John Hemming Wins Judicial Review Over Police Complaint Handling

Former MP John Hemming

Former MP John Hemming

Former Liberal Democrat MP John Hemming has won outright a judicial review against the Independent Office for Police Conduct (IOPC). Hemming obtained permission in a judgement of 18 November 2022, arising from a hearing where he represented himself and was accompanied by his partner Emily and also your author. That judgement is now up on BAILII. After permission was granted, the IOPC has conceded outright.

The two points on which Hemming has now prevailed are on the IOPC’s failure to deal with his complaints about a police conduct investigation as follows –

“a. As set out in his letter dated 6 October 2021, that email exchanges between DI Thomas and an officer of the 2nd Interested Party on 15 May 2020 gave rise to an appearance of bias.

b. As set out in his letters dated 22 August and 6 October 2021, that DI Thomas had known that DCS Oomer’s stated reasons (1) and (2) (recorded in his policy book on 1 March 2019) for categorising , once opened, the 2nd Interested Party’s investigation into EB [Esther Baker] (attempting to pervert the course of justice) as low priority were false and that DCS Oomer was aware that they were false.”

The IOPC has also agreed to pay Hemming’s costs. A copy of the relevant parts of the consent order is below –

The consent order in the Hemming Judicial Review of the IOPC.

The consent order in the Hemming Judicial Review of the IOPC.

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John Hemming: Permission for Judicial Review over Alleged Police Dishonesty by Staffordshire Officer Javid Oomer

DCSJavidOomer

Detective Chief Superintendent Javid Oomer – Dishonesty allegations complaint found, “arguable” by judge. Career at Risk?

Former MP John Hemming has been granted permission for judicial review of the outcome of his police complaint appeal to the Independent Office of Police Complaints, over allegations of dishonest conduct by two police officers, Detective Inspector Simon Thomas of Gwent Police and Detective Chief Superintendent Javid Oomer of Staffordshire Police. This is only permission stage, so no findings of wrongdoing have yet been made, however the underlying evidence is of serious public concern.

Thomas was supposed to be investigating Staffordshire Police on the basis of a complaint by Hemming, but Hemming has, via MHN, come into possession of an email in which Thomas expresses a desire to “lessen”, “[…] elements of the lawsuit being taken against your Force […]” to a person at Staffordshire Police. Hemming raised this with the IOPC, which had ignored it. The judge, HHJ Richard Williams granted permission for Judicial Review on the basis that failing to address the allegation appeared to breach the applicable statutory guidance for the treatment of appeals to the IOPC.

The second piece of information which Hemming had discovered was that Javid Oomer had decided to treat the Esther Baker investigation as a low priority, on the basis of a series of reasons which Hemming believes (with some justification), Oomer must have known to be false, and DI Thomas must have known to be false. Again, this allegation was ignored by the IOPC and again Hemming was granted permission.

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After Speaker’s Corner, Tommy Robinson Should Man Up and Sue

TommyRobinson

Tommy Robinson – I do not agree with him, but he should not be silenced in this way.

I do not agree with the EDL. I am a Conservative and I do not agree with everything Tommy Robinson says. However, the destructive attempts to undermine his rights to free speech by preventing him speaking at Speaker’s Corner threaten our democracy. Even Marx and Lenin were allowed to speak at Speaker’s Corner. Yet, Robinson was stopped by police and non-UK activists Lauren Southern, Brittany Pettibone and Martin Sellner were denied entry to the United Kingdom.

The law is set up so police can get away with low grade intervention – that is, talking to people and asking them to do things not technically within their powers. However, now the authorities are clearly overreaching and Robinson, Southern et al should sue.

UK police often seek to use persuasion to resolve problems. Some are reasonable but others go too far – often under pressure themselves from politicians or others. Police will invent imaginary powers or exercise real ones with willful perversity. Such actions tend to evaporate in the face of a complaint and letter of claim, particularly if you are reasonable and keep your temper. I usually do not name police officers because when they overreach it is often in the face of a powerful complainant. For example last month barrister and MP Ellie Reeves complained about a media inquiry I sent her. After discussion, police took no further action and silence descended from Reeves.

