EXCLUSIVE -

Police Cover-Up - After two RGP officers sentenced in Spanish Criminal Court

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 Tuesday, June 25, 2019 - 10:36 Leo Olivero

While a breakdown in trust between police and the public is by no means uniform across the community. Over a period of time and more recently, certain operational police activity has dominated headlines, like the current RGP illegal fishing enforcement policy in BGTW.

However, the main issue of this report has nothing to do with illegal fishing but how the police have repeatedly attempted, to mislead, ignore, confuse and in this case blatantly cover up their way out of answering repeated questions on an issue or incident that goes back 10 years.

The issue in question was a serious high profile incident of great public interest and political involvement. In fact, the matter concluded a number of months ago when two serving RGP officers were brought before a Spanish Criminal Courtroom to face charges. The case today whether the police like it or not is still of public interest as it was 10 years ago!

Information regarding the conclusion of the case has intentionally been kept under wraps it seems. Not withstanding and repeating the point about public and political interest, especially in an era, where international-cross border police cooperation appears to be dominating ‘operational policing decisions’.

RGP Officers Charged With Theft Related Charges

Panorama can exclusively confirm, that two serving RGP officers last year just before Christmas appeared with three other local men, in front of a Spanish criminal court charged with offences, crimes, where in UK or in local law would be classed as cases of dishonesty.

In fact, the two officers together with the others were charged with offences akin to theft, bordering a more serious charge of burglary. Involving an unlawful entry into a dwelling or private apartment in Spain where an unlawful search of the premises was conducted and a number of items illegally removed.

The outcome of the court proceedings took place before a ‘magistrate or juez del juzgado’.

In her sentencing summing up, the magistrate said that “Primarily the penalty for ‘search’ or ‘break-in’ ranges from six months to two years, and ‘theft’ which depends on the assessment of the theft; but in this case and due to circumstances not linked to the defendants but to the procedure and considering that the case is not of a major complexity, the Judge decided to reduce the penalty to “one and a half months imprisonment” for all the defendants including the two RGP officers, which the judge replaced by a monetary fine, (the latter was a legal translation from the official court document)

Violent Robbery in Gibraltar

The case dates back to August 2010 when the RGP who at the time were investigating a violent robbery at the ‘Cellini Goldsmith’ shop in Main Street where two men a Gibraltarian and a UK national were subsequently arrested.

Two RGP officers investigating the local robbery, for reasons best known to them and their superiors, crossed the frontier into Spain and proceeded to a private residence in San Roque. The officers it seems, were acting as police officers involved in a criminal investigation that took place in a foreign jurisdiction (Gibraltar). During the investigation in Spain, the officers entered private dwelling and allegedly removed items of jewellery, money and a motorcycle, that were conveyed back to Gibraltar. It all seems to have taken place without the consent of the owner of the flat and without notifying the Spanish authorities of their official action.

At the time, I penned a few reports, how these officers had made a huge mistake whilst conducting an investigation into a crime in Gibraltar, naïvely making a serious inexperienced decision to cross into Spain another jurisdiction, to recover evidence from a private property.

In 2010 as it is today, this incident is still of great public interest and political importance and relevance, a situation that has not changed. But information generally concerning this incident from the start has been scarce, misleading and ambiguous! All the ingredients of a good cover up believe me I know!

This incident became high profile in 2010, because it followed a similar one months earlier when four Guardia Civil officers unlawfully entered GB waters landing ashore in the Harbour Views area where they drew weapons in a hostile and aggressive manner, The Spanish officers thought they were in Spanish territory, but happened to miss a huge world iconic landmark Rock right in front of them, we call home!

The incident involving the four Guardia Civil went politically and diplomatically ballistic in Gibraltar, Madrid and London!

At the time, the then Chief Minister spoke with his opposite number in Madrid. A Spanish apology was made and accepted. A few months after, it was the turn of Mr Caruana to make the same apology to the Spanish Government. Although the stupidity of the RGP officer’s in Spain, could not possibly be compared with the serious armed Spanish police presence in Gibraltar months earlier!

Following Caruana’s apology, the Spanish government issued a statement with positive assurances it was the end of the matter. Where Peter Caruana warned that ‘he hoped the Spanish authorities would take the same view as was taken when the Guardia Civil landed on local shores and offending Spanish officers were not prosecuted”.

Importantly Mr Caruana adding, “that if there is no reciprocity and a prosecution of RGP officers in Spain were to ensue, the harm it will do to cross-border relations at a local level will be incalculable”. 

Well it took 10 years - but a Spanish Prosecution did take place as Sir Peter kind of feared, though I don’t think he thought it was going to take 10 years!

