IPCC Appeal - Jennifer Di Fabio - Grievous Bodily Harm Threat
Appeal to Independent Police Complaints Commission (IPCC)
by NUJ member Paul Trummel (Complainant)
against a decision by
Detective Inspector Jennifer Di Fabio,
Metropolitan (Lewisham) Police Division
that references alleged criminal behaviour by
NUJ Officer Christopher Graham Wheal (Defendant).
Metropolitan Police Service has a duty to ensure that officers maintain the high level of professional standards within the service expected by the communities that they serve. The revised policy recognises the ethos contained within the Taylor Report and reflected in Police Reform Act 2002, Police (Conduct) Regulations 2008 and Police (Complaints and Misconduct) Regulations 2008.
Complainant alleges that a decision by Detective Inspector Jennifer Di Fabio, signed per procurationem by an anonymous proxy, evades responsibility by using a general denial not permitted by Professional Standards Policy. Complainant filed an IPCC complaint in a case involving alleged threats of grievous bodily harm by Christopher Graham Wheal. That complaint prompted Di Fabio to respond within two days after stonewalling a promised criminal investigation for three months.
Christopher Graham Wheal used an unprovoked and dastardly email attack to threaten grievous bodily harm. Wheal, an NUJ officer and Chair, NUJ Professional Training Committee, also Chair, NUJ Extra (Charity) manages Wheal Associates (which provides editorial services) with his wife Kate Wheal at 3 Overcliff Road, Lewisham, London, SE13 7UB. [Christopher Wheal]
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Will you piss off with your inane ramblings. My nephew was killed in a tragic accident on Tuesday and all I get is wank from you. Now take me off your email list, or better still, fuck off and die you complete and utter tosser*. One more peep from you and if I bring harassment charges you'll be lucky. I find you personally I'll fucking break your legs. [sic] Christopher Graham Wheal, NUJ Officer. |
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This reprobate describes himself as a journalist and writing instructor. *tosser. A derogatory term for a stupid, irritating, or ridiculous person.
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De Fabio has taken part in a pattern or practice of evasion in contravention of court rules which only permit general denial when the response to a complaint intends in good faith to controvert all assertions of fact. Rarely do general denials pass that test neither do reputable judges allow them. Effectively, Di Fabio has misrepresented evidence in response to a criminal referral to cover up her own neglect to investigate a threat of grievous bodily harm (GBH).
Court rules do not allow arbitrary or general denial (denying all allegations in a complaint). Di Fabio did not genuinely interpret the complaint or associated statutes. She violated independent investigation procedures and effectively obstructed due process of law to delay and deny justice by arbitrarily denying all allegations in the complaint.
Her general denial contained arbitrary and biased statements, innuendo, and assumption that bear no relation to the facts. Di Fabio did not controvert all the declarations and assertions (averments) in the complaint as common law requires and did not use a narrow construction when responses of this type generally require liberal construction, at least until a judge decides otherwise.
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Di Fabio has tried to railroad Complainant. She completely ignored a letter sent to her superior officer Jeremy Burton, Chief Superintendent, Borough Commander, Metropolitan (Lewisham) Police Division as a conciliatory gesture prior to filing a complaint with IPCC. Railroading forces rapid investigation or litigation to prevent careful consideration and criticism. It typically employs dragooning, subjugation, persecution, coercion, or threats and certainly does not constitute ethical police behavior determined by police Professional Standards Policy.
Di Fabio has used ambiguous language to evade resolving specific issues which arguably defines as obstruction of justice. Her response indicates that she had no intent to process the complaint in the first place. Di Fabio must substantiate reasons for refusal or delay by citing facts or legal precedents.
Instead of taking action to mitigate damage, Di Fabio obstructed and delayed justice then denied it contrary to law. Her delaying tactics can only interpret as political expedience given the involvement of three former Labour ministers, arguably accessories after the fact to international crimes, who form an integral part of the issues upon which the threatened GBH and complaint to Lewisham police premised.
