RGP lawyer Nick Cruz says Governor has no power to remove the Police Commissioner

GBC News
9 Apr 202401:23


TLDRThe transcript discusses the RGP's stance on the confusion between the roles and responsibilities of Mr. Bardo and Mr. Pile, as compared to those of the GPA. It highlights the potential misuse of default powers, with Mr. Pile's actions, particularly his contemplation of using default powers without a decision from the GPA, being labeled as hasty, inelegant, and unconstitutional, despite any pure motives that may have been present.


  • 📜 The RGP's stance is that the first witness statement of Mr. Bardo (Tab 6, paragraphs 112 to 1114, page 217) and the then Governor Mr. Pile (Tab N, paragraphs 12 to 16, pages 239 to 243) show a confusion between their roles and the GPA's.
  • 🤔 There is ambiguity on whether this role confusion was intentional or inadvertent, and whether it was advised by the AG, as suggested by Mr. McGrael.
  • 🙅‍♂️ Mr. Pile and the Chief Minister wrongly assumed they could proxy the GPA, which is seen as an overreach of their powers.
  • 🚫 The use of default powers by Mr. Pile is described as inelegant, hasty, and inappropriate, especially in the context of weeks of colonialism.
  • 📝 Mr. Pile's statement indicates he had not prejudged the GPA's deliberations, but the threat to use default powers is noted.
  • ✋ The RGP finds the approach to potentially exercising default powers to be astonishing and potentially unconstitutional.
  • 🤷‍♂️ The transcript implies that the motives behind these actions, whether pure or not, are a matter for the gentlemen to clarify.
  • 📌 The document references specific tabs and pages which are crucial for understanding the context of the statements.
  • 🗣️ The transcript highlights the importance of clear roles and responsibilities to avoid confusion and potential constitutional issues.
  • 🏛️ The situation described in the transcript underscores the significance of adhering to constitutional norms in governance.
  • 🤝 The GPA's independence is emphasized, and any attempts to influence or proxy its decisions are seen as problematic.

Q & A

  • What is the main issue discussed in the transcript regarding the roles and responsibilities of the RGP and GPA?

    -The main issue discussed is the confusion and blurring of roles and responsibilities between the Royal Gibraltar Police (RGP) and the Gibraltar Police Authority (GPA), as evidenced by the statements of Mr. Bardo and then Governor Mr. Pile.

  • Which specific part of Mr. Bardo's witness statement is referred to in the transcript?

    -The transcript refers to paragraphs 112 to 1114 on page 217 of Mr. Bardo's first witness statement.

  • What is mentioned about Governor Mr. Pile's statements in the transcript?

    -The transcript mentions that Governor Mr. Pile's statements, found in tab N of his first witness statement, specifically paragraphs 12 to 16 on pages 239 to 243, contribute to the confusion about the roles and responsibilities of the RGP and GPA.

  • What is the concern raised about the potential misuse of default powers by the individuals involved?

    -The concern is that the individuals, whether intentionally or inadvertently, may have advised or considered using their default powers in an inappropriate manner, which could be seen as unconstitutional.

  • How is Mr. Pile's approach to potentially using default powers described in the transcript?

    -Mr. Pile's approach is described as inelegant, hasty, and inappropriate, reflecting a throwback to weeks of colonialism and potentially violating constitutional norms.

  • What does the transcript imply about the chief minister's actions in relation to the GPA?

    -The transcript implies that the chief minister wrongly assumed that he could proxy or represent the GPA, as suggested by Mr. Pile's statement at paragraph 14.3.

  • What was the chief minister's stated intention if the GPA did not deliver?

    -The chief minister indicated that if the GPA did not deliver, he would consider using his default powers, which was criticized as an astonishing and unconstitutional approach.

  • What is the significance of the term 'proxiy' as used in the transcript?

    -The term 'proxiy' is used to describe the chief minister's attempt to represent or stand in for the GPA, although it is noted that the term may not be accurate or appropriate in this context.

  • How does the transcript characterize the situation with the GPA and the exercise of default powers?

    -The transcript characterizes the situation as one of confusion and potential overreach, with the exercise of default powers being seen as a last resort that could be unconstitutional if not properly exercised.

  • What is the overall tone of the transcript regarding the actions and intentions of the individuals involved?

    -The overall tone is critical and concerned, highlighting the potential for unconstitutional actions and the importance of clear roles and responsibilities within the RGP and GPA.

  • What is the importance of maintaining a clear distinction between the roles of the RGP and GPA as per the transcript?

    -Maintaining a clear distinction is crucial to ensure that powers and responsibilities are exercised appropriately and constitutionally, preventing any potential misuse or overreach that could undermine the governance and legal framework.



🧐 Confusion of Roles and Responsibilities

The first paragraph discusses the evident confusion between the roles and responsibilities of the RGP and the GPA as highlighted in witness statements. It specifically references Mr. Bardo's conclusions and the then Governor Mr. Pile's statements. The paragraph suggests that there may have been an intentional or inadvertent blurring of lines between their powers and duties. It also touches upon the inappropriateness of potentially using default powers, which is seen as an unconstitutional approach, regardless of the motives behind it.




The term 'rgp' refers to a position or standpoint within the context of the video. It is used to denote a group or entity that holds a certain perspective or opinion on the matters discussed. In the video, the rgp believes that there is evidence from witness statements that certain individuals have confused their roles and responsibilities.

