Final Report of the Morris Inquiry: The Case for Change

LESSONS FOR THE FUTURE
10.37 We accept, of course, that, in reaching this conclusion, the Recorder
considered the conduct of the investigation. However, his task was very
different from ours. He was asked to consider whether the prosecution of
Superintendent Dizaei constituted an abuse of process. We accept his finding
that it did not.
10.38 Notwithstanding this, we remain concerned about a number of features of
the investigation which we consider to be disproportionate. The IPCC also
expressed concerns about disproportionality: “The disproportionate resources given to
the covert surveillance of Supt Dizaei and the many lines of investigation that were pursued to
no avail have in our view been a contributory factor in the excessive delays that compromise
this case as an example of justice throughout its history.”
(Decision of the IPCC Review Panel.)
10.39 It is certainly difficult to understand, given the allegations made against
Superintendent Dizaei of which we are aware, how, for example, the following
situation could have been justified:
“My eating habits were of particular interest to my accusers. I think in the region of ten
statements were taken in the local restaurants I ate at to see whether I ate halal meat. A four
page statement was taken from the canteen manager as to whether I eat curry on a Thursday.
I say no more.” (Evidence of Superintendent Dizaei.)
10.40 In short, from the evidence we have seen, we consider that there was a lack
of strategic direction resulting in a failure to apply a robust objective analysis which
we think DPS should apply to all investigations.
“I think it is only proper and appropriate that a complaint against a police officer should be
investigated, but that is said with the proviso that it is equally incumbent on the investigator to
use rational judgment, fairness and unbiased criteria in investigating that complaint.”
(Evidence of Superintendent Dizaei.)
Gold Group
10.41 We are concerned about the way in which the MPS used a Gold Group in
relation to Operation Helios. As we understand it, in the MPS, Gold Groups are
formed when there is a ‘critical incident’. The definition in the MPS’ Investigation
of Critical Incidents Manual (2002) is “any incident where the effectiveness of the police
response is likely to have a significant impact on the confidence of the victim, their family
and / or the community.”
10.42 In passing, we note that there has been no general agreement to this
definition being extended to apply to cases such as Operation Helios.
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