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A Collusive, Coercive, Disingenuous Quintet |
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Straw |
Ricketts |
Sheinwald |
Miliband |
Thomas |
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David Miliband MP, Former Secretary of State for Foreign and Commonwealth Affairs; Sir Peter Ricketts, Permanent Under-Secretary and Head of the Diplomatic Service; Sir Nigel Sheinwald, British Ambassador to the United States; Jack Straw MP, Former Secretary of State for Justice and Lord Chancellor; and Gareth Thomas MP, Former Parliamentary Under-Secretary of State, Department for International Development colluded in a cover-up of HM Foreign and Commonwealth Office dereliction with Jeremy Dear, General Secretary, National Union of Journalists.
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Di Fabio did not present a legal argument based upon the facts. Moreover, she did not consider the issues in pari materia by applying procedures, rules or general laws enacted at different times which pertain to the same subject or object and interpret in light of each other since they have a common purpose.
Di Fabio started her response by knowingly making a false and misleading statement: “Your complaints specifically are as follows: That PC Bob Smith was discourteous and “abused his authority” when taking a telephone crime report from you.” Complainant did not claim that Smith abused his authority and Smith did not take a telephone crime report from Complainant.
The complaint did not refer specifically to Smith; instead, it referred to evidence contained in a comprehensive document which Di Fabio has ignored.
[IPCC Portfolio]
That portfolio references three Metropolitan(Lewisham) police officers:
DI Jennifer Di Fabio #9101
PC Tony Glocking #191846
PC Robert Smith #181658
Complainant totally rejects Di Fabio’s assertions as false, misleading and a distortion of facts that reflect the true position. She has effectively acted as her own prosecutor, jury and judge then found herself not guilty. Arguably, her neglect to provide due process ranks as gross misconduct by failing to meet the Standards of Professional Behaviour expected of a detective inspector.
Since Complainant’s telephone conversation with Di Fabio (confirmed in writing) and her subsequent stonewalling, Wheal, in a consort with Roy M Mincoff, NUJ In-house Solicitor (SRA #112029) already the subject of multiple complaints filed with Solicitors Regulation Authority (SRA) and named in a request for a Public Inquiry submitted to Kenneth Clarke QC, Lord Chancellor and Secretary of State for Justice, have continued their campaign of harassment of Complainant.
[The Plod Thickens]
NUJ employed two legal officers during the past decade: Claire Susan Kirby (SRA #21078) and Roy Martin Mincoff (SRA #112029). Both Kirby and Mincoff allegedly committed gross professional misconduct presently under investigation by SRA. They allegedly conspired with Labour government ministers for almost a decade to pervert the course of justice by use of railroading, anarchistic arbitrage and kangaroo courts in attempts to cover up dereliction by Seattle UK Consul David Broom also Foreign and Commonwealth Office (FCO).
The Labour government then paid NUJ a £262,000.00 “educational grant” as an incentive to drop support of the Complainant. FCO destroyed incriminating documents then delayed and denied investigation of complaints for almost a decade. De Fabio has used the same obstructive techniques to further harass and abuse Complainant by delaying and denying justice.
[Quid Pro Quo] [NUJ Code of Conduct]
Mincoff, a rogue lawyer, has a history of filing false and malicious criminal complaints against elderly NUJ members and withholding documents from their solicitors to delay process. He has taken advantage of the three-month delay by Di Fabio to further harass and abuse Complainant by filing false and misleading charges against him with Metropolitan Police which form part of a pattern or practice of “retroactive preemption”. Di Fabio, by her inaction and alleged professional misconduct, has joined several other police divisions in obstruction of justice by tacitly granting Wheal, Mincoff and other NUJ officers and officials impunity to harass elderly NUJ members.
