Wayne Moore

Martin Horwood Excerpts

Tuesday 11th September 2012 Commons Chamber

[Diana Johnson (Kingston upon Hull North) (Lab)]

May I start by welcoming the Minister to his place and his new role, and also extend my thanks to him for contacting me in advance about this evening’s debate? I am very pleased to have secured this Adjournment debate concerning my constituent, Mr Wayne Moore. I sought this debate as a previous Government Minister had refused to meet me about my constituent and because of the appalling way he has been treated. I will set out the facts and the key issues.

In May 2008, Wayne Moore was working as a chef in Germany, as a self-employed contractor for an agency employed by the Ministry of Defence. On 25 May 2008, he was seriously assaulted by a serving member of the British forces. He was so seriously hurt that he had to be revived twice. This attack has had considerable consequences for Wayne in terms of continuing illness, long periods of not being able to work, depression and anxiety, as well as post-traumatic stress disorder.

After the attack, I would have expected the Royal Military Police immediately to carry out a thorough investigation to put a case together for the relevant prosecuting authority to act upon in a timely manner. However, what appears to have happened is a very shoddy, inadequate investigation. We now know that although CCTV had been viewed at the time, it was not captured as evidence. Forensic evidence was not obtained and medical evidence was not properly sought and looked at. It is important to note that the Special Investigation Branch originally took a statement from Wayne. That happens only when serious assaults take place, which indicates the severity of the attack. I understand that the assailant was identified by a witness, but Wayne was never invited to confirm the identity of the attacker. It came to light later, when a local MEP asked whether the German police had been notified at the time of the assault, that once again a mistake had been made in the initial investigation as the RMP had wrongly thought both assailant and victim were British forces; it had not even been bothered to find out that Wayne was a civilian.

Of further concern was the fact that after such a vicious attack on a contractor of the British Army, the British Army provided no victim support or other care and advice to Wayne. He was not contacted or kept informed of the progress of the case in those early weeks and months, and this pattern was to continue for the following four years. So Wayne contacted his then constituency MP, the hon. Member for Cheltenham (Martin Horwood), who wrote to the MOD on 14 August to find out what was going on, asking whether Wayne would be asked to confirm the identity of his attacker and whether there was to be an identity parade. I pay tribute to the hon. Gentleman and his caseworker, Roberta Crawley, for their hard work and persistence over the years that followed in challenging the Ministry of Defence on Wayne’s behalf. I also pay tribute to Paul Carbert, in my office, for his work over the past year.

The first letters from the MOD initially claimed that Wayne had left Germany and not given contact information to the Army. That was wrong and the MOD later had to admit that contact information had been provided by Wayne in June. It also said that an identity parade would be arranged, and a video identity parade by electronic recording was scheduled to take place at Wayne’s home on 23 September 2008. However, less than 24 hours before, on 22 September, he was told it was to take place at a barracks, which was both insensitive, because of the location of the attack, and very short notice. After the ID parade, nothing further was heard. Wayne had to chase the outcome and be told that he had identified the wrong person. That was never confirmed to him in writing.

On 15 November 2008, the MOD said that the case file was being completed and would be sent on to the appropriate authority and, once it was finalised, Wayne would be sent an inquiry outcome notification letter to update him on progress. On 26 November 2008, a letter was apparently sent to Wayne, but he never received it. If the Minister looks at that letter, he will find that it certainly gives the impression that the case had been sent to the prosecution authorities and that the perpetrator would be brought before the courts. As Wayne did not know that, he contacted his MP again and the hon. Member for Cheltenham wrote again on 15 December 2008 and 13 February 2009 raising concerns about what was happening and about the conduct of the investigation. On 9 March 2009, the MOD stated that a letter had been sent on 26 November 2008 but also agreed that a review of the investigation was to take place. A letter dated 31 July 2009 from the relevant Minister said that the review was taking longer than expected but expressed the hope that he would be able to advise of the outcome in the near future.

I now want to refer to the letter that then did follow, that of 19 August 2009, which listed the findings of the independent review of the military police’s involvement in the case. I shall read a couple of sections of that letter. It came from an MOD Minister and it stated:

“In summary, the Reviewing Officer has concluded that although there were missed investigative opportunities in this case, these errors would not have altered the outcome of the investigation. Nevertheless, it would appear that the RMP and the Army did not provide Mr Moore with the support that he should have been able to expect from this Department. I apologise for this and I can assure you that a number of lessons have been learnt.”

“As part of the Review, the RMP Reviewing Officer identified a number of missed investigative opportunities: CCTV footage was viewed but not recovered; potential witnesses to the assault were not identified; opportunities to recover medical and forensic evidence were missed and there were unnecessary delays, which in one case led to a witness declining to provide identification evidence. Importantly, there was a general lack of higher level supervision which led to the investigation as a whole taking too long.”

