Gary Marsden – I’Anson

Gary Marsden-I’Anson was employed as an Imaging Officer at West Yorkshire Police. He served them for 23 years and he was regarded as a very able, versatile technician and his conduct was ‘exemplary’. At  07:30 on an April morning in 2007 his home was raided by officers from his own Force. He was arrested, and then spent over six months on bail, without charge, with no evidence disclosed, no crime or even a complaint of one. Over 500 items were seized from  Gary’s home including two laptops, 100’s of CD’s, audio visual equipment etc and all his phone and computer records investigated. The ground for arrest was suspicion of possession of written material with intent to incite racial hatred. He consistently denied any wrongdoing and no charges were brought

The whole basis for these actions was because Gary had written and recorded some patriotic songs and after two years suspended, on full pay, he was sacked by West Yorkshire Police on the grounds of his alleged association with the British National Party and for using work time to compile right-wing CDs and DVDs for his rock band Anglo Saxon. Both claims were and still are vehemently denied. Gary states bluntly that he is a patriot, not a racist.

The events surrounding the dismissal were ultimately heard at Leeds Employment Tribunal in April 2010. The twenty page reserved Judgement from a five day Employment Tribunal Hearing was delivered a month later. Although this is sent out simultaneously to both legal teams the first Gary knew of the result was a phone call from the Yorkshire Evening Post (shades of another well-known song ‘Heard it through the Grapevine’).  They had been tipped off by the police.

At the original Tribunal, which West Yorkshire Police managed to halt on a technicality, the Judge twice had the police’s principal witness, ACPO-ranked Chief Officer Kerry Holden, crying on the stand.  In contrast, the resumed Tribunal heard by a different Judge appeared to follow the Police line both in personal and political opinion as opposed to deliberations on employment law. Far from asking the Police witnesses probing questions, the Judge even introduced ideas to help them out of tight spots. It appeared to Gary, and his legal team, as though the Police had an extra Barrister.

The written Judgement reflected the fears of a prejudicial outcome: It really does read like the Police case without any opposing evidence accounted for. There is, for example, no mention of the Police withholding statements. Gary also gave a 15 page sworn statement and had done 21 hours of tape recorded interviews. In a full day of testimony he was not asked one single question about his statement and the tape recorded evidence was hardly mentioned. The Police barrister concentrated on hearsay, the opinions of a microscopic sample of the thousands of subscribers to Gary’s various internet music profiles and things that may, or may not have been, said in private conversations.

In another astonishing twist, Deputy Chief Constable David Crompton (a uPSD Rogue Officer) actually stated in writing to the tribunal that the reason he facilitated two pre-planned flagrant breaches of West Yorkshire Police’s own discipline procedure at Gary’s appeal was “in the interests of justice”. Also, in the police evidence was some scribbled notes taken by Head of Imaging Unit, Peter Burton, after a private meeting with Gary prior to any discipline procedure. These notes were totally discredited in a subsequent tape recorded interview. The Police barrister came up with the clever ploy of not cross-examining Gary on the notes but tried to introduce them in his summing up. This error in law was pointed out to the Judge by Gary’s Barrister. Despite this, the discredited notes are referenced by the Judge as gospel. The Judge seemingly cherry picked the evidence to suit what appears to be a pre-conceived outcome and states palpably false information several times in his written Judgement.

Garycomments: “It’s a sad day for freedom of speech, artistic expression, liberty, democracy and human rights. It is a good day for political correctness.”

There are believed to be some notable legal and police precedents set in this case:

1. The first and only songwriter in this country’s history to be arrested, raided and the subject of a full scale criminal investigation for the lyrics of published songs.

2. The first innocent person to spend over 6 months on bail without charge, without any evidence, no criminal offence or even a complaint of one.

3. The first innocent person to spend over 6 months on bail for bogus theft allegations where the items alleged to have been stolen would not fetch £5 on eBay.

4. The first time a detailed criminal file of an innocent person (including Police statements from West Yorkshire Police, Greater Manchester Police, the CPS, Special Branch, Scotland Yard and 10, Downing Street) has been passed to civilian employers to use in their internal employment discipline procedure.

5. The first time a detailed criminal file of an innocent person has been used as the basis of evidence at an Employment Tribunal.

6. The first time transcripts from an innocent person’s criminal interviews which were never disclosed to the employer, never formed part of the discipline procedure or decision to dismiss have been used in cross examination by an  employer’s barrister at an Employment Tribunal.

7. The first and only time The Police Regulations 2003 which only apply to Police Officers have been used to dismiss a civilian employee. This appears, on the face of it, to breach article 10 of the European Convention on Human Rights.

8. The first person to be sacked for tenuous links or perceived support for a Political Party as opposed to any kind of membership or affiliation. (a further potential breach of article 10 of the European Convention on Human Rights)

All the transcripts, tape recordings, documents and statements from the 3 year investigation have been made available to uPSD. There is no evidence, whatsoever, of any membership of BNP past or present. Which was the police’s findings also. It is yet another case of PSD incompetence crossing over into misconduct/criminality in order to achieve a pre-ordained result at any cost. For more details, transcripts etc please visit the website.