The Report of the Daniel Morgan Independent Panel The Report of the Daniel Morgan Independent Panel June 2021 Volume 3 HC 11-III Return to an Address of the Honourable the House of Commons dated 15th June 2021 for The Report of the Daniel Morgan Independent Panel Volume 3 Ordered by the House of Commons to be printed on 15th June 2021 HC 11-III © Crown copyright 2021 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3. Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned. This publication is available at www.gov.uk/official-documents. Any enquiries regarding this publication should be sent to us at [email protected]. ISBN 978-1-5286-2479-4 Volume 3 of 3 CCS0220047602 06/21 Printed on paper containing 75% recycled fibre content minimum Printed in the UK by the APS Group on behalf of the Controller of Her Majesty’s Stationery Office Contents Volume 3 Chapter 9: Post-Abelard Two: Events after the acquittal of the Defendants in March 2011 855 Chapter 10: Corruption: Venality to lack of candour 1015 Chapter 11: The challenges of securing cooperation and lessons for future Panels 1117 Chapter 12: The Treatment of the Family 1141 Chapter 13: The Morgan Family’s Experience: A selection of personal perspectives from the family of Daniel Morgan 1223 Annex A: Methodology: The Panel’s approach to preparing the Report 1233 Annex B: Timeline of key events and investigations since the murder of Daniel Morgan 1245 Annex C: Glossary of Terms 1247 Chapter 9: Post-Abelard Two: Events after the acquittal of the Defendants in March 2011 Contents 1 Introduction 2 The Disciplinary Review 3 The joint review by the Crown Prosecution Service and the Metropolitan Police 4 The Operation Longhorn Report: the investigation into DCS David Cook’s unauthorised disclosure of documents 5 Operation Megan 6 The Report by the Independent Police Complaints Commission on alleged unlawful releasing of material from police investigations to the BBC by former DCS David Cook: The Panorama complaint 2012-2017 7 The civil action in the High Court 8 Operation Megan Two 9 The appeal against the decision of Mr Justice Mitting in the civil action 10 Operation Edison 1 Introduction 1. After the acquittal of the five suspects in the Abelard Two Investigation, Jonathan Rees, James Cook, Garry Vian, Glenn Vian and former DS Sidney Fillery, there were a number of developments. These included the following: a. A review, commissioned by Commander Peter Spindler of the Metropolitan Police Directorate of Professional Standards on 11 January 2012, to determine whether any disciplinary offences had been committed by officers from the Abelard Two Investigation. b. A joint review by the Crown Prosecution Service and the Metropolitan Police of the Abelard Two Investigation and the prosecution that followed. 855 The Report of the Daniel Morgan Independent Panel c. An investigation by the Independent Police Complaints Commission (now the Independent Office for Police Conduct) into the passing of information by former DCS David Cook to journalist, Michael Sullivan. This investigation was known as Operation Longhorn. d. Another review commissioned on 19 November 2012 by Commander Peter Spindler into complaints made by Jonathan Rees, and the 11 March 2011 ruling by Mr Justice Maddison at the conclusion of the pre-trial hearing. Following this review, a full investigation was carried out by the Special Investigations Team of the Directorate of Professional Standards into elements of Jonathan Rees’s complaints (see section 5.1 below) and overlapping concerns raised by the judge, codenamed Operation Megan. e. An investigation by the Independent Police Complaints Commission into an allegation made by Jonathan Rees that confidential information, belonging to him, was improperly disclosed to the BBC Panorama programme by former DCS David Cook and/or officers from the Abelard Two Investigation. f. A civil claim brought against the Metropolitan Police by Jonathan Rees, Garry Vian, Glenn Vian and former DS Sidney Fillery, seeking damages for malicious prosecution and misfeasance in public office. The case was presided over by Mr Justice Mitting between 17 January and 10 February 2017. Former DS Fillery was successful in his claim for damages. g. An investigation into the conduct of former DCS David Cook following comments made about him by Mr Justice Mitting, in the civil claim at the High Court in February 2017, that former DCS Cook had done an act which tended to pervert the course of justice by breaching the sterile corridor and prompting an Assisting Offender, Gary Eaton, to implicate Glenn Vian and Garry Vian in the murder of Daniel Morgan, and concealing the fact that he had done so from the Crown Prosecution Service and Prosecution Counsel. This investigation was known as Operation Megan Two. h. An appeal by Jonathan Rees, Garry Vian and Glenn Vian to the Court of Appeal against the findings by Mr Justice Mitting in the High Court. i. A systematic review of the content of the electronic devices recovered, during a search conducted by the Operation Megan Investigation, from the home of former DCS David Cook on 04 November 2014, and the subsequent investigation by the Metropolitan Police of possible breaches of the Data Protection Act 1998 which had not otherwise been dealt with. This investigation was known as Operation Edison. 