A hearing over alleged misconduct by three high-ranking police officers following accusations of a sexual offence at a retirement party will be held in private with the media and public excluded.
Acting assistant chief constable Marc Budden and detective chief superintendent Mark Warrender, both of Gwent Police, were suspended following an alleged incident at a retirement party held in Cardiff in June 2019 for former Gwent Police chief constable Julian Williams. Detective chief superintendent Warrender was suspended after an alleged sexual offence against a female officer with acting assistant chief constable Budden also suspended for alleged misconduct.
The two men along with another colleague, chief inspector Paul Staniforth, are due to face a misconduct hearing next month. The hearing will be heard behind closed doors after the media and members of the public were banned from attending following a ruling by the hearing chair after applications from Gwent Police and the three officers involved.
The decision to hold the hearing in private has been strongly criticed by Senedd members with one saying the hearing being made public is the “only way the community can rebuild trust with the force”. WalesOnline and our legal counsel and the BBC submitted a detailed application for the hearing to be heard in public but this was refused and it was ruled that instead the matter would be dealt with in private with no members of the press or public permitted to attend. Instead the only record of the hearing available to the media and public will be a brief summary posted afterwards which, according to a statement temporarily posted on Gwent Police’s website advising of the applications to hold the hearing in private, “could include the officers’ names, whether any standards were breached, whether any finding of misconduct or gross misconduct was reached and the final outcome imposed”.
Budden, who was listed under the online notice by the rank of chief superintendent, along with Warrender – who is also of that rank – have both been suspended on full pay since the summer of 2019 and it’s estimated they have received a combined gross total of at least £500,000 during this time. It is unknown whether Staniforth has been suspended.
Avon and Somerset Police carried out an independent investigation into the allegations of a criminal offence made against both Budden and Warrender. Following an investigation, which was directed by the Independent Office for Police Conduct (IOPC), a file was sent to the Crown Prosecution Service for consideration in 2020.
However in March 2021 the CPS said they would not be pressing charges. A CPS spokesman said: “Following a referral of evidence by the IOPC regarding the alleged conduct on two senior police officers the CPS has decided that our legal test is not met to charge them with any offence. We considered the offence of sexual assault against one officer and misconduct in public office and the improper exercise of police powers against the second officer.”
The IOPC at that stage said that further disciplinary action would be taken by Gwent Police. A force spokesman also said: “All officers, who are suspended pending an outcome of an investigation, are suspended on full pay. This is in line with police regulations.”
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Last month Gwent Police posted a notice on the misconduct section of its website which said: “An application has been made under Regulation 31 of the Police (Conduct) Regulations 2012 for the misconduct hearing in relation to chief superintendent Marc Budden, chief superintendent Mark Warrender, and chief inspector Paul Staniforth to be held in private.” It said the application had been made by the force and all three of the officers.
“It has been submitted that a private hearing is necessary: by reason of the law relating to anonymity of complainants following allegations of a sexual offence; in furtherance of the public interest in encouraging reporting of alleged wrongdoing; to protect the article eight rights of witnesses at the hearing and their families including those of the officers concerned.
“A private hearing would not prevent a notice being published pursuant to Regulation 27A which could identify: (a) the officers subject to hearing; (b) the professional standards alleged to have been breached; and (c) that it is alleged that the breaches are said to be so serious as to amount to gross misconduct.
“Upon conclusion of the hearing the panel will be invited to make an order for publication of an outcome in accordance with Reg 36(6) and (9). Any such notice could include the officers’ names, whether any standards were breached, whether any finding of misconduct or gross misconduct was reached and the final outcome imposed. Furthermore, if any officer were to be dismissed, he will by force of law, go on to the public Barred List held by the College of Policing pursuant to Part 4A of the Police Act 1996.”
The notice then invited members of the public or media “to make written representations in relation to why the hearing should be in public and or why they should be entitled to attend”.
