You couldn't make it up: it burgers belief

A man has spoken of his relief after a charge of criminal damage to two beef burgers was dropped by magistrates.

Stephen Morgan, of Loughor, Swansea, was first arrested for robbery after complaining about the late arrival of two burgers with a pizza order.

His solicitor said Mr Morgan faced 20 hours of police questioning which led to a charge of criminal damage and later claims of breach of the peace.

Security worker Mr Morgan, said: "I'm just glad sanity has prevailed."

His solicitor branded the episode "a waste of public money" after a brief hearing in court.

Series of Events

1. He ordered the beef burgers, worth £5, as part of a takeaway supper from a pizza outlet on 10 October.


2. When the order, from Pepino's Pizza parlour in nearby Gorseinon, arrived without the burgers, Mr Morgan complained.


3. He was told that the missing meal would be sent right over but when they failed to arrive he asked for a refund which he says the company agreed to.


4. However, the burgers arrived shortly after but Mr Morgan, who had already eaten, immediately rejected them.


5. Instead he insisted on £15 compensation for his trouble, which he was paid, and the burgers were discarded.


6. A four-man police team arrived several hours later and arrested him for robbery. He was then led from his home in handcuffs.
   

His solicitor, David Singh, said the case, which he said "must have cost a couple of thousand pounds at least" should never have come to court.

He said: "He was arrested by four policeman at home and then spent 20 hours in custody being questioned and giving statements.

"There was a brief hearing last week when the case was reviewed and that was re-reviewed at the weekend by lawyers before the case against him was dropped.

"It started off with him being arrested for robbery, from robbery he was charged with criminal damage then they tried to allege a breach of the peace, now it's zero.

Mr Singh said the company's compensation policy of giving the food for free meant the burgers by that time belonged to his client.

Mr Morgan said: "I have just started a security business training dogs for the police and the army out in Afghanistan.

"I have had a lot of backing and government contracts and if I had got a criminal record I would have lost my licence to operate.

"It's just a relief it is all over."

Nobody from Pepino's Pizza was available for comment.

But a spokesman for the company had previously told the South Wales Evening Post that customers who got the wrong food got their money back, and free food.

"We have a good reputation. Out of 2,000 people who eat here, 1,999 are happy," he added.

Domestic violence affecting work

Recent research is raising awareness after showing that between 10% and 12% of women experience domestic violence on an annual basis according to the British Crime Survey and despite significant under-reporting, one incident of domestic violence is reported to the police every minute.

It will come as no surprise that the experience of domestic violence can lead to an increase in absenteeism, poor timekeeping, and a fall in performance at work which lead to official warnings.

According to Women's Aid research, among employed women who had experienced domestic violence in the past year, 21% took time off work and 2% lost their jobs.

Vote blue, free Green!

Whatever your politics, this is rocky ground for civil liberties and even worse for the institution of Parliament.

Conservative immigration spokesman (and Welshman) Damian Green has been arrested and released on bail in connection with a series of leaks from the Home Office.

He was held on suspicion of "conspiring to commit misconduct in a public office," the Metropolitan Police said.

He was questioned by police but has not been charged and has been bailed until February. He denies any wrongdoing.

It is believed to be connected to the arrest of a man suspected of being a Home Office whistleblower.

Series of leaks

The BBC understands that a junior Home Office official was suspended from duty 10 days ago over a number of leaks and the matter was referred to police. He was arrested but not charged.
It follows a series of leaks, including:

• The November 2007 revelation that the home secretary knew the Security Industry Authority had granted licences to 5,000 illegal workers, but decided not to publicise it.
• The February 2008 news that an illegal immigrant had been employed as a cleaner in the House of Commons.
• A whips' list of potential Labour rebels in the vote on plans to increase the pre-charge terror detention limit to 42 days.
• A letter from the home secretary warning that a recession could lead to a rise in crime.
  

The BBC understands Tory leader David Cameron is angry about what has happened and stands by Mr Green.

