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"If you are a landlord, we’ll help you intimidate and persecute your leaseholders - so that you can achieve your financial objectives" (My interpretation of the position of Kensington & Chelsea police - and beyond)
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kensington, chelsea, Notting Hill Police, Met Commissioner, Directorate of Professional Standards, Independent Police Complaints Commission - Home
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- (3) In 2007, continuation of Kensington police's wilful discrimination against me: WITHOUT CONTACTING ME AT ANY POINT IN TIME, and consequently TOTALLY DENYING ME THE RIGHT TO DEFEND MYSELF AGAINST THE FALSE ACCUSATIONS - following, yet another so-called "complaint" against me by Andrew Ladsky - with the aim of getting my website closed down, TDC Simon J Dowling of the 'Notting Hill police station Community Safety Unit', made UNLAWFUL, malicious, scurrilous and libellous accusations against me to my website Host, FALSELY implying that I had committed "a crime" - as well as branding me a "Nazi", AND, in the process, impersonated an investigating officer - "Crime report" CR:5605839/07
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The main station is Kensington Police Station, 72-74 Earls Court Road, London W8 6EQ.
(NB: Kensington & Chelsea police (KCP) is covered in, among others:
Overview
In reading the events captured on this page, consider
(1) Schedule 4 of the Police Act 1996 - as amended by s.83, Part 6 of the Police Reform Act 2002 - Attestation of constables - Form of Declaration:
"I.........of.........do solemnly and sincerely declare and affirm that I will well and truly serve the Queen in the office of constable, with fairness, integrity, diligence and impartiality, upholding fundamental human rights and according equal respect to all people; and that I will, to the best of my power, cause the peace to be kept and preserved and prevent all offences against people and property; and that while I continue to hold the said office I will, to the best of my skill and knowledge, discharge all the duties thereof faithfully according to law"
As stated under s.29 of the Police Act 1996, it applies to "Every member of a police force maintained for a police area..." The section also states that this declaration is done "before a justice of the peace" |
I have been at the 'receiving end' of the 'Kensington, Chelsea and Notting Hill police treatment' since 2002.
In 2002, Kensington & Chelsea police dismissed my complaint and that of at least four other leaseholders when we (separately, over time) reported Andrew Ladsky for harassment and intimidation. Hence, criminal offences under the Protection from Harassment Act 1997
See section 1 below for examples of harassment, intimidation, assault (one occasion - My Diary 26 Feb 02) I have suffered, as well as infringement on my privacy. Examples of other harassment, subsequent to my reporting events to Kensington & Chelsea police in 2002 - My Diary 27 Jul 03 ; 27 Aug 03 ; 19 Apr 05 ; My Diary 2010 - and many others - listed under the Protection from Harassment Act 1997.
(Other residents have suffered the same treatment from Andrew Ladsky - see the (incredibly brave) person who headed the residents association ; the Elderly Resident ; Other Residents. Considering the approach and content of the correspondence, to this can also be added the harassment and intimidation of the local Citizens Advice Bureau, Nucleus )
My battling, of course - in vain - at the local level, led me to send 'a cry for help' to the then Police Complaints Authority (section 1), as well as to the Chair of the Metropolitan Police Authority, resulting in the typical outcome: closing of rank (section 1)
In 2003, Ladsky's attempted to bully and intimidate me during the London Leasehold Valuation Tribunal hearing on 5 February 2003. He preceded this by reporting me, in January 2003, to Chelsea police for "swearing at him" - with the obvious objective of scaring me into giving up challenging 'Steel Services (SS) =Ladsky et.al.'s application to the London tribunal. Chelsea police DENIED me the opportunity to defend myself against the accusation by FAILING to reply to my letter asking for precise details of the accusation (section 2). 'Mysteriously', in this instance, Chelsea police no longer had any concern about the "need for evidence", nor 'judicious' use of resources (section 2)
Clearly having a 'very special relationship' with the borough's police force, in 2007 - having failed to get my current American website Host to close down my website in spite of weeks of ongoing threats of legal action – based on scurrilous accusations against me - by his other puppets, Portner and Jaskel (Portner # 2), yet again, Andrew Ladsky turned to his ‘friends’, this time at Notting Hill police, for assistance.
Falling over backwards to help him, TDC Simon J Dowling of the 'Community Safety Unit' impersonated an investigating officer (my conclusion) and FALSELY implied to my Host that I had committed one or more "crimes". He backed down when challenged by my Host - but STILL continued to make an - equally unsupported - libellous accusation against me, as well as branded me a "Nazi"
Demonstrating blatant collusion with Ladsky - NOTTING HILL POLICE DID NOT CONTACT ME AT ANY POINT IN TIME - AND, CONSEQUENTLY TOTALLY DENIED ME THE RIGHT TO DEFEND MYSELF AGAINST THE FALSE ACCUSATIONS - AND FILED ANOTHER MALICIOUS "CRIME REPORT" AGAINST ME (section 3)
As I keep repeating throughout this website: I AM THE INNOCENT VICTIM OF ORGANISED CRIME - NOT a criminal. The abusive, discriminatory -and therefore unlawful - treatment I have been subjected to by Kensington & Chelsea police from my very first contact in 2002, and subsequently by Notting Hill police in 2007, added to my conclusion that I am under surveillance by the police (among others), consideration of various events led me to file this 28 May 2009 Subject Access Request to the police (under the Data Protection Act 1998) (point # 5, below)
As a result, I obtained a copy of the three "crime reports" filed by the police on its system, at the time (point # 5, below) . ALL three confirm my assessment of Kensington, Chelsea & Notting Hill police at the time. (Key points from each of the reports are captured at the beginning of each the three sections i.e. for 2002, 2003 and 2007. A summary of my conclusions is comprised under point # 5)
In 2009-10, the typically arrogant 'get lost / don't give a damn about your rights' response from the police, all the way up to the Met Commissioner and the then Home Secretary, Alan Johnson, led me to send, on 2 June 2010 a Section 10 Notice under the Data Protection Act 1998, and supporting document (point # 5.1).
2011 - Having, on several occasions, warned in my correspondence that if my demands were not met I would issue proceedings - as my demands continued to be (typically) ignored, including following my pre-action letter of 17 March 2011, on 19 April 2011, I filed a claim against the police et.al. (It required my undertaking many months of very intensive desk research, working 60+ hours per week, to be able to do this) = has blighted my life = a continuation of what started in 2002. |
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The overall word I have to sum-up events with Kensington, Chelsea and Notting Hill police - in relation to myself - the INNOCENT VICTIM OF ORGANISED CRIME - in 2002, 2003, 2007, 2009-10, October 2010 and to date, as well as that of other Residents at Jefferson House (1) is:
...as well as: complicity (2), duplicity (2), misrepresentations (2), cover-up (2), protection of, and assistance to a criminal, extreme arrogance, and a belief of being above the law of the land - including Police-specific legislation. |
(Corruption in the police is widely recognised - see point # 9.2. It is said that POWER CORRUPTS, AND ABSOLUTE POWER CORRUPTS ABSOLUTELY) (Also evidenced 'higher up' e.g. My Diary - 'peers for cash': Jan 09 , Feb 09 ; 'MPs for cash')
And, as detailed under point # 5, this collusion is also evident at the highest level.
And 'I' - as a taxpayer - pay for these people!
As to the explanation for the conduct? Overlapping layers of: (1) first and foremost: my profile; (2) 'the Brotherhood' (highly likely); (3) a police force that is out of control, and does not even give a damn about Parliament (e.g. phone hacking events)
As to what the Home Office, which comprises the police (for which it issues Regulations and Guidance) and the so-called 'Independent' Police Complaints Commission (staffed by police officers on secondment!!!!!), can say for its UNLAWFUL actions (see My questions ; Breach of my Human Rights) - and lack of action - (like the other parties who have acted against me and my fellow leaseholders in one way or another since 2002):
"We turned a blind eye and a deaf ear / did what we did / said what we said / wrote what we wrote, ALL for the sake of the addition of a penthouse flat and three other flats to Jefferson House - so that Andrew Ladsky et. al. could realise a multi-million Pound jackpot...
...AND??" (benefit to those involved?)
(1) See Head of Residents Association ; Elderly Resident ; Other Residents ; Ex(?) Resident K
(2) Concise Oxford English Dictionary definition of:
- corruption: "Willing to act dishonestly in return for money or personal gain"; "evil or morally depraved". As I wrote under point 8.3 of my 18 February 2010 letter to DI Crispin Lee, Directorate of Professional Standards, (cc'd IPCC) (point # 5, below), "I use the term ‘corruption’ in the sense of the Oxford English Dictionary’s definition of “moral depravation”, as well as in the sense of “for personal gain”, because there has to be a reason for [the police officers] not performing as per their legal remit"
- complicity: "the fact or condition of being involved with others in an unlawful activity"
- duplicity: "deceitfulness"
- to misrepresent: "to give a false or misleading account"
- cover-up: “an attempt to conceal the truth about a mistake or a crime”
(For examples of OTHER people's experience with the police see My Diary 3 Apr 10 ; 13 Apr 08 ; 22 Apr 08+)
I concluded my 4 August 2002 letter to Sir Toby Harris, then Chair of the Metropolitan Police Authority (point #1) with:
"...my dealings with the police in recent months, have led me to totally - and for ever - lose my confidence in the British police"
Up to 2002, I had trust and faith in the British police. (Part of my (naïve) trust and faith in 'the system' of this "Kingdom" as, until then, in my previous 33 years in this country, I had NEVER had any dealings with the police). The outcome of events since then - as related on this page, and in October 2010 - lead me to now feel absolute, utter disgust and extreme loathing and repulsion. I can't bear the sight of them.
It is certainly ideally suited to train the police force of oppressive regimes e.g. “British police training Libyan force ‘insult to memory of PC Yvonne Fletcher’”, (The Daily Telegraph, 18 Sep 09) |
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Police legislation and Regulations
In reading about my experience with Kensington, Chelsea and Notting Hill police, consider the following extracts from the CODE OF CONDUCT / STANDARDS OF PROFESSIONAL BEHAVIOUR included in the Conduct Regulations, in force at various times of my dealings with these police stations since 2002 - including events captured in My Diary in October 2010 These Regulations APPLY TO ALL POLICE OFFICERS.
Pursuant to powers under various Acts e.g. s.50 of the Police Act 1996, s.23 and s.105 of the Police Reform Act 2002, they are issued, BY the Secretary of State, as subordinate legislation (principally to the Police Reform Act 2002), in the form of Statutory Instruments. s.50 of the 1996 Act describes these Regulations as "provision with respect to- (e) the conduct, efficiency and effectiveness of members of police forces and the maintenance of discipline"
In accordance with s.84(9) of the Police Act 1996, they were "laid before Parliament and approved by a resolution of each House of Parliament"
As to the issuing of Guidance, the Secretary of State's powers to do this are comprised under s.87 of the 1996 Act, which states (1) "...police authorities, chief officers of police and other members of police forces...shall have regard to any such guidance in the discharge of their functions" .
It is CRYSTAL CLEAR from this legislation that, CONTRARY to the evidence contained on this page, and in My Diary October 2010, that - REGARDLESS OF RANK - POLICE OFFICERS, INCLUDING COMMUNITY SUPPORT OFFICERS - ARE NOT AT LIBERTY TO IGNORE THE REGULATIONS AND RELATED GUIDANCE ISSUED BY THE SECRETARY OF STATE.
And, concurrently, the Secretary of State CANNOT ignore the fact that s/he has issued these Regulations and Guidance when s/he hears of misconduct by a police force. And NOR can the IPCC ignore these Regulations and Guidance when considering a complaint from a member of the public.
(New Regulations repealed the previous ones - for cases first raised after the new Regulations came into force e.g. if an allegation of misconduct "came to the attention of the appropriate authority" before the 2008 Regulations, the 2004 Regulations apply)
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Police (Conduct) Regulations1999 - Code of Conduct, Reg.4 |
Police (Conduct) Regulations 2004 - Code of Conduct, Reg.3 |
Police (Conduct) Regulations 2008 - Standards of Professional Behaviour, Reg.3 |
Date in force |
11 March 1999 |
1 April 2004 |
1 December 2008 |
Honesty and integrity |
1. "It is of paramount importance that the public has faith in the honesty and integrity of police officers. Officers should... avoid being improperly beholden to any person or institution; and discharge their duties with integrity" |
(As per 1999)
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"Police officers are honest, act with integrity and do not compromise or abuse their position." |
Fairness and impartiality |
2. "Police officers have a particular responsibility to act with fairness and impartiality in all their dealings with the public..." |
(As per 1999) |
(Below) |
Politeness and tolerance |
3. "Officers should treat members of the public...with courtesy and respect, avoiding abusive or deriding attitudes or behaviour... officers must avoid: favouritism of an individual...; all forms of harassment, victimisation or unreasonable discrimination..." |
(As per 1999) |
Authority, Respect and Courtesy
"Police officers do not abuse their powers or authority and respect the rights of all individuals."
Equality and Diversity
"Police officers act with fairness and impartiality. They do not discriminate unlawfully or unfairly."
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Use of force and abuse of authority |
4. "Officers... should [never] abuse their authority" |
(As per 1999) |
(Above) |
Performance of duties |
5. “Officers should be conscientious and diligent in the performance of their duties…” |
(As per 1999) |
Duties and Responsibilities
"Police officers are diligent in the exercise of their duties and responsibilities."
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Lawful orders |
6. “…officers must…abide by the provisions of Police Regulations. Officers should…oppose any improper behaviour, reporting it where appropriate” |
(As per 1999) |
Orders and Instructions
“Police officers abide by police regulations…”
Challenging and Reporting Improper Conduct “Police officers report, challenge or take action against the conduct of colleagues which has fallen below the Standards of Professional Behaviour”
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General conduct |
12. "Whether on or off duty, police officers should not behave in a way which is likely to bring discredit upon the police service" |
(As per 1999) |
Discreditable Conduct
"Police officers behave in a manner which does not discredit the police service or undermine public confidence in it, whether on or off duty."
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Reg.3 - 'Interpretation' of the 2004 Regulations states: “conduct matter” "means any matter which is not and has not been the subject of a complaint but in the case of which there is an indication (whether from the circumstances or otherwise) that a person serving with the police may have—(b)behaved in a manner which would justify the bringing of disciplinary proceedings"
While the Notes state, among other:
- (a)"...the public...[has] the right to expect the highest standards of conduct from [police officers]"
- (c)"...any allegation of conduct which could, if proved, bring or be likely to bring discredit to the police service should be investigated in order to establish whether or not a breach of the Code has occurred and whether formal disciplinary action is appropriate"
In the Explanatory Notes, the 2008 Conduct Regulations state: "The Regulations establish procedures for the taking of disciplinary proceedings in respect of the conduct of members of police forces and special constables ("police officers"). They apply to all police officers, although for senior officers (a police officer above the rank of chief superintendent), the persons dealing with some of the proceedings differ"
Reg.3(1) - 'Interpretation and delegation' introduced new concepts:
- "Misconduct": "means a breach of the Standards of Professional Behaviour"
- "Gross misconduct": "means a breach of the Standards of Professional Behaviour so serious that dismissal would be justified" If proved, then investigation is mandatory under Reg.12(4).
- "Conduct matter" - s.12(2) of the 2002 Act states: "In this Part "conduct matter" means (subject to the following provisions of this section, paragraph 2(4) of Schedule 3 and any regulations made by virtue of section 23(2)(d)) any matter which is not and has not been the subject of a complaint but in the case of which there is an indication (whether from the circumstances or otherwise) that a person serving with the police may have-
(a) committed a criminal offence; or
(b) behaved in a manner which would justify the bringing of disciplinary proceedings"
(Among the 58 Regulations), Reg.12, 'Assessment of conduct', lists the assessment options: 'misconduct', 'gross misconduct', 'taking no action' - and related actions.
The Explanatory Notes state that "Part 5 deals with the procedures for special case hearings for those cases where there is written or documentary evidence to establish gross misconduct on the balance of probabilities and it is in the public interest for the officer concerned to cease to be a police officer without delay" |
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Concurrent Regulations and Guidance
The Police (Complaints and Misconduct) Regulations, as well as the Police (Performance) Regulations are also Statutory Instruments issued by the Secretary of State pursuant to powers under various Acts (Police Act 1996 and 1997, Police Reform Act 2002) and are, likewise, "laid before Parliament".
Police (Complaints and Misconduct) Regulations 2004 (In force: 11 Mar 04)
The Explanatory Notes state that the "Regulations set out the process to be followed under Part 2 of the Police Reform Act 2002 ("the Act") in relation to complaints against persons serving with the police and misconduct by such persons"
Under Reg.5, 'Recording and reference of conduct matters' "for the purposes of para.11(2) of Sch.3 of the Police Reform Act 2002 ('Recording etc of conduct matters)", the descriptions of conduct include: "(1)(c) serious corruption, as defined in guidance issued by the Commission" (see IPCC, below) ; "(1)(d) a criminal offence or behaviour which is liable to lead to a disciplinary sanction and which in either case was aggravated by discriminatory behaviour on the grounds of a person's race, sex, religion, or other status identified in guidance by the Commission" ; "(f) conduct whose gravity or other exceptional circumstances make it appropriate to record the matter in which the conduct is involved"
(Reg.3 'Reference of complaints to the Commission' (i.e. the IPCC) contains the same list)
Reg.3, 'Dispensation by the Commission' (i.e. IPCC) states "(1) For the purposes of para.7 of Sch.3 to the Police Act 2002 (dispensation by the Commission from requirements of Sch.3)...(2) Complaints where...(a) more than 12 months have elapsed between the incident, or the latest incident, giving rise to the complaint and the making of the complaint and either that no good reason for the delay has been shown or that injustice would be likely to be caused by the delay"
Police (Complaints and Misconduct) Regulations 2008 (In force: 1 Dec 08)
The Explanatory Notes state that "These Regulations amend the Police (Complaints and Misconduct) Regulations 2004 by adding regulations 14A to E and accompanying definitions". Reg.14A 'Written notices' "For the purposes of para.19B(7) of Sch.3 to the Police Act 2002 (assessment of seriousness of conduct under investigation)" - this Regulation defines the content of the investigator's notification, including "(c)...if proved [whether] the conduct would amount to misconduct or gross misconduct" (In force at 1 Dec 08)
Police (Performance) Regulations 2008 (In force: 1 Dec 08)
The Explanatory Notes state that "These Regulations establish procedures for proceedings in respect of unsatisfactory performance or attendance of members of police forces of the rank of chief superintendent or below".
These Regulations are to be read subject to chpt.3 and chpt.4 of the Home Office Guidance. Para.2.1 of chpt.3 states “the performance of individual police officers is a key element in the delivery of a quality policing service"
Reg.4 'Interpretation and delegation' defines (1) " unsatisfactory performance" as "an inability or failure of a police officer to perform the duties of the role or rank he is currently undertaking to a satisfactory standard or level" ; (2)(a) "gross incompetence" as "and cognate expressions mean a serious inability or serious failure of a police officer to perform the duties of his rank or the role he is currently undertaking to a satisfactory standard or level, to the extent that dismissal would be justified"
Home Office Guidance
The above Police (Performance) Regulations state that they "are to be read subject to chpts.3 and 4 of the Home Office Guidance" - which is issued pursuant to s.87(1) Police Act 1996 and to which 'regard must be had'.
As stated earlier on, the Secretary of State has powers to issue Guidance - under s.87 of the 1996 Act, which states (1) "...police authorities, chief officers of police and other members of police forces...shall have regard to any such guidance in the discharge of their functions" .
Among the numerous points in Chpt. 3: 1.14 - "The importance of challenging unsatisfactory performance...of individual police officers in the context of overall unit/ force performance...should not be underestimated" ; 1.19 - "Any shortfall in performance...should be pointed out at the earliest opportunity by the line manager..." ; 2.2 - "Performance management is an integral part of a line manager's responsibilities..." ;
The entirety of chapter 1 of the 'Home Office Guidance - Police Officer Misconduct, Unsatisfactory Performance and Attendance Management Procedures', is dedicated to 'Guidance on Standards of Professional Behaviour', emphasising / highlighting e.g.
- "The importance of public confidence in the police being dependent on police officers demonstrating the highest level of personal and professional standards of behaviour"
- "Those entrusted to supervise and manage others are role model for delivering a professional, impartial and effective policing service... they must demonstrate strong leadership and deal with conduct which has fallen below the standards in an appropriate way"
- 1. 14 - "Police officers do not knowingly make any false, misleading or inaccurate oral or written statements or entries in any record or document kept or made in connection with any police activity"
- 1.26 and 1.27 -"Police officers act with fairness and impartiality. They do not discriminate unlawfully or unfairly [and]... carry out their duties... in accordance with current equality legislation. In protecting others' human rights, they act in accordance with Article 14 of the European Convention on Human Rights"
- 1.30 - "Police managers have a particular responsibility to support the promotion of equality and by their actions to set a positive example"
- 1.38 - "Police officers only give and carry out lawful orders and instructions"
- 1.78 - "Police officers are expected to uphold the Standards of Professional Behaviour in the police service by taking appropriate action if they come across the conduct of a colleague which has fallen below these standards. They never ignore such conduct"
- 1.79 - "...If they do not feel able to approach a line manager with their concerns, they may report the matter through the force’s confidential reporting mechanism, or to the Police Authority or Independent Police Complaints Commission (IPCC)"
(In reading this page, consider also e.g. the offences that have led to 40 police staff being sacked by Yorkshire and Humberside police) |
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My questions
As a - NON-LAWYER - I ask:
(1) - IN 2002, WHAT LED DC DR Adams and DC SP Crockett to conclude that they could commit offences against me under the Defamation Act 1996 - by misrepresenting / failing to record evidence / failing to record events - with the objective of, among others, undermining my credibility? (point # 1)
(2) - WHAT LED DC DR Adams to conclude that he could commit offences against me under the Protection from Harassment Act 1997 - by his threatening manner and comments on more than one occasion? (point # 1)
(3) - WHAT LED DC DR Adams and DC SP Crockett to conclude that they could ignore the Parliament-endorsed police's Code of Conduct (1999 Regulations, in force in 2002)? And ditto re. their supervisor, DI Webster, and the Chief Superintendent at the time. (My - non-lawyer - assessment of breach)
(4) - IN 2003, WHAT LED PC Neil Watson 206BS, "Crime Investigator", of Chelsea police, to conclude that he could commit offences against me under s.1(1)(3) of the Malicious Communications Act 1988 - ‘Offence of sending letters etc with intent to cause distress or anxiety’ (as amended by the Criminal Justice and Police Act 2001, s.43) (a criminal offence), and s.7(3A) 'aiding, abetting, counselling or procuring harassment' (a criminal offence) - by sending me his threatening letter of 27 January 2003, and continuing to harass me by sending his 6 February 2003 letter - instigated by Andrew Ladsky (point # 2)
(5) - WHAT LED PC Neil Watson 206BS, "Crime Investigator", to conclude that he could ignore s. 1(4) of the Criminal Procedure and Investigation Act 1996 which defines a criminal investigation as “investigation which police officers have a duty to conduct with a view to being ascertained (a) whether a person should be charged with an offence, or (b) whether a person charged with an offence is guilty of it” - as well as the Code of Practice under Part II of the Act e.g. para.3.5- "In conducting an investigation, the investigator should pursue all reasonable lines of inquiry, whether these point towards or away from the suspect…"
(6) - WHAT LED PC Neil Watson 206BS, "Crime Investigator", to conclude that he could FALSELY record on the police system that I committed an offence under the Protection from Harassment Act 1997? (point # 2)
(7) - WHAT LED PC Neil Watson 206BS, "Crime Investigator", to conclude that he could ignore the Parliament-endorsed police's Code of Conduct (1999 Regulations, in force in 2003)? And ditto re. the Chief Superintendent at the time. (My - non-lawyer - assessment of breach)
(8) - In 2007, WHAT LED TDC Simon J Dowling, of Kensington's 'Community Safety Unit', to conclude that he had the right, in his 16 March 2007 email to my website Host, to impersonate (a bent) investigating officer - and thereby act outside his statute-stipulated duties defined under sections 38(5A),(5B),6(a), and 38A, and Schedule 4 of the Police Reform Act 2002? (point # 3)
(9) - WHAT LED TDC Simon J Dowling, to conclude that he could commit offences against me under:
- (3) Crime and Disorder Act 1998: s.32(1)(a) - 'Racially or religiously aggravated harassment' (as amended by the Anti-terrorism, Crime and Security Act 2001, s 39(1), (5)(b), (6)(d)) (a criminal offence)
...- by sending his malicious, libellous and scurrilous 16 March 2007 and 20 March 2007 emails to my website Host - instigated by Andrew Ladsky, and in which, clearly at the behest of Ladsky, he branded me a "Nazi" because of my racial origin? (point # 3)
(10) - WHAT LED TDC Simon J Dowling to conclude that the Criminal Procedure and Investigations 1996 Act could be ignored?
(11) - WHAT LED TDC Simon J Dowling, to conclude that he could breach the Metropolitan Police Service code that “MPS personnel must not use MPS systems to author, transmit or store documents such as electronic mail…containing racist,…defamatory, offensive,…material” by sending his racist, xenophobic emails of 16 March 2007 and 20 March 2007 to my website Host? (point # 3)
(12) - WHAT LED TDC Simon J Dowling, to conclude that he is entitled to not only formulate - a FALSE opinion as to my mental health - but also record it on the police system, as well as communicate it to social services - with the obvious intention of getting me 'locked-up'? (2007 - Key point #8)
(13) WHAT LED Chief Superintendent Mark Heath / Other Chief Superintendent to conclude that - he, and the named officers - were exempt from compliance with the Parliament-endorsed police's Code of Conduct (Regulations 2004, in force in 2007) - including NOT CONTACTING ME AT ANY POINT IN TIME in relation to the so-called "complaint" against me by Andrew Ladsky - consequently TOTALLY DENYING ME THE RIGHT TO DEFEND MYSELF AGAINST THE FALSE ACCUSATIONS? (point # 3, including my - non-lawyer - assessment of breach of Code of Conduct)
(14) - WHAT LED TDC Simon J Dowling - ET.AL at Kensington police - to conclude that they could ALL overlook - ALL the reported 'black on white' evidence on my website - of criminal offences committed against me (and my fellow leaseholders) by Andrew Ladsky et.al. and their puppets, under: the Protection from Harassment Act 1997 ; the Fraud Act 2006 ; the Malicious Communications Act 1988 ; the Theft Act 1968 / Theft Amendment Act 1996 ; the Money Laundering Regulations / Proceeds of Crime Act 2002 ; s.32(1)(a) - Racially or religiously aggravated harassment of the Crime and Disorder Act 1998 ; Etc.? (points # 1 , # 2 , # 3 , # 5)
(15) - WHAT LED ALL involved in the 2002, 2003 and 2007 "crime reports" of which I am the "data subject" - including their supervisors and Chief Superintendent at the time - to conclude that they are exempt from compliance with s.4(4) of the Data Protection Act 1998 that sets "a duty on data controllers to comply with the Principles" comprised under Parts I and II in Sch.1, and that, in the context of the First Principle, handling of personal and sensitive personal data, are likewise at liberty to contravene Sch.2 and Sch.3 of the Act - resulting, overall, in numerous, repeated contraventions of the Act? (point # 5.1).
