Inquiry Reveals Chief Minister’s Improper Interventions in Criminal Investigation

The recent inquiry into the actions of the chief minister of Gibraltar has uncovered a troubling series of interventions aimed at influencing a live criminal investigation. These actions were reportedly motivated by a desire to shield a close friend and business associate from the ramifications of law enforcement activities. This article delves into the findings of the inquiry and its implications for governance in Gibraltar.

Key Findings of the Inquiry

Under the oversight of Sir Peter Openshaw, a retired high court judge, the inquiry concluded that Chief Minister Fabian Picardo acted inappropriately to protect James Levy, KC, during a police operation at the Hassans law firm, where Levy served as a senior partner. This police operation was connected to an investigation involving an alleged attempt to steal a state security contract, though Levy was never charged.

A Pattern of Interference

The inquiry revealed that while police were executing a search warrant at Hassans, Picardo summoned Police Commissioner Ian McGrail to his office. There, Picardo reportedly expressed his anger in a “towering rage,” in what Sir Openshaw characterized as an unmistakable attempt to interfere with a legitimate police investigation.

McGrail’s subsequent retirement a month later raised questions about whether he was pressured to step down. Openshaw clearly stated, “I reject Mr. Picardo’s defense of his actions.” He added, “It is more likely that he was acting to protect Mr. Levy, his lifelong friend and mentor, from the consequences of the executed warrant.”

Sharing Confidential Information

In addition to his direct interventions, Picardo was found to have shared sensitive information with Levy’s legal counsel regarding what he believed was the Director of Public Prosecutions’ stance on the warrant. Openshaw deemed this behavior as “sinister,” noting it carried significant risks of conflicting with Picardo’s duties as Chief Minister.

No Actual Interference

Despite these alarming actions, the inquiry concluded that Picardo’s efforts did not hinder the Gibraltar Police’s operations on the day of the warrant’s execution. The investigation proceeded as planned, with no tangible interference from Picardo’s actions.

Background on the Search Warrant

The warrant in question was part of an investigation into alleged hacking and sabotage of the national security’s centralized intelligence system, as well as a conspiracy to defraud a private entity, Bland Ltd. Notably, Hassans had financial ties to 36 North Limited, another company involved in government security contracts.

Loss of Confidence and Miscommunication

During the inquiry, it was revealed that Picardo and the then interim governor, Nick Pyle, expressed a loss of confidence in McGrail, partly due to issues regarding his handling of a maritime incident. Sir Openshaw suggested that the primary motivation behind this loss of confidence was the police search warrant surrounding Levy. The report indicated that Picardo mistakenly believed McGrail had misled him about the investigation.

While Picardo asserted that the government was entirely exonerated of any wrongdoing, Sir Openshaw’s report offered a more nuanced view. He noted that McGrail felt pressured to resign due to perceived loss of confidence from both the Chief Minister and the governor.

Conclusion

The inquiry starkly illuminates the complexities and challenges within Gibraltar’s political landscape, particularly regarding the potential for personal interests to interfere with official duties. While the report absolved Picardo of direct interference in the investigation, it raises essential questions about accountability and governance.

Key Takeaways

• The inquiry found Chief Minister Picardo made inappropriate efforts to influence a criminal investigation.
• Despite these actions, the police’s search at Hassans proceeded without interference.
• Concerns were raised about the sharing of confidential information and potential conflicts of interest.
• McGrail’s retirement was linked to pressures stemming from Picardo’s loss of confidence in him.