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Andrew Mitchell accuses police officer of lying about Plebgate clash Andrew Mitchell accuses police officer of lying about Plebgate clash
(1 day later)
Andrew Mitchell fought to resuscitate his political career by accusing a named police officer of lying about the "plebgate" clash in Downing Street at a specially convened press conference where he challenged the new director of public prosecutions over her failure to charge the officer.Andrew Mitchell fought to resuscitate his political career by accusing a named police officer of lying about the "plebgate" clash in Downing Street at a specially convened press conference where he challenged the new director of public prosecutions over her failure to charge the officer.
In a dramatic day of developments over an incident that has damaged public trust in the police service, Mitchell appeared alongside his wife to say that PC Toby Rowland, the officer who alleged that the MP had called him a pleb, was not telling the truth.In a dramatic day of developments over an incident that has damaged public trust in the police service, Mitchell appeared alongside his wife to say that PC Toby Rowland, the officer who alleged that the MP had called him a pleb, was not telling the truth.
The Conservative spoke out hours after the director of public prosecutions Alison Saunders said that having studied all the evidence – including previously unseen CCTV footage, text messages, mobile phone footprints and witness statements – there was insufficient evidence to suggest that Rowland had lied, or committed misconduct in public office.The Conservative spoke out hours after the director of public prosecutions Alison Saunders said that having studied all the evidence – including previously unseen CCTV footage, text messages, mobile phone footprints and witness statements – there was insufficient evidence to suggest that Rowland had lied, or committed misconduct in public office.
Neither was there sufficient evidence, Saunders said, "to show that Mitchell was the victim of a conspiracy of misinformation". She also said there would be no charges for officers who had leaked details to the media as a jury was likely to decide it was in the public interest for what had taken place to be made public.Neither was there sufficient evidence, Saunders said, "to show that Mitchell was the victim of a conspiracy of misinformation". She also said there would be no charges for officers who had leaked details to the media as a jury was likely to decide it was in the public interest for what had taken place to be made public.
Five police officers will face gross misconduct disciplinary hearings and the possible sack over leaking and over discreditable conduct. Another three will face lesser disciplinary procedures. Rowland, however, is not one of them.Five police officers will face gross misconduct disciplinary hearings and the possible sack over leaking and over discreditable conduct. Another three will face lesser disciplinary procedures. Rowland, however, is not one of them.
In a defiant press conference, Mitchell challenged the DPP's decision. Describing how his reputation had been destroyed by Rowland's "untruths", the former chief whip, who lost his job over the row, said the officer's claims that he called the police "plebs" and swore at them were "made up and disseminated" by Rowland himself.In a defiant press conference, Mitchell challenged the DPP's decision. Describing how his reputation had been destroyed by Rowland's "untruths", the former chief whip, who lost his job over the row, said the officer's claims that he called the police "plebs" and swore at them were "made up and disseminated" by Rowland himself.
Continuing his criticism, Mitchell said: "I wish now to make clear that PC Toby Rowland, who was responsible for writing those toxic phrases into his notebook, was not telling the truth."Continuing his criticism, Mitchell said: "I wish now to make clear that PC Toby Rowland, who was responsible for writing those toxic phrases into his notebook, was not telling the truth."
Mitchell complained that Rowland had "not been arrested or even interviewed under criminal caution" and that as a result the inquiry had focused on secondary issues "rather than on the incendiary fact that armed police officers guarding officials in Downing Street have stitched up one of those they were supposed to be protecting. I have told the truth ... the police did not."Mitchell complained that Rowland had "not been arrested or even interviewed under criminal caution" and that as a result the inquiry had focused on secondary issues "rather than on the incendiary fact that armed police officers guarding officials in Downing Street have stitched up one of those they were supposed to be protecting. I have told the truth ... the police did not."
His lawyer Stephen Parkinson also said that Rowland had lied, and that he should face a charge of misconduct in public office.His lawyer Stephen Parkinson also said that Rowland had lied, and that he should face a charge of misconduct in public office.
However, in the early evening Rowland responded that he would willingly swear in court that his account of the incident was correct.However, in the early evening Rowland responded that he would willingly swear in court that his account of the incident was correct.