(16) - In 2009-10, WHAT LED Acting Chief Inspector Steve McSorley, 'Professional Standards', Kensington police - and Chief Superintendent Mark Heath, Borough Commander, on whose behalf he also replied - to conclude that they could keep on breaching the Data Protection Act 1998 - by refusing to make amendments and deletions? (point # 5) - including following my 2 June 2010 s.10 Notice - under s.10(1) of the Act (point #5.1) And, in the context of the latter, failing to respond "within 21 days", as per s.10(3) - thereby committing an additional contravention: a breach of the Sixth Principle as detailed under para.8(b) of Sch.1 of the Act.
(17) - WHAT LED Acting Chief Inspector Steve McSorley, 'Professional Standards', Kensington police - and Chief Superintendent Mark Heath, Borough Commander, on whose behalf he also replied - to conclude that they could commit an offence against me under s.1(1), (3) of the Malicious Communications Act 1988 - by refusing to acknowledge my claims and consequent demands (point # 5) - thereby causing me totally unwarranted great distress? (point # 5)
(18) WHAT LED Chief Superintendent Mark Heath to conclude that he, his police officers, including Steve McSorley - are exempt from compliance with the Parliament-endorsed Standards of Professional Behaviour, as well as with the Home Office Guidance? (My - non-lawyer - assessment of breach of Code of Conduct)
(19) WHAT LED Chief Superintendent Mark Heath to conclude that he, his police officers, including Steve McSorley and the officers involved in October 2010 when, in the course of seven visits to Kensington & Chelsea police I attempted - in vain - to file complaints of harassment - are exempt from compliance with the Equality Act 2010: s.4- ‘The protected characteristics’, in particular: s.9(1)(b)(c)- ‘Race’, and s.11(a)- ‘Sex’ (see my profile) ; s.13(1)- ‘Direct discrimination’ (ditto) ; s.29(1), 2(c), (4), 5(a)(c)- ‘Provision of services’ ; s.112(1)- 'Aiding contraventions' - by the way they have and continue to treat me since these sections came into force (1 Oct 10)? (Assessment further reinforced "on the balance of probabilities" (Police (Performance) Regulations 2008 , Reg.8(a)) - in light of the treatment in 2002, 2003 and 2007)
(20) WHAT LED the Directorate of Professional Standards, including DI Crispin Lee, to conclude that it could endorse Kensington police's non-compliance with the requirements of: the Data Protection Act 1998; the Parliament-endorsed police's Standards of Professional Behaviour; the Home Office Guidance? (point # 5) (My - non-lawyer - assessment of breach of Code of Conduct)
(21) WHAT LED the Met Commissioner, Sir Paul Stephenson - to conclude that he could ignore the conduct of Chief Superintendent Mark Heath, Borough Commander? (point # 5)
(22) - WHAT LED Alan Johnson, the then Home Office Minister (Home Office), to conclude that: (1) Kensington police, its Professional Standards department; the Directorate of Professional Standards -are at liberty to ignore the Parliament-endorsed police's Standards of Professional Behaviour, the Home Office Guidance, and the policing plans, 2nd point ; (2) his other department, the so-called 'Independent' Police Complaints Commission (IPCC), can TOTALLY FAIL to perform its statutory duty - including approving of Kensington, Chelsea and Notting Hill police's breach of my rights under the Data Protection Act 1998 - by telling me that I "need to refer my complaint to the Information Commissioner in order to 'perhaps' get the issues addressed" - and, in the process, also ignore the police's Standards of Professional Behaviour, as well the Home Office Guidance? (point # 5)
(23) - WHAT LED ALL to conclude that, in relation to Andrew Ladsky in 2002, 2003 and 2007, they could ignore the repeated offences of harassment against me committed by him / under his instructions - evidently driven by hate, as well as racial prejudice, because I am part German descent, hence criminal offences under (1) Protection from Harassment Act: s.1(1), (2)- 'Prohibition of harassment' ; s.2- 'Offence of harassment' ; s.4(1), (2), (4)- 'Putting people in fear of violence' ; s.7(1), (2)- Interpretation of this group of sections', including s.7(3A)- 'Collective harassment' (as inserted by the Criminal Justice and Police Act 2001, s.44(1)(2)) ; (2) Crime and Disorder Act 1998: s.32(1)- 'Racially or religiously aggravated harassment'
(24) - WHAT LED ALL to conclude that, in relation to Andrew Ladsky in 2003 and 2007, they could - AMONG MANY OTHER CRIMINAL OFFENCES - he committed / had carried out on his "instructions" - ignore s.5(2) of the Criminal Law Act 1967: "Penalties for...giving false information: Where a person causes any wasteful employment of the police by knowingly making to any person a false report tending to show that an offence has been committed, or to give rise to apprehension for the safety of any persons or property, or tending to show that he has information material to any police inquiry, he shall be liable on summary conviction to imprisonment for not more than six months or to a fine of not more [level 4 on the standard scale] or to both" (Reference to level on the standard scale substituted by virtue of the Criminal Justice Act 1982, ss 38, 46) |
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WHAT LED Chief Superintendent Mark Heath (point # 5 and #5.1) and previous Chief Superintendents, DI Paul Webster, DC DR Adams, DC SP Crockett, Sir Toby Harris (point #1), PC Neil Watson 206BS, "Crime Investigator" (point #2), TDC Simon J Dowling and PC 474BS K O’Brien (point #3) , the police Public Access Office, Acting Chief Inspector Steve McSorley, KCP Professional Standards, Detective Inspector Crispin Lee, Directorate of Professional Standards, the 'Independent' Police Complaints Commission, PC Giles, Sergeant Avison, et.al. - and hence, (bar the last two), the then Home Secretary, Alan Johnson, heading ALL these departments...
... – to conclude that they were / are exempt from compliance with my rights under the HUMAN RIGHTS ACT 1998? In particular:
s.6(1)- "It is unlawful for a public authority to act in a way that is incompatible with a Convention right…"; s.6(6) "An act includes a failure to act"
Human Rights Articles comprised under Sch.1 of the HRA 1998
Article 2 - Right to life - "1. Everyone’s right to life shall be protected by law". Under s.6(1) of the HRA the State has a positive obligation to take particular steps to protect women from the acts of others (see My Diary Oct 10)
Article 3 – The prohibition of torture - “No one shall be subjected to…degrading treatment or punishment”. The State has an absolute obligation to ensure compliance with this Article.
Repeated, wilful, malicious, discrimination, entailing contempt, lack of respect, designed to humiliate and debase the individual (as the police has done to me since 2002, and continued to do during my visits in Oct 10, as well as by ignoring my repeated demands in relation to the "crime reports" ) has been found by the European Court of Human Rights (ECtHR) to amount to degrading treatment.
Article 6 – Right to a fair trial - 1. “In the determination…of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law” i.e. criminal charges MUST be determined at first instance by a court of law complying with the guarantees of Article 6.1 – and the individual must be given an adequate opportunity to meet those allegations by making representations.
2. “Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law”
ECtHR’s definition of a ‘charge’ for the purposes of Article 6.1: “the official notification given to an individual by the competent authority of an allegation that he has committed a criminal offence”; “Can be constituted by any official act that carries the implication that the individual has committed a criminal offence, and likewise substantially affect the situation of the individual”
Article 8 – Right to respect for private life - 1. “Everyone has the right to respect for his private and family life, his home and his correspondence”
2. “There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others”
The State cannot justify the infringement of my Article 8 Right as:
- (3) Failing to give me access to an extensive part of my personal data: (i) extensive blocked out data on the "crime reports" ; (ii) failing to address any of my questions in: my 28 May 2009 Subject Access Request ; in my 13 August 2009 reply to the "crime reports" (repeated in my 20 September 2009 letter) (point #5 ; point #5.1)
Nor can the State justify infringing my Article 8 Right through: (i) daily monitoring of my movements (examples in My Diary 23 May 10 ; 17 Oct 10); (ii) monitoring and interference with my mobile phones, post, emails and computer.
Other evidence in support of my conclusion: (i) Kensington police et.al. spending, up to 2003, £5-7million of taxpayer money trying to get Dizaei's 'scalp' - and the unbelievable lengths they went to ; (ii) the experience of other whistleblowers ; (iii) the experience of other victims of injustice ; (iv) 'Surveillance Britain'
To justify surveillance under Article 8.2, it is necessary for the State / public authorities to show that: (a) the activity in question is “prescribed by law” i.e. the legal basis must be identified, and established; there is no scope for states to infer grounds for restrictions that are not explicitly stated; and (b) it is “necessary” and “proportionate”.
As blatantly obvious by my experience and that of others, the measures intended to prevent abuse of the surveillance legislation are ignored. (See My Diary 2011-Introduction)
I AM THE INNOCENT VICTIM OF ORGANISED CRIME - NOT a criminal.
Under which, ‘legally-supported’, ‘high degree of necessity’, do the State and public authorities - in this 'democracy' - justify having me under this highly intrusive, extreme and continuous surveillance as though I were a terrorist – with the outcome of: blighting my life; getting me to cut off ties with all my contacts in the UK to avoid their being also under surveillance - bar individuals who, like me, are fighting for justice and redress – as many also report being subjected to similar treatment, etc?
I have the right to create and foster relationships with others, without fearing that my doing this will put them under surveillance. Ditto in relation to maintaining my relationships with my family.
The extreme and continuous surveillance I am being subjected to is also a breach of Article 2, as it is degrading, extremely distressing, and a direct attack on my human dignity.
Concurrent with this, the State and public authorities are processing personal data about me, including photographs, and film footage – that are shown / given to the goons who are following me, monitoring me. (Recent - undeniable - evidence of this: the goon on the bus in Mar 11). Under Article 8, the State has a positive obligation to afford me access to this data - which, no doubt, is in the same vein as the so-called “crime reports”.
Article 10 - Freedom of expression - 1 "Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers...".
Contrast that with the lengths KCPN and the rest of the 'Brotherhood' went to to try to get my website closed down in 2007 and how they opted to punish me for 'daring' to set it up (after 5 years of fighting - in vain).
Article 14 – Prohibition of discrimination - “The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or status”
This Article is engaged as a result of the violation of my above rights. As glaringly obvious, these breaches of my rights are motivated by blatant discrimination. The cause of this discrimination is because I ‘dare’ to stand-up and fight for my rights, including setting-up this website - combined with my profile.
ECtHR’s meaning of discrimination “a difference in treatment which has no reasonable and objective justification”. This is evidenced by the flagrant difference in the treatment of Andrew Ladsky by the police - (and the rest of the 'Brotherhood') v the way I have and continue to be treated - as detailed on this page. (See also Home page-Overview) |
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My profile
Looking at the treatment I have / continue to be subjected to by Kensington, Chelsea and Notting Hill police (evidently with the endorsement of the Met Commissioner, and in all probablity, ACPO): (1) since my very first contact with KCP in 2002; (2) Chief Superintendent Mark Health refusing to destroy the malicious, unlawful "crime reports" against me - for the blatantly obvious reason of planning to use them against me to 'put me out of action' ; (3) during my 7 visits in October 2010; (4) the attitude of its officers when they see me in the street; (4) their reporting on my movements - including other evidence, as well as interceptions in which - on the balance of probabities - I am absolutely certain KCP is involved.
it is blatantly obvious that this discrimination, terrorising, tormenting, persecution, harassment, bullying and humiliation - stem (in addition to their extremely sick psyches) from my:
- (2) Marital status: single; no family in this country
- (4) Socio-economic status: I am just one of the 'little people', a pensioner, of limited financial means; not 'well connected' - including, of course: not having the all-important 'Brotherhood' connection -and therefore not expected to fight back against the abusive, oppressive, unlawful treatment by the authorities;
- (added to the fact that, until 2002, when I was dragged, kicking and screaming, into this sheer, utter hell by Andrew Ladsky and his aides i.e. in my previous 33 years in this country, I had NEVER had any contact with the police - thereby making me 'a soft target'). (As evidenced by my experience and that of many others (e.g. Maurice Kirk; Victims Unite; locking-up 'inconvenient people', classifying them as "domestic extremists" for 'daring' to engage in peaceful protests), in this country, it is the law-abiding, 'little people' who tend to have most to fear from the police. This is especially the case if, like me, they 'dare' stand-up against crime. Hence: criminals are protected at the expense of the victims)
- (5) National origin: in particular my being of part German descent - because Andrew Ladsky claims to be 'Jewish' (See 2007 the false accusations by Ladsky and Notting Hill police that my website "contains anti-Semitic comments" - 'to be expected' because I am "Franco-German" - and being branded a "Nazi" by TDC Simon J Dowling - on the obvious diktat from Ladsky)
- (7) 'Daring' to challenge the police on its false, malicious, perverse accusations, deceits, poisonous fabrications, cover-ups, etc., and not being intimidated by its threats, bullying and persecution tactics, etc. - hence, in the process, 'daring' to stand-up for my rights (e.g. summary in my 2 June 2010 s.10 Notice (point #5.1, below to Chief Superintendent Mark Heath)
- (8) 'Daring' to file complaints against Kensington police (in 2002; in 2010), and 'daring' to escalate them at high level, as well as 'daring' to challenge the higher levels for their failure to do their job i.e. assume their responsibilities.
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(1) Blatant evidence of protection of Andrew Ladsky and concurrent wilful discrimination against me by Kensington & Chelsea police in 2002 when I (as well as fellow leaseholders) reported him for harassment - and further confirmed by the police "Crime report" CR:5604102/02
I filed a 28 May 2009 Subject Access Request to the police (point # 5, below), leading to my obtaining the police report CR:5604102/02 in relation to this complaint. I replied on 13 August 2009, supported by a 101 page bundle of 49 documents, demanding changes to the report - as per my rights under the Data Protection Act 1998, to seek - and obtain - an end to the processing of data “likely to cause damage or distress”, as well as obtain correction of data to ensure that it is “fair, lawful and accurate”.
Following a 25 August 2009 reply that amounts to a 'get lost', I replied on 20 September 2009 insisting on my rights (for subsequent events, see point # 5, below)
Key points of note:
(1) Page 13 – Classification (of offence) ‘Method’, CR:5604102/02 report - FALSELY states that I identified the perpetrator of the harassment as "unknown" when, in fact, I identified Andrew Ladsky.
It defines this "unknown" person as my "neighbour". In the other two reports (for the 2003 so-called 'complaint: CR:5602261/03 (point # 2, below), and for the 2007 so-called 'complaint': CR:5605839/07 (point # 3, below)), Andrew Ladsky is also described as my "neighbour"..
(In my 20 September 2009 letter (pg 21) I replied "K&C police KNOWS that Ladsky is the landlord, but prefers to hide this fact
- thereby giving him scope to play the 'poor innocent victim', as well as making the captured 'story' and trumped-up accusations (stemming from revenge and abuse of power) an 'easier sale' to those not familiar with the situation - and thereby build the case against me"
(1A) 'Page 2 - General Classification - DV/Hate Crime - is this a Hate Crime?' and 'Page 6 - Vulnerable/ intimidated victim - have been left blank. It IS a "Hate Crime": "Race" and, "Targeted because of vulnerability" as I was suffering harassment from Andrew Ladsky because: (1) I 'dared' to challenge (within my rights: point 64 of the 17 July 2003 LVT report) his application to the London Leasehold Valuation Tribunal - and subsequently proven fraud ; (2) (in addition to my other characteristics) I am of part German descent and he is 'Jewish'
Further supporting evidence: (1) The 2003 so-called “complaint” against me by Ladsky - aided by active assistance from K&C police - was intended to scare me from continuing with my challenge of the ‘service charge’ demand at the impending London LVT hearing on 5 February 2003 ; (2) Ladsky’s so-called “complaint” against me in 2007 – also with the very active assistance of K&C police - that resulted in my being branded a “Nazi” by Ladsky and K&C police because I am "franco-german" (20 Mar 07 email)
In my - NON-LAWYER - opinion:
K&C police SHOULD have prosecuted Andrew Ladsky for "Hate crimes" against me, motivated by "Race" and because of my "gender" and "socio-economic status"
Note that the Association of Chief Police Officers (ACPO) has issued the police forces with a Hate Crime Manual "for the recording of a hate incident or crime" (The version I found is dated 2000). Evidently, Kensington police is perceived to be exempt from compliance. In the same way that it is evidently exempt from compliance with the Crown Prosecution Service's "specific guidance on the prosecution of hate crime" which "covers racist...crime" |
(1B) 'Page 13 - Main classification Description' only states "SUBSTANT/Improper use of public telecommunication system". K&C police has FAILED to state: Protection from Harassment Act 1997 as the repeated harassment amounts to offences under this Act.
(2) 'My' landline number was captured - instead of capturing the Reach Europe landline number from which some calls were made to my phone (Pages 19 and 20 – '22/02/2002 – 14h31 – DC SP Crockett', CR:5604102/02 report)
One month later, the Reach Europe number was FALSELY described as "a BT cellnet number" (Page 22 – '20/03/2002 – 9h34 – DC SP Crockett', CR:5604102/02 report)
A further eight days later, DC DR Adams FALSELY recorded that he still needed to determine the accuracy of the information he had been provided by BT (Page 24 – '28/03/2002 – 12h44 - DC Adams', CR:5604102/02 report) v. what he had told me on that day: that (1) he had “contacted Reach Europe” ; (2) that there was “no subscriber for the number”; that “BT is wrong. Something must have gone wrong with their system” ; (3) “We’ll contact BT again but, if they got the wrong number, we won’t contact you again” (I captured this conversation on page 4 of my 5 May 2002 letter to Sir Toby Harris, and on page 2 of my 2 April 2002 letter to DI Paul Webster)
As to "...if they got the wrong number, we won’t contact you again” = we have NO INTENTION of contacting you again. And indeed, in his entry for 27 March 2002 – 22h52, page 23 of the CR:5604102/02 report states “This matter is complete” (3) Further evidence of BLIND DETERMINATION TO PROTECT LADSKY:
- (1) DC DR Adams “…in this case there was absolutely no evidence to link – 104 – (i.e. Ladsky) with this matter” (Page 24 - '26/03/2002 – 13h42 – DC Adams', CR:5604102/02 report)
(In my 20 September 2009 letter (pg 23), I wrote "This false statement impacts negatively on me, by falsely portraying me as an individual who makes unfounded accusations"
- (2) DC DR Adams "...[Ladsky] has not been the subject in any Cris reports…” (Page 24 - '26/03/2002 – 13h42 – DC Adams', CR:5604102/02 report) (NB: At least another FOUR other residents have complained against him to K&C police - point # 4, below) (NB: This is what DI Paul Webster wrote in his 23 April 2002 letter to me (hence one month later) in reply to mine of 2 April 2002 - a reply he, of course, FAILED to capture)
(In my 13 August 2009 letter (pg 13) I wrote “K&C police claims to have no “crime report” against Ladsky - because it evidently ensures that none are recorded.... as harassment is a criminal offence under the Protection from Harassment Act 1997 – it follows that Kensington & Chelsea police has not only failed to record these acts by Andrew Ladsky – it has also failed to take action”...
... while in my 20 September 2009 letter (pg 22), I wrote "By hiding this evidence, the consequential impact on me of the implication that Ladsky has ‘not committed any criminal offences’ is that it contributes to forming a negative perception of me by undermining my credibility...")
- (3) DC DR Adams eventually telling me that "all the anonymous phone calls were made by Mrs [X]" - and capturing this in the CR:5604102/02 report, on page 30; 25/05/2002 – 10h52 – DC Adams - v. the entry by DC Adams on page 29, 22/05/2002 – 19h39: “There is no way of tracing which telephone was used to make the three calls between 18h23 and 18h27 on 19/2/2” (NB: If the phone "cannot be traced" then, nor can the caller. It's just a continuation of the cover-up) (In my 31 May 2002 email to Sir Harris, I questioned DC Adams's assertion that "the anonymous phone calls from the landline number were made from the Carlton Tower hotel")
(4) DC DR Adams FAILED TO RECORD the fabricated story he told me on 20 March 2002, that the resident alleged to have made the anonymous calls to me "had her phone stolen in November 2001" and that it had "mysteriously reappeared at her door, three months later"
(5) DC DR Crockett FAILED TO RECORD that, on 20 March 2002, he told me that the calls from the landline number "came from your phone. Something must have gone wrong with your BT voicemail"
(6) DC DR Adams FAILED TO RECORD when the so-called 'admission' by the resident, alleged to have made the anonymous phone calls to me, 'apparently' took place.
(7) DC DR Adams FAILED TO RECORD the fact that, on 26 March 2002, at 12h50, I sent him a fax reporting the conversation I had with BT - because it undermines his fabrications
(8) DC DR Adams FAILED TO RECORD the fact in my 15h11, 25 March 2002 fax, I related the main points he claimed the resident alleged to have made the calls had told him - asking him to confirm my understanding. And of course, he also FAILED to record the fact that he never replied.
(9) DC DR Adams FAILED TO RECORD the fact that, on 27 March 2002:
(1) I phoned him to determine whether he had received my faxes of 25 and 26 March;
(2) he complained “So, we are going to have to throw resources at this for just two phone calls!”; (3) had said to me “You won’t be able to prove a link with Andrew Ladsky” To this I replied: “How do you know that? Are you talking to him?” (conversation captured in my 2 April 2002 letter to DI Paul Webster).
(In my 20 September 2009 letter, (pg 27) I wrote "Failure to process this data has an impact on me as, by not stating that I was put under duress by DC Adams, as well as, in effect, told (what was obvious to me) that K&C police was ‘in Andrew Ladsky’s camp’, it can be construed that I backed down on my complaint – thereby undermining my credibility")
(10) DI P Webster and DC DR Adams took steps to ensure that MY COMPLAINTS WERE NOT RECORDED in the report:
- 'Page 22 - 19/03/2002 - 15h27 - DI P Webster' wrote "I have received a registered letter from Ms Rawé regarding the progress of this investigation". The date of my letter is 13 March 2002. It is a complaint to the Police Complaints Authority. The letter was not addressed to him. He got hold of it because I copied DC Adams and DC SP Crockett on the letter.
- 'Page 26 - 08/04/2002 - 14h32 - DC DR Adams': All - bar one point - in my 2 April 2002 letter to DI P Webster in which I relate comprehensive detail of my dealings with DC DR Adams from 20 March to 27 March 2002 - including quoting him verbatim - has NOT BEEN CAPTURED. (And I already communicated the captured point before)
- DI P Webster FAILED to capture his 23 April 2002 'reply' to my 2 April 2002 letter in which, among other, he states "No crime report has been reported to this police borough regarding Mr Ladsky…”. One month later, on 'Page 30 - 25/05/2002 - 10h52 - DC DR Adams', DC DR Adams FALSELY wrote that he told me that "DI Webster would be writing to her to cover all the points made in her previous letter". Then, they closed the report.
- My 5 May 2002 'cry for help' to Sir Toby Harris asking for "an independent investigation of events with Kensington & Chelsea police" has NOT BEEN CAPTURED. As can be seen from his 11 July 2002 reply, Sir Harris DID contact K&C police. Of course, likewise, this has NOT BEEN RECORDED.
(In my 20 September 2009 letter, (pg 27) I wrote "Failure to record my correspondence to Sir Toby Harris is evidently intended to cover-up the fact that I was not satisfied with K&C police’s ‘handling’ of my complaint. Not revealing this correspondence undermines my credibility")
In my - NON-LAWYER - opinion I hold the view that:
The above amounts to breaches by DC DR Adams and DI P Webster of:
(1) The Data Protection Act 1998
s.4(4)- Failure to comply with the data protection Principles
Sch.1 Parts I and II, Principles:
- First Principle - Wilful and reckless failure to apply standards of: (1) lawfulness; (2) fairness
- Second Principle - Wilful and reckless processing of data for unlawful purposes
- Third Principle - Wilful and reckless failure to process: (1) adequate data; (2) relevant data
- Fourth Principle - (1) Wilful and reckless processing of false data - knowing how the data would be processed; (2) Failure to capture accurate data.
- Seventh Principle - Failure to ensure that employees processing data, of which I am the data subject, did not breach my rights under the DPA.
(2) The Human Rights Act 1998
s.6(1)- "It is unlawful for a public authority to act in a way that is incompatible with a Convention right…"; s.6(6) "An act includes a failure to act"
- Article 8 - Right to respect for private life - combined with
- Article 14 - Prohibition of discrimination
- as the contravention of my Article 8 Right is motivated by blatant discrimination. The cause of this discrimination is because I 'dared' to file a complaint against KCP's protégé, Andrew Ladsky - combined with my profile.
(3) Criminal Procedure and Investigation Act 1996
s. 1(4) of the Act 1996 defines a criminal investigation as “investigation which police officers have a duty to conduct with a view to being ascertained (a) whether a person should be charged with an offence, or (b) whether a person charged with an offence is guilty of it”. Further, the Code of Practice supplementing the Act, under para.3.5, imposes a duty on police officers “to pursue all reasonable lines of inquiry, whether these point towards or away from the suspect”.
(4) Police (Conduct) Regulations 1999 - Reg.4 Code of Conduct
- Use of bullying and intimidation tactics to force me to drop me complaint.
- Making it clear to me that KCP does not record complaints of harassment against Andrew Ladsky.
- Failure to record key information and events - because ‘inconvenient’ to KCP’s purposes.
- Manipulation and/or fabrication of evidence and/or assumptions, during and/or following conversations, as well as in the processing of the data - for the purposes of protecting Ladsky - and concurrently undermine my complaint - including describing him as my "neighbour".
- Failure by supervisory officers to oppose improper conduct.
- In the said actions and omissions, acting in a manner that discredits the Police Service in the eyes of the public.
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(See point # 5, below, for the outrageous excuses by Acting Chief Inspector, Steve McSorley, 'Professional Standards', K&C police, for REFUSING to amend this (and the other two reports) |
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30 January 2002 - At c. 23h00 when I came back
from work, Andrew Ladsky forced me into
the building by coming within centimeters
of me as I was at the front door. I asked
him who he was (I had never seen him before),
whether he was living in the block. He
replied: "None of your business"
1 February 2002 - (At
the time I had just
replied to Joan Hathaway, MRICS, Martin
Russell Jones, 'managing' agents for
Jefferson House, that the planned survey
for the block dealt with items connected
with the building of an extra floor
rather than with redecoration). (I WAS RIGHT! see e.g. Major works)
At 22h45 somebody presses my door bell and immediately
walks into the building (i.e. has the key
to the front door). The lift is activated
for a long time i.e. going up several floors. Andrew Ladsky was living on the 5th floor at the
time.
