Standards commissioner Melissa McCullough found Marc Leadbeater and Robert Curgenven guilty of disclosing the existence of an earlier code of conduct complaint which she was still investigating.
There was no material evidence against Deputy Leadbeater and he was found guilty only on the balance of probabilities. Deputy Curgenven, who challenged that he had done anything wrong, was also found to have broken a section of the code relating to integrity.
After a three-month investigation, Dr McCullough decided that the breaches of the code were too serious to be dealt with by a caution, but not serious enough to warrant a stronger sanction, and so she recommended no action.
‘Both deputies have co-operated fully with the investigation, expressed understanding of expectations under the code, and demonstrated a willingness to learn from the events,’ she said.
‘I am satisfied that this experience will serve as an important reminder of the need for discretion, care and respect for confidentiality in their future conduct.’
The original complaint was made by Deputy Sally Rochester against Deputy Leadbeater in the first week of the new political term.
It was sparked by Deputy Leadbeater calling Deputy Neil Inder a ‘prick’ in an email exchange copied to all deputies. It is understood that complaint was dismissed.
However, a few days after the complaint was submitted, and while Dr McCullough was still investigating, Deputy Curgenven referred to it on social media. That prompted Deputy Rochester to submit another complaint – her second in a seven-week period following her election.
She said that she had only told her husband about the complaint, and so worked out that Deputy Leadbeater must have let this slip to Deputy Curgenven.
Dr McCullough interviewed Deputy Rochester’s husband. He insisted he had not disclosed information about the complaint and she was satisfied with his explanation.
BBC journalist John Fernandez had learned of both complaints and approached Deputy Rochester for comment on WhatsApp. 'Who is your source [sic]?' she asked. ‘Tomato ketchup, mayonnaise and this new sweet and sour dip from Alliance,’ Mr Fernandez replied.
Dr McCullough said in her report that she was unable to find out how Mr Fernandez learned of the complaints.
She carried out extensive interviews with Deputies Leadbeater and Curgenven.
Deputy Leadbeater could not recall telling anybody about the first complaint Deputy Rochester had made about him, but he could not rule out the possibility.
He said that at the time other States members were warning him that he was about to face a code of conduct investigation.
‘On the balance of probabilities, while it is unclear who he may have told about the complaint, I am satisfied that Deputy Leadbeater shared information about the complaint against him,’ said Dr McCullough in her report.
‘But he did so without full awareness of the confidentiality provisions of the code of conduct. While lack of awareness does not excuse a breach, I accept that there was no deliberate intention to disregard the code.’
Deputy Curgenven told Dr McCullough that he had overheard discussions about a possible complaint by Deputy Rochester about Deputy Leadbeater, and he believed he had a duty to inform the public.
He had used the word ‘apparently’ in his social media post.
He argued that he could not have breached confidentiality of a matter which he was aware of only as speculation rather than fact.
Dr McCullough said that Deputy Curgenven’s post had been ‘inappropriate’.
‘Members are expected to exercise discretion and maintain confidentiality in relation to complaints. Repeating unverified information serves no legitimate public interest and risks reputation harm, speculation and loss of confidence in the complaints process.’
Dr McCullough accepted that Deputy Curgenven had been a States member only for a short time and may not have been familiar with all requirements of the code of conduct.
Her full report was published on Friday, hours after she announced her resignation as standards commissioner, which followed the States rejecting her recommendation to suspend Deputy Gavin St Pier over another code of conduct case.
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