A killing joke?

The evidence of firearms officer AZ8.

Yesterday the news broke that an unnamed police firearms officer ("AZ8") who may have killed the barrister Mark Saunders had been removed from firearms duty after allegedly inserting song titles into his oral evidence at the coroner's inquest. It was also reported that the matter had been referred to the Independent Police Complaints Commission.

The alleged song titles have not been publicly disclosed, though the Guardian helpfully told us:

An examination of the transcript shows that evidence given by AZ8 contained a number of phrases which are also the titles of songs, including "Enough Is Enough" by Donna Summer, "Point of No Return" by Buzzcocks, "Line of Fire" by Journey, "Quiet Moments" by Chris de Burgh, "Kicking Myself" by As Tall As Lions and "Fuck My Old Boots" by the Membranes.

I was at Bar school with Mark Saunders and, although I did not know him, we had mutual friends. But for this blog post it does not – and should not – matter whether the person shot dead by the police was a barrister or a barman.

The sole issue is whether a police firearms officer was contriving his crucial oral evidence to an inquest so as to serve an ulterior purpose.

Why would it matter? Well, as sources "close to the Police Commissioner" said, it shows "insensitivity and lack of judgement". But it goes further than that. When being examined at any inquest or hearing, a witness should be addressing the question directly and not seeking to formulate his or her answers to serve ulterior purposes. Any contrivance is likely to be at the expense of the reliability of the evidence given.

So, is the suggestion true? Were song titles inserted into the sworn evidence?

It is, of course, a matter now for the IPCC. However, for those interested in following this investigation, the following information is available. First, the Metropolitan Police's statement, which was emailed to me:

A matter was brought to MPS attention during the Mark Saunders inquest in relation to evidence given by a firearms officer to the inquest. The issue was dealt with at the time by the officer's management who reprimanded him.

On 28 October 2010 the matter came to the attention of senior officers who felt this was insufficient. As a result the matter was referred to the Independent Police Complaints Commission on the 29 October.

We have now been informed by the IPCC that they will manage an investigation by the Metropolitan Police Directorate of Professional Standards.

The MPS takes this matter extremely seriously as we expect the highest standards of all of our staff.

The officer has been removed from operational firearms duty.

And there is the IPCC statement:

The Independent Police Complaints Commission (IPCC) received a referral from the Metropolitan Police Service (MPS) on Friday 29 October 2010 in relation to the evidence given by a firearms officer to the inquest into the death of Mark Saunders.

It is alleged that, while giving evidence under oath to the inquest on 27 September 2010, officer AZ8 deliberately inserted song titles into his verbal testimony.

The IPCC has now decided that it will manage an investigation by the MPS's Directorate of Professional Standards into the allegation. This means that an IPCC investigator will have direction and control of the investigation and IPCC Commissioner Tom Davies will have oversight of it.

The investigation will examine the officer's testimony, any impact that testimony may have had on the proceedings, the way in which the allegation was initially dealt with by one of his supervisors and whether or not any other police officers were involved.

But what did AZ8 actually say? Below is attached a PDF of the oral testimony of AZ8, which has been kindly released by the coroner.

Click here to see the full PDF.

Can the supposed "inserted song titles" all be simple coincidences, perhaps spotted by some busybody either within or external to the Metropolitan Police?

One would suppose that any substantial oral evidence would, if analysed, tend to include song titles. Verbal communication often contains clichés and figures of speech, and such words and phrases will tend also to crop up as song titles. Certain cultural memes do come to mind when trying to express any idea: the title of this blog post, for example, owes something to my interest in Alan Moore's writings. To invoke a meme or to utter a cliché – especially when under pressure of formal questioning – may not necessarily be either dishonest or distracting.

Or is this a matter of contrivance, rather than coincidence? Did the officer boast of his feat? Was it the result of some cynical dare between officers? Was this a horrific misapplication of "barrack-room humour"? (And only the most earnest reader would begrudge those involved in dangerous work a certain levity, but the time and place for it surely cannot include sworn testimony to a coroner's inquest.)

Was it really a joke at the expense of someone the firearms officer may have killed?

We simply do not know the answers to these and other questions, and it is not appropriate for us to anticipate the result of the IPCC investigation. Although there would appear to be information not in the public domain but available to the Metropolitan Police which rendered the initial reprimand an insufficient sanction, what that information could be – or even that it exists – is mere speculation.

