Green leak detective could be prosecuted ...as watchdog accuses him of ‘flagrant violation’ of the public’s trust in police
THE retired detective who leaked sensitive private information from the Damian Green inquiry could face prosecution, it emerged last night.
Neil Lewis, 48, is at the centre of an urgent Scotland Yard anti- corruption probe after accusing Theresa May’s deputy of lying.
Mr Lewis sparked a storm of controversy last week after disclosing confidential information gathered during an investigation nine years ago into Mr Green.
He said he found thousands of thumbnail pornographic images on computers in Mr Green’s Commons office in 2008 and accused him of being responsible for downloading them, which the First Secretary of State strongly denies.
The Information Commissioner’s Office (ICO) has repeatedly said police officers and staff must never abuse their access to highly sensitive personal information.
Last night, one legal expert said she would be very surprised if a criminal case cannot be brought against Mr Lewis, adding that he may have committed offences under data protection, computer misuse and even theft legislation.
And police watchdog Sir Tom Winsor, Her Majesty’s Chief Inspector of Constabulary, has accused Mr Lewis of actions which ‘flagrantly violate’ the trust ordinary people put in officers investigating sensitive crimes.
Sir Tom said the public must be reassured that when sensitive information comes into police hands its ‘private nature will be respected in perpetuity’.
He said that if trust between police and public is damaged it may lead to ‘great harm’ to ‘public safety and justice’.
‘That trust requires every police officer to respect and keep confidential information which they obtain in the course of their duties and which is irrelevant to their inquiries and discloses no criminal conduct,’ he said.
‘If a police officer broke that trust whilst serving as a police officer, he or she would face disciplinary action and could be dismissed. In certain circumstances, such action could also constitute a criminal offence.
‘The obligation of confidentiality, and the duty not to break trust, is an enduring one. It does not end when a police officer retires.’
He added: ‘Almost all police officers – serving and retired – would deprecate actions which flagrantly violate the trust which every citizen should have in the police.’
Dozens of police officers have been prosecuted in recent years for breaching the Data Protection Act and other offences by illicitly accessing private information.
Mr Lewis levelled a series of allegations at Mr Green during an extended interview with the BBC.
The former detective constable was responsible for seizing and analysing the then shadow immigration minister’s computers during a 2008 inquiry which culminated in a raid on his Parliamentary office.
Mr Lewis admitted it was impossible to say who was sitting at the computer as it was used. And he did not bother reporting his concerns to senior officers at the time as they were ‘irrelevant’ to the wider inquiry into Home Office leaks.
He also confessed to holding on to his police notebook and evidence bags from the inquiry, despite the fact they remained police property. And he confirmed that he retained a cloned copy of Mr Green’s computer hard drive knowing that the pornography data could be recovered, despite being ordered to destroy it. His actions sent shockwaves through policing amid fears they could undermine the public’s confidence in police.
Yesterday former Home Secretary Lord Howard said he supported others who have condemned the leaking of information. ‘I think that is a very serious matter indeed,’ he told the BBC’s Sunday Politics show. ‘Policing in this country is based on trust between the police and the public.
‘If we have retired police officers leaking confidential information of this kind it will be very damaging to that trust.’ Tory MP Dominic Grieve, a former attorney general, lashed out at Mr Lewis and Bob Quick, the former senior officer who oversaw the ill-fated 2008 leak inquiry. Mr Quick is accused of harbouring a grudge against Mr Green and other senior Conservatives. Mr Grieve said if either man believed they had relevant information they should have gone to Scotland Yard or the Cabinet Office. Retired top officer Tim Brain, a former Gloucestershire chief constable, said he had no problem with Mr Lewis’s actions and he too had retained police paperwork.
The Data Protection Act makes it an offence, punishable by an unlimited fine, to improperly disclose personal information held on police systems.
Last night, the Information Commissioner’s Office said its officials are ready to advise colleagues at the Metropolitan Police as their inquiry progresses. He said: ‘We are not currently looking into this matter but will consider any complaint or referral if we receive one.’
‘Public safety and justice’ ‘High standards in public life’