McGrail Inquiry’s main hearing starts today

The McGrail Inquiry will hold the first public session of its main hearing in the Garrison Library today, starting at 10am.

The Inquiry, headed by retired UK High Court judge Sir Peter Openshaw, is tasked with looking into the reasons and circumstances leading to the early retirement of former police Commissioner Ian McGrail in June 2020, after a 36-year career and halfway through his term in the top post at the Royal Gibraltar Police.

In preliminary hearings, Mr McGrail’s lawyers have alleged “misconduct and corruption” at the highest levels of government, insisting Mr McGrail was “muscled out” after being placed under huge pressure over the conduct of a live criminal investigation.

Those allegations were “denied and roundly rejected” by lawyers for the Government parties, who said Mr McGrail retired because he knew he had lost the confidence not just of the Chief Minister but, crucially, of the then interim Governor, who was the only person with the power to ask him to resign.

Over the coming weeks, the Inquiry will investigate a list of issues identified from allegations contained in witness statements from core participants and from documentary material examined by the Inquiry.

In respect of each of the issues, Sir Peter will seek to answer two fundamental questions.

Firstly, he will seek to establish the relevant facts to the extent he considers necessary and appropriate to address the matter under inquiry.

Secondly, Sir Peter will investigate the extent, if at all, to which each issue constituted a reason or circumstance leading to Mr McGrail ceasing to be Commissioner of Police by taking early retirement, either because they led to a loss of confidence in Mr McGrail or for some other reason.

Below is the full list of issues that the Inquiry will investigate in the coming weeks, as set out in a document issued by the Inquiry team.

As chairman, Sir Peter has the right to amend it, whether by way of extension, limitation or otherwise.

THE AIRPORT INCIDENT

The Inquiry will look into the actions of the Royal Gibraltar Police on February 8, 2017, in which police stopped an aircraft at Gibraltar airport to remove a Ministry of Defence employee who had previously been arrested by UK Service Police.

In doing so, it will consider the actions of the RGP in arresting three senior Ministry of Defence staff and seizing and removing personnel equipment from HM Naval Base and an officer’s home.

THE ASSAULT INVESTIGATION

The Inquiry will examine the RGP’s investigation into an assault on a helicopter pilot and crew member in Gibraltar in March 2017.

THE INCIDENT AT SEA

The collision at sea on March 8, 2020, outside British Gibraltar territorial Waters involving an RGP vessel and resulting in two deaths, and the RGP’s subsequent handling of it.

The Inquiry will consider whether faults or failings in the operational instructions or procedures of the RGP caused or contributed to the collision at sea, and, if so, whether Mr McGrail as Commissioner of Police was responsible or accountable for those faults or failings.

It will also consider whether information as to the location of the incident at sea was communicated by Mr McGrail and/or the RGP to Chief Minister Fabian Picardo, the Attorney General Michael Llamas and the then interim Governor Nicholas Pyle in a timely and transparent fashion.

Additionally, the Inquiry will examine whether information about legal claims arising from the incident at sea was communicated by Mr McGrail and/or the RGP to Mr Pyle, Mr Picardo and Mr Llamas in a timely and transparent fashion.

THE HMIC REPORT

The Inquiry will consider the findings of a report by Her Majesty’s Inspectorate of Constabulary and Fire and Rescue Services into the RGP in April 2020, and/or Mr McGrail’s response in addressing the findings of an earlier HMIC report in 2016.

THE CONSPIRACY INVESTIGATION AND THE SEARCH WARRANTS

The Inquiry will examine the investigation into the alleged hacking and/or sabotage of the National Security Centralised Intelligence System and alleged conspiracy to defraud, and the RGP’s handling of the same, including but not limited to the RGP’s stated intention to execute search warrants as part of that investigation on May 12, 2020. In particular it will ask the following questions:

Did Mr McGrail seek or receive advice from the Director of Public Prosecutions [DPP] or the Attorney General [AG] regarding the search warrants, and did Mr McGrail accurately communicate any advice from the DPP or the AG on the search warrants - or lack thereof - to the Chief Minister and/or the Attorney General?

Was the RGP’s intention to execute the search warrants on May 12, 2020, contrary to an agreement or understanding with the AG and/or the DPP?

Did the AG and/or Chief Minister place any or any inappropriate pressure on Mr McGrail regarding the investigation or otherwise interfere with the investigation, and in particular the RGP’s intention to execute the search warrants?

THE FEDERATION COMPLAINTS

The Inquiry will look into the complaints, if any, made by the Gibraltar Police Federation and/or its members to the Gibraltar Police Authority about Mr McGrail - including as to the difficult relationship between Mr McGrail and the Federation - and any allegations of bullying or intimidation by Mr McGrail discussed by the Gibraltar Police Authority.

THE ALCAIDESA INCIDENT

The Inquiry will examine the RGP’s involvement in and/or handling of the Alcaidesa claims.

THE MAY 29 LETTER

Another issue before the Inquiry is a letter dated May 29, 2020, sent by Mr McGrail’s lawyers, Charles Gomez & Co, to the Gibraltar Police Authority.

THE SECTION 13 ISSUE

The Inquiry will consider the stated intention of the then interim Governor, Mr Pyle, as to his powers under section 13 of the Police Act. This will include consideration of the relevance, if any, of Sir David Steel’s imminent commencement as Governor at the time, and particularly the date on which Mr Pyle learned of the date on which that was expected to occur.

THE GPA PROCESS

The Inquiry will examine the Gibraltar Police Authority’s process and decision in purported compliance with Section 34 of the Police Act, and subsequent withdrawal of that decision.