WalesOnline submitted a 15-page document detailing our submissions as to why the hearing should be held in public. Our detailed representations included the fundamental principle of open justice with the then-Lord Chief Justice Lord Burnett saying in a legal judgement in 2018 that “the default position is the general principle that all proceedings in courts and tribunals are conducted in public”, adding: “This is the principle of open justice. Media reports of legal proceedings are an extension of the concept of open justice.” Within the same judgement Lord Burnett also said: “Reporting restrictions orders are therefore derogations from the general principle of open justice. They are exceptional, require clear justification, and should be made only when they are strictly necessary to secure the proper administration of justice.”
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In respect of the three grounds submitted as reasons by the applicants why the hearing should be held in public our representations pointed out that the media routinely covers cases involving alleged sexual offences, in which complainants are automatically entitled to lifelong anonymity in respect of those offences. However the hearing chair rejected our submissions.
Politicians in Wales have reacted with dismay to the ruling and called for the hearing to be held in public – warning that not doing so risks alienating women and undermining public trust in policing. Natasha Asghar, Conservative MS for South Wales East, said: “It is absolutely vital that the public has confidence in our police and gives them their full support in the tough job they do in keeping our streets safe. Anything which undermines public confidence is therefore a matter of great concern.
“Recent events such as the Sarah Everard case and the appalling misogyny, racism, and bullying revealed by a recent report into the behaviour of Metropolitan Police officers have seriously damaged the reputation of the service and will disgust the thousands of decent police pfficers who do a fantastic job. Women have been made cautious of dealing with the police and we must be reassured that such behaviour is not embedded in police culture and that every effort is made to root out deplorable and shocking attitudes. I support calls for this hearing to be made in public as it is in the interest of the public and the police that there is total transparency in this matter.”
Fellow South Wales East MS Laura Anne Jones added: “Quite clearly it’s in the public interest for the public to hear the full facts of this case, especially in light of the recent problems with the Metropolitan police. The full details need to be publicly available for all to see if the force is to rebuild trust with women in the community – otherwise Gwent Police risk alienating thousands of women in the area.
“Public expectations around standards of behaviour are quite rightly very high. I hope Gwent Police do the right thing and allow the hearing to be held in public – it’s now the only way the community can rebuild trust with the force.”
The hearing, due to take place on April 7, comes just months after Gwent Police issued a public apology to two women for the way it handled reports of abusive behaviour by a superior officer. The force settled a civil case with two former female officers who were abused by a senior male colleague.
In April 2019 a misconduct panel found PC Clarke Joslyn was domineering, controlling, and physically abusive to two women. Joslyn, who has since left the force, was in a position where he trained new officers.
In a statement released last November deputy chief constable Amanda Blakeman from Gwent Police said: “I met with the two women involved in this case to hear their experiences first-hand and to apologise to them on behalf of Gwent Police. I am extremely sorry that at a time when they felt most in need of our support that we let them down.
“Since I took up my role with the force nearly two years ago I have worked hard with the chief constable and other senior leaders to make a difference to the culture of Gwent Police not only on this issue but on all discriminatory practices. This work will continue to ensure Gwent Police is a safe and professional workplace for everyone.
“We have listened, reflected, and taken the actions needed to get this right in future. This is to make sure that if anyone within the force, or a member of the public, raises any concerns about the conduct of officers or staff that they can be confident of being heard and having the issues they raise investigated thoroughly. In the current climate this is critical to maintaining confidence in our services.
“We take any allegations of this nature very seriously and they will be thoroughly investigated and action taken. We will also work with individuals raising concerns to make sure they have the support they want and need.
“Public expectations around our standards of behaviour are quite rightly very high. There is no place in our force for inappropriate workplace behaviour or the abuse of an individual’s position to exploit others. We expect everyone within Gwent Police to maintain high standards of professional behaviour – the vast majority of our employees work tirelessly to serve our communities with professionalism, honesty and integrity.
“We are committed to identifying and taking action against those individuals who breach these standards. The public must have the utmost confidence in the integrity of our officers and we are very clear that anyone who undermines the public’s trust will have no future in this force.”
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