I
conclude that it is him, given the encounter
on 30 January 2002, as well as the history
of harassment and intimidation of other
residents, including in particular of the
person who was running our residents
association the
minute she interfered with his plans. (See
also Notices
by landlord - 13 December 2000 , as well as
harassment of other residents: Elderly
Resident , Other
Residents - and of Nucleus, local
Citizens Advice Bureau)
15 February 2002 - At 23h45 a small hard object
is thrown at my windows. It is immediately
followed by somebody coming into the building. Yet
again, the lift is activated for a long time. Again,
I conclude that it must be Ladsky. (The same thing was repeated on 3 April 2002).
17 February 2002 - I received anonymous
phone calls at home, in succession,
from 21h50.
British Telecom (BT) told
me that 13 calls were made
that evening. (I switched the bell
off after 8-9 calls in succession). (Note:
Although I did not have a trace on
my phone on 17 February, BT was nonetheless
able to trace the calls).
19 February 2002 - Another seven anonymous phone calls were made to my home phone. All were traced by BT. Hence, by then, a total of 20 anonymous phone calls had been made to my phone.
(NB: In late February / early March 2002, I also received anonymous phone calls at work – which I knew were from Ladsky / one of his accomplices as the first call had led the switchboard to contact me to say that somebody was asking for Noëlle K-Dit-Rawé - which is the name I use in relation to the flat). (For work I only used Noëlle Rawé). (A woman, clearly one of Ladsky's accomplices, also phoned me at work in January/February 2004 in an attempt to scare me as 'the message' included "Don't worry, they won't kill you") (NB: There has been a change of plan as on 15 June 2009 I was told "Enjoy your life. You don't have long to live")
18 February 2002 -
In the evening, I went to Chelsea police, Lucan Street,
to report the calls, as well as pressing
of my door bell and object thrown at my
windows - and identified Andrew Ladsky as the perpetrator of this harassment (acts which, under the Protection from Harassment Act 1997, are punishable by imprisonment).
On 19 / 20 February 2002, I was told by DC DR Adams that the
form I had completed at the station was lost. Considering the very obvious reluctance to record my complaint, it did not surprise me to hear this. I therefore
completed another form and was given a crime
report number BS
560 4102/02C.
According to page 1 of the 11 July 2002 letter from Sir Toby Harris, the "...complaint was recorded... under the Malicious Communications Act"
During my conversation with DC DR Adams, when I reiterated my claim that the perpetrator was Andrew Ladsky, his immediate response was “nobody else has complained about him!” (Making me feel as though I were a liar). When I said that the resident of flat [x] had complained about him, his split second reply was “the 71 year old man!”. (see key point # 3, above)
What shocked was the implication that the police dismissed a complaint made by a man of this age, and the fact that DC Adams had lied to me. It is obvious that DC Adams knew / had heard of Ladsky – and he gave it away by ‘immediately’ saying that “nobody has ever complained about him”
After a delay caused by the police, British Telecom supplied the numbers to the police on 22 February 2002.
On phoning DC Adams, the following week, he told me that the calls had been made from two numbers: a mobile phone and a landline. He said that in the case of the landline number, what was “very odd” was that there was “no subscriber”. I checked with BT who told me that the reason it did not provide the name of a subscriber was because the phone was registered with another telephone service supplier – and that it had specified the name of the provider: ‘Reach Europe’. DC DR Adams had withheld this information from me making it sound as though it would be impossible to determine the name of the subscriber (which is ridiculous as somebody had to be paying for the calls). (From report: And his mate, DC SP Crockett, made sure that the Reach Europe number was not captured on the police system - see key point # 2, above)
In reply to my question as to how long it would take to obtain the name of the owner of the telephones, he said “it could take several weeks”
26 February 2002 - When I came back from work, (as he had done on two previous occasions), Andrew Ladsky seemed to jump out of nowhere behind me as I was entering the building. He pushed me aside to pass by me in the corridor. When I commented on his behaviour, he told me to “get lost”
7 March 2002 - 21h45 - Andrew Ladsky and another individual tried to intimidate me at a bus stop.
11 March 2002 - Malicious leak in my bathroom. (For other examples of harassment and persecution by Andrew Ladsky and /or on his instructions - in addition to this page - see e.g. Protection from Harassment Act 1997, including a list).
As, by 11 March 2002 the police told me that it had not heard from the phone service providers, I said that I would file a complaint with the Police Complaints Authority (*) – which I did on 13 March 2002 – and copied DC DR Adams, as well as DC SP Crockett, with whom I had also been dealing when DC Adams was not available. (*) Following a European Court of Human Rights case, 'replaced by' / change of name in Apr 2004 to 'Independent' Police Complaints Commission (IPCC)
On 20 March 2002, DC DR Adams phoned me to say that the calls made from a mobile number were from a phone that belonged to Resident K who then lived in flat 33, apparently, below that of Andrew Ladsky. I noted with great interest how the “it could take several weeks to get the name of the subscribers” had suddenly been reduced – evidently, as a result of my complaint.

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DC Adams said that Resident K’s phone had been “stolen in November 2001”, and that she was “very sorry”. I did not buy this story. (see key point # 4, above)
While Resident K might have obtained my (ex. directory) number from the Residents Association (I had not given her my number, but I was a member of the Committee), it simply does not make sense that somebody who ‘steals’ a phone waits four months to start dialing a number stored in the memory and does so 13 times on one day; waits another two days, and does it another five/six times. This person clearly knew who he / she was dialing.
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When I asked about the subscriber for the calls made from a landline, DC Adams told me “They came from your own phone”. I could not believe the stupidity of the reply, and asked “Are you telling me that I am making anonymous phone calls to myself?”
DC Adams asked whether I used BT voicemail. To my replying that I did, he said “Well something must have gone wrong with it. It’s been calling your number by mistake”. (see key point # 5, above)
It was blatantly obvious that DC DR Adams was going out of his way to not reveal the subscriber of the landline number – which I concluded was Ladsky. (Confirmed by the report, as DC Adams's mate, DC SP Crockett, made sure that the Reach Europe number was NOT captured on the police system - see key point # 2, above)
DC Adams asked me “Will you prosecute?” to which I replied that I would get back to him.
DC DR Adams phoned me at 10h45 on 25 March 2002, and said, in an extremely aggressive, angry tone “You said you would phone back. Are you going to prosecute?” To my replying that I did not have enough information to make this decision, he said that I had – to which I replied “No, I want to know who, what, when, where, how? I cannot take a decision without having the facts. For all I know, Mrs [x] is innocent”.
DC Adams then said “We take the decision whether or not to prosecute”, to which I replied “Why ask me if I want to prosecute if the decision is not mine to take in the first place?”
It led him to say “If we find out that she has done it, will you be prepared to come and make a statement at the station?”. I replied “Absolutely!” He then asked “Are you prepared to come to court?” – to which I also replied “Absolutely!”
My replies spurred on the most ‘amazing’ development as, three-and-half hours later, i.e. on 25 March 2002, at 14h10, DC Adams phoned me back. ‘Amazingly’, in the space of these three-and-half hours, DC Adams had managed to contact Resident K and interview her. DC Adams said “She admits to having made the anonymous phone calls. She said that her phone mysteriously reappeared at her door. I told her we were not buying that story. She said she does not know why she has done it. I really probed her, asked her whether you had upset her in any way. She said no. She is very sorry she has done this. She said that Andrew Ladsky has been harassing her” (Everything 'stunk of cover-up) (see key point # 6, above)
To this I replied “So, there are five people now who have complained to the police about Andrew Ladsky!” – and I listed them. DC Adams replied “We are talking about anonymous phone calls here”. To which my response was “Why are you so reticent when I mention Andrew Ladsky’s name?” In fact, I should have said ‘why do you go on the defensive when I mention Andrew Ladsky?’
It was blatantly obvious that DC DR Adams was protecting Andrew Ladsky – and so were others with whom I had been in contact at Kensington & Chelsea police – and it continued to be blatantly obvious.
Knowing the harassment, intimidation, bullying and other scare tactics suffered by other residents at the hands of Ladsky / his aides (Head of Residents Association ; Elderly Resident ; Other Residents), I thought that Resident K might have been made to act under duress – and the concocted story by DC Adams added to this impression. Hence, I told DC Adams that I agreed with his suggestion of “issuing her with a formal warning and that should she do this again, you would prosecute her”.
(Subsequent events re. Resident K: (1) on the - FRAUDULENT - 29 November 2002 claim filed in West London County Court, the Particulars of claim show that the ‘service charge’ demand for her flat, flat 33, was the second highest, at £62,000 (US$109,300) (it can also be seen on MRJ's "Major works apportionment" issued in relation to the 29 November 2002 claim) ; (2) in 2003, the Land Registry record for flat 33 had “a caution” filed against the flat “on 10 October 2003 in favour of Steel Services”). (NOTE In August 2007 this resident was still in the block - which I find most extraordinary - see the note at the beginning of the section on Ex(?) Resident K )
(NB: Please note that the 29 November 2002 claim, like the second 27 February 2007 claim, also filed against me in West London County Court, on this occasion by Portner and Jaskel - are BOTH FRAUDULENT - as explained throughout this site e.g. London Leasehold Valuation Tribunal # 4 , # 6 , # 7 ; Mr Brian Gale ; Cawdery Kaye Fireman Taylor (CKFT) ; Martin Russell Jones (MRJ) ; Pridie Brewster # 18 ; Stan Gallagher ; Piper Smith Basham/Watton - snapshot in My Diary 22 Nov 08: the undeniable proof that the threat of forfeiture and bankruptcy proceedings, as well as court claims = FRAUD TOOLS
In relation to the first claim, not surprisingly, finding themselves with the equivalent of having 'a gun held to their head' (see CKFT # 5 , # 6.1 and # 6.2 ) - and West London County Court opting to ignore the fact that the court action was an 'abuse of process of court' as it continued with the action against the leaseholders (I informed the courts about the LVT action a total of 8 TIMES) - including issuing judgement/s - led to 9 out of the 14 flats listed on the claim (Particulars of claim and list) ending-up paying the FULL amount of the 'service charge', and a further 16 flats had also paid the full amount by the end of 2003 - amounting to £502,000 (CKFT # 2 , # 6.6 , # 6.3 ; Pridie Brewster # 18). In fact, because of breach of consultation procedures, the contribution for EACH flat should have been CAPPED at £250 - see detail in My Diary 6 May 08. (Events are contained in my 3 June 2008 Witness Statement).
Considering what has happened to me for 'daring' to fight back against the fraud: being persecuted as though I am the criminal - instead of what I am: THE INNOCENT VICTIM OF CRIME (see also: home introduction ; My Dairy 15 May 08) - I should say 'fortunately', instead of 'unfortunately' in relation to my fellow leaseholders)
On the same day i.e. 25 March 2002 I sent a fax to DC DR Adams summarizing what he had told me, and requesting that he sends me confirmation. Of course, he never did. (see key point # 8, above)
On 26 March 2002, I phoned BT to ask for confirmation of what I had been told by DC Adams i.e. “something must have gone wrong with it. It’s been calling your number by mistake”. BT totally refuted this, reiterating that the calls had been made from a landline provided by a telephone service provider other than BT. The BT person suggested I give BT’s number to the police so that it could explain it to the police. Following this conversation, I sent a fax to DC Adams. (see key point # 7, above)
On 27 March 2002, I phoned DC DR Adams to ask him whether he had received my two faxes. Reply “Only the first one” i.e. the 25 March 2002 fax in which I asked him to confirm what Resident K had said ‘during the interview’.
When I told him what my second fax contained (which, of course, he had received), his reply was “So, we are going to have to throw resources at this for just two phone calls!” (see key point # 9, above)

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DC DR Adams followed this by saying “You won’t be able to prove a link with Andrew Ladsky!” To which I replied “How do you know that? Are you talking to him?” Given that DC Adams had ‘not obtained’ the name of the subscriber for the landline number, how could he be so certain that “there is no link with Andrew Ladsky?” My answer: because he knew that the subscriber for the landline number was Andrew Ladsky – and he was not going to reveal it. (see key point # 9, above)
DC Adams then said “As you have complained, my superior will be in touch with you next week. Goodbye!” (NB: I copied DC Adams on my 13 March 2002 complaint to the Police Complaints Authority).
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In spite of saying that, DC Adams was evidently so intent on not revealing the name of the subscriber for the landline, that he phoned me the following day to say “We’ve contacted Reach Europe. There isn’t a subscriber for the number. BT is wrong. Something has gone wrong with their system. We’ll contact BT again but, if they got the wrong number, we won’t contact you again”.
BT has traced some calls – to MY phone - from a number supplied by Reach Europe. Therefore, of course there must a subscriber for this number. Somebody must be paying for the calls made from that phone. (see key points # 2 , # 3)
My translation of the message from DC DR Adams: ‘Get lost! You won’t get evidence from us that incriminates Andrew Ladsky’.
All the above details, starting from 20 March 2002, are captured in my 2 April 2002 letter to Paul Webster, Detective Inspector, Kensington Police station. Clearly, I would not have
written this to him (*) if it were not true. Note also
that DC Adams NEVER came
back to me to challenge what I
wrote in the letter (See also the Document library for other correspondence) (*) Showing my ignorance, at the time, I thought that DI Webster was the Head of K&C police)

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In his 23 April 2002 reply, DI Paul Webster, states
"No crime report has been reported to this police borough regarding Mr Ladsky, in your letter you mention that other occupiers had complained this may be correct, but there are no reported crimes about Mr Ladsky"
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I was definitely "correct" - as evidenced by the following - which
predates DI Webster's letter:
An identical letter, dated 11 October
2001, sent by Ayesha Salim Cawdery Kaye Fireman
& Taylor (CKFT),
to Leaseholder
A and Leaseholder
B who had reported Andrew Ladsky to K&C
police:
"We are informed that on the morning of
Thursday 11 October 2001, you reported our
client to the police alleging
that he had illegally entered flat [x] and
flat [x] Jefferson House.
Our client was visited by Mr D Malam
from the Chelsea Police Station" .
The next sentence reads:
"The police have investigated the allegation
and have determined that it was completely
unfounded" (NB: What a surprise!)
DC DR Adams telling me, on 25 March 2002, that
Resident K (who
allegedly made the anonymous phone calls
to me) had told him that Ladsky had
been harassing her (as I captured on the
second page of my 2
April 2002 letter to DI Paul Webster).
(As previously stated: very clearly,
I would not have written this if it
were not true).
DC DR Adams telling me, on 19 / 20 February 2002, that "nobody
else has complained about him" (i.e.
Andrew Ladsky) (NB: Proving that he HAD
heard of Ladsky!). When I replied "how
about the man in flat [x]?", his split
second reply was: "the 71 year old man". This
is captured in my 13
March 2002 letter to the Police Complaints
Authority - on which I copied DC Adams.
(Likewise, I would not have written
this if it were not true. Note also
that DC Adams NEVER challenged
me on this).
The fact that the person who headed
our Residents
Association had reported Andrew Ladsky
to the same police station in 2001 / 2002. While
I have absolutely no doubt that she did it, this
was confirmed in an email to me from another
leaseholder, dated 18
April 2002
"Chelsea Police advised her off
the record to fold her tent and go - which
she did, can't blame anyone for that" .
This leaseholder then continues:
"Her experience was horrendous, I was there
on two occasions on Jan & Feb last year
with this harassment going on"
In his 23 April 2002 letter, DI P Webster also wrote, among other, “DC Adams will contact you when we receive a result [in relation to the landline subscriber]…I have been informed they have a major backlog in the system”. My translation: confirmation of ‘we’ll never give you the evidence’.
And this was also evident from this comment “The main (NB!!!) caller to your telephone has been identified as Mrs [x]. Should you have any specific criminal investigation about Mr Ladsky contact DC Adams and they will be investigated”. In light of my experience by then, it was blatantly obvious that it would - continue - to be a complete waste of time.
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The Metropolitan Police Authority: another government department with a very unique interpretation of its legal mandate
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In light of Kensington & Chelsea police's attitude, on 5 May 2002, I escalated my complaint to Sir Toby Harris, then Chair of the Metropolitan Police Authority requesting
an independent review of the investigation conducted
by Kensington & Chelsea
police.
What prompted me to do this was the department's
remit on its website:
"...ensure that London has a police force
that is responsive to the needs of
its community"
In this letter, I provided comprehensive details
of events, and identified Andrew Ladsky as
the perpetrator of the harassment and intimidation
I was suffering.
As my letter had not been acknowledged, I sent
an email on 31
May 2002 addressed to the Chair - in which
I related more recent events with K&C
Police - because, yet again, they don't 'stack-up' .
Indeed, on 23 May 2002, DC DR Adams told me
that Resident
K was also the originator of the
anonymous phone calls, (of which there were apparently three), made from a landline
phone . He claimed that the calls had
been made by this resident from the
Carlton Tower hotel. He added “As Mrs [x] has received a warning for the calls made from the mobile phone, I consider the matter close”. (captured in my 31 May 2002 email to Sir Harris)
I viewed this as yet another concocted story – for the brain dead – as it implies that Resident K had booked a room in the hotel which is c. 120m from Jefferson House where she had a two-bedroom flat. How could the calls have been traced otherwise? And the “I consider the matter closed” was the equivalent of, yet, another ‘Get lost!’
My view is that Kensington & Chelsea police had no intention of getting back to me (see above, comments from DC DR Adams, and DI P Webster) - but did so because I had written to Sir Toby Harris.
My chaser email of 31 May 2002 led Sir Toby Harris to reply
on 11
July 2002
"Mrs [x] is held fully
responsible for the crime" . (At last, I had this
in writing!).
He goes on to say,
"There was therefore no option
other than to hold Mrs [x] fully
responsible for this crime"
and
"...you seem convinced that Mrs [x] acted
under the direction of Mr Ladsky.
While this
may or may not be the case, the police
cannot act on the basis of your suspicions,
however strongly held, and must act
only on the basis of established
facts" .
As to investigating the phone calls from the landline, Sir Toby Harris wrote:
"Although the subscriber for the landline was never identified (NB: Obviously, there had been a change of plan in the story I would be given: this v. above: "I consider the matter closed"), you must appreciate that officers have to act with consideration for resource and time expenditure when investigating a case and as such, it seems reasonable to assume that following Mrs [x] confession (NB: indication of a set-up) nothing further would be gained by ascertaining that information".
(NB: It certainly would not be in the interest of Andrew Ladsky. And, as DC DR Adams told me on 27 March 2002 "you won't be able to prove a link with Andrew Ladsky")
"While I can understand your frustration at this turn of events, it does seem unlikely that ascertaining this information would assist your ultimate goal which appears to be to prove that you are being harassed by a party or parties that wish to force the sale of your home for their own financial gain"
(NB: Evidently, the police does not consider this as amounting to a crime)
I replied to Sir Harris on 4
August 2002. In this letter, I wrote,
among others:
" ...I would point out that there is the Protection
from Harassment Act 1997. But, this
is conveniently ignored by the police" .
I concluded my letter by stating:
"...my dealings with the
police in recent months, have led me to totally
- and for ever - lose
my confidence in the British police"
The following year, events with KCP (see below), only served
to reinforce my feelings.
The 7
August 2002 reply from the Metropolitan
Police Authority to my 4 August 2002 letter,
once again stresses the need for "evidence"
I should also add that in 2002 Kensington & Chelsea
police tried to talk to me. However, given my
experience, the only communication
I was prepared to have with the police was in
writing.
Because
of this, in a letter dated 20
June 2002, the A/Inspector, Chelsea
Police station, informed me that my
"...original letter has not been recorded
as a complaint because I have been
unable to establish if you wish to substantiate
your original letter" . "If you wish
to discuss." .
Evidently, Kensington & Chelsea
police does not consider the contents
of - signed - correspondence as evidence.
Hence,
same attitude as two other government
departments in the borough of Kensington & Chelsea: West
London County Court in 2002-04
and in 2007-08,
as well as Kensington & Chelsea
Housing... but, 'mysteriously', they ALL treat any document from Andrew Ladsky et.al. and their aides as the 'Gospel'. Funny that!
And in fact, just Ladsky's words as well - as evidenced by what took place in 2003... and subsequently in 2007.
Please note that my correspondence with Sir Harris has NOT been captured in the police report (see key point # 10)
My seven-month battles with Kensington & Chelsea police in 2002, and subsequently with the Police Complaints Authority and the Metropolitan Police Authority have cost me c. 100 hours of my life (= nearly THREE WEEKS, based on a 35-hour week)
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(2) By 2003, when Andrew Ladsky made a so-called "complaint" against me - 'mysteriously'- Kensington & Chelsea
Police no longer had concerns for "evidence" and
the 'judicious' use of resources - and, continuing with its wilful discrimination against me - DENIED me the right to defend myself against his accusations - "Crime report" CR:5602261/03
I filed a 28 May 2009 Subject Access Request to the police (point # 5, below), leading to my obtaining the police report CR:5602261/03 in relation to this so-called 'complaint' - to which I replied on 13 August 2009, supported by a 101 page bundle of 49 documents, demanding changes to the report - as per my rights under the Data Protection Act 1998, to seek - and obtain - an end to the processing of data “likely to cause damage or distress”, as well as obtain correction of data to ensure that it is “fair, lawful and accurate”.
Following a 25 August 2009 reply that amounts to a 'get lost', I replied on 20 September 2009 insisting on my rights (for subsequent events, see point # 5, below)
Key points of note:
(1) In this "crime report", as well as the other two (for 2002 complaint: CR:5604102/02 (point # 1, above); for 2007 so-called 'complaint': CR:5605839/07 (point # 3, below)), Andrew Ladsky is described as just my "neighbour" (Page 15 - Suspect details – ‘Known by victim’ of the CR:5602261/03 report) - with the aim of (1) giving him scope to play the ‘poor innocent victim’ ; (2) adding weight to his scurrilous accusations against me ; (3) conveying a negative, false impression of me, and undermine my credibility.
On page 25 – '25/01/2003 – 13h55 – CIV???’ of the CR:5602261/03 report: Ladsky portrays himself / is portrayed as having no connection with the ownership of Jefferson House, as the entry reads “The suspect seems to think that the victim is behind the company who has sent these letters asking for money”
(2) Page 22 - 'Main classification - Description' of the CR:5602261/03 report states “SUBSTANT/Offence of harassment”. Contrast that with the fact that (1) in his 27 January 2003 threatening letter to me, PC Neil Watson 206BS, "Crime Investigator" (NB!!!), wrote "... any further such outbursts may result in charges of harassment being made against you..." ; (2) this classification is FALSE as I have NOT committed an offence under the Protection from Harassment Act 1997
(3) As evidenced in his threatening letter of 27 January 2003, PC Neil Watson 206BS, "Crime Investigator", "fully recorded" the so-called complaint against me on the police system - BEFORE - contacting me.
In my - NON-LAWYER - opinion:
What K&C police SHOULD HAVE DONE - in addition to the MANY OTHER CRIMINAL OFFENCES committed by Andrew Ladsky / on his "instructions" - is record a crime report AGAINST him - and classify it as a 'Hate crime' (see 2007 for detail)... ...as well as CHARGE HIM under s.5(2) of the Criminal Law Act 1967: "Penalties for...giving false information: Where a person causes any wasteful employment of the police by knowingly making to any person a false report tending to show that an offence has been committed, or to give rise to apprehension for the safety of any persons or property, or tending to show that he has information material to any police inquiry, he shall be liable on summary conviction to imprisonment for not more than six months or to a fine of not more [level 4 on the standard scale] or to both" (Reference to level on the standard scale substituted by virtue of the Criminal Justice Act 1982, ss 38, 46) |
(4) FAILURE TO PROBE, and therefore FAILURE TO RECORD the context of situations - as it would discredit Ladsky’s so-called "complaint" against me
Page 25 – '25/01/2003 – 13h55 – CIV ???' of the CR:5602261/03 report states “- 60 – the suspect was walking out of her flat and shouted “Go fuck yourself!’"
(In my 13 August 2009 reply (pg 17), I state "...as I was in the corridor, about to get out of Jefferson House – totally ignoring him... Ladsky said to me: ”Better luck next time!” (NB: three weeks earlier he told me "I am going to get you this year"), followed by a sarcastic laugh". I add "I concluded that he was referring to the impending London Leasehold Valuation Tribunal hearing on 5 February 2003 – and that, in light of his comment, had ensured that it would be ‘sewn-up’" I followed this by quoting events confirming my then assumption) (see London LVT section for evidence, as well as London LVT case summary section)....
...while in my 20 September 2009 reply (pg 23), I wrote "This failure to capture the ‘full picture’ creates a negative, misleading perception of me as it suggests that I said this to him without being provoked. (This is all part of the objective of portraying me as “mad” – something which Ladsky (evidently, among others) tells anybody prepared to listen to him)")
(5) RECORDING other MALICIOUS, FALSE and therefore LIBELLOUS data about me
Page 25 – '25/01/2003 – 13h55 – CIV ???' of the CR:5602261/03 report states “The suspect say ‘Go fuck yourself’ to the victim when she sees approx 3 or 4 times... This verbal abuse started in November”.
These accusations ARE FALSE, and therefore libellous. (NB: I conclude that the objective is to make the so-called "complaint" ‘stick’ under the Protection from Harassment Act 1997 as s.7(3) of the Act states “A "course of conduct" must involve conduct on at least two occasions” - and thereby justify filing the so-called "complaint" as a "crime report") (One of the FALSE accusations from this report was 'conveniently' recycled in the context of the 2007 so-called "complaint" - Key point # 7)
(Note that, concurrently, frustrated by the fact that the 'PC Neil Watson 206BS, Crime Investigator's scare tactic' of 27 January 2003 had failed, Ladsky had also put his other puppet, Lanny Silverstone, CKFT, 'on the case' by sending me a threatening and libellous letter dated 4 February 2003)
(6) FAILURE TO PROBE, and therefore FAILURE TO RECORD:
- (1) The content of the "Letters from the managing agents for a service charge to the flats... sent to all the residents to pay for this refurbishment" (Page 25 - 25/01/2003 – 13h55 – CIV ???' , CR:5602261/03 report), as well as surrounding events - because 'inconvenient' for Ladsky
(In my 20 September 2009 letter (pg 23), I wrote "The incidental consequence of processing the data that “the letter was sent to all the residents” impacts on me as it implies that the service charge demand was fair and reasonable (which it definitely was not), and thereby – falsely - portrays me as the only objector to the service demand (which I most definitely was not, as evidenced by the fact that 14 flats ended-up being listed on the 29 November 2002 West London County Court claim) – with numerous negative connotations about me e.g. that I fail to honour my contractual obligations, etc."
