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Final Report of the Morris Inquiry: The Case for Change

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THE CASE FOR CHANGE<br />

10.43 In essence <strong>the</strong> MPS has argued that a Gold Group was <strong>for</strong>med in this case<br />

because “<strong>the</strong> investigation <strong>of</strong> a senior police <strong>of</strong>ficer, regardless <strong>of</strong> race or gender, has <strong>the</strong><br />

potential <strong>for</strong> a significant impact on a community”. We do not agree that <strong>the</strong> seniority <strong>of</strong><br />

<strong>the</strong> <strong>of</strong>ficer concerned, in itself, would necessarily lead to a significant impact on a<br />

community, although we can see that Superintendent Dizaei’s race may well have<br />

been an issue.<br />

10.44 From <strong>the</strong> evidence we have considered, we can see that <strong>the</strong>re was a point in<br />

<strong>the</strong> investigation into Superintendent Dizaei when a Gold Group could have been<br />

established appropriately, to advise on <strong>the</strong> possible impact on <strong>the</strong> community <strong>of</strong><br />

<strong>the</strong> arrest <strong>of</strong> such a senior and high pr<strong>of</strong>ile minority ethnic <strong>of</strong>ficer.<br />

10.45 However, our concern is <strong>the</strong> involvement <strong>of</strong> <strong>the</strong> Gold Group in <strong>the</strong> strategic<br />

management <strong>of</strong> <strong>the</strong> investigation, which is <strong>the</strong> role <strong>of</strong> senior <strong>of</strong>ficers in DPS.<br />

10.46 Under <strong>the</strong> current disciplinary system as operated by <strong>the</strong> MPS, investigations<br />

into <strong>the</strong> alleged misconduct <strong>of</strong> an <strong>of</strong>ficer below ACPO rank are <strong>the</strong> responsibility <strong>of</strong><br />

DPS. <strong>The</strong> MPS argues that a Gold Group is <strong>for</strong>med to streng<strong>the</strong>n decision-making<br />

and accountability. In our view, <strong>the</strong> use <strong>of</strong> a Gold Group in this case only served to<br />

blur <strong>the</strong> lines <strong>of</strong> decision-making and accountability.<br />

Policy File / Decision Log<br />

10.47 We have already noted our concern about <strong>the</strong> failure <strong>of</strong> DPS always to<br />

maintain a proper written record <strong>of</strong> decisions made during <strong>the</strong> course <strong>of</strong> an<br />

investigation. For Operation Helios, a policy file was maintained but, as our<br />

investigators highlighted, it failed to document key decisions:<br />

“<strong>The</strong> decision not to in<strong>for</strong>m [Superintendent Dizaei] is outlined in decision log 1 on 29<br />

January 2000 and reviewed at decision log 18 on 14 February 2000 and again at log 20 on<br />

28 February 2000. In each case <strong>the</strong> reason not to do so relates to <strong>the</strong>re being an ongoing<br />

criminal investigation, which was likely to be jeopardised should Superintendent Dizaei have<br />

become aware <strong>of</strong> its existence. <strong>The</strong> policy log fails to go into any detail as to how it is thought<br />

he would place <strong>the</strong> investigation in jeopardy. …<br />

“With regard to <strong>the</strong> arrest <strong>of</strong> Superintendent Dizaei in May 2001 <strong>the</strong> review has had sight <strong>of</strong><br />

an MPS document headed ‘Operational Strategy’. This document is undated, but it has clearly<br />

been prepared around <strong>the</strong> time that <strong>the</strong> operation was moving from <strong>the</strong> covert to overt<br />

stage. Contained within this document is a paragraph, which reads,‘Mozart [code name <strong>for</strong><br />

Superintendent Dizaei] will not be arrested at this stage, <strong>the</strong> evidence to justify doing so is weak’.<br />

No fur<strong>the</strong>r record or Decision Log entry has been made by <strong>the</strong> SIO to justify a change <strong>of</strong> stance<br />

when in fact <strong>the</strong> evidence against him was no stronger.” (Independent investigators’ report.)<br />

244

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