Friday, 5 October 2012

First the sentence, then verdict and dispense with evidence from the accused

Dear Mr Knights,

Thank you for your letter dated 20th September 2012, addressed to Constable
Miller of the Football Intelligence Unit. As you are aware from the letter
sent to you on 27th September 2012, this matter has now been referred to me
to investigate the concerns you raised. I have examined the file submitted
by Constable Miller and carefully considered the matters raised by you and
the complainant Mr. Packer, the Principal of the Everton Free School.

I note the assertions you make in your letter of 20th September 2012,
especially your claims to have only made a short visit to the Everton Free
School on 11th September 2012 and having only written one letter to Mr.
Packer. However, I have to point out that these assertions are contradicted
by the complainant, who outlines a number of meetings with you, including
the 16th June 2012 and 21st June 2012 , he also indicates that you have
made several remarks and comments about him on social media sites, that you
have called at the Everton Football Club Shop and at Goodison Park Stadium
asking to see him and he also details the occasion when you by-passed
security at the Everton Free School, entered the his office and confronted
his P.A. in an attempt to see the complainant.  Your actions have caused
the complainant and others to fear for their personal safety and constitute
an offence under the Protection from Harassment Act 1997.

The statement  of complaint from Mr. Packer is supported by members of
staff from the Everton Free School and Everton Football Club and to that
extent were verified by police officers prior to visiting you.  I am aware
that Constable Miller fully outlined and explained to you the allegations
of harassment during his visit to you at your home address before the
harassment notice was served upon you. I am also aware that during the
course of that meeting you stated to the officers that you were dismayed by
the police involvement but you did accept that you were passionate about
the issue of free schools and you accepted that you had attended the
meetings as outlined above and had communicated with the complainants by
way of letter and telephone, you also further accepted that you had visited
the school unannounced and stated that you would do so again.

Constable Miller explained to you at the time that police involvement in
this matter was not to stop lawful protest but to prevent the perceived
harassment from escalating.  Having reviewed the file I am satisfied that
the action taken by the police in this instance was lawful, proportionate
and in accordance with force policy.  I can assure you that Merseyside
Police do recognise the right of individuals to engage in lawful peaceful
protest and will facilitate such protest, however, when an individual's
actions go beyond lawful peaceful protest Merseyside Police will take
positive action.

Your concerns over Constable Miller being a member of the football
intelligence unit are noted, however, I must point out that he is first and
foremost a police officer who can be deployed on any duties. I have
reviewed his actions and note that he has assessed the matter on the facts
as presented to him and having thoroughly examined the details contained
within the file I can inform you that I wholly reject the suggestion that
Merseyside Police are seeking to deprive you of your democratic right to

I trust that I have fully addressed your concerns in this e-mail. If I can
be of any further assistance to you in relation to this matter do not
hesitate to contact me on the above e-mail address or telephone numbers


Karl Brennan
Inspector Force Operations

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