McGrail Inquiry: Counsel lays ground for extraordinary revelations over coming weeks
Summary
TLDRThe McGrael Inquiry's first day broadcast by GBC captivated local attention, with lead Council Julian Santos spending nearly 6 hours going through 94 witness statements. The inquiry is neither a criminal trial nor an adversarial process. Central to the investigation is the alleged hacking of Jalter's security systems, involving the arrest of three men, including two directors of 36 North. The narrative includes disagreements on facts, allegations of misconduct, and concerns over the handling of evidence. The proceedings aim to provide context for upcoming evidence and testimonies, highlighting the complexity of the case and the various perspectives involved.
Takeaways
- 📺 The McGrael Inquiry's first day was highly anticipated and followed closely by the public through various media.
- 🕵️♂️ Lead Council Julian Santos was on his feet for nearly 6 hours, handling 94 witness statements and providing both broad summaries and detailed submissions.
- 🗣️ Council's opening words were brief, mentioning recent events but focusing on the inquiry's purpose and determination to fulfill its terms of engagement.
- 🚨 The inquiry is not a criminal or civil trial, and it aims to ventilate issues that have caused public pain due to recent commentary.
- 🔍 There is fierce disagreement on the facts of Operation Delhi, an investigation into an alleged hacking of security systems, with established facts including an investigation, arrests, and searches.
- 🤝 James Levie, a key figure, was cooperative but never arrested or charged, and his devices were returned.
- 💼 The Chief Minister's involvement was limited to expressing concerns about financial liabilities for potential data breaches and loss of confidence in Mr. McGrael based on his actions.
- 🛑 Deficiencies in the search warrants were identified, including unsatisfactory reasons and the inclusion of legally privileged material.
- 🌊 A separate incident in March 2020 involved the death of two men after a collision with an RGP vessel, leading to questions about the location of the incident and the transparency of information.
- 👨✈️ Other issues to be addressed include a search in Alessa leading to prosecutions in Spain, a 2017 airport standoff over jurisdiction, and a UK police body's findings on the RGP.
- 📝 Lawyers for core participants will make their own initial submissions to the judge in the upcoming proceedings.
Q & A
What was the general atmosphere surrounding the broadcast of the first day of the McGrael inquiry?
-The broadcast of the first day of the McGrael inquiry was highly anticipated, with people in every office and establishment following the proceedings with bated breath through radio, TV, or smart devices.
How long did the inquiry's lead council, Julian Santos, speak on the first day?
-Julian Santos, the inquiry's lead council, was on his feet for nearly 6 hours on the first day.
What was the nature of Julian Santos's opening submissions?
-Julian Santos's opening submissions were a mix of broad summaries and detailed insights, providing context for the evidence that would be heard in the coming weeks.
What was the stance of the OPA in relation to the events of the last few weeks?
-The OPA's stance was to observe the events of the last few weeks briefly and to the point, without dwelling on them, and to express determination to fulfill the terms of engagement.
What was the main point of disagreement among the core participants in the case of Operation Delhi?
-The main point of disagreement among the core participants in Operation Delhi was the facts surrounding the conspiracy investigation, with fierce disagreement on the alleged hacking of Jalter's security systems in May 2020.
What happened to the three men arrested in connection with the alleged hacking of Jalter's security systems?
-Two of the three men arrested were directors of 36 North, one of whom, Hassan, owned 33%. The other man, James Gererro of the Bland Group, ran the system. While they were arrested, James Gererro was never charged or arrested and his devices were returned to him.
What was the Chief Minister's reaction to the events surrounding the hacking allegations?
-The Chief Minister expressed serious concern about the financial liabilities on the government for potential data breach risks and claimed to have reacted similarly if any other senior member of the bar had been involved.
What were the two key deficiencies in the RGPS's warrants for the search warrants, according to the inquiry's lead council?
-The two key deficiencies were the unsatisfactory and generic reason provided by the RGP for seeking a warrant, suggesting that Mr. Levie, as a suspect, was likely to destroy evidence, and the lack of power under the CPA to execute a search warrant for the purpose of seizing legally privileged material.
What incident in March 2020 involving a Spanish RIB led to a loss of confidence in the Commissioner by the Governor and the Chief Minister?
-In March 2020, two men aboard a Spanish RIB suspected of illicit activities died following a collision with an RGP vessel. The Governor and the Chief Minister claimed to have lost confidence in the Commissioner over his handling of the incident, suspecting that he was withholding essential information.
What other issues will the inquiry address apart from the main case of Operation Delhi?
