCC) acknowledged 16/11/2006 IPCC advises this is receiving attention ipcc 16/01/2007 additional complainants notified to IPCC ipcc 23/02/2007 IPCC rejects complaint on the grounds 12 months have elapsed ipcc 05/03/2007 Neil Rushmere at the IPCC re-asserts the decision of the IPCC It is concluded by complainants that avenues for internal remedy are now exhausted.

The internal report into the first two complaints at the IPCC was eventually obtained using the Data Protection Act 1998.

It should be noted, that the IPCC has a statutory duty to investigate the complaints in the circumstances presented and evidence of corruption within the IPCC relating to Nick Hardwick (chair), John Wadham (deputy chair), Mehmuda Mian Pritchard (NCS commissioner) and Adam Hinks (case officer) remains on file.

Adam Hinks, the contact point at the IPCC, has now left the IPCC.

The IPCC, the NCS SA, SOCA and the MPS made their own interpretation of the Police Reform Act 2002 in a clear attempt to subvert or destroy the crime reports. For this reason it has been necessary to evidence that the complainant is a victim in relation to issues raised by way of complaint. In the meeting when signed statements were submitted, the MPS withdrew all obstruction, accepting the complaints were generic, though the investigation would proceed on the basis of the existing remit, which was itself a product of an unusual interpretation of the PRA 2002. After a request was made for copies of the interview tapes, MPS broke off all contact.

As of 18/01/2006, Andrew Mulholland of the NCS Service Authority has:

- refused to appoint a new investigating authority, despite evidence and information supplied.
- refused to allow the opportunity to evidence authorisation to act for others in a manner that protects their personal security
- refused to provide Ruth Kelly with information relating to the safety, indeed lives of the public. Some indignation was expressed as this request was accompanied with legal advice.
- refused to investigate Bill Hughes in relation to evidenced serious criminal allegations and advised that he had heard nothing from the IPCC.

A number of specific problems were identified in relation to MPS conducting the investigation. A police officer in the chain of command of the complaints at MPS has been involved in promoting NCS and SOCA. A visible conflict of interest exists, as Mr Tarique Ghaffur is Assistant Commissioner of the Metropolitan Police and he is also a member of the NCS Service Authority, and is therefore a vested interest. He has also incidentally worked undercover for NCS itself. Additionally, evidence was presented to investigators that officers within the MET had broken the law, in an attempt to conceal the truth.

Originally, the complaints were legally contested (rejected) as a whole, based on interpretations of section 12 of the police reform act.

signed statements submitted

In a recorded interview, it has now been formerly accepted that the complaints are generic, represent every victim including all Orees, and they would now be investigated to the full extent of the remit, indeed, new evidence was submitted and accepted for forward investigation. The contentions raised by the use of selective sections and interpretations of the Police Reform Act 2002 in attempts to destroy, obstruct or limit the complaints, were completely withdrawn.

The remit was limited in scope compared to the overall allegations and evidence supplied, and objections remain on file at the NCS Service Authority in this regard. The remit does include critical issues in respect of Operation Ore and includes by way of referenced evidence, further allegations by way of criminality. As police officers, those involved in the investigation would have a duty to report on any issues of criminality that arise.

A public figure has agreed to take over the handling of the complaints, should this be necessary, appropriate or the choice of the victims. Part of the process is that the concluding report is provided to the complainant. The complainant has also offered to act as a witness in a US court in relation to Dallas Police, USPIS, the FBI and others, should appropriate indictments follow in the US.

the remit

(a) to investigate messenger’s written complaint against Mr Jim Gamble (Deputy Director General National Crime Squad [Temporary]), dated 29 May 2005, specifically in terms of:
(i) whether between 17 December 2002 and 14 April 2004 inclusive, Mr Gamble made statements to the BBC and to Parliament (as listed by messenger) that were false, in whole or in part, and known to be so by Mr Gamble at the time.

(b) To investigate messenger’s written complaint against Mr Trevor Pearce (Director General National Crime Squad [Temporary]), dated 31 May 2005, specifically in terms of:
(i) whether the written statement made to Parliament (as cited by messenger) on 7 December 2004 was false, in whole or in part and known to be so by Mr Pearce at the time.

(c) To determine whether Mr Gamble was acting in compliance with normal procedure in directing that independent forensic experts be denied access to the Landslide data received from the USA.

without prejudice

Whilst these complaints are intended to represent all victims by raising allegations of criminal conduct in relation to a number of senior police officers, this is entirely independent of any actions brought by individuals seeking restorative justice.