Daniel Morgan – MPA independent review of the investigations into this murder

In 1987 Daniel Morgan, a private investigator, was murdered in a pub car park in Sydenham, south east London, in 1987. The murder has never been solved, despite two murder investigations and a further re-investigation, all conducted by the Metropolitan Police Service.

The Morgan family have long campaigned for whoever was responsible for the murder to be brought to justice. They believe there were serious flaws in the conduct of the investigation and have alleged that police officers were involved in the murder itself. The family approached the chair of the MPA for support.

At the meeting of the full Authority on 27 October 2005 members agreed to ask the Commissioner to submit a report to the Authority on the murder and the subsequent investigations of the crime. The commissioning brief for this report is set out below.

The Report will be shared with the Morgan family and their comments obtained so that the Authority can consider those as well. Following this the Authority may decide to engage a barrister to independently review the case papers in relation to the murder and all subsequent investigations.

MPA proposal

Although this murder took place some 18 years ago, there are a number of unanswered questions which the chair of the Authority believes continue to cast doubt on the integrity of the police service. The chair considers that an independent review, with a focused brief, will be a constructive and necessary way forward.

The following steps were agreed by the full Authority on 27 October 2005:

1. Under Section 22(3) of the Police Act 1996, the MPA requires the Commissioner to submit a Report to the Authority at its January 2006 meeting, in public session, on the murder of Daniel Morgan and the subsequent investigations of that crime. The commissioning brief for this is set out below. The Report will be shared with the Morgan family and their comments obtained so that the Authority can consider those as well; and
2. Following consideration of the Commissioner’s report, and in the light of comments from the family, the MPA will consider whether to engage a barrister to independently review the case papers.

Comments of the Deputy Chief Executive and Solicitor to the Authority

The Authority has no functions in relation to the investigation of the crime as such, or in relation to decisions whether or not to prosecute. Those are matters for the Commissioner and the prosecuting authority respectively.

However, in pursuing its responsibilities to secure effective and efficient policing, and to hold the Commissioner to account for the performance of the MPS, the Authority has a legitimate interest in receiving an explanation from the Commissioner of MPS’ actions in the case. The Authority has the power to require a report from the Commissioner about past matters as well as present ones, and the power to obtain independent legal advice to assist it to come to a view on the conduct of the investigations as a matter of performance and learning.

Letter from MPA Chief Executive & Clerk to Commissioner of Police of the Metropolis regarding the murder of Daniel Morgan

3 November 2005

Sir Ian Blair, QPM, MA
Commissioner of Police of the Metropolis
New Scotland Yard

Dear Ian,

The murder of Daniel Morgan

As you know, the full Authority meeting last week considered whether it wished to take steps in support of the Morgan family in relation to the events surrounding and subsequent to the murder of Daniel Morgan in 1987.

Members decided, under Section 22 (3) of the Police Act 1996, to ask you to submit a report to the Authority, the commissioning brief for which is attached. This commissioning brief attempts to capture the concerns expressed by the Morgan family and I need to make it clear, therefore, that its wording does not imply that the Authority has formed any views about the several investigations of this murder in advance of receiving your report.

The Authority agreed to receive your report at its meeting on 26 January 2006. The Chair has undertaken to give the Morgan family sight of the report in sufficient time to allow them to submit written comments to Authority members. This suggests, therefore that your report should be completed, or substantially completed, by the end of December. I would be grateful if you could alert me at the earliest opportunity if this is not going to be possible, with your estimate of the timescale required for completion of a suitably comprehensive report.

The Authority intends to take your report in open session. I am, however, concerned to ensure that we do not prejudice any possibility of securing future convictions for this murder. Therefore, I would similarly welcome an early discussion if there are specific aspects that may need to be treated as exempt information. I would, however, expect the whole report to be made available to the Morgan family.

Following consideration of your report, and in the light of comments from the family, the MPA will consider whether to engage a barrister to conduct a thorough but focussed review of case papers in relation to the murder and the subsequent investigations. In the meantime, David Riddle will consult with AC Brown and David Hamilton as part of the MPA’s consideration of the practical, legal and cost implications, and of a shortlist of Counsel who might be approached.

Yours sincerely

Catherine Crawford
Chief Executive & Clerk to the Authority

Commissioning brief for a report to the Authority - issued by MPA pursuant to Section 22(3) of the Police Act 1996

To report on the murder of Daniel Morgan and the subsequent investigations of that crime, and specifically on:

1. the murder and the circumstances surrounding the murder

2. the first investigation of the murder carried out by the MPS – giving a comprehensive account of the investigation and its weakness including the possibility of the investigation being compromised and specifically covering

1. the role of ex PS Sidney Fillery in that investigation: and
2. the extent to which other police officers were amongst those who sought to protect him

3. The Coroner’s inquest and verdict, including in particular the extent to which the inquiry was necessarily reliant upon the products of the first MPS investigation and therefore crippled by any identified weaknesses in that investigation (not least in relation to forensic evidence relating to the murder weapon and the integrity of the crime scene)

4. The further investigation by Hampshire Police, addressing in particular

1. The extent to which the terms of reference of the investigation were changed whereby its focus was shifted away from its original purpose of investigating police involvement in the deceased’s murder; and
2. The extent to which the report of the investigation to the PCA on the question of police involvement in the murder was misleading in its findings, not least in relation to forensic evidence relating to the murder weapon and the integrity of the crime scene.

5. Subsequent reviews and re-investigation by the MPS, addressing in particular the circumstances in which the third investigation (The Two Bridges Inquiry) was conducted almost entirely without the knowledge of the deceased’s family until it came to be aborted.

6. The extent of police corruption as it related to the murder of Daniel Morgan and the subsequent investigation

7. The current status of the inquiry

8. The lessons learned by the MPS from this case

The Commissioner’s report will be made available to the family of the deceased.

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