Officers cleared after complaint of corruption and negligence

The grievance involved allegations of corruption, negligence and unethical practices.

However, following consideration of the report, Home Affairs says it is satisfied that the Guernsey Police officers who were the subject of the complainant acted appropriately.

Chief secretary Adrian Lewis said the complaint had been received by the committee in its role as the ‘appropriate authority’ under the Police Complaints (Guernsey) Law 2008. Such complaints can be supervised by the independent Police Complaints Commission,

‘While it would be inappropriate to comment on the specifics of any complaint, in this case Kent Police were asked to investigate as an independent outside force,’ he said.

Findings were submitted both to Home Affairs and the PCC.

‘Following consideration of the report received, the appropriate authority was satisfied that Guernsey Police officers subject of the complaint acted appropriately,’ said Mr Lewis.

‘The complainant has been advised by the committee of the outcome of their complaint and informed of their right of appeal.’

Mr Lewis said he could not say if Kent Police had made any recommendations in their report.

‘The detailed findings of the investigation by Kent Police are confidential save for it being right and proper to advise the complainant of the outcome.

‘As with nearly all cases, there are operational learning opportunities, such as the way records are maintained, for example.

‘Home Affairs must be mindful against commenting on individual cases in such detail that could risk identifying the officer(s) concerned, the complainant or other interested parties.

‘The purpose of the independent investigation is to establish the facts and circumstances of the complaint and assist the appropriate authority in assessing whether there is a case to answer in respect of misconduct, gross misconduct or whether there is no case to answer.’

A complainant has 28 days in which to lodge an appeal with the Police Complaints Commission.

Police Complaints Commission chairman Stewart Chisholm said its role was to provide independent oversight of the investigation of complaints made against members of the police in accordance with the Police Complaints (Guernsey) Law, 2008 and the Police Complaints (Conduct Proceedings and Investigations) (Guernsey) Regulations, 2011.

The commission did not have a role in investigating the complaints themselves, but supervised the most serious and those where there was a public interest to do so. It had to supervise any complaint involving death, serious injury or the conduct of a senior officer.

The law prohibited it from making public statements in connection with any of its functions except in the form of a general statement that did not identify the complainant, officer concerned or other interested parties. Therefore it was unable to comment on ongoing or closed investigations.

On completion of a supervised investigation the investigating officer must submit a written report to the appropriate authority and the Police Complaints Commission.

That report should provide an accurate summary of the evidence, attaching or referring to any relevant documents.

The commission was then required to make a statement in relation to whether that investigation has been conducted to its satisfaction.

The commission did not take a view on the outcome or findings of the investigating officer or the appropriate authority’s decision on the matter or proposed action.

This was because of its role as appeal body for a complainant who was dissatisfied with the investigator’s findings or the appropriate authority’s determination.