So what changed in 10 years? After so much time, the two local officers have been dragged back-and-forth through the Spanish legal system, ending up in the Spanish Criminal Court where they were found guilty of serious offences and sentenced!

Where is the SpIrit of One-Way International Police Cooperation?

As unprofessional as the RGP’S actions in Spain was in 2010, it could hardly be in the same league as the 100’s if not 1000’s of blatant illegal incursions that continue today by Spanish state vessels into BGTW and still continues today. Now illegal fishing in BGTW is causing concern, where the RGP have gone soft and do absolutely nothing, seriously undermining the Rocks sovereignty, a vital point exclusively confirmed last week by us citing International courts of justice decisions on Sovereignty Claims!

The Spirit of International Police Cooperation is One Way...it Seems!

The Commissioner of Police would have us all believe the RGP is at the centre of all this international police cooperation. Yet two ranking RGP officers are forced onto the wrong side of the Spanish Criminal Justice System for a mistake collecting a criminal record on the way out! Did anyone inform the Spanish female judge about all the positive cross border police cooperation when she sentenced the local officers in Algeciras Court?

Recently in consecutive weeks, Panorama has contacted the RGP press people posing the same question regarding this matter; we received the same reply on Friday:

1...Can you please confirm once again, that no serving officer is subject of an adverse record in Spain?

2...Would the RGP have absolute knowledge that any serving officer(s) had appeared in any Spanish criminal court in the last 7 or 8 months to face what are considered criminal charges?

3...Did the RGP or anyone else conduct an internal investigation as to how two officers on duty were allowed to cross into a foreign jurisdiction to conduct an investigation and conduct an illegal entry into a private residence without the permission of the owner or without informing the Spanish authorities...if so

4...What was the outcome of the investigation or any subsequent action taken as a disciplined body?

5...Can you supply any further related information of public interest on this matter?

The RGP Repeated Answer:

“We reiterate that it is our understanding that there are no adverse records in respect of any RGP officer in Spain.  The RGP does not comment on internal disciplinary matters”

It was a disgraceful, unprofessional and a contemptible reply and unfortunately a measure of policing today. We are led to believe with the answer, the RGP had no knowledge that two of their supervisory ranking officers had been charged to appear in a Spanish Criminal court where a prison sentence was imposed, substituted or downgraded to a fine!

We cannot believe and accept what the RGP continue to tell Panorama or the public.

Panorama has answers to questions from the police going back years, where the RGP are perfectly aware of the case brought against these officers and what was on going.

Did the RGP just switch off and took no further interest in the welfare of their officers?

Panorama will happily share with the RGP, Governor, the Government and GPA the documents in our possession, but only on the condition that an investigation is initiated to investigate who gave the instructions for the officers to illegally wander off into Spain, another jurisdiction, to search a private dwelling to obtain evidence. Though I’m sure they are all well aware and know much more, then what they want to share with the public or the press on this issue of great public interest!

No Intention of Publishing Officers Names

It’s important to point out; Panorama has never had the intention of publishing the police officers names or their rank now. Even though today we are legally in position to do so having conducted our own investigation in Spain and retrieving official information and documentation with other information that might be an embarrassment to others?

What Panorama cannot allow is the RGP Senior Command treating the media, especially this newspaper, with constant disdain, not only on this matter, but others, and why publicly we intend to expose this RGP and their attempt to ‘Cover Up’ this matter!

Which begs the question, if the RGP has repeatedly tried to cover up this important matter, which is obvious. How many other police cover-ups have not seen the light of day!

The RGP senior command has tried to suppress information from the public. But unfortunately for them, they have not been clever as they think they are, and have obviously underestimated Panorama’s drive to inform the public which is our obligation to expose and question once again - Just What is Happening to Policing in Gibraltar Today?

While all this is happening, at such an important national juncture for Gibraltar, the Governor and Gibraltar Police Authority sit idly by sitting on the proverbial lethargic fence doing and saying nothing – which has become what appears to be a lazy or uninterested habit with the Tenant at the Convent!

Media Play Significant Role Holding Police to Account

Some living so-called Professional Fairytales, would be wise to remember that the media has a significant role in holding policing to account and informing the public about the work of the police service. Not only that, but there is an obligation on the police service to engage with the media, both to communicate what the police are trying to do strategically and, at an operational level.

Of course the police has a duty to safeguard the confidentiality and integrity of information, but this must be balanced against the duty to be open, transparent and truthful all the time!

One wonders if the RGP have a communications strategy or do they make it up as they go along, even today, with a full time press officer and an experienced Corporate Communications GURU! - They have seriously flunked their lines of communication! – NOW WHAT?

25-06-19 PANORAMAdailyGIBRALTAR