Summer Adjournment

Peter Bottomley Excerpts

Tuesday 24th July 2018 Commons Chamber

[Sir Peter Bottomley (Worthing West) (Con)]

I am grateful for the chance to speak. If my leg stops me being here at the end, it is not that I want to miss the reply from the Minister, but I want what I say to be shared with the Metropolitan police, the Crown Prosecution Service, the Secretary of State for Justice and the Home Secretary. I will send it to the Prime Minister as well, who, in answer to my question at Prime Minister’s questions some months ago, remembered the meeting I had with her when she was Home Secretary. It goes back to the disgraceful case of the prosecution of former Sergeant Gurpal Virdi, one of the finest Metropolitan police officers I have known. I could go through a great deal of detail, but I will respect my colleagues who also want to speak.

Perhaps I can start by saying that, when speaking about the police, what comes to mind are stories of reliability, calm bravery and dedicated individuals. I hold Gurpal Virdi in the highest regard, both as an officer and as a friend. I have known him and admired him for nearly 20 years. It was an honour to be with his family at New Scotland Yard when senior officer Bernard Hogan-Howe—before he became Commissioner—apologised on behalf of the then Commissioner for the treatment Gurpal had been subjected to by the Metropolitan police. Hogan-Howe awarded him with a delayed special commendation for exemplary conduct in the case of a near fatal attack on a foreign student. How is it possible that such an impressive officer could be persecuted and prosecuted in both service and in retirement?

Stephen Lawrence lived and was murdered in my former south-east London constituency. I was aware of many of the deficiencies in the police investigation of that attack. Gurpal set a higher standard for policing. There were consequences to his commitment to combating racism and his initiatives following a west London case, where he found the weapon, arrested two suspects and visited the visitor’s home. The trouble for him started when he asked whether it had been recorded as a potentially racist attack. Until cleared, Gurpal faced grim and persistent discriminatory action by his employer. I was one of those who stood up for him and advocated his innocence.

I do not have the words to properly describe the horror I felt when the CPS and the Metropolitan Police Service mismanaged the case that turned up 27 years after alleged events, and after Gurpal Virdi had retired, decided to go into local political service and was adopted to stand as a Labour councillor in Hounslow. His case was heard in 2015 in Southwark Crown Court. It lasted a week and ended with Gurpal’s inevitable acquittal. In the public gallery, I watched and listened as prosecution witnesses, whose evidence was highly dubious or vague beyond belief, took to the stand. It was clear that he was not guilty of misconduct in public office. Charges were thrown in so that, if he were found guilty of an indecent assault on a young person, term could be added to the sentence. He had not assaulted a youth in a police van. The accusations were absurd and unjustified.

As Judge Goymer said in his summing up, which was admirably balanced, the chief prosecution witness, a former officer called Tom Makins, denied there had been an assault, denied it had been sexual, and in particular denied that Gurpal Virdi or any other officer he had known had had a collapsible police truncheon, which the complainant claimed had been put up his bottom. There was no criminal evidence that a crime had been committed and there was nothing to indicate that Gurpal Virdi had even been present. There are two bits of evidence that the police eventually disclosed, one of which they were aware of within days of the complaint first being received. It was that an officer arrested the complainant in the autumn of 1986—I am being slightly vague, because the person claimed to have been under 16 at the time, or actually, he had not claimed it, but the police thought he had claimed it—and the only surviving record from that arrest showed that it was by a PC Markwick, who was not interviewed by the police officers in the department of professional standards in the 15 months that it took to investigate.

The second bit of evidence that survived was the court record showing that Gurpal Virdi and an officer called Mady had arrested the complainant in the spring of 1987 and that, because the person was young, he was held in cells overnight and appeared in court the next day. When the person made the complaint, he did not mention the second arrest at all. He claimed that someone called George had arrested him the first time but, with the second arrest, he did not mention it in any of his interviews to the police, so the one thing that could be confirmed was left out of his memory, and the one thing that could not be confirmed was what the case was built on.

I could go on at length because I know the case backwards, but before it came to trial I wrote to the Director of Public Prosecutions, the head of the Metropolitan police and the Home Secretary, spelling out that the statements from the so-called police witness—Mr Tom Makins, who I do not believe was there either—contradicted six of the major statements of fact made by the complainant: where the person was arrested, why he was arrested, what kind of police van it was, what happened in the police van, whether there was an indecent assault at any time and what was said to have happened in the police station afterwards. Tom Makins contradicted in terms every single one of those significant statements.

Let me go through the trial—I will abbreviate this, because I know that 29 other people want to speak. Before the trial, I had asked the Crown Prosecution Service and the police to note the names of everybody who made a significant decision in this case. After the case, Gurpal Virdi complained to the Independent Police Complaints Commission, as it was in those days, and what did it do? It referred the case to the head of the department of professional standards in the Metropolitan police—the people who cooked up the case against him in the first place.

I know my colleagues think that this is unbelievable, and so would I, if I had not been involved in it step by step and had not been in court. I say to people on the Front Bench: please make sure that the Minister for Justice and the Minister for the Home Office get together with the police and the CPS and ask what kind of inquiry they are going to have to review the decisions that were taken all the way through. Sir Richard Henriques looked into some of these issues over the accusations of indecent assault by people such as Leon Brittan, Ted Heath and others. I demand the same kind of inquiry for Gurpal Virdi—not a well-known person, but one of the best police officers we have got—because if this injustice is allowed to continue unnoticed, without investigation, I think this House does not have the power that it ought to have to try to bring justice to ordinary people.

I say more gently through my hon. Friend the Minister to Cressida Dick, the Metropolitan Police Commissioner, and to whoever succeeds Alison Saunders as the Director of Public Prosecutions at the Crown Prosecution Service: please get together and say what you two believe is the right way to have an experienced person review the evidence that I have put forward in part today—and is put forward in rather larger part in Gurpal Virdi’s book, “Behind the Blue Line”—and take evidence from Matt Foot of Birnberg Peirce, Gurpal’s solicitor, and Henry Blaxland QC, of Garden Court Chambers, who represented him in court. Until that happens, I cannot have the confidence I want to have. I would much prefer to go back to praising the police for the good things they do and the bravery they show in answering every blue-light call, every incident of domestic violence, terrorism issues, keeping order on the streets, preventing crime and helping young people to grow up well. Until this happens, my confidence is shaken, and I hope that those who have heard me join me in asking for the kind of inquiry that the police and CPS should voluntarily commit themselves to.

[Several hon. Members rose—]