Final Report of the Morris Inquiry: The Case for Change

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THE CASE FOR CHANGE 10.126 The policy file in relation to this investigation was inadequate and unprofessional. As a consequence, the MPS was unable to give sufficient justification to its actions when they were challenged in the Employment Tribunal. 10.127 We agree with the following criticisms made by our independent investigator: “The policy file in this case was loose leaved, contained in a ring binder and, with the exception of the first seven entries, was not consecutively numbered. These deficiencies together with the failure by the investigating officers to record important decisions and the rationale behind them had the effect of making it difficult for them to justify their decisions during the Employment Tribunal Hearings and for senior managers of the MPS to defend the actions of their staff … “Because the use of a PolSA in these circumstances is highly unusual I would have expected that a decision log entry would have been made outlining the reasons for using one in the case of PS Virdi. No such log exists and there is no reason shown in the Operational order prepared for the arrest and search of PS Virdi’s home … “The issue of staffing of the investigation is not addressed in the policy file … “However this was only one hypothesis. There were others. For example the documents could have been created on another IT system (there was nothing on the documents themselves which indicated where they had been created or produced) and brought to a police station and placed into the internal mail system. This may well have been considered by the investigators but again there is no acknowledgement in the policy file that other theories existed, that they were explored or tested and that they were dismissed on the basis of the evidence uncovered.” (Independent investigator’s report.) Investigation process 10.128 Criticisms have also been made of the investigatory process in this case, and the lack of policy file entries gives the impression that insufficient rigour was applied to important decisions made during the course of the investigation: “The nominating of a suspect on an enquiry is one not taken lightly. There is a need to identify a criteria to apply to a suspect to see if they can be eliminated from an enquiry for instance by means of an alibi or through forensic evidence.This criteria should be the subject of a policy entry. The lack of such an entry means that there is no evidence of a methodical approach being applied to the Implication or Elimination of any of the suspects in this case. This led to confusion about who was and was not a suspect at a particular time and raised the question about why one suspect was interviewed whilst under arrest and had their house searched whilst the other was not subjected to these processes.” (Independent investigator’s report.) 268
LESSONS FOR THE FUTURE Delay 10.129 One aspect which is of particular concern for us is the length of time the investigation took, in particular the delay involved in arranging a disciplinary hearing: “Delay was a factor in my case. I wanted the matter to be resolved as quickly as possible in order that I could go back to work and limit the damage done within the Asian community. Delay started on the day of my arrest, after carrying out lengthy searches at different locations – the investigation team put me in front of [redacted] to be suspended and released on police bail without being interviewed. I was then interviewed and rebailed on several occasions. These delays kept on going for two years.The federation representatives and solicitors made an application on my behalf to adjourn the disciplinary hearing. I was completely against this move as it meant more delay. I could not go to the Employment Tribunal until this hurdle (disciplinary hearing) was completed.” (Submission from Detective Sergeant Virdi.) 10.130 Whatever the reasons for the delay (and we have received several explanations for this), we agree that: “It is totally unacceptable for 10 months to elapse from the time a decision is made to hold a discipline board until the date when it is actually held. The strain on the officer and his family must have been immense.” (Independent investigator’s report.) Arrest 10.131 We were surprised to discover that Detective Sergeant Virdi was not interviewed on the day of his arrest, although his home was searched with a PolSA (Police Search Adviser) team with consequent distress to his family. This, and similar examples of officers being arrested without being immediately interviewed, leaves DPS open to the allegation that its officers arrest suspects so that it can make use of the provisions of Police and Criminal Evidence Act 1984 to search the homes of arrested suspects, in a situation where there is insufficient evidence to justify the obtaining of a search warrant. This in turn could suggest that arrest is used so that it can go on a ‘fishing expedition’ for evidence, a practice with which we are far from comfortable. 269
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THE CASE FOR CHANGE PEOPLE IN THE M
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Sir William Morris OJ Chair of the
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Anesta Weekes QC 1981 Called to the
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CHAIR’S FOREWORD approach we were
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THE CASE FOR CHANGE that it is nece
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THE CASE FOR CHANGE catastrophic. T
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THE CASE FOR CHANGE investigations
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THE CASE FOR CHANGE 1.52 However, t
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THE CASE FOR CHANGE Procedures. The
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THE CASE FOR CHANGE iv. candidates
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THE CASE FOR CHANGE 36. That where
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THE CASE FOR CHANGE “The primary
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THE CASE FOR CHANGE 2.14 The people
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THE CASE FOR CHANGE The employment
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THE CASE FOR CHANGE misconduct. For
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THE CASE FOR CHANGE 2.67 As an exam
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THE CASE FOR CHANGE 2.76 They are e
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THE CASE FOR CHANGE certainty of di
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THE CASE FOR CHANGE “The sledgeha
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THE CASE FOR CHANGE “The MPS does
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THE CASE FOR CHANGE Complaints and
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THE CASE FOR CHANGE 3.62 The Police
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THE CASE FOR CHANGE How will our pr
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THE CASE FOR CHANGE 3.88 As the man
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THE CASE FOR CHANGE 3.103 We agree
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THE CASE FOR CHANGE We recommend th
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THE CASE FOR CHANGE “Staff will j
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THE CASE FOR CHANGE The role of the
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THE CASE FOR CHANGE 4.21 Good manag
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THE CASE FOR CHANGE 4.43 The Divers
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THE CASE FOR CHANGE grievance, the
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THE CASE FOR CHANGE [the Fairness a
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THE CASE FOR CHANGE 4.77 The Trades
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THE CASE FOR CHANGE ● An ‘inter
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THE CASE FOR CHANGE process without
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THE CASE FOR CHANGE money. Whatever
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THE CASE FOR CHANGE 5.47 It appears
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THE CASE FOR CHANGE 5.60 We welcome
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THE CASE FOR CHANGE 5.72 Indeed, in
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Chapter Summary GOVERNANCE, ACCOUNT
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GOVERNANCE, ACCOUNTABILITY AND SCRU
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THE CASE FOR CHANGE “Integrity is
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THE CASE FOR CHANGE the role of DPS
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THE CASE FOR CHANGE “My personal
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THE CASE FOR CHANGE networked group
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THE CASE FOR CHANGE people are too
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THE CASE FOR CHANGE 7.58 The report
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THE CASE FOR CHANGE 7.69 We conside
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THE CASE FOR CHANGE 7.94 One of the
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THE CASE FOR CHANGE by DPS investig
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THE CASE FOR CHANGE We recommend th
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THE CASE FOR CHANGE Treating all th
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THE CASE FOR CHANGE 7.128 As a matt
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THE CASE FOR CHANGE 7.135 We unders
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THE CASE FOR CHANGE task of the Inv
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THE CASE FOR CHANGE 7.160 In their
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Chapter Summary This chapter deals
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THE CAPACITY TO DELIVER ● “Is a
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THE CAPACITY TO DELIVER Figure 12 P
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THE CAPACITY TO DELIVER that early
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THE CAPACITY TO DELIVER We recommen
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THE CASE FOR CHANGE “Training for
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Final Report of the Morris Inquiry: The Case for Change

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