In a statement released through the Police Federation, he said: "I stand by my account of events in Downing Street on 19th September, 2012. This has now been thoroughly investigated and the CPS has confirmed there is insufficient evidence to take any criminal proceedings against me. In addition, neither am I subject to any disciplinary proceedings."In a statement released through the Police Federation, he said: "I stand by my account of events in Downing Street on 19th September, 2012. This has now been thoroughly investigated and the CPS has confirmed there is insufficient evidence to take any criminal proceedings against me. In addition, neither am I subject to any disciplinary proceedings."
But as Mitchell continued to protest he had never used the word pleb, David Cameron made clear that he had not changed his view on his resignation, dampening speculation that he could get his cabinet job back in the next reshuffle.But as Mitchell continued to protest he had never used the word pleb, David Cameron made clear that he had not changed his view on his resignation, dampening speculation that he could get his cabinet job back in the next reshuffle.
After a year-long police investigation in which 800 members past and present of the diplomatic protection squad were interviewed, the DPP announced the charging decision in relation to five police officers and three civilians on Tuesday.After a year-long police investigation in which 800 members past and present of the diplomatic protection squad were interviewed, the DPP announced the charging decision in relation to five police officers and three civilians on Tuesday.
In a detailed statement on the affair which marks one of Saunders' first major tests as DPP, she said that much of what has been published and broadcast about plebgate so far has assumed that the CCTV recordings of the incident showed the gate officer on duty lied about the words used. But she said the footage that was aired by Channel 4's Dispatches programme, which first questioned the accounts given by the police officers on duty, "was edited and did not show the full picture". In a detailed statement on the affair which marks one of Saunders' first major tests as DPP, she said that much of what has been published and broadcast about plebgate so far has assumed that the CCTV recordings of the incident showed the gate officer on duty lied about the words used. But she said the footage that was aired by Channel 4's Dispatches programme, which first questioned the accounts given by the police officers on duty, "was edited and did not show the full picture" [see footnote].
After studying vast amounts of footage from five cameras which had not been broadcast, emails, text messages, mobile phone footprints and statements, Saunders said prosecutors found there was insufficient evidence to suggest that Rowland had lied when he said the then chief whip had called him a pleb during the heated altercation on September 19th last year.After studying vast amounts of footage from five cameras which had not been broadcast, emails, text messages, mobile phone footprints and statements, Saunders said prosecutors found there was insufficient evidence to suggest that Rowland had lied when he said the then chief whip had called him a pleb during the heated altercation on September 19th last year.
Rowland was the armed officer on duty in Downing Street with a colleague when Mitchell attempted to cycle through the gate – something Saunders said was in breach of a legal order made in 2008. The officer declined to allow Mitchell through, and during the subsequent altercation he alleged that Mitchell told him: "You should know your fucking place, you don't run this fucking government, you're fucking plebs."Rowland was the armed officer on duty in Downing Street with a colleague when Mitchell attempted to cycle through the gate – something Saunders said was in breach of a legal order made in 2008. The officer declined to allow Mitchell through, and during the subsequent altercation he alleged that Mitchell told him: "You should know your fucking place, you don't run this fucking government, you're fucking plebs."
The officer, Saunders said, made a written note and telephoned a superior officer to inform him what had happened. An hour and a half later he compiled an email which he sent to his managers and colleagues, and which represented the "log" of the incident.The officer, Saunders said, made a written note and telephoned a superior officer to inform him what had happened. An hour and a half later he compiled an email which he sent to his managers and colleagues, and which represented the "log" of the incident.
Saunders said there were no independent accounts of what happened. But both Mitchell and Rowland had described "bad language" from the then chief whip, and both had said Mitchell was warned by the officer for swearing and that the politician said he would pursue the matter the following day.Saunders said there were no independent accounts of what happened. But both Mitchell and Rowland had described "bad language" from the then chief whip, and both had said Mitchell was warned by the officer for swearing and that the politician said he would pursue the matter the following day.
"It is clear from the footage that there was sufficient time for the words to have been said either as described by the gate officer or as described by Mitchell," said Saunders."It is clear from the footage that there was sufficient time for the words to have been said either as described by the gate officer or as described by Mitchell," said Saunders.
She added: "It does show there are a small number of members of the public present immediately in front of the gate...this is consistent with the officer's account that several members of the public were present.. No officer ever mentioned crowds being present - this was first mentioned in Channel4/Dispatches programmes."She added: "It does show there are a small number of members of the public present immediately in front of the gate...this is consistent with the officer's account that several members of the public were present.. No officer ever mentioned crowds being present - this was first mentioned in Channel4/Dispatches programmes."
