FOI ref no: 6804

11 July 2016

Mr L Anderson

Dear Mr Anderson

Freedom of Information request: reference 6804, first notified to us by email on 17 March 2016

Thank you for your recent request under the Freedom of Information Act 2000.

The force’s response to your enquiry is as follows:

Operation Kalmia was an IPCC managed investigation which arose
after the Court of Appeal quashed the convictions of a number of
men who had been jailed in connection with the murder of Kevin
NUNES. The appeal court judges were very critical of the failure of
Staffordshire Police to disclose a 'management review' which was
referred to as the 'Costello Report' [Please see
https://www.judiciary.gov.uk/wp-content/uploads/JCO/Documents/Judgments/joof-and-others-v-the-crown-judgment.pdf
]
The IPCC has publically annouced that Operation Kalmia is concluded
and therefore there are no proceeding pending. Given the IPCC
annoucement I feel that the public have a right to see the
'Costello Report' so that they can read what so appalled the appeal
court judges. I feel that the information requested below can be
fully justified on the grounds of Public Interest, failure to
release this report is likely to damage public confidence in
Staffordshire Police and the Crime Commissioner for Staffordshire.
Requested Information:
Request 1:
I am requesting a copy of the document referred to as the Costello
Report in the case of Joof and others - vs - the Crown heard at the
Court of Appeal in March 2012. It was a management review complied
by Superintendent Joe Costello into the Sensitive Policing Unit in
Staffordshire in 2006/07.
Request 2:
I am also requesting copies of any other reports submitted to the
Criminal Case Review Commission as part of its review of the case.
Request 3:
I am also requesting copies of all correspondence between the IPCC
and Staffordshire Police in respect of recommendations to
discipline officers of any rank, the request includes any response
sent to the IPCC following such recommendations being made.

I can confirm Staffordshire Police holds some of the requested information.

In accordance with Section 17 (1) of the Freedom of Information act, this letter represents a refusal notice for this particular request.

Request 1:
I am requesting a copy of the document referred to as the Costello
Report in the case of Joof and others - vs - the Crown heard at the
Court of Appeal in March 2012. It was a management review complied
by Superintendent Joe Costello into the Sensitive Policing Unit in
Staffordshire in 2006/07.

I am citing the exemptions under Section 31(1)(g) (Law Enforcement) by virtue of Section 31(2)(b) the purposes of ascertaining whether any person is responsible for any conduct which is improper and Section 40(2) (Personal Information).

Section 31 (Law Enforcement)

Harm

This has been a high profile case and there is a significant public interest to publish the report.

During the conduct investigation by the IPCC Staffordshire Police were subject to a Document Handling Agreement which prohibited dissemination of the Costello Report without the IPCC’s written agreement. The IPCC have not agreed to the disclosure of the report by Staffordshire Police.

The report contains personal information and detailed descriptions of how protected witnesses were handled/dealt with by the police and policing activity. The sensitivities contained in this report identify witnesses and those officers involved. Not only would it identify individuals there is a risk of potential harm to those persons. To divulge this information could have an adverse effect on future investigations as witnesses would be reluctant to provide vital information for fear of repercussions from any possible identification.

Factors favouring disclosure

Disclosure of the information would increase public confidence that Staffordshire Police investigate such matters appropriately and responsibly. The police service is accountable in ensuring that any conduct matters are investigated and dealt with thoroughly and fairly. It would also show that Staffordshire Police are open and transparent.

Factors favouring non-disclosure

Disclosure of the requested data would reveal detail of investigative activity, undermine any future policing operations and compromise law enforcement, allowing those individuals intent on committing crime the opportunity to plan ahead. This would compromise future operations and the safety of individuals would be compromised. Evidence gathered from witnesses is essential for successful investigations and therefore any release of information that could lead to identification or harm of an individual, would dissuade people from providing intelligence/evidence.

Balance test

There is public interest in the transparency of investigations. However, Staffordshire Police would never release information that would compromise an investigation or interfere with law enforcement. The apprehension of those individuals intent on committing crime, should never be compromised. Prevention of crime is a key role of the police and the release of information that may compromise investigations and law enforcement is not in the interests of the public. Public safety and the ability to deliver effective law enforcement is of paramount importance. Having set out the relevant public interest considerations I am required to decide, on balance, whether the factors favouring disclosure outweigh those which are opposed to disclosure. I am of the view that they do not and this letter constitutes a notice of refusal to disclose the Costello Report.

Section 40 (Personal Information)

To release personal or third party information held by Staffordshire Police would breach the data protection principles, namely –

  • Data is fairly and lawfully processed.
  • Processed in line with individuals rights.
  • Data is secure

Request 2:
I am also requesting copies of any other reports submitted to the
Criminal Case Review Commission as part of its review of the case.

This request has previously been responded to

Request 3:
I am also requesting copies of all correspondence between the IPCC
and Staffordshire Police in respect of recommendations to
discipline officers of any rank, the request includes any response
sent to the IPCC following such recommendations being made.

This request has previously been responded to.

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of this email and should be addressed to:

Julie Ferrie

Freedom of Information

Central Disclosure Unit

Staffordshire Police

PO Box 3167

Stafford

ST16 9JZ

Please remember to quote the reference number in any future communications.

Should you require any further information please contact me on 01785 232411.

Yours sincerely

Julie Ferrie

Freedom of Information Decision Maker