Chief Constable admits Northamptonshire Police 'fell short' after contempt of court ruling
The county’s police force is facing another blow after the current Chief Constable of Northamptonshire Ivan Balhatchett was found to be in contempt of court by High Court judges.
As the judgement was made in a civil court, he could be fined but in some cases civil contempt can be punished by imprisonment.
The top cop now faces a possible two-year jail sentence for repeated failure to obey previous rulings for his force to hand over body worn camera footage of a woman during an arrest.
Northants Police was found to be ‘willfully disobedient’ for repeatedly failing to obey rulings to hand over the video to Nadine Buzzard-Quashie who complained she had been wrongly arrested by three officers.
Ms Buzzard-Quashie, founder of Kiss My Parcel, had been arrested in Northants after travelling from her home in London. She had been previously arrested by the Metropolitan Police and ‘intrusive’ footage of her time in the cells was passed over to Northants Police – but when she requested it be handed over, the force claimed it didn’t have it.
Northants Police ‘fell short’
A spokesman for Northants Police said: “The force notes the judgement handed down in this case at the Court of Appeal.
“An apology for the issues has already been given in the shape of the Chief Constable’s witness statement which has been entered as evidence.
"We acknowledge we fell short in terms of providing the body worn footage in a timely fashion and our failure to locate further missing footage when asked.
“The matter has been referred to the Independent Office for Police Conduct (IOPC).”
Lady Justice Asplin, Lord Justice Coulson and Lord Justice Fraser handed down their judgement yesterday (November 11) at the Court of Appeal.
Ms Buzzard-Quashie successfully appealed the refusal of the County Court at Central London to hold the Chief Constable in contempt, in spite of the force’s admitted non-compliance with a court order.
It is the first time in UK history that a chief constable of a UK police force has been held in contempt of court.
Ms Buzzard-Quashie reacts to the judgement
Ms Buzzard-Quashie said: “This case is not only about my right to access my own data. It is about accountability, truth, and ensuring that those in positions of power are not permitted to ignore the law with impunity.
"The Northamptonshire Police acted in an arrogant and high-handed manner by ignoring my requests for documents, as well as the findings of the Information Commissioner’s Office and a county court order.
"It is astonishing that after four years I am still battling to get a frank, open and honest response about what they did to the evidence around my wrongful arrest and why.
“I am elated that justice has finally prevailed within the Lordships’ judgement, not just for me, but for all of the other little people that have been silenced or obstructed by institutional power. I hope that this judgment, and whatever sanction may follow for the chief constable, serve as an important demonstration that no authority is above the law.”
Ms Buzzard-Quashie’s battle through the courts
The written judgement highlighted the non-compliance of the force with the county court’s order and the extent of the non-compliance for a period of nearly four years.
Ms Buzzard-Quashie first made a Subject Access Request (SAR) to Northamptonshire Police following an alleged wrongful arrest in September 2021, during which she alleges she was assaulted and her property unlawfully seized and never returned.
Northamptonshire Police failed to comply with the SAR and were subsequently ordered by Deputy District Judge Leong, sitting at Brentford County Court in April 2023, to disclose any and all video footage taken on police cameras relevant to Ms Buzzard-Quashie’s arrest and detention within 28 days, or in the alternative provide a statement from an officer of rank no lower than Inspector to explain the absence of any such footage.
Northamptonshire Police again failed to comply so Ms Buzzard-Quashie brought contempt proceedings against the chief constable.
The chief constable defended the force on the basis that it had supplied all footage it still retained, and the explanatory statement given by a civilian data officer was sufficient – despite her not being an officer with the rank of inspector or above.
Heard in Central London County Court in April 2024, judgment was handed down in which it was confirmed that Northamptonshire Police had not complied with the order. But the judge declined to find the chief constable in contempt, as she could not be sure that the force had not ‘supplied all the footage’ and she did not think they ‘intended’ to breach the order.
After the application was dismissed Ms Buzzard-Quashie was ordered to pay the chief constable’s application costs.
Ms Buzzard-Quashie then appealed the judgment on the basis there had been an error of law by the judge concluding that the conduct causing the breach had to be ‘wilful, deliberate or contumelious’ in order to amount to contempt. An appeal was then granted at the High Court.
In the week leading up to the appeal hearing, the chief constable conducted a data audit which revealed the existence of further footage that ought to have been disclosed as stated by the county court’s order.
This meant that numerous statements given on the chief constable’s behalf to both the county court and the Court of Appeal were accordingly, ‘false’.
The day before the appeal hearing, the chief constable conceded the appeal and admitted he was in contempt of court.
Lord Justice Fraser made a number of important observations about the law in this field, concluding ‘that no intent to breach an order is required for a finding of contempt’ and that the chief constable ‘may be responsible for acts or omissions of others and can accordingly be held in contempt’.
‘Contempt of court is an extremely serious matter’
Marc Livingston, solicitor at Janes Solicitors LLP, who acted for Ms Buzzard-Quashie on the appeal, said: “Contempt of court is an extremely serious matter. It is a matter of deep regret that throughout the history of this matter, Northamptonshire Police did not appear to have appreciated the position they were in and the duties they owed to the court and my client.
"It is absolutely astonishing that the scale of their non-compliance only became clear in the two weeks before the appeal hearing, over four years after the incident, two-and-a-half years after Deputy District Judge Leong’s order and nearly 18 months after the original county court contempt hearing.
"The Court of Appeal decision vindicates Ms Buzzard-Quashie taking the draconian steps she did and is a testament to her dignified persistence. I also want to pay tribute to my instructed counsel, Charlotte Elves and James Leonard KC of Outer Temple Chambers, who were both rightly singled out for praise by the Lord Justices.”