Facebook slip forces juror dismissal

A juror has been dismissed from a trial in the UK after sharing details of the case on her Facebook profile.

Apparently she was unable to decide whether the defendants in a child abduction and assault case were guilty, so thought the best course of action would be to ask all her friends and relatives.

And, given her privacy settings were apparently not activated, the whole of the internet as well.
"I don't know which way to go, so I'm holding a poll" she wrote.

Dismissed

She was obviously dismissed for breaching one of the fundamental rules of jury service, after court officials received an anonymous tip-off.

While Facebook has been the source of numerous embarrassments over the years for countless people, it has also caused real trouble for people in their jobs, including the footballer who accidentally let slip he was going for a trial at another club, and an Australian man who was caught skiving off work when pretending to be ill.

[Pippa Wagstaff is currently on a blogging break]

Tragedy in Antigua

Going off tangent from politics, I couldn't help but notice that the police officer heading the inquiry into the murders of a British honeymoon couple in Antigua has quit. This will be of little or no comfort to both families during their time of grief. My second thought - after trying to get my head around what the families must be going through at the moment - was one of cynicism. I can't help thinking that the two resignations are a desperate attempt by the island to save its tourism industry. Let's hope that their replacements and assistance from the UK will bring about a speedy but just arrest.

It also sickens me to hear that their families have been hounded for their stories by the insensitive element of the media, when they should be left alone to come to terms with their sad and tragic loss. May they both rest in peace.

The island's minister of justice said Detective Chief Ron Scott had resigned for personal reasons. The Canadian officer had been appointed in February to head and reform the local force.

Mr Scott had been supervising the inquiry into the fatal shootings of Ben and Catherine Mullany, both 31 and from south Wales.

The couple from Pontardawe in the Swansea Valley, were shot in their hotel cottage on 28 July, the last day of their honeymoon, in what police think was a robbery which went wrong. Catherine Mullany, who was training to become a GP, was killed instantly after being shot in the head.

Her husband, a University of the West of England physiotherapy student, died a week later after being airlifted to hospital in Swansea in a critical condition.

Several people have been questioned in connection with their deaths.

Mr Scott is the second top officer to resign in a month - Michael O'Neil, the former deputy commissioner left earlier.

Justice Minister Colin Derrick said a replacement for Mr O'Neil had been identified and was due on the island shortly.

No Dignity at Work: procedures were reasonable under the circumstance

The latest twist in the tale of how the Welsh Assembly Government deals with internal matters takes a turn into the predictable. This post now brings to a conclusion past posts on this blog.

A sexual harassment case investigation has recommended that the Welsh Assembly Government's "Dignity at Work" policy is scrapped.

The inquiry began when a manager was found in county court to have harassed a female colleague, after he had been cleared by an assembly investigation.

It emerged last month that Mr Evans had resigned from his job. The legal review concluded there was no evidence that any assembly government officials tried to cover up the allegations by Mrs Davies.

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It also concluded the decision they came to on the basis of evidence was reasonable.
But it recommended the Dignity at Work procedures should be suspended or even scrapped, and disciplinary or grievance procedures employed instead.
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Sir Jon Shortridge, the outgoing top civil servant in the assembly and who commissioned the investigation said:

It identifies certain deficiencies in the process we followed but concludes robustly that the conclusions reached through our Dignity at Work procedures were reasonable under the circumstance.

The main conclusion I take from the report is that it is essential for staff working for the assembly government to conduct themselves properly at all times and treat their colleagues appropriately.

This case has shown that where members of staff fall below this standard they create problems for themselves, their colleagues and for the organisation.

Instead of passing the blame solely on to certain undesirable members of staff, Sir Jon, as the outgoing Permanent Secretary responsible for nearly 7000 staff, should accept such responsibility at the top.

