The Queen (on the application of John Jeffrey) v The Independent Police Complaints Commission
| Jurisdiction | England & Wales |
| Judge | Lord Justice Irwin |
| Judgment Date | 27 January 2017 |
| Neutral Citation | [2017] EWHC 102 (Admin) |
| Court | Queen's Bench Division (Administrative Court) |
| Docket Number | Case No: CO/2811/2015 |
| Date | 27 January 2017 |
[2017] EWHC 102 (Admin)
IN THE HIGH COURT OF JUSTICE
ADMINISTRATIVE COURT
Royal Courts of Justice
Strand, London, WC2A 2LL
Lord Justice Irwin
Case No: CO/2811/2015
Susannah Stevens (instructed by Pattinson & Brewer Solicitors) for the Claimant
Alan Maclean QC (instructed by The Independent Police Complaints Commission) for the Defendant
Hearing dates: 28 – 30 June 2016
Introduction
This application for judicial review consists of a challenge to the investigation of complaints made by the Claimant to the Defendant, as to the Defendant's actions when investigating the Claimant, and the conclusions about that complaint. The matter is multi-layered, and has become complex in its detail.
The Claimant was, at the relevant period, a full-time Police Federation Representative. As such, he held welfare responsibilities for police officers – in particular Police Sergeant White and Police Constable Harratt – who were on duty in Brixton Police State on 21 August 2008. On that night, a man named Sean Rigg died there of a heart attack. Harratt and White gave evidence at the inquest. Suspicion arose as to collusion between Harratt and White over evidence in the inquest. The Defendant investigated. In the course of the investigation, IPCC staff came to suspect that the Claimant may have been part of the collusion. He was interviewed, arrested and on one occasion detained for about five hours. Subsequently, the Defendant concluded that no criminal proceedings against the Claimant should be commenced. PC Harratt was not in the end prosecuted, but PS White was eventually prosecuted for perjury, arising from his evidence at the Inquest. At the time of the hearing of this matter, his trial was proceeding. It was agreed that I would be unable to give judgment in the case until those criminal proceedings were concluded. They were concluded in November 2016, with acquittal on all charges against PS White.
In order to consider the Claimant's challenges, it is necessary to summarise the facts in stages, beginning with the events surrounding the inquest, then examining the IPCC investigation arising from the inquest, and concluding with the story of the Claimant's complaint, the IPCC investigation into the complaint, the report on the complaint and the consequences.
The Inquest
Since Sean Rigg died in police custody, the inquest was conducted before a jury. Sergeant White was the custody sergeant in Brixton Police Station at the relevant time, and PC Harratt was a probationary constable. Sean Rigg died of a heart attack in a police van in the police station yard. An important issue in the inquest was whether PS White visited him whilst he was in the van, to check on his welfare.
At a hearing in June 2012, leading counsel for the Rigg family successfully applied to the Coroner for a ruling that four officers, including White and Harratt, should be prevented from hearing each other's evidence. The application was made on the basis that the evidence of these centrally important witnesses might conflict, and that the direction sought was "necessary to reduce the risk" of contamination. The Coroner also ruled that the transcripts of evidence, which were being produced on a running basis, were not to be made available to that group of officers.
As would be expected, the Coroner gave repeated warnings to witnesses to the inquest not to discuss their evidence whilst giving evidence.
The inquest was set down for hearing over seven weeks. As often happens in a case of that length, the timing and duration of evidence was subject to change. The scheduling of these key witnesses was somewhat delayed, and they were again warned not to discuss their evidence. PC Harratt gave evidence on 9 July 2012. His account was that he was with Sean Rigg in the van as the vehicle travelled to Brixton. He then stated: "I remember Sergeant White came out to visit me in the van". At the end of his evidence on 9 July he was expressly warned by the Coroner not to speak to the other police witnesses. He was not released as a witness, and was directed not to attend Court until he was recalled or released.
PS White was called on the following day, 10 July. He gave evidence that:
"I think I went to the van and I think I looked into the van".
In cross-examination just before the lunch break on 10 July, it was suggested to PS White that he was:
"…a liar. You never once left and went to the van, as will be shown on the CCTV when we resume at two o'clock."
