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Final Report of the Morris Inquiry: The Case for Change

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LESSONS FOR THE FUTURE<br />

and her family. Throughout <strong>the</strong> remainder <strong>of</strong> 2000 up until <strong>the</strong> point when Superintendent<br />

Dizaei was suspended from duty <strong>the</strong> PSI continued to be authorised. <strong>The</strong> review has<br />

examined various documents covering this period <strong>of</strong> time and in summary <strong>the</strong> quality <strong>of</strong> <strong>the</strong><br />

evidence obtained could best be described as limited and as such <strong>the</strong> continued justification<br />

<strong>for</strong> this facility is questionable.”<br />

10.25 We refer below to our concerns about <strong>the</strong> way in which <strong>the</strong> MPS used <strong>the</strong><br />

LAG in this investigation. It is worth noting here, however, that <strong>the</strong> MBPA attributes<br />

failings in this respect to <strong>the</strong> lack <strong>of</strong> strategic grasp <strong>of</strong> <strong>the</strong> investigation which we<br />

have identified more generally:<br />

“We believe that many <strong>of</strong> <strong>the</strong> decisions that were made and actioned during this investigation<br />

can only be explained by reference to <strong>the</strong> fact that no one <strong>of</strong> sufficient seniority or<br />

independence was carrying out <strong>the</strong> necessary checks and balances required in order to<br />

prevent what we consider to have been a serious manipulation <strong>of</strong> <strong>the</strong> original IAG concept.”<br />

(Submission from <strong>the</strong> MBPA.)<br />

10.26 <strong>The</strong> MPS has pointed out that, in addition to <strong>the</strong> surveillance reviews,<br />

management reviews were conducted by a number <strong>of</strong> very senior <strong>of</strong>ficers and that<br />

<strong>the</strong> evidence does not support that those senior <strong>of</strong>ficers abdicated responsibility <strong>for</strong><br />

intervening in <strong>the</strong> case.<br />

10.27 Notwithstanding this, our overall impression <strong>of</strong> <strong>the</strong> investigation from <strong>the</strong><br />

evidence we have seen has led us to concur with <strong>the</strong> views <strong>of</strong> <strong>the</strong> IPCC in this respect.<br />

10.28 This lack <strong>of</strong> co-ordination <strong>of</strong> <strong>the</strong> investigation is, we consider, exemplified by<br />

<strong>the</strong> sequential way in which <strong>for</strong>mal notices <strong>of</strong> alleged misconduct (Regulation 9<br />

Notices) were served on Superintendent Dizaei:<br />

“On <strong>the</strong> 18 January 2001 when Superintendent Dizaei was suspended he was served with a<br />

Regulation 9 Notice, which gave general details <strong>of</strong> eleven allegations, which were under<br />

investigation. Over <strong>the</strong> following months <strong>the</strong>re were a fur<strong>the</strong>r five occasions when regulation 9<br />

notices were served although it was not until <strong>the</strong> 10 and 11 July 2001 that Superintendent<br />

Dizaei was interviewed about any <strong>of</strong> <strong>the</strong> allegations.” (Independent Investigator’s report.)<br />

10.29 <strong>The</strong> MPS has commented that Regulation 9 Notices were served on<br />

Superintendent Dizaei at times and locations convenient to him to minimise<br />

potential distress. It also contends that one delay in serving some Regulation 9<br />

Notices in 2001 was “due to intelligence being turned into evidence once <strong>the</strong> investigation<br />

became overt … It needed that 6 months to develop <strong>the</strong> intelligence.<strong>The</strong> investigation<br />

wanted to avoid unnecessary service <strong>of</strong> Regulation 9 notices until <strong>the</strong> picture was clearer.”<br />

10.30 Our investigators’ conclusions are somewhat different:<br />

“What this staged service has left <strong>the</strong> MPS open to is <strong>the</strong> allegation that it was designed to<br />

inflict <strong>the</strong> most stress and anxiety on Superintendent Dizaei. Similarly that <strong>the</strong> service <strong>of</strong> <strong>the</strong><br />

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