[Dear Smear Campaign] [Agism] [Derogation] [Trade Union and Labour Relations]
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Several thousand documents archived over a decade support all contentions made about people named on this Roll of Dishonour. Linked articles provide a general description of malfeasance by NUJ officials and officers related to referral of criminal complaints against them to law enforcement agencies. NUJ officials and officers, also law enforcement and government executives, have not addressed many issues although they have had ample opportunity to do so. Instead, they have resorted to ad hominem (insolent appeal to personal considerations rather than to fact or reason using lies, misrepresentation and stonewalling). Updates of assertions and dereliction by successive In-house Solicitors now under investigation by Solicitors Regulation Authority for gross professional misconduct will soon parallel new criminal referrals to law enforcement agencies against Jeremy Dear, Roy M Mincoff and several other NUJ officials. The following perpetrators have colluded in a massive cover-up of alleged criminal activity by NUJ/IFJ officials and officers: Jeremy Dear, NUJ General Secretary. Barry Fitzpatrick, NUJ Head of Publishing. Reginald [Tim] Gopsill, former Editor, Journalist Magazine. Claire S Kirby, former In-house Solicitor (SRA #21078) Roy M Mincoff, NUJ In-house Solicitor (SRA #112029). Michelle Stanistreet, NUJ Deputy General Secretary. John Toner, UK Freelances National Organiser. Aidan White, IFJ General Secretary. Stephen Brookes, Disabled Members Council. Donnacha Delong, New Media. James Doherty, Scotland. Peter Murray, President. Nick Serpell, Broadcasting. Philip Sutcliffe, London. Christopher Wheal, Chair, Professional Training also Chair, NUJ Extra. Angus Batey, Member Humphrey Evans, Member Pat Healy, Vice-Chair Larry Herman, Member Jim Humphries, former Secretary David Rotchelle, Chair Elizabeth Adderley, Detective Inspector (#000) David Cockburn, Certification Officer and Solicitor (SRA # No Record) Thomas C James, Police Constable Arlene McCarthy, Member of European Parliament (MEP) Anthony O'Donnell, Chief Inspector Scott R Parsons, Trainee Detective Constable John Pollock, Chief Superintendent (#000) Jeremy Burton, Chief Superintendent, Borough Commander |
Metropolitan (Harrow) police officers have delayed Crown Prosecution Service (CPS) action (allegedly through nepotism) for more than a year after a physical assault upon the Complainant which caused bodily harm for which police officers found probable cause and issued an arrest warrant. That incident followed an attempted abduction reported to NUJ which NUJ officials and officers ridiculed despite the police record. Cheshire Constabulary acted in a similar way on an associated physical GBH assault in Chester.
The threats and actual GBH harm retaliate against Complainant for reporting a series of crimes to law enforcement agencies and publishing details of them in accordance with journalism ethics. That retaliation repeats the violence that NUJ allowed to occur in Seattle during attempts to kill Complainant.
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The Seattle incidents remain unpunished despite a unanimous finding of nine Washington Supreme Court judges and a Seattle judge in Complainant’s favor predicated upon a writ similar to habeas corpus. The judges ratified Complainant’s journalism rights to expose crime and publish information for the public good.
Di Fabio did not interview Complainant apart from a single telephone conversation or compile interrogatories to ascertain the facts. Instead, she has effectively railroaded Complainant by delaying investigation of criminal conduct by NUJ, criminal and unprofessional conduct by Mincoff and threats of GBH by Wheal also gross misconduct by police officers. By that, Di Fabio has allegedly committed gross misconduct by failing to meet Standards of Professional Behaviour expected of all police officers. Justice delayed is justice denied. [Abuse of Process]
nota bene - Superintendent Lisa Crook - 18 Apr 11
The Metropolitan (Lewisham) Police Division tragicomedy continues with an email message from Superintendent Lisa Crook, MPS (Lewisham). Despite knowing that Complainant had filed an appeal with Independent Police Complaints Commission (IPCC) about Detective Inspector Di Fabio’s response in the case, Crook has allegedly attempted to create a “retroactive preemption” of what has effectively become a sub judice situation.
In an attempt to preempt IPCC appellate action, Crook wrote within one hour of receiving a media release about the Di Fabio appeal: “Clearly this is a serious matter. Although DI Di Fabio is not an officer under my direct command, and I do not have knowledge of the incident as Head of Professional Standards I will ensure that the matter receives immediate attention and is investigated by DPS”.
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Crook implies as Head of Professional Standards that she does not know about the filing of the case with her division after more than five months have elapsed and the filing of an IPCC Professional Standards complaint more than a month ago. She should know that on appeal of a Professional Standards investigation an IPCC staff member conducts an independent investigation of incidents that cause the greatest level of public concern, have the greatest potential to impact on communities and seriously implicate the reputation of the police service. This case falls into that category.
