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Operation Kentia Investigation Report Operation Kentia A report concerning matters related to the Metropolitan Police Service’s Operation Midland and Operation Vincente October 2019 1 > Table of contents > About the IOPC ................................................................................................2 > Executive summary ..........................................................................................5 > Learning report ............................................................................................... 22 > Appendix 1: Glossary ..................................................................................... 35 > Appendix 2: Operation Kentia – Investigation report ...................................... 38 > Appendix 3: Operation Kentia – Decision-making document .......................... 60 > Appendix 4: Assessment of conduct – Allegation 1 ........................................ 66 > Appendix 5: Assessment of conduct – Allegation 2 ........................................ 70 > Appendix 6: Assessment of conduct – Allegation 3 ........................................ 86 > Appendix 7: Assessment of conduct – Allegation 4 ...................................... 127 > Appendix 8: Discontinuance of independent investigations – Decision-making document – 6 March 2017 ............................................................................ 144 This report contains information of a graphic nature, which some people might find upsetting. 1 About the IOPC > About the IOPC 1. The Independent Office for Police Conduct (IOPC) carries out its own independent investigations into complaints and incidents involving the police, HM Revenue and Customs (HMRC), the National Crime Agency (NCA) and Home Office immigration and enforcement staff. 2. We are completely independent of the police and the government. All investigations are undertaken on behalf of the Director General (DG). Staff taking decisions on behalf of the DG are referred to as DG delegates, or decision makers. They provide strategic direction and scrutinise the investigation undertaken by IOPC investigators. 3. We operate under legal powers given to us under the Police Reform Act 2002 and associated secondary legislation. 4. The IOPC receives approximately 4,000 referrals from police forces each year. These relate to the most serious complaints and allegations of misconduct against the police. We conduct 600–700 independent investigations each year. 5. The organisation began life as the Independent Police Complaints Commission (IPCC) on 1 April 2004. The IPCC’s body corporate was made up of a number of commissioners, some of whom made operational decisions, and were engaged in the governance of the organisation. When the organisation became the IOPC on 8 January 2018, the membership of the organisation changed. A DG was appointed to have sole operational responsibility for the organisation’s work, with all operational decisions made by him or on his behalf. The governance of the organisation was passed from the Commission to a Unitary Board, chaired by the DG, but with majority non-executive directorship. Two commissioners became Regional Directors within the new organisation, as did other senior staff. The remaining commissioners left the organisation either on or before 8 January 2018. 6. Operation Kentia began when the IPCC was in existence and ended within the IOPC era. We indicate in the remainder of this document what decision making took place during the IPCC era and what took place when the organisation had become the IOPC. 2 About the IOPC > Conducting independent investigations 7. At the outset of an investigation, a lead investigator will be appointed, who is responsible for the day-to-day running of the investigation. This may involve taking witness statements, interviewing subjects of the investigation, analysing CCTV footage, reviewing documents, obtaining forensic and other expert evidence, as well as liaison with the Crown Prosecution Service (CPS) and other agencies. 8. The lead investigator is supported by a team including other investigators, supervisors, lawyers, subject matter networks (who provide expertise in particular fields), policy advisors as well as other specialist staff if required. 9. Throughout the investigation, updates are provided to interested persons at regular intervals. Each investigation is the subject of a series of reviews and quality checks. 10. The IOPC investigator often makes early contact with the CPS in cases of potential criminality and is sometimes provided with investigative advice during the course of the investigation. Any such advice will usually be provided confidentially. > Investigation reports and post-report assessment and proceedings 11. Once the investigator has gathered all the relevant evidence, they must prepare a report. The report must summarise and analyse the evidence and refer to or attach any relevant documents. 12. The report must then be given to the decision maker in the case, who will then make the necessary post-investigation assessments, which vary depending on the type of investigation. Where there are potential misconduct or performance issues, the IOPC decision maker will provide provisional opinions along with the final report to the relevant police force, who will consider these opinions and reach their own determinations. If the IOPC disagrees with these determinations, it can recommend, and if necessary, direct that misconduct or performance proceedings are brought by the police force against their officers. 13. In relation to potential criminality, the IOPC decision maker will independently decide if a criminal offence may have been committed by any of the subjects of the investigation and whether it is appropriate to refer the case to the CPS for a charging decision. 3 About the IOPC 14. The decision maker will also decide whether to make individual force- specific recommendations or wider national recommendations to the police. > Publishing the report 15. After all criminal proceedings relating to the investigation have concluded, and at a time when the IOPC is satisfied that any other misconduct or inquest proceedings will not be prejudiced by publication, the IOPC may publish its investigation report or, more usually, a summary of this. 16. Redactions might be made to the report at this stage to ensure, for example, that individuals’ personal data is sufficiently protected. 4 Executive summary > Executive summary > The purpose of this report 1. The Independent Office for Police Conduct (IOPC) would like at the outset to acknowledge the significant trauma and distress caused to Lord Edwin Bramall, Mr Harvey Proctor, Lord Leon Brittan and their respective families by false allegations made against them by Carl Beech (referred to in the accompanying documents as ‘Nick’) and the subsequent investigation by the Metropolitan Police Service (MPS). 2. This report has been produced to provide an overarching summary of the various investigations the Independent Police Complaints Commission (IPCC – our predecessor organisation1) and IOPC have undertaken since November 2016 in relation to Operation Kentia2 and associated matters. It summarises the investigative actions we have taken, the conclusions we have reached, and the learning we have identified as a result of our work. 3. Published alongside this summary are a series of reports that explain the detailed investigative work and decision making that has been undertaken in relation to our investigations (Appendices 1 to 8), as well as a full learning report outlining recommendations arising from our investigations for the police service, other organisations, and ourselves. > Background 4. In 2016, Sir Richard Henriques was commissioned by the MPS to review the force’s handling of a number of investigations including (i) Operation Midland, which investigated a series of allegations that high-profile individuals had been involved in the sexual abuse and deaths of boys in the 1970s and 1980s and (ii) Operation Vincente – an allegation of rape made against Lord Brittan. A summary of Sir Richard’s findings was published by the MPS on 31 October 2016. 5. In the review, Sir Richard made a number of criticisms in relation to how the MPS handled these investigations. These included highly critical conclusions of both the decision to apply for, and the accuracy of, search 1 On 8 January 2018, the Independent Police Complaints Commission (IPCC) became the Independent Office for Police Conduct (IOPC). 2 Operation Kentia was the IOPC’s operational name for the independent investigation into referrals arising from the Sir Richard Henriques review. 5 Executive summary warrant applications for properties owned by Lord Brittan, Lord Bramall and Mr Proctor3. 6. As a result of Sir Richard’s findings, in November 2016, the MPS referred the conduct of five officers to the then IPCC. > The MPS referral 7. The five officers referred to the IPCC by the MPS were as follows: Deputy Assistant Commissioner (DAC) Steve Rodhouse Detective Superintendent (DSU) Kenny McDonald Detective Sergeant (DS) Eric Sword Detective Inspector (DI) Alison Hepworth Detective Chief Inspector (DCI) Diane Tudway 8. The allegations considered were: Allegation 1: That DAC Rodhouse, DSU McDonald and DCI Tudway were alleged to have failed to properly investigate allegations made by ‘Nick’, which led to an extended investigation, causing prolonged and undue stress to those under suspicion. Allegation 2: That DAC Rodhouse and DSU McDonald made misleading statements to the media and provided
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