💡Mr Bardo

Mr Bardo is a person who appears to have provided a witness statement, as indicated by the reference to his conclusions in the transcript. His statement is considered significant as it is used to support the rgp's position on the issue of confused roles and responsibilities.

💡Governor Mr Pile

Governor Mr Pile is another individual who has provided a witness statement, which is also crucial to the discussion. His statements are used to further illustrate the confusion between the roles and responsibilities of certain parties, as highlighted by the rgp.


GPA, in this context, appears to be an acronym for an organization or group whose roles and responsibilities are being discussed. The confusion and muddle between the roles of GPA and other parties are central to the issues being addressed in the video.


AG is likely an abbreviation for Attorney General, a legal advisor in government. In the context of the video, the AG's advice is mentioned, suggesting that legal counsel may have been sought or is relevant to the situation.

💡intentionally or inadvertently

This phrase refers to the deliberate or accidental nature of actions taken by individuals. In the video, it is suggested that there may have been confusion about whether actions were taken intentionally (with a specific purpose) or inadvertently (by accident or mistake).

💡default powers

Default powers refer to the authority or abilities that a person or entity has in the absence of any specific instructions or agreements. In the context of the video, it is suggested that certain individuals may have threatened to use or did use their default powers, which is considered an issue.

💡constitutional approach

A constitutional approach refers to actions or decisions that are in line with the principles or rules set out in a constitution. In the video, it is suggested that a certain approach was unconstitutional, meaning it went against the established rules or principles.


Colonialism refers to the practice of acquiring control over another country or territory, often for economic, political, or cultural reasons. In the video, the term 'weeks of colonialism' is used metaphorically to describe a period or approach that is reminiscent of colonial times.


To prejudge means to form an opinion or conclusion before all the facts or information have been considered. In the video, it is suggested that someone claimed not to have prejudged the deliberations of the GPA, indicating a concern for fairness and due process.


Although 'proxify' is not a standard English word, in the context of the transcript, it seems to be used as a verb to describe the act of representing or substituting for someone or something. The term is used to discuss the actions of an individual who may have wrongly assumed the role of representing the GPA.


RGP's position on the confusion of roles and responsibilities between Mr. Bardo and Mr. Pile with the GPA.

Mr. Bardo's conclusions in his first witness statement at tab six, specifically paragraphs 112 to 1114 on page 217.

Governor Mr. Pile's statements in his first witness statement at tab n, paragraphs 12 to 16 on pages 239 to 243.

The suggestion that the individuals may have confused their roles intentionally or inadvertently, as discussed by Mr. McGrael.

The question of whether the actions were taken with pure motives or not, as implied by Mr. McGrael's statements.

The assertion that the gentlemen, by default, could not exercise the powers or roles of the GPA.

Mr. Pile's first witness statement, which indicates that he wrongly assumed he could proxy the GPA.

The description of Mr. Pile's approach as 'inelegant, hasty, and inappropriate' due to the consideration of using default powers.

The reference to weeks of colonialism and the critique of the approach as being more than just inelegant.

The claim that the use of default powers, regardless of belief, is deemed unconstitutional.

The transcript's focus on the importance of constitutionality in the exercise of powers and roles.

The transcript's emphasis on the clarity of roles and responsibilities in governance and legal frameworks.

The transcript's indication of potential issues with the advice given by the AG and its impact on the situation.

The transcript's mention of the role of the chairman in the context of the discussion on roles and responsibilities.

The transcript's highlighting of the importance of not prejudging the GPA's deliberations, as suggested by Mr. Pile in paragraph 14.3.

The transcript's critique of the assumption of power without clear authority, emphasizing the need for constitutional adherence.

The transcript's discussion on the potential consequences of exercising powers without proper mandate or constitutional basis.

The transcript's exploration of the implications of the actions taken by Mr. Pile and their impact on the governance structure.



it's the rgp's position that it's


evident from the first witness statement


of Mr Bardo that's at tab six


specifically his conclusions at


paragraphs 112 to 1114 at page


217 and from the then Governor Mr Pile


in his first witness statement that's


tab n paragraphs 12 to 16 Pages 239 to


243 that they have somewhat confused and


muddled their roles and responsibilities


with those of the GPA it appears even


advised by the AG whether Mr chairman


they' done that intentionally or


inadvertently with pure motives or not


as suggested by Mr mcgrael that's a


matter for you both gentlemen absent of


default simply could not exercise those


powers or role or they exercise or


threaten to exercise or set about


exercising indeed it's quite astonishing


we say Mr pilon's first witness


statement with the assistance of the


other the chief minister wrongly assumed


that he


could proxify I'm not sure that's a word


but it's


descriptive the GPA by suggesting as he


did at paragraph 14.3 that he had not


prejudged the gpa's deliberations but


they didn't deliver he would consider


using his default Powers we say an


inelegant Hasty


inappropriate approach weeks of


colonialism but more importantly we say


an unconstitutional approach whatever he


might have believed or not



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Governance AnalysisAccountabilityRGP-GPA RelationsConstitutional ReviewLeadership ConfusionPower DynamicsColonial LegacyLegal InterpretationPolitical StrategyInstitutional Roles