Important Information Requested for High Court on 28th August 2008(August 19, 2008)
I have looked out a series of emails from CI Andrew MacLean which I believe clearly set out his position in relation to the criminal complaint made to Northern Constabulary in October 2007. If you are in any doubt I will also send my record of the meeting held on 21 March 2008 in which CI MacLean sets out the parameters of his investigation, who is to be interviewed and the steps he may consider in relation to securing evidence. Given the seriousness of these criminal allegations it is simply not good enough for Mr Dunn to dismiss them never having seen the evidence. Given that CI MacLean is confirming to Mr Dunn the investigation never happened he appears to have deliberately misled me into believing it would happen or someone has prevented CI MacLean from completing his investigation as he intended. It also leaves the situation were the evidence that convinced CI MacLean to start interviewing Sheriff Principal Sir Stephen Young, Sheriff Derek Pyle, Justice Simon Fraser et al remains to be independently scrutinised to establish its veracity before the SCCRC referral is heard at the High Court on 28 August 2008.
I look forward to the Justice Ministers intervention as a matter of urgency.
----- Original Message -----
From: Maclean, Andrew
To: 'Stuart Hunt'
Sent: Friday, January 18, 2008 10:11 AM
Subject: RE: Criminal complaint (NOT PROTECTIVELY MARKED)
This email has been classified as NOT PROTECTIVELY MARKED
No, I am not saying Northern Constabulary cannot investigate this complaint.
As I tried to explain at our meeting, your complaint involves criminal allegations against police officers therefore according to procedures for dealing with criminal allegations against police officers such allegations require to be referred to the Area Procurator Fiscal in the first instance. I required to review your previous complaints made against police officers to ascertain whether the points you were raising had already been dealt with or not. This took a considerable amount of time given the extent of the previous matters you raised.
I have concluded that you have made fresh allegations of corrupt practice against police officers combined with associated allegations against the other individuals.The matter will have to be investigated in its entirety as your allegations infer collusion between different parties. Therefore any further investigation will address all aspects of your complaint collectively. The normal manner for reporting such allegations if they did not involve police officers would be to report to the District PF. However, the APF has jurisdisction in the investigation of crime committed by police officers which you allege. The APF also, I understand, has a remit for other criminal investigations therefore it is the sensible route to progress this matter in the first instance.
Therefore I have referred the entire matter to the APF. I have not yet interviewed anyone in regard to your allegations. I apologise if you feel excessive time is being taken but I am intent on ensuring this case is brought to a proper conclusion and all points raised can be properly addressed. As, I think you said yourself, there are a lot of wider issues and complexities to understand.
Your silence on my request in regard to the recent issues with Mr Latham leads me to advise Inverness Area Command to task officers to attend and interview regarding these matters.
From: Stuart Hunt [mailto:[email protected]]
Sent: 17 January 2008 17:24
To: Maclean, Andrew
Subject: Criminal complaint
I have been digesting what was discussed at our meeting.
There are a number of points which you could possibly clarify. In the first instance are you saying that Northern Constabulary cannot investigate this criminal complaint and as such the complaint cannot proceed in the normal manner ? I would be grateful if you could eloborate on the reasoning why Northern Constabulary have referred, what appears to be a criminal complaint amounting to corruption, to the APF. I am also assuming that in the two month period that has elapsed since I gave a statement on 12 November 2007, the complaint has not been put to any of the individuals identified in the complaint and no one has been interviewed or questioned ?
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