The release of parts of the confidential Wiltshire Police Report

1240/5(5302)

WRITTEN QUESTION TO THE MINISTER FOR HOME AFFAIRS BY THE DEPUTY OF ST. MARTIN

ANSWER TO BE TABLED ON TUESDAY 20th APRIL 2010

Question

"The Minister has stated that he can justify the release of selected parts from the confidential Wiltshire Police Report on the grounds that the suspended Chief Officer of the States of Jersey Police and his supporters have carried out a concerted campaign to put the whole case in the public domain, if the Minister is of that view will he inform Members what information from the confidential report has been put into the public domain by the suspended Chief Officer and what action, if any, the Minister has taken in response?"

Answer

It is my opinion that during the working week commencing on 15th March 2010, there was a concerted campaign on behalf of the Chief Officer of the States of Jersey Police to put into the public domain the main elements of the said Chief Officer's case.

During the first few days of that week I became aware of the following:-

1. That the first andsecond reports of the ACPOHomicideWorking Group were put into the publicdomain both on websites and by virtue ofthe Deputy ofStMartinmakingpubliccomment thereon on various news media.
2. That transcripts of the private hearingswhich I conducted in relation to thesuspensionof the Chief Officer of Police inFebruaryandMarch2009appearedon various websites. The transcript was only available tothe Chief Officer of Police, theSeniorPersonnel Officer who had causedthe transcript to beproduced, the Royal Court, beforewhom parts ofthe transcript had been putduring the Judicial Reviewhearingsin 2009 and the people who produced the transcript.
3. A documentwhich purported to be a resumeof the issues which were raised by the Acting Chief Officer of Police in his letter dated10thNovember 2008 to the Chief Executive to the CouncilofMinisterstogether with detailed comments thereon whichwere attributed toDoctorTimothyBrainalsoappeared on various websites. DoctorTimothyBrainisthe former Chief ConstableofGloucestershirewho has been acting as a representative of the Chief Officer of Police. That document, if genuine, could only have come from a person whowas acting astherepresentativeof the Chief Officer of Police.
4. At the same time, therewas a very high profile media campaign fronted bythe Deputy of St Martin to put into the public domain:-

( a ) the major parts of the Chief Officer of Police's case;

( b ) c ri t icism of the handling both of the original suspension hearing and of the suspension hearings

conducted by me; and

( c ) c ri ti cism of the role played by the Acting Chief Officer in relation to the original suspension of the

Chief Officer of Police.

It is my opinion that where matters are put into the public domain that they then cease to be confidential. Furthermore, if they are put into the public domain by or on behalf of an individual who is a party to a confidentiality clause then that individual effectively waives confidentiality in relation to those matters. It would, in my view, be absurd to suggest that a party to a confidentiality agreement could put matters of information and opinion into the public domain whilst other parties to that agreement where forced to remain silent due to the confidentiality clause.

Furthermore, once matters which are of important public interest are placed in the public domain I then have a duty, in the public interest, to ensure that the public are not being misled by virtue of a one sided view of matters being put forward. The judgement as to exactly where the balance lies between the public interest in information being available on the one hand and the application of the confidentiality clause on the other hand is a fine balance which requires difficult decisions to be made.

I do not think that I have stated that I can justify the release of selected parts from the confidential Wiltshire Police reports as alleged in the Question. My opinion is that where particular facts or issues are placed in the public domain and particularly where they are placed there on behalf of the Chief Officer of Police, I am able properly to comment thereon. In my view, whether in so doing I am able to release parts of the Wiltshire Police report or the essence thereof in a matter of fine judgement.

I do not believe that I have ever alleged that the Chief Officer of Police has put information from the Wiltshire Police reports into the public domain.  What I am saying is set out above.