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Penguin News Update

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Headlines:
Norma collects her medal from the Queen; AG: ?Offences couldn't be ignored'; Vandalism spree lands man in jail; Princess Ann to visit; This week's cruisers; ?Aldo' injured in Lebanon; Penguin News out early.

Norma collects her medal from the Queen

FORMER councillor, Norma Edwards OBE, collected her medal from Her Majesty the Queen at Buckingham Palace on Wednesday. In her unique way, Norma said she had not felt nervous beforehand about meeting the Queen but added, "I just hoped I didn't make too much of a pig's ear of the curtsey." She said that during the presentation the two of them briefly chatted about the joys of being a grandmother. A party at the Union Jack Club in London was held in her honour by the Falkland Islands Association on Wednesday evening. Pictured: Norma Edwards OBE with her husband Roger and a new friend from Buckingham Palace. Picture: S Cameron

AG: ?Offences couldn't be ignored'

THE Attorney General has defended the decision to bring criminal prosecutions against two police officers saying the nature of the alleged offences meant they could not be ignored or handled, "...in anything other than the most serious way." Responding to a number of issues raised by Penguin NewsManaging Editor Jenny Cockwell in her editorial column last week, Melanie Chilton revealed much of the background to the prosecutions of the Chief of Police, Superintendent David Morris, and former Detective Sergeant Jonathan Butler. Addressing how the criminal prosecutions of Mr Morris and Mr Butler were deemed to be in the public's interest, Mrs Chilton said that following a "thorough and independent" investigation by the Metropolitan Police Service who had been commissioned for the purpose by the former Governor, the then Attorney General (Mr David Lang QC), instructed Mr John Kelsey-Fry, Queen's Counsel, to prepare a written opinion for his consideration. "Mr Kelsey-Fry is a vastly experienced and eminent criminal barrister," Mrs Chilton said, "recommended by the Crown Prosecution Service of England." He advised "in the clearest terms" that, not only was there sufficient evidence to prosecute, but that the prosecutions were in the public interest, an opinion the Attorney General concurred with "after careful deliberation". Mrs Chilton said Mr Kelsey-Fry concluded without reservation that the prosecutions were in the public interest having regard to the serious nature of the charges against police officers of some seniority. "The decision as to whether to prosecute any alleged criminal offence is for the Attorney General alone to make." In her editorial, Mrs Cockwell asked why Mr Morris and Mr Butler were prosecuted before the criminal courts instead of disciplined. These were serious allegations, Mrs Chilton said. "Police officers are in a position of trust. The nature of the alleged offences could not be ignored or handled in anything other than the most serious way. "Criminal allegations such as these should be dealt with by the criminal courts rather than by disciplinary proceedings, unless it is not in the public interest to prosecute. Where a person is charged with a criminal offence that person has enforceable rights enshrined within the Constitution, which are encompassed within a defendant's right to be ?afforded a fair hearing within a reasonable time by an independent and impartial court of law'. "Such hearings are transparently held in open court, in the presence of the public and press, and in accordance with the due process of the law, with avenues of appeal, and access to legal aid in appropriate circumstances. Further, a person can only be found guilty if the Judge is satisfied that the defendant is guilty beyond all reasonable doubt." Disciplinary proceedings are of a different nature, she said. "A disciplinary charge against Mr Butler would have been dealt with in accordance with the Police Ordinance 2000, and heard by a Presiding Officer appointed by the Governor. The Presiding Officer determines what the procedure at the hearing should be." These proceedings are held in private and members of the public and the press cannot attend. Mrs Chilton continued, "Although a police officer may be legally represented where sanctions such as dismissal or reduction in rank may result, there is no legal aid. The burden of proof under the Ordinance is a lower one, in that a disciplinary charge may be proved ?on a balance of probabilities'. "Following the hearing of evidence the Presiding Officer decides whether the charge is proved, and then submits a record of the hearing to the Governor, who decides whether or not to accept or reject the Presiding Officer's findings and determines any sanction." In the case of Mr Morris, being the Chief Police Officer, the Police Ordinance provides that any disciplinary proceedings should be dealt with under the Management Code with any hearings held in private. A legal practitioner may represent at a hearing, but no legal aid is available. Such a hearing takes place before the Chief Executive or a Chairperson appointed by him, a legal officer and the Director of Human Resources. The Presiding Officer makes a report of his findings to the Chief Executive, who makes recommendations to the Governor as to any sanction. "At no time did the defendants make any representations to the prosecution that they should be dealt with by disciplinary instead of criminal proceedings," Mrs Chilton said. More on page 2.

Vandalism spree lands man in jail

A TWENTY-one year old man has been jailed for three months after he embarked on a spree of vandalism in June last year, causing more than £11,000 worth of damage. Andrew James MacDonald was sentenced in the Senior Magistrate's Court on Wednesday after pleading guilty to three charges of criminal damage, four of vehicle interference, three of theft and taking a vehicle without consent. Crown Prosecutor Ros Cheek said that Mr MacDonald had provided additional information to the police by interview in November and had admitted taking Kathleen Dobbyns' Land Rover, a charge he had formerly denied, driving it to the Canache and smashing it into a ditch. He also asked that another offence be taken into consideration when sentencing, admitting that he had caused damage to a Subaru Justy belonging to Melvyn Clifton. Continued on page 3.

Princess Ann to visit

BUCKINGHAM Palace has announced that Her Royal Highness The Princess Royal will visit the Falkland Islands between January 12 and 15, 2007 on her way to the Antarctic and then to Chile. A programme is being drawn up for her visit to the Falklands, which will be discussed with members of her office during their recent visit in early December.

This week's cruisers

NG ENDEAVOUR (with around 118 passengers) will visit Stanley today, while Clipper Adventurer(122) will call into Sea Lion Island and Bleaker Island. She will head to Stanley on Saturday, Steeple Jason on Sunday and Carcass and Pebble Islands on Monday. On Tuesday, Norwegian Crown (1050) will visit Stanley, while Molchanov (48) will be at New Island and Carcass Island before heading to Stanley on Wednesday.

?Aldo' injured in Lebanon

A MINE disposal officer who served in the Falklands for more than four years has lost part of his leg in an explosion in Lebanon. David ?Aldo' Alderson, who is known to many Islanders, was working for the UN when he stood on a mine last Friday, November 24.

Penguin News out early

DUE to Friday December 8 being a public holiday to mark Battle Day, Penguin Newswill be on sale a day early next week, on Thursday, December 7