There are those who will be instinctively hostile to Tommy Robinson. They need to realise how dangerously far the envelope of free speech in Britain has been restricted. Robinson’s views on transgender persons are more liberal than the hundreds of Labour Party feminists who are threatening to resign if the Labour NEC allows male-bodied-persons on all-women shortlists. He is more liberal on Islam than the Women’s March 2018 who walked through London to protest the encroachment on their rights, “Feminists March against Sharia Law, Gender, and Patriarchy”. He is more moderate on Islam than the LGBT group, “Gays Against Sharia”. Continue reading

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Lauren Southern, Brittany Pettibone and Martin Sellner Denied Entry to UK – Can they Bring a Judicial Review? (Yes)

LaurenSouthern

Conservative Commentator Lauren Southern – Image via Wikimedia Commons, CC-BY Unported License.

In a further recent example of the increasingly sinister interference with free speech demonstrated by the United Kingdom authorities, Conservative activists Lauren Southern, Brittany Pettibone and Martin Sellner have been denied entry to the United Kingdom. Whilst I disagree with some of their policies, some points they raise are valid and critically they are peaceful political critics who do not advocate violence. Persons denied entry to the UK are frequently told that they have no right of appeal. However, it is possible to bring a judicial review or claim under the European Convention on Human Rights, which may be appropriate in this case.

In the UK, sinister attempts to use criminal law against political opponents are on the rise. In 2015 I received a written apology from the police. They had given me a police information notice for harassment, but it was revoked when I served a letter of claim and a police complaint. The apology and formal rescinding of the PIN is at the bottom of my article here.

Last month I wrote an article about Labour’s Ellie Reeves MP entitled, “Ellie Reeves MP and the Corpses of Children”. Ellie Reeves contacted police and accused me of harassment. I received a call from a Police Constable but as the article relates, no action was taken and after a brief discussion with the Detective Inspector, it was confirmed in writing that no action would be taken and no harassment warning was given.

Last week Brittany Pettibone, Lauren Southern and Martin Sellner were banned from the United Kingdom using poorly written official notices. Of particular concern, Southern was detained under under section 7 of the Prevention of Terrorism Act 2000. Ms Southern intended only to interview a controversial political figure, Tommy Robinson.

As a Conservative I do not necessarily agree with their views but it has to be said of each of them that they have specifically repudiated violence and promote their concerns via lawful democratic means. The intended interviewee, Tommy Robinson was a founder member of the English Defence League (EDL) but he left it because of extremism.

The criticisms they raise of militant Islam are similar to those raised by UK newspapers, the National Secular Society and indeed numerous feminist women’s rights groups who fear that women will be treated poorly under Sharia law as per this YouTube video, “Feminists March against Sharia Law, Gender, and Patriarchy”, from the Women’s March 2018.

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Vive la Différence!

The Witchfinder explains to leftists in very short words why the beautiful Holly Fisher, the lady featured below, is not the same as a terrorist just because she is holding a gun and has a Bible and a flag.

Selfie of Holly R Fisher holding a gun and bible standing in front of an American flag.

Holly R Fisher – Christian. Wife. Mom. (Conservative) Political Commentator. Not the same as a Terrorist. Picture by kind permission of Mrs Fisher.

Sometimes, in politics, there is a genuine sense of agreement. Of cooperation. Of bipartisanship. Sometimes, on the other hand, there is the sense that leftist demagogues are whipping up their ever-credulous followers just for sport. Finally, there are those times that you simply feel like you are back at nursery school (kindergarten, for our American friends).

Today, children leftists, the Witchfinder explains that things that look the same are sometimes different. Same or Different? That sounds like it should be on the front of a colouring book. Oh, wait …

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Grayling Ends the Gravy Train

Chris Grayling

Chris Grayling, Secretary of State for Justice. Image via Open Government Licence v1.0

Hooray for Chris Grayling. The well respected Justice Secretary has upset a number of people this week by his proposals to kick over the judicial review gravy train. The Witchfinder on the other hand wants to shake him by the hand. As a law student your author knows all too well how the courts can be abused, and whilst he is all for access to justice he is compelled to support Grayling’s well thought through proposals.

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