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NEWS > 25 February 2008

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 Article sourced from

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ic Wales - United Kingdom
25 February 2008
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Detective escapes disciplinary

A DETECTIVE involved in the reinvestigation of Wales’ most notorious miscarriage of justice will not be disciplined after all despite being severely criticised in an independent report.

Acting Detective Inspector Gavin Lewis was one of two police officers criticised in a report by the Independent Police Complaints Commission (IPCC) for his involvement in a matter that could have resulted in a further injustice.

Mr Lewis and his colleague Acting Detective Superintendent John Penhale, who was also criticised in the IPCC report, were part of the team reinvestigating the murder of Lynette White, a Cardiff prostitute murdered 20 years ago.

Three men – Steven Miller, Yusef Abdullahi and Tony Paris, known as the Cardiff Three – were wrongfully convicted of murdering Ms White, and were later cleared on appeal. In 2003 the real killer, Jeffrey Gafoor, was convicted following advances in DNA technology, after which an investigation was launched to see whether police officers and others had committed criminal acts in securing the original convictions of the Cardiff Three.

An investigation by the IPCC ruled that Mr Lewis and Mr Penhale should receive written warnings after making incorrect statements that could have resulted in a former police officer working on the Lynette White reinvestigation being prosecuted for fraud.

Lynn Powell, a former police officer with more than 20 years’ experience who worked as intelligence officer on the Lynette White reinvestigation, has said she was humiliated in front of colleagues when she was arrested, put into a cell, and accused of making excessive cash claims for her work from South Wales Police.

She maintains her treatment by the force left her feeling suicidal. Investigations by both South Wales Police and the IPCC established conclusively there had been no criminal conduct on Ms Powell’s part, and that the whole matter arose out of an administrative error.

The IPCC report said that in October 2004 the expenditure for the Lynette White reinvestigation was subject to an audit. Anomalies were identified on the time sheets and the payments to Ms Powell. John Penhale, who was in charge of the day-to-day running of the inquiry was contacted about this.

The IPCC report added: “Time/mileage sheets signed by him and other supervisory staff were examined. It was suspected that there may have been a fraud committed by Ms Powell. John Penhale stated that he had not signed the expense form with the mileage claim included. Gavin Lewis said the same.”

Mr Penhale and Mr Lewis subsequently made witness statements suggesting that Ms Powell had filled in the form after they had signed it.

But when the form submitted by Ms Powell was subjected to forensic analysis, it was conclusively established that she had not filled the form in, or added to it, after the officers had signed it.

A second forensic test was later carried out, confirming that Mr Penhale and Mr Lewis had given incorrect statements.

Meanwhile, however, Ms Powell had been arrested. After interviewing her, a detective sergeant quickly came to the conclusion that no criminal offence had been committed. The Crown Prosecution Service later agreed.

The IPCC report, released in March last year, recommended that Mr Lewis and Mr Penhale should both receive written warnings.

When we asked South Wales Police whether those warnings had yet been given, a force spokeswoman would only say, “It would be inappropriate to comment further as any statement may be prejudicial to proceedings.”

But IPCC Commissioner John Crawley said, “One officer (Mr Lewis) is on sabbatical leave for a prolonged period, agreed to by the force before the disciplinary outcome recommended by the IPCC was available, and no disciplinary action is to be taken.

“The other officer (Mr Penhale) declined to accept a written warning (under which he has to accept that he breached the code of conduct for police officers) as he is entitled to do under the regulations. As a result the IPCC has required the officer to appear before a misconduct panel.”

When we contacted Ms Powell to tell her that Mr Lewis would not now be disciplined – despite a previous contrary indication from South Wales Police – she said, “Nothing surprises or shocks me any more about South Wales Police’s handling of this matter.”

 

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