Inquiry report ‘completely exonerates’ the Government, CM says

The McGrail inquiry report “completely exonerates” the Government from the “many spurious allegations made against it”, Chief Minister Fabian Picardo said during a live broadcast at No.6 Covent Place on Tuesday afternoon.

Mr Picardo detailed his conclusions from the 704-page document, insisting there was “no evidence” he interfered with the discontinuance of a police investigation.

The Chief Minister was addressing the public after the publication of the report which was handed to the Government on November 6.

Mr Picardo said the Government will accept in full recommendations made in the report by the chairman of the McGrail Inquiry, Sir Peter Openshaw.

“We have already started work to deliver on those changes in coming months,” Mr Picardo said.

“Crucially, the report completely exonerates the Government from the many spurious allegations made against it.”

Mr Picardo said the report “vindicates” his position that he genuinely believed that Mr McGrail had lied to him while acting as Commissioner of Police, even though the report concluded Mr McGrail did not lie.

The Chief Minister said this is why he believed and continues to believe that his loss of confidence in Mr McGrail was “justifiable”.

“The findings are clear and they dismantle the false narrative that Mr McGrail has circulated for five years,” Mr Picardo said.

“The report finds that, contrary to Mr McGrail’s principal allegation, there was no actual interference, corrupt or otherwise, with the RGP’s investigation by me or anyone on my behalf or by anyone else in the Government.”

Mr Picardo said that he will also reflect on the Chairman’s criticisms of him, some of which he recognised were “sharp and highly critical”.

“I am advised that some of those criticisms are legally unfair, contradictory and not based on evidence before the Inquiry,” he said.

He added that he will “consider carefully whether to take up that potential legal challenge”.

As he addressed the public on live television, Mr Picardo apologised to those who feel his actions were not up to the standard expected of him as Chief Minister.

“I am genuinely sorry if you feel I failed you,” he said.

“I always try to give Gibraltar the very best of me. If I failed to be at my very best on some of those days, I ask you to forgive those lapses.”

Mr Picardo said that he was never a suspect or a person of interest in the police investigation, underscoring that the Chairman “explicitly found” there was no evidence he was “consulted on or interfered with the discontinuance of any prosecution”.

“Additionally, the Chairman has ‘roundly rejected’ the suggestion of a corrupt plot to remove Mr McGrail,” Mr Picardo said.

“The report establishes the truth that Mr McGrail’s departure was not the result of any improper political pressure.”

Mr Picardo pointed out that Mr McGrail’s early retirement was caused by the threat or decision of the then interim Governor, Nick Pyle, to exercise his powers under the Police Act to call for Mr McGrail’s resignation.

The Chief Minister added that Chairman found that Mr Pyle’s decision was "entirely his own".

“He was ‘not manipulated’ by me, which was a central feature of Mr McGrail’s case against me and the Governor,” Mr Picardo said.

“Furthermore, the Inquiry acknowledges that the Governor acted with the full knowledge and advice of the UK Foreign Office. He had provided frequent reports to the FCDO in London.”

“The FCDO’s lawyers told Mr Pyle he had justifiable grounds to use his powers undersection 13 of the Police Act to call on the Commissioner to resign.”

The report had outlined how Mr McGrail did not provide to the Governor the "best available information" he had regarding the location of the fatal collision at sea.

The Chief Minister added that Mr McGrail retired early as, according to the report, he “jumped before he was pushed”.

“In effect, Mr McGrail misled the Governor on an important matter that would create diplomatic problems with Spain,” Mr Picardo said.

“And at a time when we were in direct negotiations on our future relationship with the EU.”

“The second related to what the report calls the ‘shockingly bad’ findings of the HMIC report regarding Mr McGrail’s leadership of the police.”

“Indeed, it is hugely telling that, despite Mr McGrail’s claims, the chairman has explicitly declined to recommend any form of redress for him.”

“Mr McGrail asked for an apology and compensation.”

“The chairman has denied him both. No apology. No compensation.”

See the Chief Minister’s full statement on page 22.