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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Meet Anne Marie Waters - the Ukip politician too extreme for Nigel Farage

In January 2016, Waters launched Pegida UK with former EDL frontman Steven Yaxley-Lennon (aka Tommy Robinson). 

There are few people in British political life who can be attacked from the left by Nigel Farage. Yet that is where Anne Marie Waters has found herself. And by the end of September she could well be the new leader of Ukip, a party almost synonymous with its beer-swilling, chain-smoking former leader.

Waters’s political journey is a curious one. She started out on the political left, but like Oswald Mosley before her, has since veered dramatically to the right. That, however, is where the similarities end. Waters is Irish, agnostic, a lesbian and a self-proclaimed feminist.

But it is her politics – rather than who she is – that have caused a stir among Ukip’s old guard. Former leader Paul Nuttall has said that her views make him “uncomfortable” while Farage has claimed Ukip is “finished” if, under her leadership, it becomes an anti-Islam party.

In her rhetoric, Waters echoes groups such as the English Defence League (EDL) and Britain First. She has called Islam “evil” and her leadership manifesto claims that the religion has turned Britain into a “fearful and censorious society”. Waters wants the banning of the burqa, the closure of all sharia councils and a temporary freeze on all immigration.

She started life in Dublin before moving to Germany in her teens to work as an au pair. Waters also lived in the Netherlands before returning to Britain to study journalism at Nottingham Trent University, graduating in 2003. She subsequently gained a second degree in law. It was then, she says, that she first learnt about Islam, which she claims treats women “like absolute dirt”. Now 39, Waters is a full-time campaigner who lives in Essex with her two dogs and her partner who is an accountant.

Waters’s first spell of serious activism was with the campaign group One Law for All, a secularist organisation fronted by the Iranian feminist and human rights activist Maryam Namazie. Waters resigned in November 2013 after four years with the organisation. According to Namazie, Waters left due to political disagreements over whether the group should collaborate with members of far-right groups.

In April 2014, Waters founded Sharia Watch UK and, in January 2016, she launched Pegida UK with former EDL frontman Steven Yaxley-Lennon (aka Tommy Robinson). The group was established as a British chapter of the German-based organisation and was set up to counter what it called the “Islamisation of our countries”. By the summer of 2016, it had petered out.

Waters twice stood unsuccessfully to become a Labour parliamentary candidate. Today, she says she could not back Labour due to its “betrayal of women” and “betrayal of the country” over Islam. After joining Ukip in 2014, she first ran for political office in the Lambeth council election, where she finished in ninth place. At the 2015 general election, Waters stood as the party’s candidate in Lewisham East, finishing third with 9.1 per cent of the vote. She was chosen to stand again in the 2016 London Assembly elections but was deselected after her role in Pegida UK became public. Waters was also prevented from standing in Lewisham East at the 2017 general election after Ukip’s then-leader Nuttall publicly intervened.

The current favourite of the 11 candidates standing to succeed Nuttall is deputy leader Peter Whittle, with Waters in second. Some had hoped the party’s top brass would ban her from standing but last week its national executive approved her campaign.

Due to an expected low turnout, the leadership contest is unpredictable. Last November, Nuttall was elected with just 9,622 votes. More than 1,000 new members reportedly joined Ukip in a two-week period earlier this year, prompting fears of far-right entryism.

Mike Hookem MEP has resigned as Ukip’s deputy whip over Waters’ candidacy, saying he would not “turn a blind eye” to extremism. By contrast, chief whip, MEP Stuart Agnew, is a supporter and has likened her to Joan of Arc. Waters is also working closely on her campaign with Jack Buckby, a former BNP activist and one of the few candidates to run against Labour in the by-election for Jo Cox’s former seat of Batley and Spen. Robinson is another backer.

Peculiarly for someone running to be the leader of a party, Waters does not appear to relish public attention. “I’m not a limelight person,” she recently told the Times. “I don’t like being phoned all the time.”

The journalist Jamie Bartlett, who was invited to the initial launch of Pegida UK in Luton in 2015, said of Waters: “She failed to remember the date of the demo. Her head lolled, her words were slurred, and she appeared to almost fall asleep while Tommy [Robinson] was speaking. After 10 minutes it all ground to an uneasy halt.”

In an age when authenticity is everything, it would be a mistake to underestimate yet another unconventional politician. But perhaps British Muslims shouldn’t panic about Anne Marie Waters just yet.

James Bloodworth is editor of Left Foot Forward

This article first appeared in the 17 August 2017 issue of the New Statesman, Trump goes nuclear