Following the short adjournment, the CCTV was played to the witness, and demonstrated that he had never visited the van. He agreed, in the face of the video, that he had never gone to the vehicle, and had therefore never made an assessment of Mr Rigg.
On 11 July, Counsel indicated that the key police witnesses, including PC Harratt, would be required to return to the witness box. That was arranged for 19 and 20 July. The Coroner was informed on 19 July of the arrangements, including the fact that all four were positioned in four separate police stations, clearly to avoid the risk (and the suspicion) of discussion and contamination.
Mr Harratt returned to the witness box on 20 July. On this occasion, when asked in evidence in chief who came to the van, PC Harratt replied:
"Possibly Sergeant White, I am not entirely a hundred percent sure of that."
In cross-examination he was pressed on the point and the inconsistency between his original evidence and his current uncertainty. He continued to say he was uncertain. He appeared to give no coherent explanation for his change of evidence. He denied he had spoken to anyone about his evidence.
The concern arose that the apparent convergence of the evidence of Harratt and White arose from collusion, which would of course have constituted a breach of the coroner's direction that there should be no communication between the officers. At the conclusion of the inquest, the matter was referred to the Defendant by the Metropolitan Police Service ["MPS"].
The Claimant's Role
As I have said, the Claimant was the Police Federation Representative for both Sergeant White and PC Harratt. He was a senior police constable towards the end of his career, who was by then acting full-time as a Federation Representative. His role was to support both officers through the inquest, giving moral and practical support to them. In fact, for some of the time the Claimant went away on holiday, leaving the country on 20 July during the continuing hearing before the coroner. He returned on 13 August, leaving again from 17 to 31 August. In his absence, his role was filled by another Federation representative.
It is critical to the Claimant's position that it was at all stages legitimate for him to be in contact with the two key officers, as their Federation Representative. At one point counsel argued that the position of a Federation Representative is to be compared with that of a solicitor, a proposition which, in my judgment, is ill-founded for a number of obvious reasons. It is however a proposition which it is unnecessary for the Claimant to establish. The role of a Federation Representative is important. The provision of welfare and support means that frequent contact with officers through a difficult case may be perfectly proper, provided of course that no improper communication takes place. The latter point is common ground.
I note before proceeding further: it may be that careful thought should in future be given in circumstances such as arose here, whether it is wise that the same Federation Representative should maintain contact with police officers who are forbidden to communicate with each other through the crucial phase of a case.
The IPCC Investigation
The IPCC Terms of Reference were set on 6 August, to investigate the circumstances of the provision of evidence from PS White, extended on 9 August to include the evidence from PC Harratt. On 16 October 2012, Mr White was interviewed under caution. He gave a prepared statement denying any wrong-doing and replied "I have nothing further to add" to all questions asked. His prepared statement advanced an account as to why he had given evidence that he had gone to the back of the van when CCTV showed that he had not. Sergeant White was not asked about whether he had spoken to anyone during the inquest about his evidence.
On 17 October 2012, PC Harratt was interviewed under caution. He, too, gave a prepared statement dealing with his evidence. He answered all further questions with "I have nothing further to say". He served a second prepared statement in which he stated:
"I did not speak to [White] between 9 and 20 July 2012. I gave evidence on 9 July. On 11 July I was contacted by John Jeffrey, my fed rep, who told me that the coroner required me to come back to give evidence."
On 21 November 2012, the Defendant's terms of reference was further amended to include an enquiry as to whether PC Harratt had discussed his evidence with anyone between 9 and 20 July. It is clear from the relevant "policy entry" that this was prompted by Harratt's confirmation that he did speak to the Claimant in the period 9–20 July.
On 27 November, the Defendant's investigator Miriam Davies concluded that there was "an indication of potential misconduct … for PC Jeffrey, specifically that he may have discussed PC Harratt's evidence with him" at the relevant time. Her reason is recorded:
"PC Jeffrey is the only person identified by PC Harratt [as having been spoken to by Mr Harratt]. PC Jeffrey is likely to have been in the coroner's court when PS White gave his evidence."
Following discussion with the MPS, Ms Davies recorded that the severity...
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