Open Letter to Julia Mulligan – PCC for N Yorks
July 28, 2016
Open Letter to Julia Mulligan – PCC for North Yorkshire
We have met twice over the past two years and conducted discussions
amicably on topics connected with your role as Police and Crime
Commissioner for North Yorkshire and the City of York.
Particularly, related to the oversight of the Chief Constable that
forms one of the three core strands of responsibility of a Police
Commissioner. The other two being, of course, firstly, setting a budget
and, secondly, agreeing a Policing Plan with the force.
I write to you in connection with the recently concluded Operation
Hyson, and its predecessor investigation, Operation Rome, which engages
two of those key strands, oversight and budget, and remind you that the
ground upon which you persistently stonewalled any previous questions –
‘it may prejudice an on-going legal case’ – has now fallen away.
The following public interest questions, therefore, are now put to
you in open letter and you are most cordially invited to respond in the
- When you were elected in November 2012, were you made aware by the
Chief Constable of the attempts by North Yorkshire Police to silence two
citizen journalists via criminal prosecution by way of Operation Rome?
- Did you know that one of the two journalists, Nigel Ward, was not
contacted by police, even once, during a two-year investigation into the
allegations of harassment?
- Will you please publish the Operation Rome investigation report
(suitably redacted to protect personal information) in the interests of
openness and transparency?
- Who was the driving force within NYP for those failed prosecution attempts?
- Was that same officer the lead for converting an inept and,
ultimately, failed criminal investigation into a publicly-funded civil
- Did you ever read the pleadings in the civil court case and satisfy
yourself that the inclusion of Nigel Ward in the claim was merited on
- I have asked you repeatedly if you had read the papers but you
claimed it would prejudice the case if you answered ‘yes’ or ‘no’. Do
you stand by that as a credible rationale, bearing in mind this was a
civil court claim heard before a single (very senior) judge?
- Eight claimants, including CC Jones, DCC Madgwick, C/Supt (now ACC)
Winward, held Mr Ward in the claim until only one month before the trial
despite having no evidence, whatsoever, against him. Will you be
holding CC Jones to account over this conduct and, particularly, the
grotesque waste of public money as once costs issues are resolved –
either between the parties or by the court – it is very likely to mean a
further significant drain on police funds?
- Whilst the matter of costs is also still extant in the case of the
ninth claimant, your long term political ally Jane Kenyon-Miller, these
are likely to be very substantial – and another scandalous waste of
public money. Will you also be holding the Chief Constable (or Acting
Chief Constable as the case may be) to account over the decision to take
the matter to a final hearing on 26th July, 2016 (from which I reported), against the judge’s specific advice at an earlier hearing on 7th July, 2016 (at which I was also present) for both parties to seek a compromised settlement?
- Will you be holding the Chief Constable to account over the fact that he was funding no less than seven
lawyers, including a QC, to be present at the final hearing (albeit two
of those were trainee solicitors) representing Jane Kenyon-Miller, a
member of the public, in what was, after all, an uncomplicated County
Court claim between two members of the public?
- Please explain your rationale for continuing to sanction the Acting
Chief Constable’s public funding of Mrs Kenyon-Miller, an independently
wealthy individual, in her claim against Mr Ward, a penniless pensioner,
after the other eight Operation Hyson claimants (including the Acting
Chief Constable himself) had, belatedly, discontinued their claims?
- Please also explain your rationale for sanctioning the spending by
A/CC Madgwick of what may well be around £20,000 of public money on a
failed, largely misconceived application hearing held on 7th
July, 2016 at which (i) permission was sought to access emails and text
messages of Mr Ward and myself (ii) criminalise myself and Mr Ward over
alleged contempt of court?
- Will you be holding Acting Chief Constable Madgwick fully to
account over the false evidence he gave in his witness statement in the
civil claim – and the manner in which he conducted himself when publicly
challenged over some of it?
- Will you be holding your own employee, Temporary Force Solicitor
Jane Wintermeyer, similarly to account over why significant parts of her
witness evidence concerning Mr Ward were palpably false, the rest of it
concerning Mr Ward of little apparent evidential value?
- Finally, will you be holding the Chief Constable to account over the
smears he caused to be published against Mr Ward in local and regional
newspapers suggesting that he – in concert with the two other defendants
– persistently harassed ALL nine of the claimants in a most unpleasant
manner? The finding of the court is that he has not harassed ANY of the
I look forward to your response.
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