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What he should be doing, is apologising for having such inefficient procedures, on behalf of his management of the organisation and that of its Human Resources Department. Top-level civil servants need to show a little humility and accept blame, not shirking responsibility when faced with difficult issues. Pretending there is no problem with current policies, or simply leaving it for a successor to deal with does no good in the long run.

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It comes to no surprise how little the world changes.

Assembly civil servant resigns, but what about the inquiry?

Providing an update to earlier posts (here, here, here and here) it's been announced by the BBC that the civil servant involved in an alleged groping incident at the Assembly Government has now resigned.

The civil servant who was a highways manager in Ieuan Wyn Jones' department, was found in court to have sexually harassed a female Welsh Assembly Government colleague and has now resigned before a fresh internal inquiry has been concluded.

The Civil Court action took place in January 2008 and was followed on 15 January by an announcement from Sir Jon Shortridge, Permanent Secretary of the Welsh Assembly Government.

Sir Jon said at the time he was "very concerned" the court hearing had reached a different conclusion to the assembly government's own internal investigation. He ordered a fresh review and said the independent legal review would provide evidence on which he could decide whether any "further action I should take in this case and whether our procedures need to be changed and improved because of it".

This second Assembly inquiry is continuing into the incident, and is now coming up to the three month mark. Just how long does it take for such an inquiry to be completed?

Fresh Review by Assembly's Top Civil Servant

Today, Permanent Secretary Sir Jon Shortridge has announced that the Assembly Government is to hold an internal inquiry after a judge upheld complaints that a manager in the civil service sexually harassed a woman colleague.

An earlier internal inquiry found "insufficient evidence" to act but the assembly government's top civil servant has now launched another review. Sir Jon Shortridge said he was "very concerned" the court hearing had reached a different conclusion to their own internal investigation to consider whether assembly government procedures should be changed.

Sir Jon said:

I take very seriously my duty of care to all my staff...I am therefore very concerned that a recent civil case has reached a different conclusion on an allegation of sexual harassment of a former member of our staff from that reached by our own Dignity at Work investigation.

Because of this I have commissioned an independent legal review of the way in which our Dignity at Work investigation was undertaken.

I can decide what, if any, further action I should take in this case and whether our procedures need to be changed and improved because of it.

Along with Senedd Whip who has also posted on this, a cynical Miss Wagstaff wonders why closing the stable door after the horse has bolted will do any good.

Caring for Staff - Taking Care of Business - Public Relations - Clear Conscience...

Assembly Government: A bad week in the life of those in charge

The main Assembly story in the last week has been that of the alleged sexual harassment of a female worker. Mrs Davies story seems to be second in place to Peter Hain's funding dilemma, but nevertheless has filled newspaper columns in the last week of recess.

Mrs Davies has given her story to the Wales on Sunday and it doesn't paint those in charge in a good light. Senior civil servants must be angry that their procedures have been brought into disrepute and Permanent Secretary, Sir Jon Shortridge, must be hoping that his tenure will have a better ending when he leaves in April.

Christine Davies: Life of a woman working for the Assembly Government

SEX pest victim Christine Davies claims sexual harassment and bullying is widespread in the Welsh Assembly – and that women are intimidated by some male bosses on a daily basis.

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This week a court upheld a string of allegations made by Mrs Davies against top-ranking civil servant and married dad-of-four Graham Evans. Judge Patrick Curran QC decided that Mr Evans had assaulted his female colleague in a pub loo and made lewd, sexual advances towards her. Mr Evans, 54, from Caerphilly, now faces a hefty legal bill likely to run into thousands of pounds. As well as the case going against him, he has also been ordered to pay Mrs Davies’ legal costs.
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In her exclusive interview with Wales on Sunday, Christine:

• claims sexual harassment and bullying are rife in the Assembly;
• alleges she was frozen out by her colleagues when she made a formal complaint;
• says the Assembly covered up the sex assault to prevent bad publicity.

But last night the Assembly rejected the claims, saying:

We have had very few cases raised and our staff surveys, other feedback from employees and our Investors in People assessments do not support the assertion made that bullying and harassment is rife within the organisation.