It continued:

“While the identification of further witnesses and more complete medical evidence may have given the Commanding Officer and his legal advisers a more detailed understanding of the facts, it is the view of the Reviewing Officer that this would not have changed the outcome of the investigation.”

It also said that the reviewing officer had “highlighted failings” in relation to

“how Mr Moore, as a victim of crime, was kept informed of progress of the investigation and of the subsequent decision not to charge the alleged offender with any offence.”

It also commented on how the outcome notification letter could have misled anyone reading it.

As a result of that letter, Wayne Moore had a personal meeting with the reviewing officer, Lieutenant Colonel Grainger, who, it transpired at the meeting, was ignorant of many of the facts of the case. He thought that there had been “a coming together” of the two men, but did not know that Wayne had been resuscitated twice and also that the SIB had been involved. In Lieutenant Colonel Grainger’s own words, it would have been involved only in life-threatening cases.

So the hon. Member for Cheltenham wrote asking for a further review on 23 October 2009, and in February 2010 the relevant Minister sent the case to the independent case file assessor. In April 2010, the independent assessor recommended a more detailed look at the medical evidence and at whether any variation to the seriousness of the original offence should be considered.

On 8 September 2010, we had a new Government and a new Minister. The Minister wrote that he was getting on with obtaining the medical evidence and that it would be sent to the Service Prosecuting Authority. On 31 March 2011, the Minister wrote again saying that it had taken a long time to get the medical evidence and that he was now seeking information from the SPA on how to proceed.

Further chasing letters were sent by the hon. Member for Cheltenham in May, June and July 2011. Finally, an e-mail from the SPA in July 2011 confirmed that the case had never been referred and a letter from the Minister in September 2011 admitted that the case had never been passed on. That is one year’s further delay in Mr Moore’s case. I became involved in the case in October 2011.

[Martin Horwood (Cheltenham) (LD)]

I commend the hon. Lady for securing this debate and for the extremely diligent and committed way in which she has pursued and taken up this very disturbing case. Does she agree that it demonstrates a truly appalling series of failings in the investigations, the administration of the case by the different authorities, the communications between them and, above all, the communications between those authorities and Mr Moore, who has only ever sought justice for the injuries he received?

[Diana Johnson]

I am very grateful to the hon. Gentleman for that point, which he makes very well. It clearly sets the context of the debate.

I met Wayne in October 2011 when he moved to Hull and on 31 October 2011 I raised concerns with the then Minister about the fact that the case was progressing so slowly. The Minister said that the case was still under consideration by the SPA and I chased that again. Wayne finally received a letter dated 10 April 2012, nearly four years after the original assault. It stated that the SPA had concluded that there was no realistic prospect of conviction, and suggested that Wayne was drunk when the attack happened and that the attacker was acting in self-defence. That was the first time that this version of events had been suggested and I must say that I was shocked that after four years Wayne was being accused of assault. It also occurs to me that if the Army really thought that that was what had happened, it had completely failed in its responsibilities to investigate the case fully.

I therefore asked for a meeting with the Minister to discuss the case on 23 May 2012. I was refused, which is why I have come to the House and why I sought a debate from Mr Speaker. I believe that there has been a catalogue of errors and incompetence from start to finish in the investigation of the attack on Wayne Moore. From the file it is quite clear that Ministers were signing letters in good faith, but I believe that those letters were misleading in retrospect. The Ministry of Defence needs to look very carefully at how Ministers were put in that position.

I believe that the MOD has to explain a few things. The first is the delay and incompetent investigation by the military police at the start. I find it incomprehensible that the MOD could conclude that the missed investigative opportunities would not have altered the outcome of the case. Secondly, the MOD must explain the lack of updates and support for Wayne, a victim of a serious assault, and its failure to deal with matters in a timely way. Thirdly, it must explain the perceived bias of an investigation in which the alleged attacker was a member of the armed forces and the victim was a civilian. Fourthly, it must explain why the first review was carried out by Lieutenant Colonel Grainger, who clearly did not know the facts of what had happened, and whether the MOD feels that a new review should now take place with all the evidence made available.

I think that the MOD should apologise to Wayne for how the Department has acted over the past four years and for trying, four years on, to claim that Wayne Moore was the perpetrator of the assault when that question was never raised before and has caused him enormous distress. I realise that the Minister present this evening is a new Minister, but I hope that he has some answers for Mr Moore, who feels very aggrieved about how he has been treated. He is a law-abiding citizen who is doing his best and who has been out of work for many years now, and he feels that he has been very shabbily treated.