2. In this chapter, the Panel examines the above events in turn, assessing the effectiveness of each review and investigation, and the conclusions that were reached. Due to the significant failings identified during the Abelard Two Investigation (see Chapter 8, The Abelard Two Investigation), the Panel also considers whether lessons have been learned by the Metropolitan Police. 1.1 Chronology of key events relating to Post-Abelard Two • 11 March 2011 The Prosecution discontinued its case against the suspects in the Abelard Two Investigation. 856 Chapter 9: Post-Abelard Two: Events after the acquittal of the Defendants in March 2011 • 14 March 2011 The BBC Panorama programme ‘Tabloid Hacks Exposed’ was broadcast. • 29 March 2011 The Crown Prosecution Service and the Metropolitan Police began a review of the Abelard Two Investigation. • 31 March 2011 A formal apology was made by the Acting Commissioner of the Metropolitan Police, Tim Godwin, to the family of Daniel Morgan. • May-December 2011 After a general audit of email contact between journalists and police officers by the Metropolitan Police, emails were discovered between former DCS David Cook and journalist Michael Sullivan. Some of the emails included unauthorised disclosure of documents to Michael Sullivan. The Serious Organised Crime Agency made a referral to the Independent Police Complaints Commission. • 10 January 2012 Former DCS David Cook was arrested on suspicion of committing misconduct in public office and offences contrary to Section 55 of the Data Protection Act 1998. Following an initial ‘no comment’ interview, he was released on bail pending further enquiries to be carried out by the Independent Police Complaints Commission. • 11 January 2012 Commander Peter Spindler commissioned a review of the Abelard Two Investigation into possible disciplinary offences committed by officers involved in the case. D/Supt Mark Mitchell carried out this review. • 30 January 2012 Jonathan Rees made a formal complaint to the Independent Police Complaints Commission. He made four allegations. • 13 February 2012 D/Supt Mark Mitchell completed a report after his review. • May 2012 The Crown Prosecution Service and the Metropolitan Police completed a report on their review of the Abelard Two Investigation. • November 2012 After a referral by the Independent Police Complaints Commission regarding Jonathan Rees’s complaint, Commander Peter Spindler commissioned a review of the complaint. D/Supt Fiona McCormack carried out this review. • 19 April 2013 D/Supt Fiona McCormack completed a report after her review. • 10 May 2013 The Home Secretary, Theresa May MP, announced the setting up of the Daniel Morgan Independent Panel. • July 2013 Former DCS David Cook retired from the Serious Organised Crime Agency. • January 2014 Operation Megan began. This was an investigation into complaints made by Jonathan Rees, and comments made by Mr Justice Maddison after the acquittal of the Defendants on 11 March 2011. • 21 January 2014 Jonathan Rees was interviewed by Operation Megan investigators. He raised additional complaints. • September 2014 The Independent Police Complaints Commission sent an advice file on its investigation, Operation Longhorn, into former DCS David Cook’s unauthorised disclosure of documents to Michael Sullivan, to the Crown Prosecution Service. 857 The Report of the Daniel Morgan Independent Panel • 04 November 2014 After a warrant was obtained by Operation Megan, former DCS David Cook’s home was searched. As Operation Megan had limited Terms of Reference, a separate investigation was launched, by the Metropolitan Police, into materials seized from former DCS Cook’s home. This investigation was known as Operation Edison. • 08 January 2015 Operation Megan investigators referred the allegation that confidential information belonging to Jonathan Rees was unlawfully disclosed to the BBC Panorama programme (as contained in Jonathan Rees’s complaint), to the Independent Police Complaints Commission. • 29 September 2015 The Crown Prosecution Service produced a charging advice on Operation Longhorn and it was decided not to prosecute former DCS David Cook. • 14 December 2016 The Independent Police Complaints Commission completed its investigation into Jonathan Rees’s complaint that confidential information belonging to him was unlawfully disclosed to the BBC Panorama programme. No file was referred to the Crown Prosecution Service. • 03 January 2017 A final report from the Independent Police Complaints Commission with regard to the 14 December 2016 report was completed.