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| Version 1 | Version 2 |
|---|---|
| Sixth complaint against Police Scotland Chief Constable Phil Gormley | Sixth complaint against Police Scotland Chief Constable Phil Gormley |
| (about 4 hours later) | |
| A sixth complaint has been made about the conduct of Police Scotland Chief Constable Phil Gormley. | A sixth complaint has been made about the conduct of Police Scotland Chief Constable Phil Gormley. |
| The Police Investigations & Review Commissioner was already probing three complaints against Mr Gormley but it has now been asked to asses a fourth. | The Police Investigations & Review Commissioner was already probing three complaints against Mr Gormley but it has now been asked to asses a fourth. |
| Two separate complaints are being considered by the Scottish Police Authority and by the force internally. | Two separate complaints are being considered by the Scottish Police Authority and by the force internally. |
| Mr Gormley, who has been on special leave since September last year, has denied the newly disclosed allegation. | |
| His legal team said the complaint was "spurious and contrived" and questioned the timing of it being made public. | |
| BBC Scotland understands the latest complaint was made to the SPA by a civilian worker. | BBC Scotland understands the latest complaint was made to the SPA by a civilian worker. |
| The Pirc must now assess whether it merits a formal misconduct or gross misconduct investigation. | The Pirc must now assess whether it merits a formal misconduct or gross misconduct investigation. |
| The third option available to Commissioner Kate Frame is to refer the matter back to the SPA. | The third option available to Commissioner Kate Frame is to refer the matter back to the SPA. |
| The SPA confirmed it had referred a complaint to the Pirc. | The SPA confirmed it had referred a complaint to the Pirc. |
| 'Serious questions' | |
| A statement said: "This follows an assessment by the SPA which determined that, if proven, the allegations would amount to misconduct and require to be investigated. | A statement said: "This follows an assessment by the SPA which determined that, if proven, the allegations would amount to misconduct and require to be investigated. |
| "Complaint and conduct matters are confidential and the SPA will not provide any further comment on this case at this time." | "Complaint and conduct matters are confidential and the SPA will not provide any further comment on this case at this time." |
| A Pirc spokesman said: "The commissioner is now assessing the allegation to determine whether the conduct, if proved, would amount to misconduct, gross misconduct or neither and to establish whether an investigation is required. | A Pirc spokesman said: "The commissioner is now assessing the allegation to determine whether the conduct, if proved, would amount to misconduct, gross misconduct or neither and to establish whether an investigation is required. |
| "Whilst this process is underway, it would be inappropriate to comment further. | "Whilst this process is underway, it would be inappropriate to comment further. |
| "In addition to this referral, the commissioner is currently carrying out three investigations into allegations of gross misconduct about the chief constable, which remain ongoing." | "In addition to this referral, the commissioner is currently carrying out three investigations into allegations of gross misconduct about the chief constable, which remain ongoing." |
| A spokesman for Mr Gormley's legal team, Burness Paull LLP, said: "We are aware that a single allegation of misconduct dating back almost one year has today been referred by the SPA's Complaints and Conduct Committee to the PIRC for assessment. | |
| "Chief Constable Gormley entirely denies the allegation as spurious and contrived. | |
| "The chief constable is disturbed by the timing of this allegation arising and it gives rise to serious questions in light of recent political debate about his employment status." | |
| Last week justice secretary Michael Matheson criticised the Scottish Police Authority over its attempt to bring the chief constable back to work. | Last week justice secretary Michael Matheson criticised the Scottish Police Authority over its attempt to bring the chief constable back to work. |
| Mr Matheson addressed MSPs after Mr Gormley's lawyers accused him of making an "unlawful" intervention to stop him coming back to work. | Mr Matheson addressed MSPs after Mr Gormley's lawyers accused him of making an "unlawful" intervention to stop him coming back to work. |
| But the justice secretary told MSPs he had simply questioned "clear deficiencies" in the decision-making process. | But the justice secretary told MSPs he had simply questioned "clear deficiencies" in the decision-making process. |
| Mr Matheson revealed that he only discovered on 9 November that the SPA had decided at a "private meeting" two days earlier to allow Mr Gormley to return to duty. | Mr Matheson revealed that he only discovered on 9 November that the SPA had decided at a "private meeting" two days earlier to allow Mr Gormley to return to duty. |
| He said the Pirc had not been consulted as to whether this would affect the investigation into the complaints. | He said the Pirc had not been consulted as to whether this would affect the investigation into the complaints. |
| And he said the acting police command team had not been informed that Mr Gormley was due to return to work the following day. | And he said the acting police command team had not been informed that Mr Gormley was due to return to work the following day. |
| The justice secretary said in light of these concerns he asked the SPA to review its decision, which he said was "simply unacceptable and could not be defended". | The justice secretary said in light of these concerns he asked the SPA to review its decision, which he said was "simply unacceptable and could not be defended". |
| Since then it has emerged no minutes were taken during the meeting in November between Mr Matheson and Andrew Flanagan, the then head of the SPA. | Since then it has emerged no minutes were taken during the meeting in November between Mr Matheson and Andrew Flanagan, the then head of the SPA. |
| It led to the SPA reversing its decision to allow Mr Gormley to return to duty. | It led to the SPA reversing its decision to allow Mr Gormley to return to duty. |
| And at the weekend opposition parties asked Mr Matheson to provide details of all communications in relation to Mr Gormley's case. | And at the weekend opposition parties asked Mr Matheson to provide details of all communications in relation to Mr Gormley's case. |
| The SPA is expected to review Mr Gormley's leave of absence by 25 January. | The SPA is expected to review Mr Gormley's leave of absence by 25 January. |