(NB: Joan Hathaway, MRICS, Martin Russell Jones (MRJ) 'service charge' demand of 15 July 2002 claiming £736,206 “for repair and maintenance works” was FRAUDULENT (My Diary 22 Nov 08 (in which, among others, I captured SS =Ladsky et.al.'s 21 October 2003 'offer' for £6,350 v. his original demand of £14,400 (22 November 2002 Particulars of claim) ; My Diary 6 May 08 ; Major works ; London LVT # 3 , # 4 , # 6 , # 7 ; Pridie Brewster # 2 , # 3 , # 18). - (2) The entry on page 25 – '25/01/2003 – 13h55 – CIV ???' of the CR:5602261/03 report states "The suspect on her work headed paper wrote letters accusing the victim of theft". This is NOT TRUE. It refers to my sending a personal fax of 24 October 2002, copied to the LVT, and one to the LVT, on the same date - (stupidly) on my then employer's headed paper - an opportunity that was, of course, immediately seized by Ladsky who put his puppet, Lanny Silverstone, CKFT, 'on the case' (see e.g. My Diary 15 May 08 for detail).
(But, as it turned out - in my non-lawyer opinion: Ladsky et.al. DID COMMIT A THEFT - ON A GRAND SCALE: c. £500,000 (inc. the contingency fund): - My Diary 22 Nov 08 ; 6 May 08 ; Major works ; London LVT # 3 , # 4 , # 6 , # 7 ; Pridie Brewster # 2 , # 3 , # 18)
(7) On page 28 - '06/02/2003 – 11h06 – PC N Watson' of the CR:5602261/03 report, PC Neil Watson 206BS, "Crime Investigator", FALSELY claims “Have attended address nkr have left note for susp to call me” - as I NEVER found "a note" from him
(8) PC Neil Watson 206BS, "Crime Investigator" has FAILED TO RECORD the fact that he sent me this 6 February 2003 letter chasing contact from me.
(9) PC Neil Watson 206BS, "Crime Investigator", LIED in the last entry, page 28 - '12/02/2003 – 10h44 – PS' by stating “OIC has attempted to make contact with the suspect but this has been fruitless” - as he FAILED TO RECORD the fact that I replied to him in a letter dated 11 February 2003 - asking for "precise" detail - in writing - of the accusation against me.
In my - NON-LAWYER - opinion I hold the view that:
The 27 January 2003 letter from PC Neil Watson 206BS, "Crime Investigator", amounts to committing an offence against me under:
(1) s.1(1)(3) of the Malicious Communications Act 1988 - ‘Offence of sending letters etc with intent to cause distress or anxiety’ (as amended by the Criminal Justice and Police Act 2001, s.43) (a criminal offence)
(2) As, continuing his harassment, he followed this by another letter on 6 February 2003 (and failed to reply to mine of 11 February 2003) (as well as lied that I had not replied) - it also amounts to an offence against me under the Protection from Harassment Act 1997: s.1(1), (2) - 'Prohibition of harassment', as defined by s.7 of the Act – ‘Interpretation of this group of sections', including sub-s3A of s.7 ' aiding, abetting, counselling, procuring harassment' (as inserted by the Criminal Justice and Police Act 2001, s.44(1)(2)) (a criminal offence)
Offence that PC Neil Watson 206BS, "Crime Investigator", reinforced by setting-up a "crime report" against me, using the FALSE assertion that I committed an offence under the Protection from Harassment Act 1997 - in the process, also committing an offence against me under:
(3) Data Protection Act 1998 - Breaches of the Act as per above for the 2002 "crime report" with, in addition, breach of:
- s.2(g)- False accusation of my committing an offence of "Harassment"
- First Principle - Wilful and reckless failure to apply standards of: (1) lawfulness; (2) fairness - by failing to have regard as to the reliability of the data - and through concurrent failure to meet at least one of the conditions under: Schedule 2, processing of personal data; Schedule 3 processing of sensitive personal data - in the context of the First Principle.
- Fourth Principle - (1) Wilful and reckless processing of false data, including false sensitive personal data; (2) Wilful and reckless failure to take reasonable steps to ensure the accuracy and reliability of the data obtained.
In addition, PC Neil Watson 206BS, "Crime Investigator", also breached:
(4) Human Rights Act 1998
s.6(1)- "It is unlawful for a public authority to act in a way that is incompatible with a Convention right…"; s.6(6) "An act includes a failure to act"
- Article 6 - Right to a fair trial - as, in breach of paras (1) and (2) of the Article this "criminal charge" is being held against me - without being determined by a court of law .
- Article 8 - Right to respect for private life i.e. free of unjustified, unlawful interference by the State
- combined with
- Article 14 - Prohibition of discrimination
- as the contravention of my Rights is motivated by blatant discrimination. The cause of this discrimination is because I 'dared' to stand-up and fight for my rights in relation to the intended scam by KCP's protégé, Andrew Ladsky - combined with my profile.
(5) Criminal Procedure and Investigation Act 1996
s. 1(4) of the Act 1996 defines a criminal investigation as “investigation which police officers have a duty to conduct with a view to being ascertained (a) whether a person should be charged with an offence, or (b) whether a person charged with an offence is guilty of it”. Further, the Code of Practice supplementing the Act, under para.3.5, imposes a duty on police officers “to pursue all reasonable lines of inquiry, whether these point towards or away from the suspect”. (6) Police (Conduct) Regulations 1999 - Reg.4 Code of Conduct
- Failure to respond to my written request for detail of the complaint against me - thereby denying me the right to defend myself against the accusations and opinions against/about me.
- Falsely recording that I had not responded to correspondence – thereby aiding the processing of the report against me.
- Failure by supervisory officers to oppose improper conduct.
- In the said actions and omissions acting in a manner that discredits the Police Service in the eyes of the public.
|
(See point # 5, below, for the outrageous excuses by Acting Chief Inspector, Steve McSorley, 'Professional Standards', K&C police, for REFUSING to amend this (and the other two reports) |
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In January 2003, Andrew Ladsky reported
me to the same police station for "swearing
at him". By 'amazing coincidence' it was c. one week before the first day of the London LVT hearing.
This was preceded on 3 January 2003 by Ladsky telling me "I am going to get you this year". Evidently anticipating that he would "get me" at the 5 February 2003 tribunal hearing (in the expectation that I would turn-up alone), on 20 January 2003, Ladsky told me "Better luck next time", followed by a sarcastic laugh.
The so-called 'complaint' from Ladsky generated a letter
from PC Neil Watson 206BS, who described himself as a "Crime Investigator" (NB
!!!!), dated 27
January 2003 in which he wrote:
"Of perhaps greater importance is the fact
that any further such outbursts may result
in charges of harassment being made
against you, as this initial
complaint has been fully recorded by the police."
So much for Neil Watson's comment:
"I wish to make it clear that my role in this is purely neutral at the moment..."
(See points # 2 , # 3, above)
Very clearly, no concern here about: "acting
only on the basis of established facts" (The 11
July 2002 reply to me from Sir Toby Harris, then Chair
of the Metropolitan Police Authority).
And, obviously, another of Sir Toby's comment
in his 11 July 2002 letter that I must
"appreciate
that officers have to act with
consideration for resource and time expenditure when
investigating a case such as this",
did
not apply in this instance either.
Moreover, whereas complaints (spread over time)
against Andrew Ladsky by at least five residents are not recorded, his so-called 'complaint' against
me is! Funny that! My assessment of this: COMPLICITY
Note also the 'Ladsky style' / letter dictated by 'the Brotherhood' (my assumption from PC Neil Watson's handwriting, including of the address on the envelop) - and the wording of the threat in 'his' letter:
"... but it would be remiss of me not to advise you of the following: Please avoid (if you can) any confrontation with Mr Ladsky or there may be further consequences"
What "other consequences" had already taken place by then? The fact that, IN SPITE of the claims in this letter, PC Neil Watson had ALREADY - FALSELY - recorded the laughable, so-called "complaint" against me as "Harassment" in a "crime report" ... and in readiness for 'recycling' the FALSE accusation at the next opportunity? (see below, 2007 "crime report", Key point # 7)
Message? 'Do whatever Andrew Ladsky wants, including paying him whatever he asks you - or else we'll get you'?
PC Neil Watson 206BS, Crime Investigator, asked me in his 27
January 2003 letter to contact him "to
clarify this situation" .
 |
I laughed
on receiving this letter as I visualised
the scene:
a (short) man, standing in a police station,
saying:
"Mr Policeman, a woman
swore at me"
(Or was it just a phone call to
Kensington & Chelsea police, or through the 'Brotherhood'?)
Kensington police certainly has no sense of the ridicule. |
My not responding led to PC Neil Watson 206BS, "Crime Investigator", to continue to harass me, by sending me another letter, dated 6
February 2003 stating "...please
contact me" (see key points # 6 , # 7, above)
When I replied by recorded delivery on 11
February 2003 asking for precise details - "in
writing" - of the accusation, there
was NO (official) follow-up
whatsoever by the police (see key point # 8, above). WHY NOT? Obvious: it was another set-up. ('NO (official)...' because, as stated at the start of this page, I believe that, 'unofficially', the police has been interested in my movements for a long time).
Conclusion: I - the victim - end-up being treated as though I am the criminal (breaches under the Protection from Harassment Act 1997 are punishable by imprisonment), whereas the criminal ends-up being treated as though he is the victim. That's the 'great' English police! (= same experience as with the courts, etc.)
Please note that I had brought Kensington & Chelsea
Police to the attention of my then Member of Parliament, Mr
Michael Portillo, in my pack to him dated 27
May 2002 - from which (on page 18) I quote:
"Kensington and Chelsea police has proved
unhelpful, unpleasant and even obstructive"
Please, note also that in the pack to Mr Portillo,
I also report that I have been the victim
of harassment, intimidation and assault. I also
state that other residents, as well as
Nucleus, our local Citizens Advice Bureau (hence, like K&C police - also in his constituency), has,
likewise suffered harassment and intimidation
by Andrew Ladsky. (The outcome of my contacting my MP - who should be helping me? Three replies that amount to 'get lost!'. And worse when I approached his successor, Sir Malcolm Rifkind in 2009 - as he connived against me. No surprise when you see what goes in the House of Commons (as well in the House of Lords: My Diary Jan 09 ; Feb 09)).
Determined to implement his 3 January 2003 threat "I am going to get you this year" - as well as continue in his attempts to scare me, make me give-up challenging his Application to the London LVT (My Diary: 20 Jan 03 ; 23 Jan 03 ; 5 Feb 03 ), Ladsky also asked his solicitor, Lanny Silverstone, CKFT, to join in 'on the act' (as Ayesha Salim, CKFT, had done when two of my fellow leaseholders had reported Ladsky for harassment and intimidation to the same police station) - by sending me a highly defamatory and threatening letter on 4 February 2003, stating among others that its client would
"take injunctive steps prior to other proceedings", that I
"made quite improper and defamatory allegations regarding the probity of our client..." and that
"The due process of law is under way to claim the perfectly proper service charges that are due from you"
(Contrast that with the fact that:
And that criminal vermin does this with the blessings of its so-called 'regulator': the Law Society. (see e.g. My Diary 6 May 08 for the overview of my complaints) - and there is - very clearly - no point reporting them to the police (point # 6, below)
(NB: I am surprised that, following my calling him"a pile of s**t" during w/c 4 Feb 08, Ladsky did not run to his "crime investigators" 'friends' at Kensington & Chelsea police to complain) (Judging by the higher than expected number of police cars in the streets in which I walked after 'our meeting' on 13 Feb 11, it would seem that he did follow my advice)
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(3) In 2007, continuation of Kensington police's wilful discrimination against me: WITHOUT CONTACTING ME AT ANY POINT IN TIME and, consequently, TOTALLY DENYING ME THE RIGHT TO DEFEND MYSELF AGAINST THE FALSE ACCUSATIONS - following, yet another so-called "complaint" against me by Andrew Ladsky - with the aim of getting my website closed down, TDC Simon J Dowling of the 'Notting Hill police station Community Safety Unit', made UNLAWFUL, malicious, scurrilous and libellous accusations against me to my website Host, FALSELY implying that I had committed "a crime" - as well as branding me a "Nazi" AND, in the process, impersonated an investigating officer - "Crime report" CR:5605839/07 |
I filed a 28 May 2009 Subject Access Request to the police (point # 5, below), leading to my obtaining the police report CR:5605839/07 in relation to this so-called 'complaint' - to which I replied on 13 August 2009, supported by a 101 page bundle of 49 documents, demanding changes to the report - as per my rights under the Data Protection Act 1998, to seek - and obtain - an end to the processing of data “likely to cause damage or distress”, as well as obtain correction of data to ensure that it is “fair, lawful and accurate”.
Following a 25 August 2009 reply that amounts to a 'get lost', I replied on 20 September 2009 insisting on my rights (for subsequent events, see point # 5, below)
Key points of note:
(1) The blatantly obvious EVIDENCE OF COLLUSION WITH ANDREW LADSKY is that NOTTING HILL POLICE NEVER CONTACTED ME AT ANY POINT IN TIME IN RELATION TO THIS SO-CALLED "COMPLAINT" BY LADSKY - AND CONSEQUENTLY TOTALLY DENIED ME THE RIGHT TO DEFEND MYSELF AGAINST THE FALSE ACCUSATIONS - IN SPITE OF IMPLYING TO MY AMERICAN WEBSITE HOST THAT I HAD 'COMMITTED A CRIME'
(1) FALSE, LIBELLOUS, UNLAWFUL CLASSIFICATION of the CR:5605839/07 report:
- Page 1 – 'General information – Branch' - FALSELY - states: “Branch – RI racial incident; RS anti-Semitic incident”
- Page 2 - EQUALLY FALSELY - states: "General information - DV/Hate crime"
- Page 3 - ALSO FASELY states: "Race? Y" ; "Faith/Religion/Belief? Y"
- Page 19 - and ALSO FALSELY states: "Main classification – Description: “SUBSTANT/Racial incident”
- Page 26 – '19/03/2007 – 17h59 – TDC SJ Dowling', (of the Notting Hill police station, 'Community Support Unit') “Advised by DS – 91 – at the Racial crime Directorate at NSY that there is no crime made out and therefore this should be classed as a racial incident and nothing more” It is NOT a racial incident. In addition to the fact that this was entered THREE DAYS AFTER Dowling sent his malicious, libellous, illegal email of 16 March 2007 to my website Host - NO EVIDENCE WHATSOEVER has been provided by Notting Hill police in support of this - as can be seen in Dowling's email of 20 March 2007 to my website Host.
- Page 27 – '17/02/2009 – 99' states “The Branch flags ‘FH’, ‘RJ’, ‘RS’ were present in this crime report. As a result of the introduction of the new ‘DV/Hate crime’ tab on the General Information screen today, there are now associated fields (‘HateCrimeReligion’, ‘HateCrimeRace’) on the new tab and these have been selected” Same reply: NOT TRUE
By contrast, what Andrew Ladsky has done to me / ordered to be done to me since 2002 CERTAINLY QUALIFIES (among others) as 'Hate crimes' - and his so-called "complaints" against me to his 'friends' at K&C police ARE in part MOTIVATED BY RACISM - because I am of part German descent and he 'is' Jewish - as glaringly obvious by the fact that he (and TDC Simon J Dowling on his diktat) branded me a "Nazi" because I am "franco-german" (16 Mar 07 ; 20 Mar 07 email).
Hence, offences under: (1) the Crime and Disorder Act 1998: s.32(1)(a) (see above); (2) the Protection from Harassment Act 1997: s.1(1), (2) (see above)
In my - NON-LAWYER - opinion:
What Notting Hill police SHOULD HAVE DONE - in addition to the MANY OTHER CRIMINAL OFFENCES committed by Andrew Ladsky / on his "instructions" - is record a crime report AGAINST him - and classify it as a 'Hate crime'
Note that the Association of Chief Police Officers (ACPO) has issued the police forces with a Hate Crime Manual "for the recording of a hate incident or crime" (The version I found is dated 2000). Evidently, Kensington police is perceived to be exempt from compliance. In the same way that it is evidently exempt from compliance with the Crown Prosecution Service's "specific guidance on the prosecution of hate crime" which "covers racist...crime"
Notting Hill police SHOULD HAVE ALSO CHARGED HIM under s.5(2) of the Criminal Law Act 1967: "Penalties for...giving false information: Where a person causes any wasteful employment of the police by knowingly making to any person a false report tending to show that an offence has been committed, or to give rise to apprehension for the safety of any persons or property, or tending to show that he has information material to any police inquiry, he shall be liable on summary conviction to imprisonment for not more than six months or to a fine of not more [level 4 on the standard scale] or to both" (Reference to level on the standard scale substituted by virtue of the Criminal Justice Act 1982, ss 38, 46) |
(NB: In my 20 September 2009 reply (pg 16), I wrote "Yet again, it is fascinating to see K&C police’s readiness to capture, false, disparaging comments and innuendos about me v. its blind eye attitude to Andrew Ladsky and his puppets’ criminal offences against me (and my fellow leaseholders) under: the Protection from Harassment Act 1997 ; the Fraud Act 2006 ; the Malicious Communications Act 1988 ; the Theft Act 1968 / Theft Amendment Act 1996 ; the Money Laundering Regulations / Proceeds of Crime Act 2002 ;
the Criminal Justice Act & Public Order Act 1994. Etc.")
(2) In this report, as well as the other two (for 2002 complaint: CR:5604102/02 (point # 1, above); for the 2003 so-called 'complaint': CR:5602261/03, (point # 2, above)), Andrew Ladsky is described as just my "neighbour": Page 12 - 'Suspect details - Known by victim', the entry states "Neighbour of victim" - with the aim of (1) giving him scope to play the ‘poor innocent victim’, and (2) thereby give some weight to his malicious, slanderous accusations against me – and for K&C police the opportunity to endorse them ; (3) saving him from having to explain – and therefore avoid probing, and hence avoid capturing ‘inconvenient’ information which would discredit his ‘story’ and accusations against me ; (4) conveying a negative, false, misleading, disparaging impression of me - and thereby undermine my credibility
(3) MALICIOUS, FALSE - TOTALLY UNSUPPORTED - and therefore LIBELLOUS and UNLAWFUL ACCUSATIONS in the CR:5605839/07 report:
- (1) Page 19 – 'Classification – Method', that “A web page has been created which is alleged to contain anti-Semitic, anti-black, and anti-Asian pictures and text”.
The – FALSE – claim that my website contains “anti-Semitic” material is contained in other parts of this report - and was the FALSE accusation made against me by TDC Simon J Dowling in his scurrilous, libellous and therefore illegal email of 16 March 2007 to my website Host.
The – EQUALLY FALSE claim – that my website contains “Anti-black and anti-Asian pictures and text” is the only reference to this in the report - 'of course', WITHOUT providing ANY evidence in support - and is the first time I was made aware of these FALSE, libellous and therefore unlawful accusations.
The entry continues “…there are parts of the site which are alleged to be extremely upsetting and insulting"...
...`“There are a number of sections which are alleged to be of a racial nature and numerous references by name to the victim”...
...“The sections of the web site that the complaint relates to is headed “My Diary” 2002-2007. The specific remarks and pictures that are being complained about are contained throughout…”
Of course: NO EVIDENCE WHATSOEVER is provided in support of these accusations.
(NB: Considering what I report in the Introduction to My Diary, and for years 2002, 2003, 2004, 2005, 2006, post launch of site, and 2007 (let alone in the rest of my website) the LEVEL OF BLINDNESS by TDC Simon J Dowling, PC K O’Brien, et.al. at Notting Hill police et.al. IS EXTRAORDINARY - as referred, e.g.in my 20 September 2009 letter, above) (I hold the view that the appropriate description for their EXTREME 'blindness' is C O R R U P T I O N)
- (2) Page 25 – 16/03/2007 – 18h56 – TDC SJ Dowling', of the CR:5605839/07 report “There is a lot of slanderous comments on the site mainly directed at – 79 – but also at K&C and even MPs, the Prime Minister and DPM. Also against solicitors and many others” (As I point out in my 13 August 2009 reply (pg 33) “Slander” is the ‘spoken word’, and ‘libel’ the ‘written word’. There is NO recording on my website) (At least: not yet)
Ditto: NO EVIDENCE WHATSOEVER is provided in support of these accusations.
(In my 20 September 2009 letter, my typical reply is "These accusations are unlawful, malicious, scurrilous and libellous because they are not true. They are trumped-up accusations concocted by Ladsky, the police and probably parties external to the police. No evidence has EVER been supplied" - while, e.g. on page 12, I wrote "The reason no evidence has EVER been supplied – and continues to NOT be supplied - is because these allegations against me are false – and K&C police knows that, which is why it opted to NOT contact me at ANY point in time in relation to this so-called ‘complaint’. It gave it free rein to capture fabricated lies against me")
(4) TDC SJ Dowling FAILED TO RECORD my website Host’s reply to his 16 March 2007 libellous email - as well as FAILED TO RECORD his equally libellous 20 March 2007 email response to my ISP - in which, among others, on Ladsky's diktat, 'he' confirmed 'his' 16 March 2007 view that I am a "Nazi"
(In my 20 September 2009 letter, (pg 28), I wrote "Of course, this has not been recorded because it is most inconvenient, as it undermines the trumped-up accusations against me")
(5) FALSE, TWISTED REPRESENTATION OF EVENTS, and FAILURE TO PROBE in the CR:5605839/07 report - intended to convey a misleading and detrimental perception of me / to disparage me / discredit me - and thereby add weight to Ladsky's so-called "complaint" against me:
- (1) Page 22 – '15/03/2007 – 16h14 – PC K O’Brien' that I "created [my website] in response to a large service charge which [I] regarded as excessive and unfair”.
As I wrote in my reply, while (1) the 'service charge' was not just "excessive" - as it amounts to a c.£500,000 THEFT (My Diary 22 Nov 08 ; 6 May 08 ; Major works ; London LVT # 3 , # 4 , # 6 , # 7 ; Pridie Brewster # 2 , # 3 , # 18) ; (2) it was not just “unfair” - as, in addition to a breach of covenants in my lease, it is a breach of numerous Acts – many of which are punishable by imprisonment - as blatantly obvious from my website: As evidenced by my website: it is NOT TRUE that I launched it "because of this". I did it as a last resort attempt to get justice and redress - as per my legislative rights.
PC K O’Brien then states “This charge was challenged at the leasehold valuation tribunal who reduced this amount quite significantly” (I wrote (1) page 27 of my 13 August 2009 reply “Quite significantly” is a massive understatement given that it reduced the global sum demanded of £736,206 by £500,000 down to £236,206" ( London LVT # 3 , # 4 , # 6 , # 7) ; (2) page 24 of my 20 September 2009 letter "This statement is therefore highly misleading and intended to undermine the fact that – as per my rights - I challenged SS i.e. Ladsky’s application to the tribunal – and thereby contributes in conjuring up a negative perception of me")
PC K O’Brien goes on to state “In order to challenge this charge it actually cost a considerably larger sum of money than she saved” (It very certainly did: £30,000 in relation to the London LVT hearings... to challenge a - FRAUDULENT - 'service charge' demand of £14,400 - see: London LVT # 6 , # 8.1 , # 8.1.3 , # 8.1.5 , # 8.2) and c. £10,000 to fight the equally FRAUDULENT claim in West London County court e.g. WLCC # 11)
(As I wrote in my 20 September 2009 letter, page 14 "...considering that a c.£500,000 theft actually took place, it is a dire indictment of the so-called ‘justice’ system of this country that I was not able to recoup my costs. So, yes, keep that statement in!") (NB: The London LVT, and WLCC KNEW that a major theft was taking place: LVT Key points ; WLCC Key points)
PC K O’Brien continues “Since this she has been extremely upset and is seeking compensation and retribution for her time, money and effort” (= VERY SICK, TWISTED MINDS)!)
(In my 13 August 2009 reply (pg 29) I wrote, among others "While I note with great interest that, in his choice of word, Ladsky admits to having committed “wrongful or criminal acts” - as very amply evidenced in my c. 30 battles since 2002, what I am seeking is ‘justice and redress’ i.e. the rights I have been told by the State, and the institutions, I have the right to demand"
(6) FAILURE TO PROBE, and therefore FAILURE to record evidence in support of the claims / accusations - with the aim of conveying a misleading and detrimental perception of me / disparaging me / discrediting me - and thereby add weight to Ladsky's so-called "complaint"
(1) Page 25 – 16/03/2007 – 18h56 – TDC SJ Dowling, CR:5605839/07 report “About four years ago – 75 – organised for refurbishments on the flats. Each household was to pay a certain amount of costs through the service charge. The suspect took exception to this and went to a tribunal to get this charge reduces” (NB: Firstly, I "went to the tribunal" - IN RESPONSE TO the 7 August 2002 application filed by MRJ-SS =Ladsky - AS PER MY LEGISLATIVE RIGHT - as highlighted by the tribunal in its report.. Secondly, I was far from being the 'only one' challenging the 'service charge' demand: the WLCC claim of 29 November 2002 was against 14 flats (see WLCC); see also London LVT # 8.1.2 for communications from my fellow leaseholders to the tribunal)
TDC SJ Dowling continues “Despite the values of the flats going up a considerable amount the suspect is still obviously not happy with what – 75 – initiated” (= An implied approval by TDC SJ Dowling of the c. £500,000 fraud by Ladsky et.al. and their aides, and therefore support for the fact that it helped them generate a multi-million Pound jackpot. (As TDC SJ Dowling claimed to have 'looked at my site', he would be aware of these facts))
(7) RECYCLING OF MALICIOUS, FALSE, LIBELLOUS and therefore UNLAWFUL ACCUSATIONS against me from the 2003 so-called 'complaint' (point # 2, above) - intended to give additional weight to the FALSE accusations against me
Page 26 – '16/03/2007 – 19h07 – TDC SJ Dowling', CR:5605839/07 “There is a previous CRIS 5602261/03 which relates to an harassment of – 64 – by Ms Rawé no further action was taken at the time. But it shows Ms Rawé used to swear at – 85 – when seeing – 86 – in the communal area. (See 2003 'complaint', above) This was when the service charge dispute first arose” (see also Key point # 6, above)
(As I wrote in my 20 September 2009 reply (page 9) "Oh dear! How ‘magnanimous’ to “not take action at the time”! Of course no action “was taken” as I have not committed an offence")
(NB: Isn't it 'fascinating' to note how Dowling happily recycles the FALSE accusation in Ladsky's previous, so-called 2003 "complaint" against me, but TOTALLY ignores my complaint against him in 2002, as well as the complaint, from at least four other residents, of suffering harassment from Ladsky? Silly me! Of course: "There is no crime report against Mr Ladsky"... because there are implicit / explicit 'memorandums of understanding' with the 'Brotherhood' e.g. Memorandum of Understanding between the Law Society and ACPO)
(8) LIBELLOUS, MALICIOUS AND SCURRILOUS expressions of opinions about my mental health
(1) CR:5605839/07 report, third paragraph, page 22 – '15/03/2007 – 16h14 – PC K O’Brien', "...although it appears to be becoming quite paranoid. She thinks the police may be following her as well as numerous people employed by her enemies" (see e.g. My Diary 23 May 2010 - for evidence)
(And in 2009 and 2010 I continue to be monitored, if not even more than before - because I continue fighting for my rights for justice, redress and protection (see, in addition to the police, point # 5, below: Sir Malcolm Rifkind ; Parliamentary Ombudsman ; my Subject Access Request to the Ministry of 'Justice') - I assume, in case I meet with somebody who can, like so many others, be bought to act against me (My Diary 2009 Introduction). (As very amply demonstrated by my experience (and that of others - My Diary Feb 09 ; 3 Apr 10 ; 21 Jul 10) the 'little people' who 'dare' to stand-up against the 'big people' must be taught a lesson...