-Apart from Operation Delhi, the inquiry will also address issues such as a search carried out in Alessa leading to criminal prosecutions against police officers in Spain, the standoff at the airport in 2017 over jurisdiction, the fractured relationship with the Police Federation, and the findings of a UK police body investigating the RGP.
What is expected to happen following the initial submissions made by the inquiry's lead council and the OPA?
-Following the initial submissions, lawyers acting for some of the core participants will be making their own initial submissions to the judge, furthering the inquiry and expanding upon the various aspects and issues involved.
Outlines
📺 Inaugural Broadcast of McGrael Inquiry
The first day of the McGrael Inquiry, a highly anticipated event in local history, was broadcasted by GBC, capturing the attention of every office and establishment. Lead Council Julian Santos has been on his feet for nearly six hours, going through 94 witness statements. His submissions were a mix of broad summaries and detailed accounts, providing context for the upcoming evidence. Peter Opa's opening remarks were brief, observing recent events without dwelling on them, and expressing his determination to fulfill his engagement. The impact of the new act on the inquiry is uncertain, but it's clear that nothing affects Julian Santos's resolve to find and report the facts under the law.
🔍 Lead Council's Submissions and Clarifications
Lead Council Julian Santos clarified that the McGrael Inquiry is not a criminal or civil trial, nor an adversarial process. He addressed the public commentary and emphasized the importance of ventilating the issues. Santos summarized the evidence from core participants, highlighting the fierce disagreement on the facts of Operation Delhi, a conspiracy investigation into alleged hacking of Jalter's security systems in May 2020. The inquiry delved into the events leading to the arrest of three men, including directors of 36 North, and the involvement of James Levie from the Bland Group. The narrative included the actions and reactions of key individuals, including Mr. McGrael, Chief Minister Fabian Picardo, and Mr. Levie, and the tension surrounding the search warrants and the allegations against the Attorney General.
🧐 Examination of Search Warrant Procedures and Related Issues
The inquiry proceeded to examine the deficiencies in the search warrant procedures, questioning the rationale that suspects might destroy evidence as a basis for obtaining production orders. It was highlighted that there's no power under the CPA to seize legally privileged material. The discussion extended to other issues such as the 2020 incident involving two men aboard a Spanish RIB, the standoff at the airport in 2017, the fractured relationship with the police Federation, and a UK police body's investigation into the RGP. The inquiry is set to continue with lawyers for core participants making their initial submissions to the judge.
Mindmap
Keywords
💡McGrael Inquiry
💡Lead Council
💡Witness Statements
💡Operation Delhi
💡Security Systems
💡Search Warrants
💡Attorney General
💡Confidentiality
💡Legal Privilege
💡Collaboration
💡Accountability
Highlights
The McGrael inquiry's first day broadcast by GBC was highly anticipated and watched closely by the public.
Lead Council Julian Santos was on his feet for nearly 6 hours, handling a massive 94 witness statements.
Santos' opening submissions were a mix of broad summaries and detailed insights, setting the stage for the evidence to be heard in the coming weeks.
The inquiry is not a criminal or civil trial, nor an adversarial process, emphasizing the importance of public understanding.
There is fierce disagreement on the facts in the case of Operation Delhi, the conspiracy investigation.
An investigation in May 2020 revealed an alleged hacking of Jalter's security systems, leading to the arrest of three men, two of whom were directors.
James Levie, a key figure, voluntarily handed over his devices and was not arrested or charged, with his devices later returned.
McGrael was called into a meeting where the Chief Minister expressed concern over financial liabilities for a potential data breach.
The former commissioner stated that he lost confidence in McGrael after being told he acted on the advice of the Attorney General, which he claims was a lie.
McGrael felt threatened by the Chief Minister and believed the operational matter being questioned was inappropriate.
The inquiry will also address the 2017 standoff at the airport over jurisdiction between the police and the ML, leading to arrests.
The fractured relationship with the Police Federation and findings from a UK police body investigating the RGP will be discussed.
A search carried out by police officers in Alessa resulted in criminal prosecutions against them in Spain.
The death of two men aboard a Spanish RIB suspected of illicit activities following a collision with an RGP vessel is under scrutiny.
The then Governor's repeated requests for McGrael to establish the location of the incident and suspicions of withheld information will be examined.
McGrael pledged to provide full details of the investigation once completed, refuting claims of withholding information.
Lawyers for core participants will make their own initial submissions to the judge, adding further depth to the inquiry.