Saunders said there was insufficient evidence to prove that one officer alone or with other officers had fabricated a false allegation against Mitchell, and there was insufficient evidence to prove a criminal conspiracy against him.Only one officer, PC Keith Wallis, 53, is to be charged with misconduct in public office in relation to an email he sent to the deputy chief whip's office purporting to have been a member of the public who witnessed the incident.Saunders said there was insufficient evidence to prove that one officer alone or with other officers had fabricated a false allegation against Mitchell, and there was insufficient evidence to prove a criminal conspiracy against him.Only one officer, PC Keith Wallis, 53, is to be charged with misconduct in public office in relation to an email he sent to the deputy chief whip's office purporting to have been a member of the public who witnessed the incident.
Subsequently, the Independent police complaints commission said on Tuesday that Rowland, of all the officers involved in an affair that had turned "an inaudible altercation into a national scandal", had not wanted to pursue the matter further and had been content with the apology he received from Mitchell.Subsequently, the Independent police complaints commission said on Tuesday that Rowland, of all the officers involved in an affair that had turned "an inaudible altercation into a national scandal", had not wanted to pursue the matter further and had been content with the apology he received from Mitchell.
Mitchell said at a lengthy press conference that he would have the chance to make Rowland swear by his account on oath during pending legal action for libel against the Sun newspaper, which first published a story about the plebgate incident.Mitchell said at a lengthy press conference that he would have the chance to make Rowland swear by his account on oath during pending legal action for libel against the Sun newspaper, which first published a story about the plebgate incident.
The MP said he would swear in court in such an action that he has told the truth at all times. Later in the day, the tabloid title said it would defend the action on the basis "that our original story was true and published in the public interest".The MP said he would swear in court in such an action that he has told the truth at all times. Later in the day, the tabloid title said it would defend the action on the basis "that our original story was true and published in the public interest".
"The important issue is who invented the three lying phrases about plebs and people knowing their place," Mitchell said. "These appear in the police log and were used to destroy my political career ... my reputation was destroyed. I was vilified, relentlessly, over 33 days, with over 800 hate emails ... I and my family were driven from our home with as many as 20 journalists and photographers camped outside.""The important issue is who invented the three lying phrases about plebs and people knowing their place," Mitchell said. "These appear in the police log and were used to destroy my political career ... my reputation was destroyed. I was vilified, relentlessly, over 33 days, with over 800 hate emails ... I and my family were driven from our home with as many as 20 journalists and photographers camped outside."
The Met police commissioner, Sir Bernard Hogan-Howe said no other action was required in relation to PC Rowland after the CPS's decision. Of the other officers facing disciplinary hearings, he said: "I believe that public trust and confidence in the integrity of the police is fundamental to us providing an effective service for the public. If these officers have broken the law or acted without impartiality or integrity then they must answer for that, be that in a court of law, or at gross misconduct hearings."The Met police commissioner, Sir Bernard Hogan-Howe said no other action was required in relation to PC Rowland after the CPS's decision. Of the other officers facing disciplinary hearings, he said: "I believe that public trust and confidence in the integrity of the police is fundamental to us providing an effective service for the public. If these officers have broken the law or acted without impartiality or integrity then they must answer for that, be that in a court of law, or at gross misconduct hearings."
Deborah Glass, deputy chair of the IPCC said she did not think what was said during the incident could be proven either way. She said Rowland's account of the incident was "contemporaneous". and that the incident should have gone no further than the personal apology Mitchell made to the officer concerned.Deborah Glass, deputy chair of the IPCC said she did not think what was said during the incident could be proven either way. She said Rowland's account of the incident was "contemporaneous". and that the incident should have gone no further than the personal apology Mitchell made to the officer concerned.
But she said Rowland had not been responsible for the later actions of others. "Those officers who may be responsible for turning a largely inaudible altercation lasting less than a minute into a national scandal plainly have a case to answer for gross misconduct."But she said Rowland had not been responsible for the later actions of others. "Those officers who may be responsible for turning a largely inaudible altercation lasting less than a minute into a national scandal plainly have a case to answer for gross misconduct."
• This footnote was added on 27 November 2013. The Crown Prosecution Service has since clarified that it has not maintained that the footage was edited by the Channel 4 production team itself.
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