...and, concurrently, my network of British contacts is being manipulated into trying to make me give-up my fight (My Diary 2009 Introduction)
(2) CR:5605839/07 report, third paragraph, page 25 – 16/03/2007 – 18h56 – TDC SJ Dowling' (The 'Community Safety Officer' !!!)“Looking at the website it seems the suspect thinks she is being followed by either the police or – 77 – 78. This is not the case and she is obviously extremely paranoid…” (Ditto. see e.g. My Diary 23 May 10 - for evidence)
(As I wrote in my 20 September 2009 reply, (page 15), after stating that I had evidence to support my claim "To this can be added K&C police’s very blatant siding with Andrew Ladsky – and therefore protection – which was already blatantly obvious from my experience with K&C police since 2002, and has been further confirmed by the data currently held about me by the police, as well as your highly dismissive, arrogant and contemptuous reply of 25 August 2009 to my 13 August 2009 response")
ALSO OF NOTE: while TDC Simon J Dowling did NOT find the time to contact me - at any point in time - in relation to this so-called 'complaint' - thereby TOTALLY DENYING ME THE RIGHT to defend myself against the FALSE accusations - he DID find the time to contact social services.
Indeed, in the last part of his '16/03/2007 – 18h56' entry, TDC Simon J Dowling wrote “I believe she may have some mental issues so will be speaking to social services to see if they are aware of her”
I view this as playing, into, among others, Ladsky's hand who portrays me as "mad" to whoever wants to give him the time of day e.g. My Diary w/c 4 Feb 08 , 15 May 08 , his 26 March 2007 letter to KPMG, my then employer - because they know that the British State DOES lock-up 'inconvenient people'
(In my 20 September 2009 reply (page 16), I wrote "This entry provides proof of the extent of the moral depravation that pervades K&C police, and of the extent to which it and its behind-the-scene backers will go to help a ‘certain’ thief get away with a multi-million Pound jackpot.
I am absolutely incensed by this entry, added to the previous claims that I suffer from “paranoia”. This, in addition to your highly dismissive, arrogant and contemptuous reply, leads me to provide comprehensive evidence in support of my position that this “expression of opinion about my mental condition” is malicious, vicious, scurrilous and libellous, and the action a despicable, morally depraved attack on my reputation." I followed this by four pages which include, among others, brief detail of events with Dr-AG, Dr-MP, and my ex employer, KPMG)
(9) Note that behind the scene, TDC SJ Dowling et. al. were desperately trying to find a way of forcing the closure of my website – including evidently attempting to secure the ‘ultimate solution’: getting me sectioned (as suggested by the last part of the 16/03/2007 – 18h56 entry) (as discussed under the previous point) - as, three days later, under '19/03/2007 – 17h59 – TDC SJ Dowling', page 26 of the CR:5605839/07 report, TDC SJ Dowling wrote “I am still trying to get the website closed down”. Oh dear! Oh dear! The scare tactic used by TDC SJ Dowling in his highly defamatory, libellous, unlawful email of 16 March 2007 to my website Host implying that I had ‘committed a crime’ - failed to do the trick. (But 'they' still had a go at trying to get me locked-up - see Intro to My Diary 2009, Medical (2) Dr MP. (NB: And 3 years on they are still hoping to be able to do it - My Diary 17 Oct 10) (See My Diary 25 Jan 11 for other reasons I cite in support of my assessment) (EXTREMELY SICK does not begin to describe that vermin).
ALL OF THIS = REASON NOTTING HILL POLICE NEVER CONTACTED ME - AT ANY POINT IN TIME - ABOUT THIS SO-CALLED "COMPLAINT" - AND CONSEQUENTLY TOTALLY DENIED ME THE RIGHT TO DEFEND MYSELF AGAINST IT
(But, as I report in my 13 August 2009 letter (pg 37), communication DID take place between K&C police and my then employer, KPMG: "On 26/27 April 2007, three days after I gave prominence to the events on my website, the message that, "The police is not going to pursue it. Isn't that good news?" was communicated to me through my then employer, KPMG. By then, five weeks had elapsed since the 20 March 2007 e-mail from Simon J. Dowling. Nor had he contacted my website Host since". In my 20 September 2009 letter (pg 37) I highlight that (like the ALL the other questions) my question in relation to this communication has NOT been answered by the police).
In my - NON-LAWYER - opinion I hold the view that:
The above actions / lack of action by TDC Simon J Dowling, PC 474BS K O’Brien, et.al. amount to offences against me under:
(1) Malicious Communications Act 1988:
(2) Protection from Harassment Act 1997:
- s.1(1), (2) - 'Prohibition of harassment', as defined by s.7 of the Act – ‘Interpretation of this group of sections', including sub-s3A of s.7 'aiding, abetting, counselling, procuring harassment' (as inserted by the Criminal Justice and Police Act 2001, s.44(1)(2)) (a criminal offence)
- In sending his emails of 16 March and 20 March 2007 to my website Host, TDC S Dowling also committed an offence of harassment against my Host. Although he backed down in his 20 March email, he further attempted to bully and intimidate my Host by asking: "who deals with any complaints about websites in the US and I'll pass this on to the victim"
(3) Data Protection Act 1998 - Breaches of the Act - as per the 2003 "crime report" - except in relation to section 2:
- s.2(e)- False allegations about my ‘mental health or condition’
- s.2(g)- False accusation of my committing a "Racist" act; any other accusations of my having committed an offence
.(4) Human Rights Act 1998
s.6(1)- "It is unlawful for a public authority to act in a way that is incompatible with a Convention right…"; s.6(6) "An act includes a failure to act"
- Article 6 - Right to a fair trial - as, in breach of paras (1) and (2) of the Article this "criminal charge" is being held against me - without being determined by a court of law.
- Article 8 - Right to respect for private life i.e. free of unjustified, unlawful interference by the State
- Article 10 - Freedom of expression - the right to tell the truth - in the public interest - and to express my opinions, including justified, well-documented / supported criticisms - without being censored by the police
- combined with
- Article 14 - Prohibition of discrimination
- as the contravention of my Rights is motivated by blatant discrimination. The cause of this discrimination is because I 'dare' to stand-up and fight for my rights - in the process exposing K&C police, its protégé, Andrew Ladsky, and others in the 'Brotherhood' - combined with my profile.
(5) Defamation Act 1996
By making libellous comments about me to my website Host.
(6) Criminal Procedure and Investigation Act 1996
s. 1(4) of the Act 1996 defines a criminal investigation as “investigation which police officers have a duty to conduct with a view to being ascertained (a) whether a person should be charged with an offence, or (b) whether a person charged with an offence is guilty of it”. Further, the Code of Practice supplementing the Act, under para.3.5, imposes a duty on police officers “to pursue all reasonable lines of inquiry, whether these point towards or away from the suspect”.
(8) Police Reform Act 2002, as well as the Police Act 1996 (see below)
(9) Police (Conduct) Regulations 2004 - Reg.3 Code of Conduct
- Failure to contact me at any point in time following Andrew Ladsky's "complaint" against me - thereby denying me the right to defend myself against the accusations and opinions against/about me.
- Falsely recording that I committed a “Racist” act - and possibly other offences.
- In two e-mails to my website Host, falsely accusing me of having committed "criminal offences" - and not providing any evidence in support.
- False representation of powers in the 16 March 2007 e-mail by impersonating an investigating officer - in the hope that my US website Host would be unaware of the powers of a community support officer and, as a result, would comply with the demand for immediate closure of my website.
- In the said two e-mails, effectively branding me a “Nazi” because of my Franco-German origin.
- ‘Recycling’ false accusations by Ladsky against me from the 2003 report – with the objective of adding weight to his accusations.
- Failure to refer back to the 2002 report which relates to my complaint against Ladsky – because ‘inconvenient’ for KCP’s purposes.
- Failure by supervisory officers to oppose improper conduct.
- In the said actions and omissions, acting in a manner that discredits the Police Service in the eyes of the public.
(10) Metropolitan Police Service’s policy (stated on TDC S Dowling’s 16 March 2007 email)
“It is the policy of the MPS that: MPS personnel…must not use MPS systems to author, transmit or store documents such as electronic mail (e-mail) messages or attachments: containing racist, homophobic, sexist, defamatory, offensive, illegal or otherwise inappropriate material”
(11) s.127 of the Communications Act 2003- 'Improper use of public electronic communications network' (as amended)
(12) Failure by KCP’s Chief Superintendent to ensure his officer's compliance with the Regulations, as well as with other legislation.
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(See point # 5, below, for the outrageous excuses by Acting Chief Inspector, Steve McSorley, 'Professional Standards', K&C police, for REFUSING to amend this (and the other two reports) |
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In 2007 the borough's police force continued to confirm that it considers me as having NO RIGHTS. (The events are covered in detail in My Diary 20 Mar 07).
Having failed to get my current American website Host to close down my website in spite of weeks of ongoing threats of legal action – based on scurrilous accusations against me - by his other puppet, Jeremy Hershkorn, then at , Portner and Jaskel (Portner # 2), yet again, Andrew Ladsky turned for assistance to his 'SS' ‘mates’ at Notting Hill police.
Falling over backwards to help Andrew Ladsky, the assistance took the form of an email, dated 16 March 2007, 'from' TDC Simon J. Dowling, of the 'Community Safety Unit’ Notting Hill police, to my website Host stating: “Hi the above site contains some inappropriate use of the words "pigs and monkeys" which are racially abusive terms towards Jewish people from the Nazi's. This is directed at a particular person…” (NB: in 'his' next email of 20 March 2007, 'Dowling' continued to brand me a "Nazi" - see below) (The events are covered in detail in My Diary 20 Mar 07).
By early 2006, I had become very angry at being monitored and hounded as though I am a terrorist, as well as being physically threatened - and started to use the words ‘pigs and monkeys’ in my online Diary to refer to the scums who are doing this to me (‘pigs’ being the recognised, derogatory term for the police). As I wrote in My Diary, on 23 August 2006 "Visitor to the site, how would you feel if you were subjected to this kind of treatment every single day - any time of day? Add to that threatening behaviour”
In addition, by then, I had already lost all respect for the police as a consequence of my experience with Kensington & Chelsea police in 2002 and 2003.
Clearly with the objective of scaring my website Host into closing down my site, in his 16 March 2007 email, TDC Simon J Dowling, 'Community Support Officer' implied that I had committed "a crime" – WITHOUT providing evidence in support, as he wrote:
“I am the police officer dealing with this crime. I would therefore be grateful if this site could be taken down”
As I wrote (pages 4 and 5) of my 2 February 2010 letter to, among others, Sir Paul Stephenson, Met Commissioner, in claiming "I am the police officer dealing with this crime", TDC Simon J Dowling impersonated an investigating officer.
In support of my conclusion, I stated "I know from the Channel 4 [TV] programme, Dispatches, on 21 September 2009, during which Paul McKeever, chairman of the Police Federation said “We don’t know what PCSOs are doing on a case-by-case basis across the forces. There are 43 different models out there… They were brought in for the best of reasons but I think it was a deeply flawed experiment…” and, from the Mail on Sunday article of 20 September 2009 “How ‘plastic bobbies’ can fine you for fly-posting in Leicester, but not in London” that the role of a Community Support Officer is not standard – but I am sure that it does not include “investigating a crime”.
(See extracts from 21 Sep 09 Channel 4 (TV) programme Dispatches, and link to Mail on Sunday 20 Sep 09 article)
In fact, looking at the Police Reform Act 2002: s.38(5A), (5B), 6(a)- 'Police powers for police authority employees' ; s.38A- 'Standards powers and duties of community support officers' ; Sch.4- 'Powers exercisable by police civilians', Part 1- 'Community support officers' (which expands on s.38) ; Sch.5 which relate to "the standard powers and duties of a community support officer" - it is abundantly clear that the statutory functions of a 'Community Support Officer' do NOT include those of a (bent) investigating officer, and nor, indeed, do they include those of a (bent) medical practitioner.
While I did not complain at the time (for the reasons detailed earlier on) - I draw attention to the Code of Conduct, Reg.3 comprised under Sch.1 of the Police (Conduct) Regulations 2004 (that applied in March 2007): "6. Lawful orders - Officers should...oppose any improper behaviour, reporting it where appropriate". As evidenced by the "Crime report" CR:5605839/07, there were several other officers involved.
Reg.3 'Interpretation' of the 2004 Conduct Regulations states: “conduct matter” "means any matter which is not and has not been the subject of a complaint but in the case of which there is an indication (whether from the circumstances or otherwise) that a person serving with the police may have—(b)behaved in a manner which would justify the bringing of disciplinary proceedings"
While the Notes to the 2004 Code of Conduct refer to "...conduct which could, if proved, bring or be likely to bring discredit to the police service should be investigated..." . Dowling certainly went out of his way to discredit the police, including in the eyes of my US website Host, and so did his colleagues.
WHY did they ALL collude? WHY have their supervisors not taken disciplinary action? WHY did they ALL conclude that they could ignore Regulations issued by the Secretary of State, and endorsed by Parliament?
I view this as 'gross misconduct' (*) 'Of course', Steve McSorley of 'Professional Standards', as spokesperson for Chief Superintendent Mark Heath disagreed. WHY are they turning a blind eye?
(*) While the police's definition of 'gross misconduct', "a breach of the Standards of Professional Behaviour so serious that dismissal would be justified", only appeared in the police-specifc legislation on 1 Dec 08, I believe that any fair minded, reasonable person, considering Oxford dictionary definition - would agree with my assessment.
Furthermore, s.90 of the Police Act 1996, 'Impersonation, etc.' states (1) "Any person who with intent to deceive impersonates a member of a police force..., or makes any statement or does any act calculated falsely to suggest that he is such a member..., shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or to both". If that's the treatment for civilians, then it should surely be at least as much for insiders who falsely pretend to have certain statutory powers - and, on top of that, make false representations under these powers.
I also draw attention to s.38(4) of the Police Reform Act 2002 "A chief officer of police . . shall not designate a person under this section unless he is satisfied that that person—
(a)is a suitable person to carry out the functions for the purposes of which he is designated;
(b)is capable of effectively carrying out those functions; and
(c)has received adequate training in the carrying out of those functions and in the exercise and performance of the powers and duties to be conferred on him by virtue of the designation"
(Media reports re. Community Support Officers: (1) "PCSOs account for more than half of police misconduct" (5 Feb 09, Daily Telegraph); "Support officer jailed for giving criminals information", (BBC, 7 Jul 10))
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As a result of being challenged by my website Host who asked “Are you aware that there are laws against making false accusations?” in his 20 March 2007 reply, Simon J Dowling backed down stating
“…yes there are laws relating to false reporting…If you are unable to close the site down I will let the victim know as there is nothing we as a police force can do except class it as a racist incident”...
– while still making a totally unsupported, libellous accusation: “racist incident”.
Demonstrating outrageous racism and xenophobia, in his 20 March 2007 email, Simon Dowling confirmed the view 'he' expressed in 'his' 16 March 2007 email (above) by branding me a “Nazi”:
"The producer of this website is franco-german in origin and so would be aware of the terms pigs and monkeys used during the Nazi regime. Obviously the victim we have has picked up on this as he is Jewish" (NB: In name rather than in practice)
(The events are covered in detail in My Diary 20 Mar 07).
Clearly, in addition to breaching the police Code of Conduct issued by the Secretary of State, and endorsed by Parliament (1. Honesty and integrity ; 2. Fairness and impartiality ; 3. Tolerance; 4. Abuse of authority; 5. Performance of duties), TDC Simon J Dowling also breached, among others, the Metropolitan Police Service’s policy stated at the bottom of his email of 16 March 2007: “It is the policy of the MPS that: MPS personnel…must not use MPS systems to author, transmit or store documents such as electronic mail (e-mail) messages or attachments: containing racist, homophobic, sexist, defamatory, offensive, illegal or otherwise inappropriate material”. (Which stems from anti-discriminatory legislation)
It is blatantly oblivious from the fact that Simon Dowling backed down as a result of being challenged by my website Host that the objective of the involvement by K&C police was to close down my website. Indeed, after being challenged by my website Host, on pg – 19/03/2007 – 17h59 – of the "crime report", Dowling entered “I am still trying to get the website closed down". The following day, he tried to do this, by further attempting to bully and intimidate my Host by asking in his 20 March email: "who deals with any complaints about websites in the US and I'll pass this on to the victim"
On the upside, it showed my website Host what I am facing in this country.
Please note that TDC SJ Dowling did NOT record in the "crime report", the reply from my website Host to his 16 March 2007 email, NOR did he record his 20 March 2007 reply. (Key point # 4, above) = among others, a further breach of the Code of Conduct.
What is ALSO VERY TELLING – in light of the implied accusation that I had ‘committed a crime’ - is the fact that Notting Hill police did NOT contact me AT ANY POINT IN TIME following this so-called "complaint" Instead, three days after I gave prominence to the events on my website, the message that "The police is not going to pursue it. Isn't that good news?" was communicated to me through my (then) employer, KPMG [ADD]. By then, five weeks had elapsed since the 20 March 2007 email. (Key point # 9, above)
WHY did K&C police NOT contact ME - AT ANY POINT IN TIME - about MY website following the so-called "complaint" by Ladsky?
WHY has K&C police consequently DENIED ME THE RIGHT TO DEFEND MYSELF AGAINST THE FALSE ACCUSATIONS?
What is also 'fascinating' in light of what I had reported in My Diary - just for 2006, including being physically threatened (*) - let alone in the rest of my website, is that TDC Simon J. Dowling of Notting Hill police's 'Community Safety Unit' considered it fit to just send these two emails (16 March 2007 and 20 March 2007)
(*) Example: Mr Neil Mitchell, a whistleblower, also reported being physically threatened.
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(4) While I, and at least four of my fellow leaseholders have complained to Kensington & Chelsea
police of suffering harassment from Andrew Ladsky (a criminal offence), 'mysteriously' there are "no crime reports" against him on the police system
In addition to my complaint in 2002:
Leaseholder H who was running the residents
association - Leaseholder E confirmed
this to me in an email, dated 18
April 2002 (Head Residents Association)
Leaseholder A (Elderly
Resident) - he gave me the 11
October 2001 letter from Ayesha Salim, CKFT, confirming
this. He also told me that the person
he had (subsequently ?) spoken to at
Kensington & Chelsea
police was Emma Whitlock, number 92ES,
and he gave me a telephone number, suggesting
I contact her. I never did.
Leaseholder B (Other Residents) - he gave me the 11
October 2001 letter from Ayesha Salim, CKFT, confirming this.
Resident
K (Resident K) - which DC Adams
told me himself (as captured in my 2
April 2002 letter to DI Paul Webster)
'Apparently', the tenant of Leaseholder E also
complained against Andrew Ladsky sometime in
2004 (see Other Residents section)
Are there other leaseholders / their tenants
who have reported Ladsky to Kensington & Chelsea
police?
Oh! but of course, as Detective Inspector Paul
Webster wrote
in his 23
April 2002 reply to me (section 1)
"No crime report has been reported
to this police borough regarding Mr Ladsky, in
your letter you mention that other occupiers
had complained this may be correct, but there
are no reported crimes about Mr Ladsky"
And indeed, as Ayesha Salim, Cawdery Kaye Fireman & Taylor captured
in her identical letter of 11 October 2001
to Leaseholder
A and Leaseholder
B:
"The police have investigated
the allegation and have determined
that it was completely unfounded"
(NB: It 'seems' to me that this 11 October 2002
letter from Ayesha Salim amounts to harassment
and intimidation of witnesses - which is
a very serious offence)
In addition to which:
There is the harassment and intimidation of
our local Citizens Advice Bureau because it tried to help us (Nucleus, Citizens Advice Bureau)
Comparison of the 14
November 2001 letter it received
from 'Steel
Services' with the 25
January 2001 letter Andrew Ladsky sent me (and other leaseholders)
suggests the same originator: same
layout, same typeface, same writing
style.
(Another
letter in the 'same style', from
'SS', dated 2
January 2001 was sent to Leaseholder
A, the Elderly
Resident)
(In his malicious, libellous 3
October 2006 letter to
my then ISP, Jeremy Hershkorn, Portner
and Jaskel, has
'helpfully' confirmed what
I knew from the time of what
I view as the vicious 'attack'
on the Elderly Resident: his client is
Andrew Ladsky)

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And Kensington & Chelsea police's position is that: "there is not enough evidence to take action against Mr Ladsky" ??? Yeah, right!
Compare this with events in 2003 when Ladsky reported me to the same police station for "swearing at him"
And add to that my experience of Notting Hill police in 2007 (My Diary 16 Mar 07), and with Kensington & Chelsea police October 2010
And "the evidence" on my side of the fence spells:
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My avenues to justice, redress and protection have been blocked from the very beginning of my horrific nightmare (Home page - Overview) which, as detailed under section 1, above, started with Kensington & Chelsea police in early 2002.
Police Public Access Office
The conduct of K&C police at the time, and subsequently in 2003 and 2007 - added to my conclusion that the police is monitoring me (while I cannot - yet - prove it, consideration of various events lead me to the conclusion that I am under surveillance) - lead me to want to know under which rule of law does the police consider itself entitled to treat me, a law-abiding, tax-paying, British VICTIM OF CRIME - as it has, and continues to do?
I therefore filed a 28 May 2009 Subject Access Request with the police, under the Data Protection Act 1998. (I did the same in relation to the Ministry of 'Justice', from which - as the innocent victim of crime - I have, likewise, suffered absolutely outrageous treatment - Legal-Home # C)
It led to my receiving three sets of computer printouts: (i) CR:5604102/02 ; (ii) CR:5602261/03 ; (iii) CR:5605839/07 - with a covering letter from the Public Access Office, dated 14 July 2009 (posted on 20 July - hence past the 40-day deadline for reply) telling me "If you consider the information to be incorrect please write to the above address, stating your concerns clearly and concisely"
As can be seen in my 13 August 2009 reply, supported by a 101 page bundle of 49 documents as justification - I have a lot of "concerns" about these reports as they contain a lot of, among others, "incorrect information" (The printouts are discussed, above, under the relevant year i.e. 2002, 2003 and 2007)
Continuing to breach my statutory rights (My questions, above) including my Human Rights (above) - in its typical dismissive, contemptuous, self-regarding, power-corrupted, arrogant style (my complaint in 2002) (and that of, among others, other public sector parties) - the 'reply' from Jenna Neville, Public Access Office of 25 August 2009 amounts to a 'Get lost!'. Indeed, the letter states:
“I have forwarded your concerns on to the Investigating Officer who will if he feels necessary update the report… If this is completed I will forward you a updated version”
“…I can confirm after making enquiries there is no further information we can provide you with”
Costing me yet, many more hours of my life, I replied to Jenna Neville on 20 September 2009, labouring the points in my 13 August 2009 reply, which I grouped under:
- “2.1 You hold data about me that are trumped-up accusations, unlawful, malicious, vicious attacks on my name, character and reputation"
- "2.3 You hold data about me that is biased, corrupted, false, deceitful, conveys a false, misleading impression of me"
- "2.4 Highly pertinent evidence has been withheld to cover-up ‘inconvenient’ events, and as a means of disparaging me and discrediting me”...
...and emphasised my rights by capturing, on pages 3 to 7 of my reply, comprehensive extracts from the Data Protection Act 1998, as well as some from documents on the Information Commissioner website.
K&C police 'Professional Standards', Met Commissioner and Home Secretary
I also sent a 20 September 2009 letter to Chief Superintendent Mark Heath,
Borough Commander, Kensington police, headed "Kensington & Chelsea police is not exempt from compliance with the requirements of the Data Protection Act 1998" - relating what had happened (with documents in support: my 13 August and 20 September 2009 replies to the Public Access Office; its 25 August 2009 'Get lost!' 'response').
In this letter, I list 14 questions about K&C police ending with "Last but not least – as your officers have familiarised themselves with the content of my website - the right to turn a blind eye to criminal offences committed against me by Andrew Ladsky, including through ‘his puppets’ who “acted under his instructions” (e.g. Portner # 5.1). I follow this by listing: “The Protection from Harassment Act 1997; the Fraud Act 2006; the Malicious Communications Act 1988; the Theft Act 1968 / Theft Amendment Act 1996; the Money Laundering Regulations / Proceeds of Crime Act 2002; Etc.”
I conclude with "As the above are very clearly in breach of, among others, the Police Professional Standards, as Head of K&C police: what are you going to do in the face of this litany of outrageous, gross misconduct?”
I also ask that "a letter is immediately sent to my website Host retrieving all the malicious, scurrilous and libellous accusations made against me by your member of staff, TDC Simon J Dowling of the ‘Community Safety Unit’, in his 16 and 20 March 2007 emails to my website Host (point # 3, above) – and that you copy me on this letter" I also captured what I wrote in my 20 September 2009 reply to the Public Access Office, that "If this proves necessary, I will follow this with legal proceedings as per my rights under s.14 of the Act".
My 20 September 2009 letter to Mark Heath, led to a 22 September 2009 reply from "Steve McSorley, A/ Chief Inspector" who, while he did not specify it, I discovered on the Kensington police website is Kensington police head of 'Professional Standards & Performance' "responsible for all matters relating to complaints, misconduct and civil actions. He also heads the Operational Performance Unit and leads on improving the borough's performance around Citizen Focus". (NB: But when it comes to intimidation of the public in order to help 'their friend', they are not shy to put their title (real or fabricated) e.g. in 2003: "PC Neil Watson, Crime Investigator")
Having said that I "quite clearly expressed [my] concerns" McSorley 'suggested' I contact the Information Commissioner "if [I am] dissatisfied with [the] response from [the Public Access Office]" (Like Andrew Ladsky and his mob, they get their sadistic kicks out of tormenting you and making you run like a hamster on a wheel)
In my 8 October 2009 reply to McSorley, headed "In light of your role at Kensington & Chelsea police: how do you explain your response of 22 September 2009?", I noted the fact that he TOTALLY ignored both, the content of my 20 September 2009 letter to Mark Heath, and of the supporting enclosures i.e. my 13 August and 20 September 2009 replies to the police printouts.
On 8 October 2009, I copied my reply to Steve McSorley to Mark Heath, heading my letter "Do you endorse the treatment I have and continue to be subjected to by Kensington & Chelsea police?" and report the fact that, in his 22 September 2009 'reply', McSorley has ignored ALL the content of my correspondence. I ask "Can you please confirm to me whether or not you endorse his conduct? If so: why? If not: how you will assist me".