Transcripts
among the most highly anticipated
proceedings in recent local history
gbc's broadcast of the first day of the
mcgrael inquiry was followed with baited
breath in every office and establishment
with a radio TV or smart device the
inquiry's lead Council Julian Santos has
been on his feet for nearly 6 hours
today he's hand to through a colossal 94
witness statements and his open open in
submissions were at times broad
summaries but sometimes delved into
great detail but it's all provided
context for the evidence we'll be
hearing in the coming weeks so Peter
opa's opening words were brief and to
the point observing the events of the
last few weeks but not dwelling on them
and saying he's determined to fulfill
his terms of
Engagement quite how if at all the the
new act will otherwise impact upon the
inquiry remains to be
seen but it is important that I make
abundant to clear that nothing in the
new act affects my resolve and indeed my
duty under the law to find and Report
upon the facts which I am determined to
do the floor then passed to the
inquiry's lead Council who explained
this isn't a criminal or Civil Trial nor
is it an adversarial process
he said there had been a cacophony of
public commentary in recent weeks which
had been painful for jalter and it was
important to finally ventilate these
issues Mr Santos dedicated a large part
of his opening submissions to
summarizing the evidence already
provided by core
participants at this point there is in
Mr Santos's words Fierce disagreement on
the facts in the case of operation Delhi
the conspiracy investigation there are
some established facts there was an
investigation into the alleged hacking
of jalter's security systems in May 2020
the complainant was James gerero of the
Bland group who ran the system and three
men were arrested two of them directors
of 36 North of which Hassan's owned
33% officers attempted to execute search
warrants at the offices and home of
Hassan senior partner James levie Mr
levie agreed to hand over his devices
voluntarily he was never arrested or
charged and his devices were returned Mr
mcgrael was called into a meeting at
number six Convent place the following
day the chief minister said his only
action was to make his views known
robustly and even then only after the
event had happened he said he was
seriously concerned about the financial
liabilities on government for a
potential data breach and would have
reacted in the same way had it been any
other senior member of the bar he said
the moment he lost confidence in Mr
mcgrail was when the former commissioner
said he'd acted on the advice of the
attorney general which Mr picardo said
was a lie that Mr mcgrael no longer
enjoyed my confidence and My Views as to
the mechanisms to see Mr mcgrael removed
and the consequences thereof I recall
seeing Mr Levi casc also at this time on
one occasion with Mr Vago cas
I believe I saw him at my home the
security of which is incidentally
provided by OSG who have a live video
feed um I recall also that Mr levik casc
was at this time both incensed but also
deeply embarrassed by the EV events of
his home and office being searched Mr
mcgrael says the chief minister gave him
the dressing down of his 36-year career
he said he felt Fabian picardo was
threatening him and questioning an
operational matter which was
inappropriate he also said the Attorney
General was mistaken in his assertion
that any agreement had been reached I
left the cabinet room quite shaken and
in utter disbelief I'd somehow expected
there to be reactions post to the search
warrants being executed on JL but I
never did I anticipate the level of
chastisement I was subjected to I have
had a few previous unpleasant encounters
with the CM but none reached the levels
I experienced on that day Mr Santos made
his own submissions and stressed that
they were just that submissions to the
chairman arguments that the chairman
could take into account when making his
own findings but they were not binding
in any way have identified what we would
say in our submission are two key
deficiencies in the paces put forward
for the search warrants the reason
provided by the rgp for seeking a
warrant was that because Mr levie was a
suspect he was highly likely to destroy
evidence that is in our submission
unsatisfactory fact and generic and
indeed would apply to all suspects and
mean that production orders would never
be obtained against suspects second
there is no power under the CPA to
execute a search warrant authorizing
entry on premises for the purpose of
seizure of Legally privileged material
or material including legally privileged
material I should make clear that even
if it were accepted that there were
flaws in the procedure that is not
necessarily a justification of this
Chief ministers or the Attorney
General's subsequent actions it is his
only relevant context in March 2020 two
men aboard a Spanish rib suspected of
being involved in illicit activities
died following a collision with an rgp
vessel according to Mr Santos the then
Governor Nick pile repeatedly asked Mr
mcgrael to establish whether the
incident had occurred in Spanish Waters
and suspected the commissioner was
withholding essential information from
him he said this was one of the reasons
he'd lost confidence in the the
commissioner a sentiment echoed by the
chief
minister but Mr mcgrael contends it was
never his intention to withhold anything
and had pledged to provide full details
once the investigation was completed Mr
Santos also addressed other issues which
will come before the inquiry a search
carried out in Alessa by police officers
which resulted in criminal prosecutions
against them in Spain the standoff at
the airport in 2017 over jurisdiction
between the police and the ml to carry
out an arrest which led to the arrest of
three senior forces members of Staff the
fractured relationship with the police
Federation and the findings of a UK
police body investigating the rgp and an
incident in which a helicopter pilot was
assaulted tomorrow lawyers acting for
some of the core participant
will be making their own initial
submissions to the
judge
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