Investigator
Peter Moore, on 12 March 2012
– upon being confronted with all the evidences – decides to keep
the victim`s complaint to a “local resolution” instead of the
“more serious” complaint.
EVIDENCE:
Costin: Yes ?
Investigator Peter Moore: Oh, hello. Is that Mr Cercel ?
Costin: Speaking !
Investigator Peter Moore: Hello, this is Peter Moore from West Mercia Professional Standard Department.
Costin: Hello !
Investigator Peter Moore: Hello ! I missed you; I think you called last week and I was away.
Costin: I called on Tuesday, yes, and I spoke with your line manager. He told me you will give me a phone call today.
Investigator Peter Moore: Yes, and I have done !
Costin: Yes, I know, thank you for that.
……
Costin: Ok, I understand; so a police officer can come into my house and threaten me whenever he wants, yes ? I do not agree to it, but he can come, yes ?
Investigator Peter Moore: What I’ve said is, if you’ve done something wrong, for example if you’ve gone into the college and you behaved in a certain way which may have made you liable to arrest, the officer can come to you and say “Mr Cercel, when you did this and this and this, you may have made yourself liable to arrest and I am warning you about that!”; so there is no problem with him doing that, he hasn`t arrested you, I presume?
Costin: No, he was just intimidating me!
Investigator Peter Moore: Right, but what he`s saying to you is that if you behave in a certain way, it could lead to you being arrested. That’s why …
Costin: I am assuming you’ve spoken with him already, yes ?
Investigator Peter Moore: I haven`t spoken with anyone; the only person I’ve spoken with is you. I got some documents you made reference to certain reports and gave me numbers; I’ve printed those off and I’ve read those things …….….. that have happened to you necessarily; what I’m investigating is if that officers have responded to you and how they dealt with you. Does that make sense ?
Costin: Sir, I understand perfectly what you are saying; I am just trying to say that I have been harassed at the college, I have dialed 112; the police was suppose to come, take a statement from me and then go and take actions against the harassers; what has the police done ? They came and harassed me in my house. Isn’t that against the law ? Shouldn’t the police officers be arrested and … ?
Investigator Peter Moore: Well, the difficulty is you may believe, you may believe that you’ve been harassed by the college, but it may be that the college is saying and they have certain rights to do so; for example if you attend the college and you do things that are against their policies and ..
Costin: Two seconds, stop, stop, stop!
Investigator Peter Moore: Yea ?
Costin: Royle explained me, PC 302 Royle explained me that I have been suspended I’ve made complaints against the staff – that is a human right I have – I have made complaints against the staff, I have contacted the press and I have looked on people’s Facebook …
Investigator Peter Moore: Right !
Costin: Since when are those actions, illegal actions that you can be removed from the college for ?
Investigator Peter Moore: Well, that is ultimately a matter for the college; the college have a right to allow or not whoever they want into the college …
Costin: No, they don`t have it; we are talking about The Education Act !
Investigator Peter Moore: You don`t necessarily have a .. if, if you do things in a certain way and the college don`t agree with it, they may have a right to exclude you from the college. If my child for example goes to school and behaves in a certain way at that school, that are against their procedures and against their principles; they can exclude my son.
Costin: Just a second, you are unaware that we all have human rights; indifferent to our nationality…
Investigator Peter Moore: I am not unaware of that at all; no, I’m perfectly aware.
……..
Investigator Peter Moore: I understand!
Costin: In the recording you will see Carl Jones threatening he will arrest me and that he will not be taking into consideration my complaint; what will happen then to him ?
Investigator Peter Moore: Well, I … let me have a look at it first; I have to see it … in order to … it depends what .. you know, what, what the evidence shows on there and what he said; I’ll have to ask him about why he did what he did and why he did it.
Costin: Ok, let`s assume for a few seconds that in the recording you will see that he threatens to arrest me and he will not take my complaint into consideration; what will happen then to him ?
Investigator Peter Moore: I can’t say, I can’t say; we’ll have to determine how serious it is.
Costin: You will have to determine what ?
Investigator Peter Moore: We will have to determine how serious it is. So first of all we have to … in terms of what he’s done …
Costin: Yes ?
Investigator Peter Moore: So he, so for example if he makes a decision that he believes your behaviour, previous behaviour at the college would leave you liable to arrest, we’d have to determine what information he was considering, considering to come to that decision and whether that actually fits within the law and whether there would have been a power for you to be arrested. Now, if, if, if there isn’t; then obviously we would uphold your complaint.
Costin: And what would happen to him then ?
Investigator Peter Moore: Well, we would have to decide whether there was any discipline measure that we needed to take or whether it has to have some training or advice around it.
Costin: Ok, can I move my complaint to an other colleague of yours or to your line manager ?
Investigator Peter Moore: Can you move your complaint ?
Costin: I have a complaint with you, yes ? You first wrote my complaint on the 13th of January; already because you failed to take action against Carl Jones and everybody else, they were allowed to come and continue to discriminate and harass me.
Investigator Peter Moore: Right !
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