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The detective chief inspector who was codenamed “Simon” for security reasons during Bourgass’s trial for murder last year had been in Special Branch for six months at the time of the raid, which was his first anti-terrorist operation.
Bourgass was convicted of Constable Oake’s murder, the attempted murder of two policeman and the wounding of a third. Bernard Postles, a former detective chief superintendent, who successfully investigated the Shipman case and became head of Special Branch in Greater Manchester Police, retired early, devastated by the death of Detective Constable Oake.
Greater Manchester Police said that Simon pleaded guilty at a disciplinary panel in February this year to failing adequately to plan and prepare the operation, complete a documented risk assessment or give clear instructions about an arrest strategy and contingency plans. The panel, led by an assistant chief constable from Northern Ireland, unanimously agreed that he should continue his career without further punishment. They also formally recorded their view that they had heard no evidence placing any responsibility for Constable Oake’s death on Simon, who risked his life trying to overcome Bourgass.
During Bourgass’s Old Bailey trial the jury was told of a catalogue of errors during Operation Salt, the raids which led to the arrest of Bourgass, the most wanted terrorist suspect in Britain. Salt was originally set up to seize the terrorist suspect Q, who was going to be detained under the Government’s new Anti-Terrorism Crime and Security Act.
Senior officers across the country are aware of the dangers of creating problems with Muslim communities by acting in a heavy-handed manner but in many counter-terrorism raids armed officers are routinely deployed and officers carefully briefed. Officers also wear body armour and few risks are taken. But in Operation Salt, the trial was told, there was no contingency planning, a defective briefing was held in a police garage and there was no formal risk assessment of the dangers that might be involved.
Officers taking part in the raids were not given any operational orders. The officers were not given any information about the targets and the officers were not issued with arrest kits which allow suspects to be held safely for forensic tests for guns or explosives. The police did not know who was in the flat where Bourgass was found and the surveillance before the raid was insufficient.
The raid was supported by officers from Greater Manchester’s tactical aid unit but they knew little about the raids and their expertise was not used.
Constable Oake and his colleagues were not asked to wear body armour and neither Bourgass, the original target of the raid, or a third man in the flat was placed in handcuffs. After the flat was raided police were left trying to find somewhere to take their prisoners. Their original target, Q, could not be held at Strangeways and no forensically clean cells were ready to hold Bourgass as a terrorist suspect.
David Whatton, an assistant chief constable in Greater Manchester Police, said yesterday: “It must be recognised that this was a fast-moving operation conducted in a limited time frame. There was no suggestion that Bourgass was in Manchester and officers were caught by surprise and had to adapt quickly to a changing situation.”
He said that the detention of Bourgass changed the nature of the operation and “raised new issues, such as custody procedures, cell preparation and so on, and prison arrangements. All of which resulted in delays.” Mr Whatton said: “A decision was taken by officers not to handcuff Bourgass because, at the time prior to the attack, he was not showing any physical signs of being a threat.”
In the wake of the tragedy Michael Todd, Chief Constable of Greater Manchester Police, has lobbied ministers for powers to automatically handcuff prisoners. He said that there had been changes in the way the force conducted counter-terrorist operations, bringing in different departments at an earlier stage, setting up more formal command structures and demanding more rigorous risk assessments.
He said this had led to criticism of heavy-handedness and “just shows the balance we have to strike”.
The force said that one of the officers injured has since retired on medical grounds. The officer was stabbed three times in the chest and remained in a critical condition for weeks.
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