I also ask "I would also like to know why, since 2002, I have been treated as I have by K&C police", and follow this by quoting extracts from the Equality and Human Rights Commission website, that I have the right to “Being treated fairly and with dignity… means that everybody should have access to public services…and the right to be treated fairly by those services. This applies to all public services… " (NB: I did not quote from the Parliament-endorsed police's Code Of Conduct and Standards of Professional Behaviour as I still needed to research - and digest - the voluminous amount of police-specific legislation - although it would clearly have made no difference).
One month later, I had not received a reply from either of them, leading me to send an 11 November 2009 chaser letter to Mark Heath, and to Steve McSorley.
It led to a 17 November 2009 reply from Sergeant Dave Jones, Staff Officer to the Borough Commander, that “The Borough Commander has asked Chief Inspector McSorley to write again to you in order to outline the previous advice given”. As I wrote in my 28 November 2009 letter to Sir Paul Stephenson and Alan Johnson, then Home Secretary "In other words, evidently repeat to me the equivalent of the ‘Get lost! We don’t care!’" Of course, I WAS PROVEN RIGHT (see below).
My 28 November 2009 letter to Sir Paul Stephenson and Alan Johnson, then Home Secretary, was a 'cry for help', as well as intended to show the massive disconnect between my first-hand experience with the police - which I summarised, including the latest events. To support my demand for their assistance, I supported my letter with 11 enclosures to both (amounting to over 100 pages):
((1) my 28 May 09 Subject Access Request; (2) my 13 Aug 09 reply to the "crime reports"; (3) the 25 Aug 09 'reply' from the PAO; (4) my 20 Sep 09 reply; (5) my 20 Sep 09 letter to Mark Heath; (6) the 22 Sep 09 'reply' from Steve McSorley; (7) my 8 Oct 09 reply to McSorley; (8) my 8 Oct 09 letter to Heath; (9) my 11 Nov 09 chaser letter to Heath; (10 ) my 11 Nov 09 chaser letter to McSorley; (11) the 17 Nov 09 letter from Dave Jones)...
...- and what Sir Paul and Mr Johnson had recently said in the media, as well as claims on the police website, and the recent launch of the 'Policing Pledge': Sir Paul Stephenson (1) In the context of the innocent bystander killed by the police at the G20 demonstration in 2009: “I can assure you that we [the police] are on your side” ; (2) The Community Service Unit website "Every crime has a bad effect on the victim but hate crimes are probably the most damaging. They happen when a person hates someone else enough to abuse them, attack them or commit some other offence against them… The more we know about these crimes and who commits them, the better we can work to prevent, detect and investigate them in the future. It's our job to identify what's happened and make sure that appropriate action is taken"...
Mr Johnson (1) Following the tragic suicide of Mrs Fiona Pilkington and of her handicapped daughter - reported to have made a total of "33 desperate calls to the police" - and got no help: “Police officers must visit every victim of crime”; (2) The relaunch of the 'Policing Pledge’ (triggered by the death of Mrs Pilkington and her daughter) - which starts with: “The police service in England and Wales will: 1. Work to keep you and your neighbourhoods safe from harm; 2. Always treat you fairly, with dignity and respect, ensuring that you have fair access to our services at all times”
Stating "Given the propensity to discredit me", I quote - from media reports - examples of: (1) other people's experience with the police (point # 9.2, below) ; (2) conclusions about the police by various parties (point # 9.2) ; (3) actions by the police (point # 9.2), etc.
I concluded my letter with "I hope you will change my perceptions by taking immediate action in relation to K&C police, and ensure the implementation of my rights: pursuing Andrew Ladsky and parties he instructed for the offences they committed against me; ensuring that police records are amended to reflect my feedback, and my outstanding questions answered"
(NB: Ditto in terms of my not quoting from the Parliament-endorsed police's Code Of Conduct and Standards of Professional Behaviour: I still needed to research - and digest - the voluminous amount of police-specific legislation - although it would clearly have made no difference).
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Post sending this letter, I took delivery of a 20 November 2009 letter from Steve McSorley, 'Professional Standards', Kensington police, said to be in acknowledgement of my 8 October 2009 letter to him and to Mark Heath – (hence, six weeks later).
(As I had predicted), he states:
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In reading this 'reply' (and, indeed, previous 'replies'), consider:
(1) The Standards of Professional Behaviour issued by the Secretary of State, and endorsed by Parliament (2) Home Office Guidance e.g.
- 1. 14 - "Police officers do not knowingly make any false, misleading or inaccurate oral or written statements or entries in any record or document kept or made in connection with any police activity"
- 1.78 - "Police officers are expected to uphold the Standards of Professional Behaviour in the police service by taking appropriate action if they come across the conduct of a colleague which has fallen below these standards. They never ignore such conduct"
- The introduction to the Guidance states: "Those entrusted to supervise and manage others are role model for delivering a professional, impartial and effective policing service... they must demonstrate strong leadership and deal with conduct which has fallen below the standards in an appropriate way"
(3) From IPCC 'Statutory Guidance to the police service and police authorities on the handling of complaints' : #603, p148 – “The IPCC expects that professional standards departments will make clear to other parts of their force carrying out the practical handling of complaints what standards must be achieved. Chief officers should support their professional standards departments in setting and maintaining these quality standards across the force” |
“For the sake of clarity, may I stress that I do not accept that there has been any “gross misconduct” by any of our officers in relation to the various crime reports in which you are named.
(NB: Contrast that with (1) my experience with K&C police - as summarised in my below letter of 2 Dec 10 to Paul Stephenson and Alan Johnson; (2) the Code of Conduct issued by the Secretary of State, and endorsed by Parliament - that was in force at the time of the reports. The clear conclusion is that the officers involved at the time of these reports have breached ALL the components of the Code of Conduct)
Nor do I accept that TDC Dowling made “malicious, scurrilous or libellous allegations” when he contacted your website host. (NB: see point # 3, above)
With regard to the wording of the crime reports, I am satisfied that this represents an accurate account of what police were told at the time even if you do not agree with what was said by third parties.
Consequently I… will not be making any alterations to the various crime reports… unless enforcement notice is served by the Information Commissioner”
In my 2 December 2009 letter to the Met Commissioner Sir Paul Stephenson and Alan Johnson, then Home Secretary, headed "Head of Kensington police approves of illegal conduct by some of its officers", I highlight McSorley's comment “I am satisfied that this represents an accurate account of what police were told at the time…Consequently I… will not be making any alterations to the various crime reports…” and state "What a very damning indictment!". I follow this by quoting the Data Protection Act 1998 that "the data controller has an overriding duty to process personal data fairly and lawfully", as well as comments by the Information Commissioner and state:
"It certainly IS “reasonably expected” of the police to investigate third party claims, including obtaining supporting evidence. And it IS likewise “reasonably expected” of the police to do this BEFORE accusing an individual of having committed criminal actions"
(NB: Recording of false information to suit the police's interests - in the wider sense - is, in addition to my case, well documented - e.g. media reports under section # 9.2, below) Drawing from my 13 August and 20 September 2009 replies to the Public Access Office, in my 2 December 2009 letter to Alan Johnson and Paul Stephenson I wrote "It follows from this that, as Chief Superintendent and Borough Commander for Kensington & Chelsea police, Mark Heath:
"1. Approves of his officers NOT contacting me – AT ANY POINT IN TIME – in relation to the 2007 so-called ‘complaint’ against me ‘by Andrew Ladsky’ – giving them free rein to communicate unlawful, fabricated lies against me to third parties, as well as record them on the police systems" (point # 3)
"2. Approves of his officers defaming my name, character and reputation to a third party by making – totally unsupported - unlawful, libellous and malicious accusations against me to my website Host – with the aim of scaring my website Host into closing down my website, by: (1) TDC Simon J Dowling claiming in his 16 March 2007 email to my website Host that I had ‘committed a crime’ “I am the police officer dealing with this crime”; (2) stating that I have used “racially abusive terms towards Jewish people from the Nazi’s”; (3) claiming that “This is directed at a particular person”" (point # 3)
"3. Approves of his officers making unlawful, racist, xenophobic comments by branding me “a Nazi” - by TDC Simon J Dowling stating in his 20 March 2007 email to my website Host “The producer of this website is of franco-german origin and so would be aware of the terms pigs and monkeys used during the Nazi regime” – and therefore approves of his officers breaching the police code that “MPS personnel must not use MPS systems to author, transmit or store documents such as electronic mail…containing racist,…defamatory, offensive,…material”" (point # 3)
"4. Approves of his officers recording on the police systems expressions of opinion about my mental health that are malicious, scurrilous and libellous. Concurrently, of approaching social services, in what I conclude, was part of an attempt at getting me sectioned – with the ultimate objective of gaining the closure of my website “She is obviously extremely paranoid”; “I believe she may have some mental issues so will be speaking to social services to see if they are aware of her”" (Point # 3, Key point # 8)
"5. Approves of his officers “fully recording” Andrew Ladsky’s so-called ‘complaint’ against me in 2003 as “SUBSTANT/Offence of harassment” - BEFORE even contacting me" (point # 2)
"6. Approves of his officers threatening me on the say-so of Andrew Ladsky e.g. 27 January 2003 letter - which was the first form of contact by K&C police following Ladsky’s so-called ‘complaint - “Of perhaps greater importance is the fact that any further such outbursts may result in charges of harassment being made against you, as this initial complaint has been fully recorded by the police… Please avoid (if you can) any confrontation with Mr Ladsky or there may be further consequences”" (point # 2)
"7. Approves of his officers bullying me and intimidating me into dropping my 2002 complaint, as well as telling me “You won’t be able to prove a link with Andrew Ladsky” – with the effect of undermining my credibility, as it can be construed that I backed down on my complaint" (point # 1)
"8. Approves of his officers repeatedly processing data that gives an inaccurate description of Andrew Ladsky’s role in Jefferson House – by: (1) describing him as “a neighbour”, instead of what he is ‘landlord for Jefferson House’; (2) stating in 2007 that I “seem to think that Ladsky is behind the company who has sent these letters [from the ‘managing’ agents, Martin Russell Jones]” – with the aim of giving him scope to play the ‘poor innocent victim’, as well as give some weight to his trumped-up, malicious and slanderous accusations against me" (points # 1, # 2 , # 3)
"9. Approves of his officers totally failing to challenge Ladsky on the veracity of his accusations against me, including failing to obtain supporting evidence - as it would discredit his complaints against me" (points # 2 , # 3)
"10. Approves of his officers totally failing to probe, and therefore failing to record the context of situations/ surrounding events - as it would discredit Ladsky’s complaints against me e.g. in 2007, not determining the content of “The service charge letter sent by the managing agents to all the residents” and stating that “[I] took exception to this” – as it would require capturing that (1) “the letter” demanded the sum of £736,000 ; (2) Ladsky followed this by having a West London County Court claim filed against me and another 13 flats – proving that I was not the only one “taking exception” ; (3) c.£500,000 of the demand was knocked-off during the tribunal hearings (NB: London LVT # 4 , # 6 , # 7) ; (4) Ladsky subsequently made me an ‘offer’ that was £8,000 below his original demand" (NB: WLCC # 10 , # 12 , # 13)
"11. Approves of his officers recording on the police systems – totally unsupported, unlawful, libellous and malicious accusations against me – many of which I only discovered as a result of making the 28 May 2009 Subject Access Request"
- "1. in 2003 – (1) that I committed an “Offence of harassment” ; (2) that I “wrote letters accusing [Ladsky] of theft” (but as it turned out: he DID commit theft – on a grand scale) ; (3) “swore at Ladsky approximately 3 or 4 times” ; (4) that “This verbal abuse started in November 2002” – and the concurrent, equally false implication, that I had been doing this on an ongoing basis since November 2002" (point # 2);
- "2. in 2007 – (1) that I committed “a hate crime”; “a racist, anti-Semitic offence” ; (2) that my website “is alleged to contain anti-Semitic, anti-black, and anti-Asian pictures and text” ; (3) that “The specific remarks and pictures that are being complained about are contained throughout [my website]” ; (4) that it contains “a lot of slanderous comments on the site mainly directed at [Ladsky] but also at K&C and even MPs, the Prime Minister and DPM. Also against solicitors and many others”; etc." (point # 3)
"12. Approves of his officers failing to record correspondence – because ‘inconvenient’ to Ladsky / his officers, and / or in order to disparage me / discredit me / lessen my complaint e.g."
"- in 2002: my 26 March 2002 fax to DC Adams in which I reiterate the BT evidence he had already been supplied with, one month previously - which totally refuted his ‘story’;" (point # 1)
"- in 2003: my 11 February 2003 letter to PC Neil Watson in which I asked “for precise detail – in writing – of the accusation against me;" (point # 2)
"- in 2007: (1) from my website Host to K&C police asking “Are you aware that there are laws against making false accusations?” ; (2) the 20 March 2007 email from TDC Simon J Dowling to my website Host, in which he backed down from his accusations, stating “Thanks for your reply, yes there are laws relating to false reporting. If you are unable to close the site down I will let the victim know as there is nothing we as a police force can do except class it as a racist incident…” (while still making an unsupported, libellous accusation: “racist incident”)" (point # 3)
"13. Approves of his officers recycling false accusations against me from Ladsky’s 2003 ‘complaint’ in order to add weight to his equally false accusations in ‘his’ 2007 ‘complaint’ e.g. “There is a previous CRIS 5602261/03 which relates to an harassment of [Ladsky] by Ms Rawé no further action was taken at the time. But it shows Ms Rawé used to swear at [Ladsky] when seeing [Ladsky] in the communal area. This was when the service charge dispute first arose”" (point # 3)
"14. Approves of his officers failing to record the content of correspondence, as well as failing to act on it – because ‘inconvenient’ - such as (1) my 25 March 2002 fax to DC Adams in which I captured his claim that the resident had “admitted to having made the anonymous phone calls to [me]” – and asked him to confirm that what I wrote in the fax accurately reflected what he told me ; (2) my 2 April 2002 letter to DI Webster in which I provide comprehensive detail of events with DC Adams" (point # 1)
"15. Approves of his officers lying; knowingly record false data; telling me / writing one thing to me, and capturing something totally different in the police database – with the aim of covering-up events / avoid capturing ‘inconvenient’ data / disparaging me and discrediting me e.g."
"- in 2002, (1) falsely telling me that all the calls had been made by the resident v. recording in the report that “there is no way of tracing which telephone was used” ; (2) falsely telling me that BT had said that the second number was also one its own ; (3) recording my landline number as being the source of the anonymous phone calls to my landline phone;" (point # 1)
"- in 2003, (1) PC Neil Watson falsely recording that I did not respond to his 27 January 2003 letter ; (2) PC Watson stating in this letter “any further such outbursts may result in charges of harassment being made against you, as this initial complaint has been fully recorded by the police…” v. recording Ladsky’s so-called ‘complaint’ against me under the ‘Main classification’ as “SUBSTANT/Offence of harassment”" (point # 2)
"16. Approves of his officers repeatedly ignoring the evidence, and fabricate stories upon stories to avoid revealing it – with the aim of clearing Ladsky of involvement e.g. in relation to the data supplied by BT in 2002 – leading DC Adams to state “…in this case there was absolutely no evidence to link [Ladsky] with this matter”" (point # 1)
"17. Approves of his officers failing to record the content of verbal communication from the police to me – because ‘inconvenient’ to his officers / Ladsky’s ‘complaint’ - in 2002: (1) that the person alleged to have made the anonymous phone calls had “her mobile phone stolen in November 2001” and that “the phone had mysteriously reappeared at her door four months later” ; (2) bullying me and intimidating me into dropping my complaint, as well as telling me “You won’t be able to prove a link with Andrew Ladsky”" (point # 1)
"18. Approves of his officers failing to acknowledge that at least four of my fellow leaseholders at Jefferson House also complained to K&C police of suffering harassment from Andrew Ladsky – thereby lessening my complaint against him" (points # 1 , # 4).
"19. Last but not least - approves of his officers – who claimed to have ‘looked’ at my website - turning a blind eye to the ‘mountain’ of overwhelming ‘black on white’ evidence of breaches of numerous Acts, that are punishable by imprisonment, such as the Protection from Harassment Act 1997; the Fraud Act 2006; the Malicious Communications Act 1988; the Theft Act 1968 / Theft Amendment Act 1996; the Money Laundering Regulations / Proceeds of Crime Act 2002; the Criminal Justice Act & Public Order Act 1994. Etc. It follows that, among other, Chief Superintendent Mark Heath, Kensington police:"
"20. Approves of his officers breaching my rights under the Data Protection Act 1998:
- to ensure that data held about me is accurate, lawful and fair – and thereby approves of his officers holding data about me that causes me damage and distress;
- to be provided with the data processed about me – to ensure that fair processing requirements have been complied with, as well as allow me to submit subject access requests to other processors of my personal data"
"21. Approves of his officers breaching my rights under the Human Rights Act 1998 – among others: “to be treated fairly and with dignity by the police and without prejudice” (Equality and Human Rights Commission website http://www.equalityhumanrights.com/fairer-britain)"
"In a nutshell: Mark Heath approves of his officers providing assistance to a crook in shutting-up his victim - by whatever means".
The follow-up to my 28 November and 2 December 2009 letters to Sir Paul Stephenson and Mr Johnson were:
(1) A 23 December 2009 letter from the Home Office's Direct Communications Unit, stating “In writing to Sir Paul Stephenson you have taken the right course of action. It is the Chief Officer who is responsible for the day to day operational management of the force and not the Home Office. The Home Officer and its Ministers are not able to act as an avenue of appeal, and have no power to influence or intervene in any investigations”
True, but, pursuant to powers under various statutes, the Secretary of State:
- (1) "Prepares a National Policing Plan"; "sets objectives for the police authorities" as well as "performance targets" (see above)
- (3) Issues: (i) Police Conduct Regulations; (ii) Police Performance Regulations; (iii) Police Complaints and Misconduct Regulations - that are submitted to, and endorsed by Parliament (see above)
- (4) Issues detailed Home Office Guidance to support the implementation of the above Regulations (see above).
As unequivocally stated in the legislation, subordinate legislation (i.e. Regulations) and Home Office Guidance - these MUST be adhered to by police officers.
Hence, being the originator - and owner - of the above, the Home Secretary HAS a duty to ensure implementation of his/her objectives and Regulations through, in this instance the Met Commissioner, by ensuring that he, in turn, performs his duty by ensuring that officers under his control (i.e. local police stations comprised within the Metropolitan Police Service) (s.9A(1) of the Police Act 1996 (as inserted by s.314 of the Police Act 1999)) - implement the above.
Indeed, under s.9A(2) "...the Commissioner of Police of the Metropolis, (2) In discharging his functions...shall have regard to the local policing plan issued by the Metropolitan Police Authority under section 8".
(Note also that under s.9B of the 1996 Act (as inserted by s.315 of the 1999 Act) "The Commissioner of the MPS is appointed on recommendation from the Home Secretary")
It is abundantly clear from my correspondence, including my 2 December 2009 letter to Alan Johnson and Paul Stephenson, that Kensington and Chelsea police behaves like a TOTALLY out-of control-fiefdom that considers itself to be above ALL legislation, including police-related - and has done so for years.
WHY have no action been taken?
WHY, as evidenced by the rest of this section, does this continue to be ignored by the Met Commissioner, as well as by the Secretary of State?
Surely, the conduct of Chief Superintendent Mark Heath amounts to (among others):
"gross misconduct" defined in Reg.3(1) of the Police (Conduct) Regulations 2008 as "‘a breach of the Standards of Professional Behaviour so serious that dismissal would be justified" - or
"gross incompetence" which Reg.4(1) of the Police (Performance) Regulations 2008 defines as "and cognate expressions mean a serious inability or serious failure of a police officer to perform the duties of his rank or the role he is currently undertaking to a satisfactory standard or level, to the extent that dismissal would be justified" WHY do they, in effect, 'don't give a damn'? |
Directorate of Professional Standards (DPS)
In reading the following, consider
- (2) The responsibility of the DPS as defined e.g. on pg 55 of the Policing London Business Plan 2009-12 (copy)- "The Directorate of Professional Standards is responsible for improving professional standards, investigating allegations of unprofessional or unlawful behaviour by staff; and safeguarding the integrity of the organisation”...
- ...“To combat information misuse and ensure that the integrity of police information is maintained and improved”
|
(2) A 3 December 2009 letter from Sir Paul Stephenson's Office that my “letters dated 28th November and 2nd December” have “been forwarded to Inspector Campbell McKelvie, Directorate of Professional Standards Customer Service Team”
It was followed by an 8 December 2009 letter from Hema Patel, Caseworker, Directorate of Professional Standards, Customer Service Team – posted eight days later - on 16 December 2009, enclosing a one-page photocopy headed “What happens next?”, described in the letter as “an information leaflet explaining the various processes” - and asking me for a telephone number on which I can be contacted. I took delivery of the letter on the 24th, and replied on 28 December 2009.
As I report in my 2 February 2010 letter, headed "When am I due to be killed?", to, among others, Sir Paul Stephenson and Mr Johnson: "What has happened since then? TOTAL SILENCE! I am reporting that (1) I am the victim of crime – supporting my claim with a ‘mountain’ of ‘black on white’ evidence ; (2) my local police station has not only opted to turn a blind eye and a deaf ear to the evidence, it has blatantly sided with my attacker ; (3) I have a death threat hanging over my head…and THAT is your response Sir Stephenson?!? That is your interpretation of your department’s legal remit? WHY? Are you counting on “my not having long to live”?" (My Diary 15 Jun 09 death threat)
The next correspondence was a letter from Crispin Lee, Detective Inspector, Directorate of Professional Standards, Prevention and Organisational Learning Command, Putney Bridge - dated 21 January 2010 - posted two weeks later, (2nd class), on 4 February 2010 = on the day that my 2 February 2010 letter was delivered to (among others) Sir Paul Stephenson's Office. Of course, DI Lee does NOT refer to my letter - mentioning only my 2 December 2009 letter to Sir Paul Stephenson and Alan Johnson.
I replied to DI Lee on 18 February 2010, taking each point of his letter in turn (preceding this by asking what his objective was in posting his 21 January letter to me on 4 February):
"in connection to the complaint [I] made on 2 December 2009” - To avoid any confusion, I captured an integral copy of my 2 December 2009 letter (copy). I also relate "what I have complained of in my 2 February 2010 letter to Sir Paul, as your letter to me was posted on 4 February 2010"
“I have reviewed the issues you raise and I have decided to apply to the Independent Complaints Commission (IPCC) to dispense with your complaint" - to which I replied "Yes, it is abundantly clear that you want to ‘get rid’ of my complaint"
"This is because I consider that you made your complaint more than 12 months after the alleged misconduct without good reason;...” - I point out that (1) "as evidenced by the above, your assessment is incorrect"`; (2) "It is fascinating to contrast your response with that of 20 November 2009 from Steve McSorley – also of ‘Professional Standards’ (above) – who, as captured above, has not raised any ‘difficulty’ in arriving at his assessment" ; (3) I quote DI Lee's role, and state "No wonder many in the police behave as they do – starting with some individuals in Kensington & Chelsea police" (See IPCC, below, for my comments)
"...that your complaint has been made only because you have been unable to obtain the result that you desire through the Public Access Office..." - My reply "Ditto re. my comment about your role"
"...and that given the time elapsed it is impracticable to investigate the issues about which you are complaining” - to which I replied:...
... "1. Where, in the Data Protection Act 1998, does it specify a time limit for a data subject to seek – and obtain – an end to the processing of data that is false, unlawful, misleading, scurrilous, libellous, biased, corrupted, incomplete in some very significant aspects – as well as obtain correction of the data to ensure that it is “fair, lawful and accurate”?
2. Ditto re. Steve McSorley’s 20 November 2009 assessment.
3. What a great message to criminals: ‘Make sure you don’t get caught in the 12 months following your crime. Then, you’ll have nothing to fear, as the police won’t pursue you’.
4. “impracticable” = ‘not in the interest of the officers concerned’ – as, based on the overwhelming ‘black on white’ evidence, they can rightfully be accused of corruption"
Under point 5, I reminded Lee that, with my 13 August 2009 reply, I also supplied a bundle of 49 supporting documents.
In my - NON-LAWYER - opinion I hold the view that:
The above actions / lack of action by DI Lee, DPS, amount to breaches of, among others:
Police (Conduct) Regulations 2008 - Reg.3 Code of Conduct
- Misuse and/or abuse of position and power - by failing to act on my legitimate complaint.
- Failure to act with integrity and/or impartiality and/or fairness - by failing to take note of the content of my requests for rectifications and/or deletions and/or additions and/or erasure of reports data, and of my supporting evidence (see below for list of documents) .
- In this context, acting maliciously towards me and/or demonstrating unlawful or unfair and/or unreasonable discrimination against me, entailing failure to respect my legislative rights.
- Failure to perform stated duties and responsibilities (see above extracts from police plan) - by failing to challenge and/or failing to take action against improper, unlawful conduct by KCP officers, including the local Head of Professional Standards.
- In the said actions and omissions, acting in a manner that discredits the police service in the eyes of the public.
My conclusion on what took place - and failed to take place: it was decided - and endorsed - at high level e.g the '21 January 2010' letter - posted 2 weeks later - on the day my 2 February 2010 letter was delivered to the Met Commissioner's office. |
'Independent' Police Complaints Commission (IPCC)
In reading the following, bear in mind how the IPCC defines its role and duties in its 'Statutory Guidance to the police service and police authorities on the handling of complaints' (NB: In this sub-section on the IPCC, quotes from this Guidance are identified by '#X, pgY')
#464, pg122- "Under the Police Reform Act 2002 the IPCC has a duty...to ensure the accessibility of the complaints system" (2002 Act: s.12(6))
#579, pg143- “The IPCC has a statutory duty to create and maintain public confidence in the police complaints system, a duty which is the basis of its ‘guardianship’ role” (2002 Act: s.10(1)(d))
pg12, Introduction- “…the IPCC’s statutory guidance is a key tool through which the IPCC is able to deliver on that duty...”
#253, pg75- “The public expects an effective complaints system (2002 Act: s.10(1)(c)) to hold to account those justifiably complained against (and by implication their employing organisation) for the way in which they deal with the public”
s.10 of the Police Reform Act 2002 defines the IPCC's "functions and duties". s.9(5) states that "The Commission shall not- (a) be regarded as the servant or agent of the Crown" (i.e. it must operate independently of affected police officers (or others within its jurisdiction), police forces, police authorities, the Secretary of State, and other interested parties), while s.11 states that it must "report to the Secretary of State on the carrying out of its functions on a yearly basis"
The IPCC statutory powers are comprised under s.22 of the Act - giving it the power to "issue guidance" . s.22(7) states: “It shall be the duty of every person to whom any guidance under this section is issued to have regard to that guidance in exercising or performing the powers and duties to which the guidance relates”
The investigation and presentation of police complaints or conduct matters are governed by statute and, more directly, by Regulations - in particular, the Police (Conduct) Regulations 2008 and the near-identical provisions in Sch.3 to the 2002 Act. They are therefore regulatory proceedings.