Di Fabio, by her inaction and alleged professional misconduct, joined several other police divisions in obstruction of justice by tacitly granting Christopher Graham Wheal, Roy Martin Mincoff and other NUJ officers and officials impunity to harass elderly NUJ members. Now Crook has exacerbated the situation by trying to create yet another delay.
Crook has emulated Roy Martin Mincoff, the rogue NUJ lawyer who has a history of filing false and malicious criminal complaints against elderly NUJ members and withholding documents from their solicitors to delay process. Mincoff took advantage of the three-month delay by Di Fabio to further harass and abuse Complainant by filing false and misleading charges against him with Metropolitan Police which form part of a pattern or practice of “retroactive preemption”. Crook has evidently attempted to further delay due process of law by trying to preempt the already filed IPCC appeal.
nota bene - Denial-of-Service Attack - 24 April 11
Following publication of this article, NUJ associates launched another Internet denial-of-service attack which destroyed Contra Cabal databases and mailing systems. This incident establishes a pattern or practice of sabotage over several years by using ‘bots that proprietary virus and malware aspplications cannot discover.
The term "bot" describes a robot program (or purpose-made malicious software) used by crackers (hackers with a specific malicious purpose) to perform repetitive tasks on a network or the Internet with intent to cause extensive damage to specific computer systems and web pages which eventually shuts them down.
NUJ officials, unable to respond to words with words, repeatedly resort to sabotage and other criminal activities to try to silence the messenger by destroying the message. Their cracker associate manufactures and uses 'bots to prevent publication of web page updates and media releases by sabotaging systems operation.
Before vandalizing the systems, the cracker deletes applications from the download directory to prevent reinstallation and destroys backup and restore systems which proves malicious intent. In most cases, repairs involve reformatting hard drives and reinstalling all programs and databases if the hardware has not received too much damage.
A pattern or practice means an intentional, regular or repeated violation of rights which manifest in two or more organized acts or instances which indicate ensuant activity. To establish a pattern, international laws generally require at least two acts or practices within a ten-year period to establish ensuant activity and a distinctive pattern.
A practice means repeated traits, acts or other observable features which characterize an individual and establish a legal pattern. An illegal pattern of conduct permits a person negatively affected by it to seek relief; especially, when resistance to statutes occurs in more than an isolated or accidental instance of conduct in violation of rules or law.
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During 2008, crackers at University of Washington (UW) orchestrated a pattern of denial-of-service attacks on Contra Cabal. They ran out of control for more than a decade by allowing their technicians to: crack computer systems; flood web sites; destroy academic databases; censor incoming and outgoing email; sabotage operating systems; deny access to paid accounts; coerce commercial internet providers to restrict service; and used taxpayer funds to cause damage to Contra Cabal computer systems in excess of an estimated $250,000.00/12. They also destroyed academic research databases of inestimable value, investigative journalism files, and university records on UW computers.
NUJ, requested to combat Internet denial-of-service attacks on its member, did nothing. Instead, their associates have instituted a similar program using identical malware to that used by UW to cause the recent damage.
There are many ways to crack systems and just as many ways to stop the cracking and expose the crackers as the Director of Communications, UW found out when FBI investigated Contra Cabal complaints and the University removed him from his $333,000/pa job. Metropolitan Police, Computer Crime Unit receives information each time an NUJ associated DOS attack occurs. [Washington State Cyber-Terrorism]
note bene - Independent Police Complaints Commission - 07 Jul 11
Neglect by Metropolitan Police Service (MPS) properly to investigate the grievous bodily harm threat by Wheal generated a referral to Independent Police Complaints Commission (IPCC). Mincoff, evidently acting in behalf of Wheal, filed backdated malicious criminal complaints against Complainant as a "retroactive preemption" which MPS used to delay and obstruct justice.
Matthew Ward, Casework Manager, IPCC wrote (26 Apr 11): "As the MPS did not record the matters you raised as a complaint under the Police Reform Act, Detective Inspector Di Fabio was incorrect to advise you that if [you] were dissatisfied with the steps she had taken, you had a right of appeal to the IPCC. I should stress that the IPCC cannot consider an appeal against the investigation of matters that have not been previously recorded as a complaint against police conduct under the Police Reform Act. . . . You should receive an outcome letter from the MPS, once that investigation has been completed. You should also be advised of your right of appeal to the IPCC should you be dissatisfied with the outcome of that investigation."