But what can be safely said is this. If it is true that the oral evidence of this police firearms officer was being contrived so as to serve any ulterior motive, rather than being provided to assist a coroner's inquest, then not only should we be disgusted at the facts in this particular case, we should also be concerned that we cannot have full confidence in the testimony of firearms officers in inquests and other hearings. And that is a confidence we dearly need to have.

 

David Allen Green is a lawyer and writer. He blogs for the New Statesman on policy and legal matters. He has recently been appointed a judge for the 2011 Orwell Prize for blogging, for which he was shortlisted this year

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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MP after a moonlighting job? I've got the perfect opportunity

If it's really about staying in touch with the real world, how about something menial and underpaid? Or reforming parliamentary rules on second jobs...

There she stood outside Number 10 on 13 July last year, the new Prime Minister pledging with earnest sincerity her mission to fight injustice and inequality, to “make Britain a country that works not for a privileged few, but for every one of us”.

 “When it comes to opportunity,” she promised the ‘just managing’ millions, “we won’t entrench the advantages of the fortunate few". Another new day had dawned

But predictably since then it’s been business as usual. If we needed proof, George Osborne has provided it: those who have so little must continue to go without so that the man with so much can have it all.

What would it take for Tory backbenchers to trouble Theresa May’s serenity? Not her u-turn on Brexit. Nor her denial of Parliament’s right to scrutinise the terms of the UK's uncertain future. Certainly not a rampant Labour opposition.

But were she to suggest that they give up their adventures in the black economy and focus on the job their constituents pay them for, she would face a revolt too bloody to contemplate.

Fifteen years ago, I introduced the short-lived Members of Parliament (Employment Disqualification) Bill. My argument was simply that being an MP is a full-time job for which MPs are paid a full-time salary. If they can find time to augment an income already three times the national average, they can’t be taking it seriously or doing it properly.

Imagine the scandal if other public servants - teachers perhaps or firefighters – were to clock off whenever they fancied to attend to their nice little earners on the side. What would become of Britain’s economy if employers were unable to prevent their workers from taking home full pay packets but turning up to work only when they felt inclined?

But that’s what happens in the House of Commons. Back in 2002, my research showed that a quarter of MPs, most of them Conservatives, were in the boardroom or the courtroom or pursuing lucrative consultancies when they should have been serving their communities. And it was clear that their extra-curricular activities were keeping them from their Parliamentary duties. For example, in the six month period I analysed, MPs with paid outside interests participated on average in only 65 per cent of Commons votes while MPs without second jobs took part in 91 per cent.

I doubt that much has changed since then. If anything, it’s likely that the proportion of moonlighting Members has risen as the number of Tory MPs has increased with successive elections.

Their defence has always been that outside interests make for better politicians, more in touch with the "real world". That’s entirely bogus. Listening to people in their surgeries or in their local schools, hospitals and workplaces provides all the insight and inspiration a conscientious MP could need. The argument would be stronger were absentee MPs supplementing their experience and income in the menial, insecure and underpaid jobs so many of their constituents are forced to do. But, they aren’t: they’re only where the money is.

It’s always been this way. The Parliamentary timetable was designed centuries ago to allow MPs to pursue a gentleman’s interests. Until relatively recently, the Commons never sat until after noon so that its Members could attend their board meetings – or edit the Evening Standard - and enjoy a good lunch before legislating. The long summer recess allowed them to make the most of the season, indulge in a few country sports and oversee the harvest on their estates.

The world has changed since Parliamentary precedent was established and so has the now overwhelming workload of a diligent MP. There are many of them in all parties. But there are also still plenty like George Osborne whose enduring sense of entitlement encourages them to treat Parliament as a hobby or an inheritance and their duty to their constituents as only a minor obstacle to its enjoyment.

Thanks to Osborne’s arrogance, the Committee on Standards in Public Life now has the unflunkable opportunity to insist on significant, modernising reforms which remind both MPs and their electors that public service should always take precedence over private interest. And if sitting MPs can’t accept that principle or subsist on their current salary, they must make way for those who can. Parliament and their constituents would be better off without them.

Peter Bradley was the Labour MP for The Wrekin between 1997 and 2005.