It follows that those responsible for their investigation and presentation are not at liberty to ignore them and the associated Home Office Guidance on Police Officer Misconduct and Unsatisfactory Performance Procedures. The Guidance is, likewise, statutory in its origin.
The IPCC is a 'public authority'. Consequently, under the Human Rights Act 1998, it is subject to s.6(2) "unlawful for it to act in a way that is incompatible with a European Convention Right" |
(Continuation of my 18 February 2009 reply to DI Lee, Directorate of Professional Standards) "The IPCC will consider my request and inform you if they have granted a dispensation or whether we are required to deal with your complaint” - In my reply I asked whether DI Lee was (1) "expecting the IPCC to exempt Kensington & Chelsea police from compliance with the Data Protection Act 1998?" ; (2) "expecting the IPCC to turn a blind eye to what I report?"
I also wrote "I hope that Nick Hardwick, Chairman of the IPCC will be true to his words, reported in The Independent article of 13 February 2010, “Root out corrupt officers, police told” :
“The [Dizaei case] (point # 9, below) is a wake-up call, let’s not wait, let’s not go through this cycle again. We need a consistent and determined effort from the top, from the police leaders. There has to be a consistent message that this [corruption] is not acceptable”
“… “There are some people who say this is a very uncomfortable message. They do not want to look too hard [for corruption] and they do not want to hear this. But Dizaei teaches us that if we do not deal with it now, then in the end, it will just get worse. No one is talking about witch-hunt, we just need to be really consistent about this…”
“…By its nature you do not know how much corruption is there. But it is always there. We just do not know how much is beneath the water”…
…as what I am reporting is evidence of corruption by various individuals at Kensington & Chelsea police"
“Until that decision is made no further action will be taken with your complaint” - to which I replied "The more accurate statement in the case of your Office for ‘Professional Standards’ is, like that of your counterpart at Kensington police: “We will continue to NOT take any action”
I stated that I was copying my letter to the IPCC - covering letter of 18 February 2010 (as can be seen from the last 2 pages: (1) I posted the letter, 'Special Delivery', on 19th Feb; (2) the Royal Mail tracking system confirmed delivery on 22nd Feb)
#15, pg18- "A complaint under the Police Reform Act (*) includes an expression of public dissatisfaction with the service provided or with the way the person perceives he or she has been treated by an individual…”
(*) s.12(1) of the Police Reform Act 2002 |
As I anticipated from DI Crispin Lee's letter of '21 Jan 10' (i.e. 4 Feb 10) (as well as from my very extensive first-hand experience of complaining, including to the police in 2002) - and in spite of the statutory definition of 'a complaint' - the IPCC blindly colluded with Kensington police. Indeed:
(1) in 'his' 22 February 2010 letter to me, 'the IPCC Casework Manager, Matthew Johnson', wrote:
"I am writing about the complaint you made on 7th December about officers of the Metropolitan Police Service"
"By law, the police have to investigate or locally resolve every complaint they record. (NB: Police Reform Act 2002). However, if by the time the complaint is made, more than 12 months have passed... the police force may ask us to agree that they dispense with the complaint. If the complaint is dispensed with then they do not need to carry out any further investigation.
"The incidents you are complaining of appear to have occurred in 2002, 2003 and 2007 and therefore the Metropolitan Police Service has applied to us for a dispensation"
"If you would like this investigation to continue, you must write to me within seven days of this letter providing good reasons for the delay in making your complaint"
"If we (NB: The TRUE "we"? = the police) do not hear from you, we may grant the request and your complaint will not be investigated further.
"If you do provide a sound explanation for the delay I should make you aware that I am also considering the dispensation on the grounds of 'abuse of process' (that the complaints procedure does not exist in order for crime reports to be amended - there being another, more appropriate, remedy in the form of the Information Commissioner), and 'not reasonably practicable to investigate, (the length of time that has passed since the incidents occurred brings the practicality and value of any investigation into question)"
(2) #194, pg6-"The application for dispensation must include: …copies of any other documents [in addition to the complaint] in the possession of the appropriate authority which is relevant to the complaint” |
It follows (doesn't it? :-) ) that DI Crispin Lee, DPS, will have supplied the IPCC caseworker with:
- (4) The (38-page) follow-on letter of 20 Sep 09 I was forced to write to the PAO as a result its ‘Get lost!’, and in which, on pages 3-7, I included extracts from the DPA 1998 (above)
- (5) My 20 Sep 09 letter to Chief Superintendent Mark Heath, Borough Commander, headed “Kensington & Chelsea police is not exempt from compliance with the requirements of the Data Protection Act 1998", and in which I list 14 questions relating to the three “crime reports” - and with which I copied him on my 13 Aug 09 and 20 Sep 09 letters to the PAO, as well as its 25 Aug 09 'reply' (above)
- (6) The 22 Sep 09 letter from Steve McSorley, A/ Chief Inspector - who, I discovered, heads ‘Professional Standards & Performance' at Kensington police, and concurrently 'complaints and misconduct matters' – telling me to “contact the Information Commissioner if [I am] dissatisfied with [the] response from [the Public Access Office]" (above)
- (7) My 8 Oct 09 letter to McSorley challenging him on his reply in light of his role (above)
- (8) My 8 Oct 09 letter to Heath, headed “Do you endorse the treatment I have and continue to be subjected to by Kensington & Chelsea police?” In this letter, I also ask "I would also like to know why, since 2002, I have been treated as I have by K&C police", and follow this by quoting extracts from the Equality and Human Rights Commission website”. I supported this letter with: (1) the 22 Sep 09 letter from McSorley; (2) my 8 Oct 09 reply; (3) my 20 Sep 09 letter to Heath (above)
- (9) My chaser letters of 11 Nov 09 to Heath and to McSorley as, one month later, they had not replied to my correspondence (above)
- (10) The 17 Nov 09 reply from Sergeant Dave Jones, Staff Officer, on behalf of Heath that he asked McSorley to reply (above)
- (11) The 20 Nov 09 letter from McSorley denying all my claims, as well as refusing to meet my demands (above)
- (12) My 2 Dec 09 letter to the Met Commissioner, Sir Paul Stephenson, and Alan Johnson, then Home Secretary, in which I reproduced McSorley’s letter of 20 Nov 09 (on which I copied them), and, in relation to his excuse “I am satisfied that this represents an accurate account of what police were told at the time…Consequently I… will not be making any alterations to the various crime reports…” state: "What a very damning indictment!" and quote key obligations imposed on data controllers by the DPA 1998. I follow this by listing conclusions to be drawn about Mark Heath in light of his refusal to address my demands (above, including the conclusions)
- (13) The 8 Dec 09 letter from Hema Patel, DPS, posted eight days later, enclosing a one page copy of a leaflet “What happens next?” and asking me for my telephone number (above)
- (14) My (above) 2 Feb 10 letter to Stephenson and Johnson headed “When am I due to be killed?” – referring to the 15 Jun 09 death threat, as there was no follow-up from DPS to my 28 Dec 09 letter (above) and, likewise, no follow-up to the content of my correspondence since my initial letter of 28 Nov 09 to both of them (above) - which I concluded with “ensuring that police records are amended to reflect my feedback, and my outstanding questions answered”
- (15) The ’21 Jan 10’ letter from DI Crispin Lee, DPS, posted two weeks later, on 4 Feb 10 i.e. on the day that my 2 Feb 10 letter was delivered to Stephenson, Johnson et.al. (above)
Note also that in my 18 Feb 10 letter to Crispin Lee - on which I copied the IPCC - I captured many of the above events, and reproduced most of my 2 Dec 09 letter to Paul Stephenson and Alan Johnson. Under point 5, to Lee’s claim that my complaint was “more than 12 months after the alleged misconduct”, I replied: “As evidenced by the above, your assessment is incorrect”
Contrary to what 'the caseworker' states "The incidents you are complaining of appear to have occurred in 2002, 2003 and 2007" - it is crystal clear from my above correspondence that the KEY ISSUE is the fact that Kensington police is breaching the DPA 1998 statutory requirements– by (in addition to capturing the data in the first place), refusing to amend / destroy materially false, inaccurate, inadequate, misleading, libellous data it is processing about me on the police systems. Consequently data that is highly prejudicial to my rights and legitimate interests - and therefore unlawful.
Hence, it is abundantly clear from the date of the above events that my complaint is MOST DEFINITELY NOT “OUT OF TIME”. (The 12-month deadline ‘the caseworker, Matthew Johnson ’ is regurgitating from Crispin Lee, DPS (et.al.), comes from Reg.3(2)(a) of the Police (Complaints and Misconduct) Regulations 2004)
Furthermore, the time scale is ONGOING as the processing of UNLAWFUL data about me on the police systems is STILL current and will remain current UNTIL my demands are met – or I reach the age of 100 years old (set by ACPO)
OBVIOUSLY (and in light of my very extensive first-hand experience with the public sector), in order to support my demands, I MUST refer to the events that took place in 2002, 2003 and 2007 - as well as provide supporting evidence (my 101 page bundle of 49 documents (above)). But, of course, Kensington, Chelsea and Notting Hill police, their ACPO supporters and helpers, et.al.and their 'Most Revered Lord and Master Andrew Ladsky' want to bury them - and, in the process, take revenge for my 'daring' to not be intimidated by them (in spite of my profile), including by their persecution and harassment tactics.
What they don’t like is my overwhelming ‘black on white’ evidence in support of my demands - against them and their 'Most Revered Lord and Master Andrew Ladsky'. In addition, their revenge and retribution plan includes using the unlawful data against me to 'put me out of action' (see above, breach of my Article 8 Right) WHY didn't they destroy the reports as I asked? (Had they done so, NONE of the follow-on events would have taken place).
(NB: Note that #131, pg48 states “There is no cut-off for recording a conduct matter arising from a civil claim i.e. where the events took place some years previously” = forces complainants to issue proceedings. No problem! The State has plenty of money to fight the 'daring' "Great Unwashed / the Oiks": taxpayer money - which includes mine - and it offers the potential to put the 'daring' "Great Unwashed / the Oiks" through more of the 'mincing machine')
My meeting this requirement is abundantly clear from the above documents - added to the fact that I have been forced to engage in this soul-destroying battle since August 2009.
As I have kept on labouring in my correspondence, the numerous contraventions of the DPA 1998 by Kensington police amount to highly material prejudices of my rights and legitimate interests – and are a source of – totally unwarranted – great distress and potentially great damage – given (as detailed in e.g. my 2 Jun 10 s.10 Notice to Mark Heath) (below):
- The processor of the data
- The very substantial risk of, yet, further contraventions of my rights, as well as further substantial damage (DPA s.14 (4)(b)) through reprocessing of the data - as happened in 2007 when false, unlawful, sensitive personal data from the 2003 “crime report” was recycled in support of equally false, unlawful accusations.
- The fact that the Association of Chief Police Officers (ACPO) recommends that the information about an individual is retained “until the individual reaches 100 years of age”. It also means that my personal data will be processed by a multitude of individuals (As I wrote (i) on pg.2 of my 20 Sep 09 reply to the PAO; (ii) pg.5 of my 28 Nov 09 letter to Paul Stephenson and Alan Johnson.
To this I add the obvious collusion with Andrew Ladsky that has been ongoing since 2002 (more recently repeated in October 2010) conveying the very clear message that, (among others), the police perceives itself to be at his service – to the complete exclusion of mine.
In 'his' 22 February 2010 letter (quoted above), 'the caseworker, Matthew Johnson', states:
If you do provide a sound explanation... I am also considering the dispensation on the grounds of abuse of process (that the complaints procedure does not exist in order for crime reports to be amended...) and 'not reasonably practicable to investigate' (the length of time that has passed since the incidents occurred brings the practicality and value of any investigation into question"
#180, pg57-"An abuse of the complaints system will occur where there has been manipulation or misuse in order to initiate or progress a complaint which, in all circumstances of the particular case, should not have been made or should not be allowed to continue…
...Each case must however be judged on its merits and no overall rule for these circumstances should be applied" (NB: !!!) |
Visitor to the site who is fair minded, reasonable and honest: considering all that is covered above: does it look to you as though my complaint fits the above definition?
Consider also the following:
#8, p16- “All complaints concerning the police should be properly and professionally handled”
#253, pg75- “The public expects an effective complaints system to hold to account those justifiably complained against (and by implication their employing organisation) for the way in which they deal with the public”
B7, pg173– “Each complaint, conduct…should be assessed in light of its facts and the law that applies to it”
#17, pg18- “Conduct means actions and decisions or omissions to act or decide. May occur through breach of published code or policy; Human Rights Act 1998”. (NB: To which I add: or breach of other statutes (see summary; detail for 2002, 2003 and 2007)
#298, pg83- “An investigation into a conduct matter must focus on establishing whether there is a case to answer in respect of misconduct or gross misconduct” #44, pg28- “Definition of a recordable conduct matter– involves a criminal offence or behaviour liable to result in disciplinary sanction that was aggravated by discriminatory behaviour”
As "police officers must report any behaviour that departs from the Standards of Professional Behaviour" (para.178 of the Home Office Guidance, and #18, pg175): #42, p27- “A conduct matter for the purposes of the Police Reform Act arises in any circumstances where there has not (NB: !!!) been a complaint, but where those circumstances indicate that an officer or member of police staff may have either committed a criminal offences or behaved in a way that would justify the bringing of disciplinary proceedings”
#433, pg113 (and A6, p151)- “A complaint should be upheld where the findings show that the service provided by or through the conduct of those serving with the police did not reach the standard a reasonable person could expect. Any facts on which the judgment to uphold the complaint is based must be proven on the balance of probabilities”
#434, p114 (and A6, pg151)- “In deciding what standard of service a person could reasonably expect, the investigator, IPCC and appropriate authority should apply an objective standard of a reasonable person in possession of the available facts. They should have regard to the Standards of Professional Behaviour, any agreed service standards and any national guidance that applies to the matter” #454, p120 – “The Home Office has issued detailed guidance on dealing with misconduct and unsatisfactory performance by police officers” (see above)
Annex A, pg164- ‘Definitions of allegation categories and link to Standards of Professional Behaviour’ (Bear in mind also the Home Office Guidance) (which the IPCC highlights under #454, pg120)
(NB: In the context of EACH of the following 'Definitions', I give e.g. my 2 Jun 10 s.10 Notice to Chief Superintendent Mark Heath - entirely based on the above list of documents):
|
Allegation |
Definition |
Standard/s of Professional Behaviour |
F |
Discriminatory behaviour |
“…Discriminatory behaviour should be thought of in terms of treating people differently without justification through prejudice or unfair treatment of one person…Discrimination may be committed on the grounds of race…gender…” (NB: As I also pointed out on 16 Oct 10; 17 Oct 10)
(The lengthy Annex B, pg172- is devoted to 'Dealing with allegations of discriminatory behaviour' for which, under #345, pg94, the IPCC states that it "expects investigators...to have regard to the contents of these guidelines and to apply them where necessary" )
(B12, pg174- " …proven allegations where there is significant detriment or evidence of a repeated discriminatory attitude or behaviour require a more serious misconduct consideration”) (NB: Evidently: not in the case of K&C police)
(B75, pg 186- "The IPCC guidance mirrors the definition set out in the Association of Chief Police Officers (ACPO) Hate Crime Manual for the recording of a hate incident or crime. Any incident which may or many not constitute a criminal offence, which is perceived by the victim or any other person, as being motivated by prejudice or hate”) (NB: See above, my profile; evidently, KCN police is also exempt from compliance - see e.g. 2007)
(B25, pg177 – “The Crown Prosecution Service (CPS) produces specific guidance on the prosecution of hate crime…The CPS guidance currently covers racist…crime”) (NB: And yet another one from which KCN police is evidently exempt from compliance - see 2007)
(B46, pg181- "…As a general rule, the law currently requires that, with regard to these strands, a service must not exclude, or offer less favourable treatment”)
|
Equality and diversity |
G |
Irregularity in relation to evidence /perjury |
“This includes…allegations of falsehood” (NB: The 2002, 2003 and 2007 "crime reports" are littered with "falsehoods") |
Honesty and integrity |
H |
Corruption or malpractice |
“…Corruption is the abuse of a role or position held, for personal gain or gain for others…” (NB: my overall assessment of KCN police; for 2002, 2003 and 2007)
(#211, pg65- “any attempt to pervert the course of justice; corrupt controller, handler or information relationships; attempts or conspiracies to do any of the above”) (NB: See above correspondence with e.g. (1) the police Public Access Office; (2) Steve McSorley of 'Professional Standards'. Yet again: evidently not perceived to apply to K&C police)
(#213, pg65- “Where necessary, referrals in relation to serious corruption should be made in line with the referral of corruption investigations protocol between the IPCC and ACPO” (NB: Another requirement which is evidently not perceived to apply to KCN police... due to 'another part' of an implicit ‘Memorandum of Understanding’??)
(#203, pg63- "Serious corruption (*) is criminal offence or behaviour which is liable to lead to a disciplinary sanction and which, in either case, is aggravated by discriminatory behaviour") (NB: Ditto)
(*) Regs 2(a)(iii) and 2(a)(iv) respectively of the Police (Complaints and Misconduct) Regulations 2004
(NB: So much for the claims by the IPCC Chair, Nick Harding, in The Indy article of 13 Feb 10, “Root out corrupt officers, police told” : There has to be a consistent message that this [corruption] is not acceptable” - above) |
Honesty and integrity |
Q |
Lack of fairness and impartiality |
“An example of this would be a failure to treat all parties equally where there are allegations and counter-allegations…” (NB: e.g. as I also pointed out on 16 Oct 10; 17 Oct 10 to K&C police) |
Equality and diversity |
S |
Other neglect or failure in duty |
“This includes allegations with regard to a lack of conscientiousness and diligence concerning the performance of duties. This may include failure to record or investigate matters…” (NB: See above correspondence with e.g. (1) the police Public Access Office; (2) Steve McSorley of 'Professional Standards'. Hence: ditto about KCN police being evidently exempt) |
Duties and responsibilities; Orders and instructions
|
T |
Other irregularity in procedure |
“…misleading a member of the public in order to achieve a course of action” (NB: as per above) |
Orders and instructions; Duties and responsibilities |
X |
Improper access and /or disclosure of information |
“This concerns allegations relating to improper disclosure or use of information held for police purposes. This includes misuse of police computer systems..." (NB: Further evidence to that provided in my above documents: 17 Oct 10) |
Orders and instructions; Confidentiality |
|
Furthermore, note also:
#164, pg65-"Recordable conduct matters cannot be considered for dispensation”
#44, pg28-"A recordable conduct matter involves a criminal offence or behaviour liable to result in disciplinary sanction that was aggravated by discriminatory behaviour” (NB: see above)
(#46, pg28- also states that “…recordable conduct matter can come through the expectation that officers and police staff subject to their Standards of Professional Behaviour will report and challenge improper behaviour” ) |
Precisely one week after 'his' 22 February 2010 letter (that was withheld) - as I expected, in 'his' near carbon copy 2 March 2010 letter, 'Matthew Johnson, IPCC Casework Manager wrote':
 |
"The IPCC has considered (NB: !!!) the application and your letter of 18th February 2010. Based on the information and evidence provided we (NB: The TRUE "we"? = the police) have agreed that it would not be appropriate to investigate because you have not provided a good reason for the delay between the incident and the making of the complaint and investigating your complaint now would likely cause an injustice"
('He' is quoting from Reg.3(2)(a) of the Police (Complaints and Misconduct) Regulations 2004) |
- "...you have not provided a good reason for the delay..." As I asked under pt 7 of my 18 Feb 10 to DI Lee, DPS (on which I copied the IPCC) " Where, in the Data Protection Act 1998, does it specify a time limit for a data subject to seek – and obtain – an end to the processing of data that is false, unlawful, misleading, scurrilous, libellous, biased, corrupted, incomplete in some very significant aspects – as well as obtain correction of the data to ensure that it is “fair, lawful and accurate”?"
- (See, below, extracts from s.10(1)(3) of the DPA- that "an individual is entitled at any time to ask a data controller to correct / destroy data") = Reg.3(2)(a) IS IRRELEVANT.
- "...investigating your complaint now would likely cause an injustice...". Exerting my rights "causes injustice"!!!!!
(NB: (Aside from, very clearly, not giving a damn about the IPCC's statutory duty and its 'Statutory Guidance' (continuation of extracts, above), as well as having no sense of the ridicule): who, since 2002, HAS - AND CONTINUES - to "cause injustice" to whom? Answer: see above)
(NB: Message to criminals not protected by 'the Brotherhood': Please note! (If you are protected by 'the Brotherhood' then, as evidenced by my case, you can commit crimes right under the nose of the police (point # 3) / with its assistance (points # 1 , # 2 , # 3; October 2010)) So much for the claims by the IPCC Chair, Nick Harding (above), and the claim made in the House of Commons on 10 Dec 09 - below)
"...The IPCC also considers that your complaint is an abuse of the complaints procedure because the misconduct complaints system does not exist in order for changes to be made to old crime reports"
(1) Re. "Abuse of complaints procedure": see above the IPCC Statutory Guidance definition
(2) Re. "old crime reports" - see above the ACPO-imposed retention policy, as well as e.g. Sergeant Avison on 17 Oct 10: “We have to keep information in case you commit an offence and end-up in court”
IT IS ABSOLUTELY UNDENIABLE - IN MY NON-LAWYER OPINION - THAT THE IPCC HAS TOTALLY FAILED TO PERFORM ITS STATUTORY DUTY...
...AND THAT, IN THE PROCESS, IT HAS COLLUDED WITH KENSINGTON POLICE ET.AL. - WHICH, (IN TANDEM WITH THE DIRECTORATE OF PROFESSIONAL STANDARDS, MET COMMISSIONER AND HOME SECRETARY), IT VERY CLEARLY PERCEIVES AS BEING ABOVE THE LAW OF THE LAND - when it concerns 'somebody like me': a 'piece of dirt' there to be used and abused at will by their 'protégé', Andrew Ladsky.
FURTHER PROOF OF THIS:
'The caseworker, Matthew Johnson' wrote 'his' first letter on 22 February 2010 (above) - THE DAY ON WHICH MY LETTER WAS DELIVERED TO THE IPCC (as evidenced by the proof of delivery attached to my 18 February 2010 letter to the IPCC)
As to 'his' nerve of bullying me by dictatorially stating "If you would like this investigation to continue, you must write to me within seven days of this letter..." - steps were taken to ensure that I did NOT take delivery of the letter within the timescale for reply (at my PO Box, or at the sorting office).
Indeed, the letter was posted 1st class on Tuesday 23 Feb 10 (envelop). This letter was NOT at my PO Box when I went to collect my post on Sunday 28 Feb. (My Diary 2009 Intro-Post)
I did not bother to respond past the deadline - as the collusion was glaringly obvious (bearing in mind, as well, what had taken place since my initial reply of 13 August 2009 following receiving the "crime reports" in July 2009). From my very extensive first-hand experience of complaining to English public authorities and other institutions, including to the police in 2002, I KNEW that the 22 February 2010 letter was just preparatory ground for reiterating its content in 'the next instalment'. I HAD GUESSED CORRECTLY!
(NB: At the time, I had not carried out the very extensive desk research necessary for me to identify the police-related legislation that is now incorporated on this page. That's what they rely on: your not having the knowledge to challenge them). |
'The IPCC Casework Manager' continues - in 'his' 2 March 2010 letter:
"An application to the Information Commissioner might be (NB: "might be" = Warning bell!) a more appropriate way to address this issue,..."
Followed by another 'warning bell': "...if there is any way to address it"
(= We sure as hell are going to have fun with you!)
(Note that e.g.s.30 of the Police Reform Act 2002 has added, to s.9E of the Police Act 1996, 'Removal of Commissioner or Deputy Commissioner', "resigning" to the option of "retiring" ("in the interests of efficiency or effectiveness") (and related s.33) = as in other parts of the public sector: NO sacking! )
...e.g. HMCS 'Customer Service' ; Legal Services Ombudsman ; Local Government Ombudsman - as well as the professions e.g. Law Society ; Bar Council ; Royal Institution of Chartered Surveyors, etc - i.e. above visual
The mantra is: Let's have fun; put the complainant back on the treadmill; wear the bastards down; how 'dare' they complain against our tribe? Or, standard option 2: go into 'silent mode' when there is not another treadmill option in the 'toolkit' e.g. Parliamentary and Health Service Ombudsman
#52, pg30- “From research, barriers to people making complaints: not worth making a complaint because they believed there would be little potential for a positive outcome”
(NB: YEP! Proven - yet again! Hence: NO CHANGE relative to the IPCC's pre-1 April 2004 predecessor, the Police Complaints Authority)
(NB: It seems that 'the change' was made following the European Court of Human Rights ruling In Khan v United Kingdom (2001) 31 EHRR 45 (paras 46-71) that the Police Complaints Authority did not have the requisite degree of independence when investigating allegation of police malpractice, in particular because its members were appointed by and acted under the guidance of the Home Secretary).
#255, pg75- "The IPCC believes that making the police complaints system as open and transparent as possible will encourage the public to have confidence that complaints will be handled fairly and misconduct or unsatisfactory performance dealt with effectively”
(NB: Contrast that with the way 'the IPCC' 'dealt' with my complaint. It is abundantly clear from the above that the "we" is the police which dictated the IPCC's 'replies' - and, among others, took steps to ensure that I would miss the deadline for reply (above) (See also below point # 9.2 for other evidence about the police).
And the IPCC positions itself (no reference to this under statute) as the "the guardian of the police complaints system" Yes: guarding it so that police officers are exempted from ANY disciplinary actions following a complaint from a member of the public. (Police (Conduct) Regulations 2008: Reg.5- 'Application ; Reg.12- 'Assessment of conduct' ; Reg.13- 'Appointment of investigators' ; Reg.14- 'Investigation' ; Reg.19- 'Referral of case to misconduct proceedings' ; Reg.35- 'Outcome of misconduct proceedings' ; Reg.37- Record of misconduct proceedings) (and supporting Home Office Guidance: Introduction, and chapters 1 and 2)
#113, pg45- “Where a complaint is made about the head of a professional standards department, the handling of the complaint within that person’s...department may give rise to public concern that the complaint will not be dealt with impartially. To avoid this perception, any person appointed to investigate... should therefore be an ACPO rank officer (or equivalent police grade) from outside the professional standards department” (NB: As ACPO has done in my case??? - considering the 'handling' of my complaint, including by the IPCC...while ALL consulted the implicit 'Memorandum of Understanding'???) |
So much for:
- (1) The claims by the IPCC Chair, Nick Harding, in The Independent article of 13 Feb 10, “Root out corrupt officers, police told” : There has to be a consistent message that this [corruption] is not acceptable” (above)
- (2) The claims in Alan Johnson's 'Policing Pledge', and for the 'Community Service Unit' (above)
- (3) The claim by Sir Paul Stephenson (above), and his comments, also to the media, in 2010, in the context of the case of Mr Munir Hussain who tackled intruders in his home: "People who put themselves in danger to tackle criminals should be celebrated as heroes... they make our society worthwhile"
=ALL in the same class as the claims by e.g. Gordon Brown.