A year has passed since referral of the criminal complaint about threatened grievous bodily harm against Christopher Wheal (17 Jul 10) with MPS (Lewisham). Eight months have passed since Jeremy Burton, Chief Superintendent, Borough Commander Metropolitan (Lewisham) Police Division received a letter from Complainant (15 Nov 10) requesting that he mitigate damage caused by misconduct of police officers under his command.
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Burton neglected to respond in accordance with Police Reform Act 2002. That neglect allowed his officers to obstruct investigation of the complaint which has resulted in multiple harassment, age discrimination and bullying of Complainant by Wheal and Michelle Stanistreet, NUJ General Secretary. Stanistreet has evidently tried to force withdrawal of the complaint which effectively construes as intimidation of a witness.
The latest attempt (two letters authored by Stanistreet and Roy M Mincoff, NUJ In-house Solicitor) contains many conflicts of interest described in complaints already filed against Mincoff with Solicitors Regulation Authority. The letters contain bizarre false and misleading assertions and unfounded accusations that constitute criminal offenses.
Stanistreet has effectively acted as an accessory after the fact to the threat of grievous bodily harm by Wheal. She has condoned and used MPS dereliction and misconduct in a conflict of interest with her duty of care to Complainant, an NUJ member.
Superintendent Lisa Crook and Detective Inspector Jennifer Di Fabio have effectively done nothing to mitigate the situation in violation of Police Reform Act 2002.
They have:
1. Neglected to provide monthly updates on progress of a complaint investigation.
2. Obstructed an appeal to IPCC by not recording the complaint.
3. Neglected to furnish Complainant with an outcome letter on the progress of the investigation.
Complainant has heard nothing from MPS officers for two months while his life remains under threat.
Neither Mincoff, Stanistreet nor Wheal have mitigated the grievous bodily harm threat; instead, NUJ has commenced more harassment and issued more threats. By that, they have extended a derogation campaign that Mincoff has orchestrated for more than five years which now effectively protects Wheal from conviction.
Wheal's employer/freelance contractor National Union of Journalists (NUJ), a trade union to which Complainant has belonged for many years, has ratcheted-up coercion for him to drop the charges against Wheal. That coercion continues a pattern or practice of harassment, agism and fraud by Roy Martin Mincoff SRA #112029 (already subject to investigation by Solicitors Regulation Authority for multiple instances of professional misconduct) and Michelle Stanistreet, NUJ General Secretary. [Agism]
Arguably, through Mincoff's intervention and manipulation of SRA staff members, SRA has procrastinated on that complaint which has effectively granted impunity for Mincoff and Stanistreet to do whatever they want regardless of law. [The Law Society - Mincoff and Stanistreet]
The latest NUJ harassment amounts to nothing more than a bizarre continuation of an illegal stitch-up. That harassment has a direct connection to Wheal's threats of grievous bodily harm and retaliates for the referral of complaints against Wheal to MPS. Effectively, NUJ (Mincoff and Stanistreet) have supported Wheal in harassment, age discrimination and criminal acts.
In a distinct conflict of interest, NUJ has provided legal services to Wheal using an in-house solicitor (Mincoff) effectively paid a salary by Wheal's victim. NUJ members pay dues that provide salaries for NUJ officials, solicitors and staff. By that, they have an entitlement to legal representation as part of their membership contract. A distinct conflict of interest exists when Mincoff acts for one NUJ member against another and compounds his professional misconduct.
Burton has received a further request to intervene with Crook and Di Fabio and order them to follow Police Reform Act 2002 by furnishing a statement of probable cause so that the case can proceed. Anything less amounts to blatant denial of due process of law. MPS officers have arguably consorted with NUJ to quash a legitimate criminal complaint against Wheal by attempting to coerce the victim. By that, MPS has committed multiple acts of police misconduct and delayed process to deny justice.
Complainant costs to date incurred through neglect of Lewisham police officers to respond to the complaint in a professional and lawful manner amount to £14,420.00. Repairs and restoration of computer and mailing systems cost an additional £14,400.00.
See Portable Document File (PDF) for citations.
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© Copyright 2010 by Paul Trummel |
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