Police let down by its politicians
Wednesday 29th July 2009, 2:40PM BST.
ISLANDERS, looking at the case of a copper required to resign for the way he handled the non-arrest of a grandmother who hadn’t committed an offence, must be wondering how much more this fiasco is going to cost them now that a claim for damages has been launched.
How much worse could the Home Department have made this if only it had really tried?
What happened to 65-year-old Rosemarie Holt was wrong. That was confirmed by the Magistrate’s Court and reaffirmed on appeal.
So PC Stuart Allan was out of line. Should he have been disciplined as a result? An investigation by his own colleagues followed by a disciplinary hearing chaired by a senior officer from the Devon and Cornwall police decided that he should be required to resign – one step down from being dismissed.
So far so good. Due process was observed and if a decent, dedicated ex-Royal Navy officer turned constable had slipped, there was a price to pay, even if some might deem it harsh.
But it is what has happened since that has turned an unfortunate incident into a political and reputational disaster.
Two politicians and a lay member of Home have now been judged by the Crown Officers not to be an inquorate meeting of the department but a semi-judicial body and therefore capable of overturning the professionals’ considered decision in this complex affair.
That, of course, makes matters worse. Politicians meddling is one thing. Aggrandising the panel as a quasi-judicial body quite another.
That raises human rights issues, because fair trial requirements demand that the reasons for the outcome have to be published and they have not. Courts of appeal will not set aside judgements of a lower court simply because they would not have reached the same conclusion.
There have to be substantial reasons to justify interference. If so, what are they?
And did PC Allan ever actually leave the force? Has the taxpayer been paying for him to stay at home while this sorry charade played out? What has all this cost?
Home’s refusal to answer key questions is craven – and further evidence of how the politicians have bungled this affair.
The professional force deserves better from its deputies.
Campaigns
Voice For Victims
Voice for Victims is a campaign aimed at promoting the rights of those affected by child sexual abuse.
This is Guernsey
Guernsey Press
The last sentence is wrong.
It should read “The professional force deserves better from the Guernsey Press”.
Report abuse
Stephen John:
I have been following your posts on the reports on this case and totally agree with your stance. I hope, to god, that I am never in Guernsey Press’ sights.
What ever kind of gutter press is this? Sadly, I no longer buy the Guernsey Press and know of many people who feel the same way. Surely we, and especially people like PC Allen, deserve better from our ‘leading journalists’?
Report abuse
I am a long time friend of Mrs Holt and know that she is one of the nicest and kindest people. When the incident happened with PC Allen she was so shocked at his behaviour and her reason for reporting him was not so much for herself but to make sure that he would not be allowed to continue to treat others in this way. This has really taken its toll on her and she wishes she could turn back the clock and it had never happened and wishes that all this could just be over. I think instead of people knocking her she should be admired for standing by her convictions and showing that treating people with disrespect is not to be allowed.
Report abuse
I am a long time friend of Stuart Allen and know that he is one of the nicest and kindest people who has been commended in the past for his services to the public. When the incident happened with PC Mrs Holt he was so shocked at her behaviour and his reason for not arresting her was so he could give her a warning to make sure that she would not be allowed to continue to drive and act in such an unruly way. This has really taken its toll on him and he wishes he could turn back the clock back and I suspect he wishes he had arrested her for the offences she had committed. I think instead of people knocking him he should be admired for trying to enforce the law for public safety, and the disrespect that he was treated with by a screaming Mrs Holt should not be allowed.
Report abuse
Sarcasm is the lowest form of wit
Report abuse
Kimberley
No doubt Mrs Holt will get over her trauma when she has screwed a few thousand out of the taxpayer
Report abuse
Kimberley
I’m not being sarcastic, I’m being serious. Stuart Allen is an exceptionally nice person who is liked by everyone. Mrs Holt took advantage of the situation she created and poor PC Allen made a procedural mistake. Mrs Holt has shown her true colours by trying to sue, and poor PC Allen is her fall guy. He has been commended for his services to the public and this is well deserved. Mrs Holt is an entirely different kettle of fish and I am personally glad she is your friend and not mine.
Report abuse
Kimberley, I think you’ll find that imitation is the sincerest form of flattery….
Report abuse
This article has to be one of the most inaccurate and twisted pieces of journalism that I have read in a long time.
The due process that the writers purports to advocate was that the decisions of the original tribunal were subject to review by the review body. Whether it is right that this review body be made up of politicians and a lay member is a separate question. You cannot criticise a body for doing the job that it is charged with. The politicians were not “meddling”, they were the next step in the due process. Of course they fulfil a semi-judicial role in those circumstances.
And the point about Human Rights is nonsense. Not all appeals are conducted on the basis of only overturning the first decision for an error in law. Reviews of tribunals are often conducted on the basis of reasessing the entire decision.
GP – get your facts right and get a better understanding of the law before you start meddling in affairs of which you have a pitiful level of appreciation.
Report abuse