Speaking from her home in Penarth, where she lives with her husband, Paul, Christine blasted the Assembly and claimed her ordeal was NOT an isolated incident. She believes staff have been harassed and bullied on a regular basis, and that they are afraid to speak out because they fear they will lose their jobs. Christine, 52, who retired from the Assembly in 2006, claimed:

Sexual harassment is rife in the Assembly, and there’s a handful of men who make women’s lives a living hell. The culture at the Assembly is very macho. Some men are very imposing – especially towards the women. They strut around in their suits, they have their in-jokes, and eye up the women. Women in the Assembly are regularly intimidated by a few men who feel they have the right to do what they want – to pass lewd jokes, to look them up and down, to mentally undress them.

Christine claims her life took a turn for the worse when she complained. She said:

I believe I am living proof of what happens when an employee of the National Assembly for Wales shouts ‘sexual assault’. I was transferred out, I lost everything that was my life, I feel I was branded a liar, my health suffered and I felt everything I held dear was turned upside down. I felt everyone turned against me and closed rank on me. One minute people were saying I was worth my weight in gold, but the moment I made my complaint I felt everything was withdrawn and I was totally frozen out. By the end I was on anti-depressants and I dreaded going to work to do a job I loved.

An internal investigation was carried out into Christine’s allegations – but it decided that there was not enough proof to uphold the claims against Mr Evans. But she maintains that the Assembly was desperate to keep the matter quiet in an effort to avoid bad publicity. Christine Davies said:

The Assembly is a cesspit where this kind of thing just gets swept under the carpet. The letter they sent me with the result (of their investigation) wasn’t signed and wasn’t dated. I was told that I couldn’t go back to my job and I would have to be moved to a different part of the Assembly.

Despite the outcome of the investigation, Wales on Sunday has seen letters written by Alistair Davey, the Assembly’s Equal Opportunities Office, admitting that Graham Evans had “not been fully exonerated”. Yet despite the finding, he remains in a high-profile role as a highways chief within the government. Meanwhile, Christine, whose father tragically died just days after the sexual assault, says she believes he guided her to victory in the County Court. She said:

My father was there in the courtroom with me and he’s been there every second of the way. We had a special bond between us and I absolutely adored him. In the court I just kept staring at a photo of my dad. He was smiling back at me – and he’d be so proud of me now. It’s been an uphill struggle. I could not believe that something I’d been fighting for over so many years had actually happened. The reason that the judge’s decision was so important means that now I can reach out to everyone else that’s in the same position. I want the women at the Assembly to say, ‘if you stick your heels in you can win’. I want to give people the courage and the determination to come forward and stand-up for themselves. I never did it for the money. I said to my solicitors that if his lawyer ever tried to reach an out-of-court settlement I didn’t want it – I wanted women to know what this man had done.

An Assembly spokesperson said:

We take any accusation of bullying and harassment very seriously. We have a robust Dignity at Work Policy which includes an initial assessment by a case panel and then an independent investigation into any claim of bullying and harassment – this ensures that matters are thoroughly considered. We have had very few cases raised and our staff surveys, other feedback from employees and our Investors in People assessments do not support the assertion made that bullying and harassment is rife within the organisation. All investigations are dealt with professionally and appropriate legal and medical advice is taken to ensure that cases are properly considered. All decisions are open to appeal. With regards to Mr Evans, we do not comment on issues relating to members of staff.

We know that this is just one side of the coin and I'm positive that the majority of women who work there are content with their working environment, particularly those in certain senior management grades who are doing well in the light of positive discrimination. The Assembly is also a great supporter of women attempting to achieve a fair work-life balance. This is not to say that any such promotion isn't deserved, but Mrs Davies' picture of a woman's life in the Assembly isn't one that most women experience and deal with on a day-to-day basis.

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Comments are closed on this post as plenty was said HERE and HERE.