And there clearly has been NO change at the IPCC since 2008 - in spite of the departure of 100+ lawyers :
"Crisis at police watchdog as lawyers resign", (The Guardian, 25 Feb 08) "More than 100 quit over claims of delay and poor decisions by IPCC...In a letter to Nick Hardwick, the IPCC's chairman, the lawyers' leaders expressed "increasing dismay and disillusionment" at what they described as "the consistently poor quality of decision-making at all levels of the IPCC". They said the IPCC's response to their earlier attempts to deal with problems had been "pitifully poor...
... A failure to provide effective oversight for the work of the police investigators who still handle most complaints; a pattern of favouritism towards the police with some complaints being rejected in spite of apparently powerful evidence in their support...they presented Hardwick with a dossier warning that, with few exceptions, "mediocrity appears to flourish unchecked, unmarked and, in many instances, unacknowledged"
In the Guardian's next article, the lawyers are quoted as saying they "had no option. In their resignation letter, they wrote: "The concern for us is that we risk doing a disservice to the complaints system, complainants and our members if we allowed ourselves to remain complicit in a process that is clearly not working".
"The IPCC: a catalogue of delays, rejections and basic failures", (The Guardian, 25 Feb 08) "Murphy, however, discovered that the IPCC had come to this conclusion by referring to a review of the case which had been prepared by the Metropolitan police, which was on the receiving end of the complaint...A Guardian review of dozens of case histories found... failing to order proper inquiries; accepting police evidence without challenge... There have been problems, too, with the IPCC's own investigators, many of whom are former police officers and Customs officers or serving officers on secondment (*)"
(*) Note that under Schedule 2 of the Police Reform Act 2002, under point 6 "Staff" - the Commission i.e. IPCC, is allowed to employ members of police forces on a secondment basis (equivalent to putting the wolves in charge of the henhouse).
In the article Nick Harding is quoted as saying that "it was true that casework managers generally were not legally qualified but insisted this was not essential for their work. "We are looking at an accredited training programme for them". Yeah, right in the same way that - considering 'the IPCC decision' in my case - he is "ensuring that corrupt police officers are rooted out"
Contrast that with what the IPCC wrote - the following year - in its 31 Mar 09 report to the House of Commons Public Accounts Committee "The IPCC has no formal quality framework in place" (Note that the IPCC was set-up, FIVE years previously, in April 2004 - as stated on pg 3 of the report)
As suggested by the case of a woman who alleged that her ex-husband, a judge, abused a child - to get the IPCC to investigate the reported cover-up by the police, required going to the High Court to get an order for judicial review.
A conclusion to be drawn from this (supported by my experience and that of others) is that the State STILL does NOT provide an effective remedy to individuals who are victims of police misconduct and / or misfeasance - thereby breaching its obligations under Article 13 of the European Convention on Human Rights.
.The 'IPCC decision' in my case is typical of the decisions 'by' the 'Independent' Police Complaints Commission (e.g. My Diary 13 Apr 08)...
... - .an assertion that Alan Johnson, then Home Secretary, with the IPCC under his Ministry (see http://www.homeoffice.gov.uk/contact-us.html) CANNOT challenge - as NO STATISTICS are compiled on the work of the 400 strong IPCC - in spite of the fact that it was set-up in 2004 e.g. excerpts from Hansard, for matters raised in Parliament on 10 December 2009 - Column 565W:
"Mr Amess: To ask the Secretary of State for the Home Department (1) if he will bring forward proposals to require the Independent Police Complaints Commission to inform his Department of the number of recommendations made by the Commission which have been (a) rejected and (b) implemented by the police force to which they are addressed..."
"Mr Hanson: One of the functions of the police complaints system is to ensure that lessons are learned so that the service the public receives can be improved. The recommendations made by the IPCC are an important element in that improvement process" (NB: Contrast that with the above and the view of the 100+ lawyers who quit the IPCC)...
"...The Home Office is considering with the IPCC, Her Majesty's Inspectorate of Constabulary, Association of Police Authorities and the Association of Chief Police Officers (point # 9.2, below) the implementation of a suitable level for monitoring the implementation of IPCC recommendations, both at national and local level. We aim to have arrangements in place by spring 2010.
"The specific information sought by the hon. Member is not collected by the Home Office"
AND - IN SPITE of the fact that, nine months previously, in March 2009, Parliament's Public Accounts Committee "criticised the IPCC for being unable to show if it is working effectively" (point # 9.2, below)
HOW EXTREMELY 'CONVENIENT' FOR THE POLICE THAT NO STATISTICS ARE COMPILED! Questions about the IPCC have also been raised in the media for some time e.g. in addition to the Guardian (articles above) The Daily Mail article of 5 Oct 08, "Retrain the watchdog" - "The police killing of barrister Mark Saunders continues to raise disturbing questions....The police watchdog seems to devote an increasing amount of its time to obstructing legitimate inquiries and slapping whitewash over controversy. Sir Ian Blair's departure from Scotland Yard offers the chance to conduct a much- needed review of the IPCC's remit and effectiveness"
In light of my experience with the police, added to my experience with the Royal Institution of Chartered Surveyors (RICS), I laughed when I saw The Times article of 19 Mar 09, "Property fraud: now the Metropolitan Police get in on the act" "Last week the Metropolitan Police announced the launch of its property industry counter-fraud forum — PFAST (Property Forum Acting for Safe Transactions — Property Fraud Forum) in conjunction with a number of partners including the Royal Institution of Chartered Surveyors (Rics)" The police "head of the economic and specialist crime command at the Met" is quoted as saying "...we will continue to work with our partners to strengthen the fight against economic crime". Is this going to be the same way they "fight" against the 'Rachman' criminal landlords and their aides, including members of the RICS = HELP THE CRIMINALS?...through 'memorandums of understanding'??? Considering my experience - including at the hands of the police - evidently, 'certain criminals' are 'untouchable' - and those who 'dare' to stand-up to them and the individuals who protect them are pariahs who must be persecuted until they are annihilated. (Home Page-Overview)
As Harriet Sergeant, guest contributor, wrote in her 28 Feb 10 article in The Sunday Times, headed "The state sector's big evil: it does not sack" (triggered in part by the death, through neglect, of up to 1,200 people at the Stafford Hospital - and subsequent events):
"However horrific is the offence, rarely is anyone brought to book, let alone sacked... those responsible for shocking treatment of the public remain untouched and even flourish...
...Making politicians look good too often has come at the expense of the public in their care"
Those who must also be sacked is the army of individuals who approve of / dictate this treatment of the public. (It would also save a massive amount of taxpayer money).
But, a bit of good news: See below, # 9.2
5.1 In 2010 (in addition to what took place in October 2010), Kensington police continued to wilfully discriminate against me by STILL ignoring my legislative rights - demonstrating its continued belief (evidently endorsed by the Met Commissioner and the IPCC) that it is above the law of the land - this time by failing to reply to my Section 10 Notice under the Data Protection Act 1998 - leading me to decide to issue proceedings. I sent a Pre-action letter on 17 March 2011 stating that if my demands were not met, I would issue proceedings. They were not met. I filed a claim on 19 April 2011.
I sent this 2 June 2010 Section 10 Notice under the Data Protection Act 1998, and supporting document, to Chief Superintendent Mark Heath, Kensington police. As per s.10(3) of the DPA, I gave M Heath 21 days to reply. Of course, in continuing breach of my legislative rights (points # 1 , # 2 , # 3 , # 5), the typically arrogant M Heath totally ignored my correspondence. (Police's belief of 'being above the law of the land' is commented upon by others -see point # 9.2, below). Aside from arrogance, etc. WHY do Heath - et.al. refuse to meet my demands? The obvious answer, confirmed by Sergeant Avison on 17 Oct 10 "We have to keep information in case you commit an offence and end-up in court" - an intention to use them against me at a later stage.
In my s.10 Notice, as well as on three previous occasions (my 13 August 2009 and 20 September 2009 letters, as well as my 28 November 2009 letter to Sir Paul Stephenson), I warned that if my demands were not, I would issue proceedings. I sent a 17 March 2011 pre-action letter, repeating my demands. They were not met. I issued the claim on 19 April 2011... which means that Kensington police et.al. are going to add to the £44m+ costs.
My unexpected 2 June 2010 s.10 Notice triggered retribution (see My Diary 13 Jul 10). I wonder what the 'mafia' is going to do to me now that I have filed the claim...maybe implement the 15 June 09 threat "Enjoy your life. You don't have long to live". (There you go boys: helping your game by including another reminder to the 'Great Unwashed' - that should have a "chilling effect")
In my - NON-LAWYER - opinion I hold the view that:
Under the Data Protection Act 1998 I HAVE AN ABSOLUTE RIGHT to prevent processing of data against me that is, to say the least, but using the term of the Act: under s.70(2) “inaccurate: incorrect or misleading as to any matter of fact”. As emphasised under s.4(4)- "…it shall be the duty of a data controller to comply with the data protection principles in relation to all personal data with respect to which he is the data controller” - which are the Principles set out under Parts I and II in Sch.1. And, in the context of the First Principle, must not contravene Sch.2 and Sch.3 of the Act.
Sixth Principle- Breach by failing to supply information pursuant to my questions in my 28 May 2009 Subject Access Request, and in my 13 August 2009 reply (repeated in my 20 September 2009 letter) in relation to the “crime reports”
I also highlight, among others, the following from the Act:
s.2- “Sensitive personal data” means personal data consisting of information as to (a) the racial or ethnic origin of the data subject, (e) his physical or mental health or condition, (g) the commission or alleged commission by him of any offence”
s.7(1)- "...an individual is entitled (b) to be given a description of (i) the personal data of which that individual is the data subject, (iii) the recipients or classes of recipients to whom they are or may be disclosed…”
s.10(1)(3)- (1) “…an individual is entitled at any time by notice in writing to a data controller to require the data controller…to cease…processing…any personal data... on the ground that, for specified reasons- (a) the processing of those data…is causing or is likely to cause substantial damage or substantial distress to him…, and (b) that damage or distress is or would be unwarranted" ; .(3) The data controller must reply within 21 days of receiving a notice". (NB:
Failure to do so amounts to a breach of the Sixth Principle as detailed under para.8(b) of Sch.1 of the Act)
The attitude of Chief Superintendent Mark Heath also amounts to breach of:
Human Rights Act 1998:
s.6(1)- "It is unlawful for a public authority to act in a way that is incompatible with a Convention right…"; s.6(6) "An act includes a failure to act"
- Article 3 - The prohibition of sustained degrading, humiliating treatment
- Article 6 - Right to a fair trial - as, in breach of paras (1) and (2) of the Article the 2003 and 2007 "criminal charges"`are being held against me - without being determined by a court of law
- Article 8 - Right to respect for private life i.e. without unlawful, malicious interference by the State
- combined with
- Article 14 - Prohibition of discrimination
- as the contravention of my Rights is motivated by blatant discrimination. The cause of this discrimination is because I 'dare' to stand-up and fight for my rights - in the process exposing Kensington, Chelsea and Notting Hill police, their protégé, Andrew Ladsky, and others in the 'Brotherhood' - combined with my profile.
Police (Conduct) Regulations 2008
- Failure to respond to my repeated requests for rectifications and/or deletions and/or additions and/or destruction of reports data – in spite of the legitimacy and legality of my requests, and my supplying comprehensive evidence in support of my demands.
- Failure to perform stated duties and responsibilities by failing to challenge and/or failing to take action against improper, unlawful conduct.
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(When I first wrote this section, I wrote for "committing - allegedly - criminal offences". Although not a lawyer, the evidence that has accumulated since leads me to conclude that I can now remove 'allegedly': see My Diary 22 Nov 08: threat of forfeiture and bankruptcy proceedings, as well as court claims = FRAUD TOOLS; examples of breach of statutes amounting to criminal offences)
In light of my first-hand experience with the police, when, in reply to my 20 December 2004 complaint against Lanny Silverstone and Ayesha Salim, Cawdery Kaye Fireman & Taylor (CKFT), the Law Society stated in its 8 February 2005 reply that my "alleged criminal offences should be reported to the police" - I saw no point doing this. I captured this in my 20 February 2005 letter to the Legal Services Ombudsman.
And I concluded the same thing when the Royal Institution of Chartered Surveyors took a similar line in its 1 March 2005 reply to my 2 February 2005 complaint against Barrie Martin, FRICS, and Joan Hathaway, MRICS, Martin Russell Jones (MRJ).
I was proven right
- They must have been laughing their head off as they wrote this, as they have implicit/explicit 'Memorandums of Understanding' with the police e.g. the Law Society (see below, Association of Chief Police Officers). As evidenced by my experience and that of others, the police (like other State parties) clearly, also has blatantly obvious explicit / implicit 'memorandums of understanding' with 'certain crooks'
- In August 2008, the RICS was of the view that "No doubt, Martin Russell Jones will also be taking similar legal action against you" (RICS # 12) i.e. follow the example of its 'regulator', the RICS which threatened me with defamation proceedings in an attempt to censor me (RICS # 11 , # 12).
This evidence, added to: (1) the standard 'GET LOST!' to ALL my complaints / 'cries for help' ; (2) the continuation of the breach of my statutory rights by the police and by the Home Office (My questions ; my Subject Access Request - point # 5 ; Breach of my Human Rights) ; (3) the confirmation from the police reports (points # 1 , # 2 , # 3) and 'responses' to my SAR - of the blatant collusion with Andrew Ladsky - lead to the very obvious conclusion that, had I filed a complaint with the police against CKFT and MRJ, the only thing that would have happened is that I would have been sent from pillar to post - until I eventually gave up (e.g. my experience with the Court Service in 2004, and in 2008 - WLCC from point # 18 )
Hence, as with the courts (e.g. LSO-Home # C): I am being denied my right of access to justice and redress.
At the end of the day: behind the gigantic trompe l'oeil, 'they' ALL close rank in their network of symbiotic relationships.
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(7) Additional food for thought ...
... It seems that if Andrew`Ladsky was 11 years old, I and the other residents 'might' have been able to get an ASBO (Anti-social behaviour order) placed on him. The attached Daily Mail article of 6 June 2005 reported such a case
"The order... prohibits... (the child) ...from harassment that would cause alarm."
At the time of launching the website, in 2006, I wrote: "Clearly, there is no point referring this question to the Home Office" - explaining that I copied the then Home Secretary, David Blunkett, Home Secretary, on a 17 August 2003 letter to various media (e.g. The Guardian ) - and received a 27 August 2003 reply that my letter had been "forwarded to John Prescott's Office for a suitable reply" = a 'Get lost!'.
It led me to ask whether John Prescott, then Head of Housing, had issued directives to the Home Office on how the police should 'handle' complaints by leaseholders against their landlord?
I stand up to what I stated in the introduction to this site.
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(8A) More of "the answer" in 2010: Continuation of the breach by the State of (among others) my Human Rights, as Kensington & Chelsea police continues to wilfully discriminate against me, as well as fail to protect me from the acts of private individuals - as, in spite of my SEVEN visits, it has REFUSED to record my complaints of harassment as crime reports, and therefore REFUSED to investigate them. This makes it the FOURTH TIME since 2002 that Kensington police has FAILED to - correctly - record offences against me as harassment and, concurrently, FAILED to take action - Summary - (NB: On EVERY visit I wore my T-shirt, throughout, over my coat)
Detail in My Diary 27 July 10 |
(9) Additional information on Kensington police - and reports on the police in general
9.1 Waste of Pounds 5-7 million (US$8.8-12.4 million) of taxpayer' money investigating one of its own
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In 2003 Kensington police was widely reported in the media as having spent Pounds 5-7 million (US$8.8-12.4 million) of taxpayers' money investigating one of its own. (NB: All the highlights in the extracts from the press articles are mine)
The net result of this massive expenditure was an admission that
"[the Officer under investigation] ...may even have been owed Pounds 400 (US$700) "
The following are extracts from two of the many press articles at the time (Both articles were long) |
The Times , 16 September 2003
"Police tried to destroy me, says cleared officer - A FOUR-YEAR corruption investigation into a top-ranking police officer collapsed yesterday, leaving taxpayers with a bill of up to Pounds 5 million (US$8.8 million) "
"Superintendent Ali Dizaei.was the focus of the biggest investigation of a policeman, involving 100 officers, MI5, the Inland Revenue and police in the United States and Canada . He was trailed, bugged and filmed "
"The officer had been accused of being a drugtaker, a threat to national security and a friend of drug traffickers and money launderers"
"But the marathon inquiry ended in ignominy for the Metropolitan Police when the only remaining actual charge, fiddling Pounds 270 (US$480) mileage expenses, was dropped "
"Dr Dizaei [said] .I find it astonishing and extraordinary that taxpayers' hard-earned funds could be abused in this way." "His defence described the investigation as having "Orwellian proportions".
"One undercover officer joined his gym hoping to entrap him over drugs"
"Police spent Pounds 15,000 (US$26,500) renting a flat in Kensington as part of the officer's cover story"
"Surveillance teams followed Dr Dizaei for 91 days. Police recorded 3,500 telephone calls and monitored 250 hours of conversation . CCTV cameras watched him all over London"
"Police checked his claims to a married man's allowance and even went to his dry cleaner to see if he got a discount "
"The jury cleared him in two hours"
"Charges that Dr Dizaei had fiddled mileage expenses were dropped at the Old Bailey yesterday, two weeks before a second trial was due. The CPS had realised that it could probably claim that only Pounds 270 (US$480) might have been fiddled"
"It also admitted that Dr Dizaei...may even have been owed Pounds 400 (US$700)"
*****
The Guardian , 20 March 2004
"By the time he was tried last year, all charges had been dropped, bar two: perverting the course of justice (over where his car had been parked) (NB!!!) and misconduct in public office (relating to a pounds 270 (US$480) expenses claim)"
"After an estimated pounds 7 million (US$12.4 million) of public money had been spent on the investigation, he was acquitted on both counts at two Old Bailey trials"
"...the prosecution was forced to admit that, rather than overclaiming pounds 270 (US$480) from the Black Police Association (BPA), Dizaei was owed around pounds 400 (US$700) "
"Dizaei [said] "Put yourself in my shoes for a minute. Imagine there were 44 people you worked with who got up every morning for three years , with all the executive power at their disposal, all the money they wanted." The 44 people he refers to are the officers who formed Operation Helios, the team created to investigate him in 1999"
(NB. I know exactly what Superintendent Dizaei felt like, having his life totally invaded. See My Diary , in particular from the summer of 2005)
"At his trial last year, documents disclosed to the defence revealed the lengths to which Helios officers were prepared to go to find something of which they could accuse Dizaei."
"...Fly to south of France to obtain statements from a concert-goer re sale of concert tickets"
"...Trace and take statement from every taxi driver who has given defendant a receipt since 1998."
(NB: Ali Dizaei received a prison sentence in 2010 - as a result of a court action by a member of the public)
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This is how far Kensington police et. al. are prepared to go - at the taxpayers' expense |
And the extent of this is an unknown quantity (in 2006) - See Home Office page - 2003)
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(9.2) My experience with Kensington, Chelsea and Notting Hill police is symptomatic of the state of the police force: OUT OF CONTROL
While my experience with Kensington, Chelsea and Notting Hill police demonstrates that this police force is OUT OF CONTROL - BECAUSE it is NOT controlled (point # 5, above), it is symptomatic of the general state of the police (in addition to point # 9.1, above):
— A journalist wrote in The Independent of 30 Nov 08 "The police are a law unto themselves" (See also 21 May 09 article below which also raises this issue). Of course the police believes this, as the Commissioner and the IPCC - which includes police officers on secondment - actively endorse its unlawful conduct.
— In February 2009, Reform (on its website, http://www.reform.co.uk, it describes itself as "...a non-party think tank whose mission is to set-out a better way to deliver public services...") published a report 'A New Force', February 2009, in which it states:
"The police in England and Wales are the most expensive in the developed world, but fail to deliver" (My thoughts: Cost might due to the spying equipment? (e.g. hacking into people's computers), and "failure to deliver" might be due to spending time on activities outside its mandate? e.g. as I believe, in my case)
"The 43 forces are run as fiefdoms by their Chief Constables"
"ACPO (1) ...a self-perpetuating oligarchy - is the key influence on police forces, in a textbook example of producer capture. It will gain more power over appointments in the new Policing and Crime Bill"
(1) ACPO = Association of Chief Police Officers - Unbelievably, an 'independent' company run by chief police officers, with the power, as National Coordinator for Domestic Extremism (NCDE), to run undercover spy operations, control the National Public Order Intelligence Unit, the largest of ACPO's 'domestic extremism units', etc. (see My Diary 13 Apr 08, surveillance Britain, for detail on ACPO's activities) (It was stripped of these functions in January 2011 - when MPs 'miraculously' recovered from their collective amnesia) (My Diary 2011 - Introduction)
Examples of ACPO's involvement in police conduct and complaints by the public:
- (1) It has issued a Hate Crime Manual "for the recording of a hate incident or crime", on which the "IPCC has mirrored its definition of a hate crime" (ISG-B75, pg 186) (NB: Evidently, its Kensington police 'mates' are exempt from compliance - above)
- (2) It has a "protocol with the IPCC in relation to referrals of serious corruption" (ISG-#213, pg65) (NB: Another requirement which ACPO (like the IPCC), evidently perceives as excluding its Kensington police mates (above)...due to 'another part' of an implicit ‘Memorandum of Understanding’?? (see below)
(NB: This endorses my decision to NOT follow the Law Society (and RICS) 'recommendation' that "[I] need to report [my] alleged criminal offences to the police". As evidenced by my experience and that of others, the police (like other State parties) clearly, has also blatantly obvious explicit / implicit 'memorandums of understanding' with 'certain crooks')
Mail on Sunday, 15 Feb 09, article headed "How the body responsible for Britain's policing policy has turned itself into an £18m -a-year business charging the public £70 for a 60p criminal records check" "Until now, ACPO's central role in policing has not been questioned as it is seen as an essential, if sometimes controversial, public body writing the rules of police operations...But the organisation is not a public body...It is a private company...paid millions of pounds a year by the taxpayer to effectively run the nation's police forces..." From the Comment section of the same issue of the Mail on Sunday : "Parliament should urgently investigate this strange, unaccountable body and bring it under control"
Daily Mail, 21 Feb 10, "Millions of anti-terror cash spent on luxury London flats for police chiefs" "The £33m funding is supposed to be used to beef up regional police forces' anti-terrorism response... Instead, ACPO's Terrorism & Allied Matters (TAM) committee, headed by Assistant Commissioner John Yates, has used millions of pounds from the budget to buy flats... Privately Yates is understood to be horrified [by this]...One senior police source said "‘No politician will ever say this but the terrorism budget is over-stuffed. Every year they have a huge under-spend which they lavish on things that are not needed. These flats were bought out of this under-spend"
QUESTIONS: Is this 'surplus' also spent on: (1) UNLAWFUL covert surveillance - and harassment - (including overseas), of 'people like me' who 'dare' stand-up to their mates in the police, and to their organised crime 'friends' - with whom they have blatantly obvious explicit / implicit 'Memorandums of Understanding'? (2) Monitoring and interfering with their phone, post, emails and computer? (3) Installing bugging devices in their flat? (4) Use of helicopters to track them down and harass them? In light of its profile and powers, my instincts lead me to the conclusion that ACPO IS BEHIND THESE EVENTS. I would like to know: What is the size of the 'surplus' allocated to 'get me' v. e.g. the £5-7 million budget allocated to get Dizaei's 'scalp'? |
The February 2009, Reform report also states:
"...Respect for the force - The police in England and Wales are relatively free of corruption in comparison with other countries" (2)
"...measured by the British Crime Survey... the public's confidence in the police is falling dramatically: 92% in 1982 down to 47% in 2004".
(2) A footnote at the bottom of the page states that it draws on a reference dated 2003. This suggests that the source data will be from 2002 and possibly older. Hence, the assertion appears to be based on data that is at least seven years out of date). (In addition to my experience with the police, some of the below articles, as well as prior media reports (My Diary 2 Aug 06) also report on police corruption)
— In its 31 Mar 09 issue, the Daily Mail reports "Complaints against police rise 300% in three years"- quoting from a report released by the 'Independent' Police Complaints Commission (IPCC) to Parliament's Public Accounts Committee (PAC).
(NB: In the context of complaints against the police, note that e.g. Northumbria police nominated itself for an award from the Chartered Institute of Public Relations (and won!) - for its 'performance' following one of its officers killing a 16 year old girl, due to his failure to use the car's flashing light or siren, as he was going at high speed ('Sick' police force win PR award for the way they handled death of schoolgirl... killed by patrol car", The Daily Mail, 24 Mar 10))
In the same 31 Mar 09 article by the Daily Mail, Jane Furniss, chief executive of the IPCC is quoted as saying to MPs "The British Crime Survey suggests that something like 300,000 people who have had contact with the police describe themselves as very annoyed following it, so something like ten times the number who actually make a complaint".
The article also states "The Parliament's Public Accounts Committee also criticised the IPCC for being unable to show if it is working effectively" Of note: nine months later: and the Home Office is STILL unable to answer this question (point # 5 - which also contains my answer to the question)
I don't know whether this British Crime Survey report has the same issue date as that quoted from by Reform, that "public confidence is down to 47% in 2004". It 'seems' unlikely. Whatever the date, I am certainly one of the people who would bring the average down even further by stating 'Absolutely no confidence and no trust whatsoever in the police" View triggered by my first-hand experience in 2002 e.g. my 4 August 2002 reply to Sir Toby Harris (point # 1, above), and that of my fellow leaseholders (point # 4). And these feelings have since been reinforced in steel and concrete as a result of my subsequent first-hand experience with the police (points # 2 , # 3 , # 4 , # 5)
— "Police fail to investigate one third of crimes" (The Sunday Telegraph, 22 Nov 09) "Police failed to investigate more than 1.5 million reported crimes last year. The offences included sex attacks, robberies, fraud, violent crimes and drug offences, as well as large numbers of burglaries and thefts"
— Also in the 13 Feb 10 article, in The Independent, "Root out corrupt officers, police told", Nick Hardwick, Chair of the IPCC, said to be aware "of officers using the police computer system to pass information to criminal associates" - and quotes an example. (NB: His comments about cleaning the police of corruption are TOTALLY meaningless - see point # 5, my experience with the IPCC)
— "Police misconduct costs forces £44m", The Times 3 Dec 2007 (NB: It should say 'Cost the taxpayer') "The bulk was paid out for wrongful arrests, assaults, malicious prosecutions and abuses of human rights... The figures show that between 2002 and 2007 the 55 police forces received more than 31,000 claims... The survey also exposed defects in the way in which forces keep their records. More than half did not keep accessible records of claims, complaints or court cases... (NB: I know about that: 2002 and 2003). In all, 31,829 claims were lodged over five years, resulting in 1,825 court actions. But only 467, or 24 per cent, of those claims reached court. Most were settled or paid of"
— In an article in The Times, 21 May 09, headed " | |