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Lancashire Police Investigation
Disciplinary
Hearing
On 27th of July 1994 Detective
Superintendent Gooch of the Lancashire Constabulary submitted his final report
(The Gooch Report) to the Police Complaints Authority.
His report was highly critical of the Merseyside Inquiry.
It revealed evidence overlooked and ignored by the Merseyside Officers. This was
evidence, which would have supported the proposition that Paula committed
suicide. It also alleged malpractice in the Merseyside Investigation.
Having received the Gooch Report, the PCA submitted the
file to the Director of Public Prosecutions, for the consideration of criminal
charges being brought against the Merseyside Police Officers.
On 31st of July 1994 the PCA took an
unprecedented step and issued a press
release indicating that the Gooch Report contained evidence, which
cast doubt on the safety of the conviction of Eddie Gilfoyle.
In November 1994 the DPP informed the Gilfoyle family that
there was insufficient evidence to provide a realistic prospect of securing any
criminal conviction against any Officer of the Merseyside Police Force.
The file was returned to the Chief Constable of the
Merseyside Police Force for the purposes of taking disciplinary action against
the Police Officers as recommended by the PCA. The Gilfoyle family were aware that
disciplinary action was recommended against 13 Merseyside Police Officers and
the majority of this disciplinary action would take the form of advice to the
Officers concerned regarding their conduct.
The specific nature of these charges and the details of the
mischief they related to were denied to Eddies Lawyers and to the Gilfoyle
family. This meant they were in a hopeless situation of not being able to use
the information in support of Eddies prospective appeal.
In August 1995 Eddies lawyers were disappointed that
disciplinary action had not yet taken place. Access was also denied to the Gooch
Report as the Chief Constable of Merseyside claimed Public Interest Immunity as
regards the report. A date in September had been given for Eddies appeal.
During the last week of August 1995, Eddies solicitors
were finally granted by the High Court access to a copy of the Gooch Report.
They argued that the disclosure of the report was in the interests of
justice.
However, the High Court
granted access only to an edited version of the Gooch Report. They ordered that
all matters relating to the conclusions and to the opinion of Superintendent Gooch
and his Officers must be removed. The report contained blank pages, gaps and
large paragraphs were edited out.
The defence were therefore denied access to
any important information that may have helped Eddie in his forthcoming appeal
against his conviction.
In September 1995,
Eddies appeal commenced and although the Appeal Court Judges had sight of the
Gooch Report, they stated that they would not allow any evidence to be deduced
from it within the appeal. They stated that this was because the Merseyside
Officers were subject to disciplinary proceedings not yet heard and that the
Chief Constable of Merseyside had not yet decided which officers were going to
be subject to discipline.
Eddies appeal lasted three days. It was then adjourned
until October 1995, pending the decision of the three Appeal Court Judges.
On 20th October 1995, the
Appeal Court issued their Judgement and Eddies appeal against his conviction was
dismissed by the three Appeal Court Judges.
One working day after the Judges dismissed Eddies appeal
the Chief Constable announced that disciplinary action would be taken against
the thirteen Merseyside Police Officers. Most would receive advice with regard
to their conduct.
But, disciplinary action, in the form of a Disciplinary
Hearing would be taken against Detective Superintendent Harrison, Detective
Chief Inspector Baines and Detective Constable Gregson for Neglect of Duty. In
the case of Detective Constable Gregson there would be an additional charge of
Falsehood and Prevarication. The Merseyside Police said that the Disciplinary Hearing was a private affair and refused to disclose any details in relation to the disciplinary charges. The Gilfoyle family had no idea what the neglect
of duty charges related to or what the falsehood and prevarication
charges related to.
During the early part of 1996, the Disciplinary
Hearing had still not taken place. Susan Caddick made a second complaint in
respect of a particular witness. This witness was interviewed by the Merseyside
Detectives during the initial police investigation in 1992. The complaint was
directed at Detective Chief Inspector Baines.
The witness in question was a catalogue courier. She had
alleged that she had sighted Eddie on the driveway of his house at 5.30pm on the
day of Paulas death and that Eddie had signed for a parcel. Eddie had told
the police that at this time he was at his parents home.
Susan Caddick alleged that this sighting was clearly wrong
and could be proved so by the documentary evidence. She alleged that the police
Conspired to Pervert the Course of Justice in that they improperly investigated
the evidence and knowingly misrepresented the evidence of this witness to the
court at the trial. The effect of this misrepresentation at the trial, made it
appear that Eddie was telling lies about his whereabouts on the day of his
wifes death.
Once again, the PCA supervised this complaint and a Senior
Investigating Officer from the Cheshire Constabulary was appointed. This
Cheshire Inquiry was a completely separate complaint against the Merseyside
Police and should have in no way held up the Disciplinary Hearing in relation to
the charges alleged against the three Merseyside Officers named by the PCA and
Superintendent Gooch in the Lancashire Inquiry.
On 26th September 1996 the PCA informed the
Gilfoyle family that the Chief Constable of Merseyside had promoted Chief
Inspector Baines to the rank of Superintendent. This was despite the fact that
the Cheshire Inquiry into the conduct of Baines had not yet concluded and no
Disciplinary Hearing had taken place against Baines and the other two Officers
named in the Lancashire Inquiry.
On 23rd October 1996 the Investigating Officers
Report, (Cheshire Constabulary), was received by the PCA who passed the file to the Chief Constable of Merseyside. The Chief Constable was to decide if the findings
contained in that report revealed any criminal offence as regards the conduct of
Superintendent Baines.
On 14th March 1997 the PCA informed Susan
Caddick that with regard to the Cheshire Police Inquiry part of her allegations
had been substantiated, although it was proposed that Superintendent Baines
receive advice from the Assistant Chief Constable of Merseyside. The PCA stated
that the Cheshire Police Inquiry revealed no evidence that any Officer
deliberately tampered with evidence in respect of the witness or the exhibits,
nor did they intentionally take steps to mislead the court and thereby Pervert
the Course of Justice.
In November 1997, the
Gilfoyle family learned that Superintendent Harrison, one of the Officers facing
the Disciplinary Hearing was about to retire from the Merseyside Police. This
would save him from having to attend and face any forthcoming Disciplinary
Hearing.
In late 1997/early 1998 the Home Affairs Select Committee
considering matters of public confidence regarding complaints
against the police highlighted Eddies case. The Disciplinary Hearing had
still not taken place against the three Officers named in the Lancashire
Inquiry. They said the delay in holding a Disciplinary Hearing was one of the
longest in the history of complaints against the police.
The Disciplinary Hearing took place in May 1998. It
took three years from the conclusion of the Lancashire Inquiry for the Chief
Constable of Merseyside to hold a Disciplinary Hearing and five years from when
the original complaints were made.
The Chief Constable of Merseyside heard the evidence at the
Disciplinary Hearing and dismissed all of the charges against Detective
Superintendent Baines and Detective Constable Gregson finding them not guilty on
all counts. Detective Superintendent Harrison did not face the charges at all as
he had retired from the Police Force before the hearing took place.
Incredibly, the mysterious appearance of the so-called
practice rope was not mentioned throughout the disciplinary hearing and
did not form any part of the charges.
Note: Guidelines
issued by the PCA, recommend that a Disciplinary Hearing should be arranged
within no more than three to four months following the conclusion of any
investigation.
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