AMs Question Internal Inquiry by the Civil Service

Following on from Miss Wagstaff's post on internal investigations carried out by the Welsh Assembly Government, it is now reported that two Assembly Members are questioning the decision of the senior staff of the Welsh Assembly Government to hold such an internal inquiry in the first place.

A court this week decided that Graham Evans, 54, of Penpedairheol, Caerphilly, had made lewd comments to a female colleague and assaulted her outside a pub toilet. He currently works as a highways chief for the Welsh Assembly Government and is also a respected soccer referee for more than 20 years.

The Western Mail reports:

Cardiff Central AM Jenny Randerson said the court’s decision threw up questions on how the Assembly had previously conducted its own investigation into the matter:

This must have put Mr Evans’ job in serious doubt. My concern is that this story was related to sexual harassment and that there had been an internal investigation carried out by the Assembly and no action had been taken. That must now be looked into. It was stated there had been no evidence, but there was obviously enough evidence in the court case. This must also call into question the Assembly human resources procedures.

The court case has also left Mr Evans’ role as a referee [football] in an awkward position as he takes charge of women’s games and also acts as referees’ instructor for up-and-coming officials.

Plaid Cymru South Wales Central AM Chris Franks said:

This case has potential for further legal and disciplinary actions. I haven’t had any prior knowledge of the issue. These matters are dealt with by senior civil servants and AMs tend not to be involved. Senior civil servants would have been responsible for investigating the initial complaint and we must hope the matter has been fully and properly investigated. Senior civil servants must insist that all staff are properly treated in their professional lives.

Judge Patrick Curran QC, who decided the case, found Mr Evans to be neither a “straightforward” or “careful” witness. And he pointed out the transport chief even tried to backtrack on his own statement which he originally swore was true.

The revelations pile yet more pressure on the troubled civil servant.

In his written judgement, Judge Curran said:

He was and still is an established team leader with a great deal to lose if he had been caught engaging in misconduct of the type alleged. He sought, on a detail of considerable importance to one aspect of his case, to depart from a statement made in a witness statement in respect of which he had signed a statement of truth.

The Welsh Assembly Government has since refused to comment on the case. The stance has been matched by the Football Association of Wales.

Assembly Senior Civil Servant Accused

The Wales on Sunday, Daily Mail and South Wales Echo have reported in the last few days on a civil court action concerning two Assembly civil servants in relation to sexual harrassment and assault.

I'm disturbed by the following statement:

An internal investigation was carried out by the Assembly Government after Mrs Davies filed a complaint in September 2003. Mr Evans was cleared after the inquiry concluded there was insufficient evidence against him.

Internal investigation! If accusations are made and a crime has allegedly been committed then the police should've been informed. It should distress staff and the wider public that such organisations can try to take matters into their own hands.

Call me an old fashioned girl, but I thought it was up to the police to examine all the evidence and to determine whether or not a crime has been committed - then take the appropriate action. It shouldn't even be an internal disciplinary matter to begin with. Organisations shouldn't try to take these matters into their own hands, even if their intentions are honourable to begin with, as it just looks as it they are attempting a cover up in the long run.

Whether a crime has or hasn't been committed in this case, a civil court action doesn't suffice and something should've been done nearer to the time of the alleged incident(s). Because of the actions of the organisation and the lack of action from both individuals at the time, we have now experienced a trial by media and speculation.

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Update: The BBC and Western Mail have reported that Mr Evans has been ordered to pay damages for sexually harassing a female colleague. Judge Curran QC said Mr Evans' assertion that Mrs Davies had conspired with a colleague to invent the story "bore all the marks of desperation".

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Mrs Davies said she complained to senior assembly officials who launched an internal investigation into her claims. But the court heard officials took no further action against Mr Evans because of "insufficient evidence". She resigned from her job on medical grounds.

An assembly spokesman said he could not comment on the case or confirm whether any action would be taken against Mr Evans.