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Legal Claim Against Openshaw – GSLP Ministers Inquiry Contradictions at Taxpayer Cost

The publication of Mr Picardo’s slating of some of Sir Peter Openshaw’s findings as “irrational”
“unfair” and “unlawful”, are a bitter epilogue to GSLP contradictions in the face of the public inquiry findings and their unwillingness to accept inconvenient truths. Sir Peter Openshaw’s defence to those proceedings is telling and powerful in exposing those contradictions.

The public inquiry has cost the taxpayer more than £8M. Who knows how much Mr Picardo’s private legal challenge
is costing the taxpayer over and above that? We have said previously that it is wrong for Mr Picardo to be using public
funds on a private legal crusade which he should pay for himself. When the Inquiry was convened Mr Picardo promised
it would establish “the truth, the whole truth and nothing but the truth.” When the Inquiry reported Mr Picardo said
he and the GSLP Government had been “vindicated” and “exonerated”. But a few weeks later he filed a judicial review
which is now in the news again and he did so with the support of all his Ministers who own and condone his improper
actions.

Leader of the Opposition, Keith Azopardi said: “All Ministers backed him to the hilt and have now welded themselves
into this attack on Sir Peter Openshaw which follows on from other attacks on the Principal Auditor. What they are
doing now is no more than adding to the shameful spectacle of a Government that said in December that “His Majesty’s
Government of Gibraltar welcomes the findings of the Inquiry” , then pretended it had been “vindicated” and added
that “With the Report now published, Gibraltar can finally draw a line under this matter and move forward with
confidence in the strength and integrity of our institutions.” It then proceeded to launch an all-out attack on the RGP
as an institution in Parliament and in reality even now cannot accept those critical Inquiry findings. It is those appalling
contradictions that are “irrational” and that demonstrate that this GSLP Government has learned nothing from this
shameful episode. Lasting change will only come when they are removed from office by the people of Gibraltar.”

GSLP Government Wrong to Pay Picardo legal costs of any new personal challenge

Under the Crown Indemnity principle, the State funds the legal costs of a Minister who sues or is sued in relation to acts within the scope of his Ministerial duty.

But how are the findings of Sir Peter Openshaw about the activities of Mr Picardo having meetings with a then suspect or his lawyers or communicating with them in a “grossly improper” way within the scope of his Ministerial duty. It should also be obvious that acting in a “grossly improper” way to attempt to interfere in a criminal investigation would never be within a Chief Minister’s duty.

On that basis it is hard to see how the Government has justifiably decided to endorse the spending of public monies to fund Mr Picardo’s private legal challenge on findings that he attempted to interfere with a criminal investigation.

It is also striking that this is apparently a “Cabinet” decision. In other words this is evidence of the entire group of Ministers backing the payment of Mr Picardo’s legal fees for a private legal challenge in relation to findings that he has attempted to interfere in a criminal investigation and done things well outside his Chief Minister’s role and duties.

Mr Picardo says he has the “fulsome support” of Ministers. If so they should all say. Yesterday Ms Arias-Vasquez said
she backed a Chief Minister who has been found to have attempted to interfere in a criminal investigation. What do
others say?

Leader of the Opposition, Keith Azopardi said: “The GSD have brought a Motion of No Confidence against Mr Picardo
which is on the Parliamentary agenda. Ministers will need to decide whether to back him or sack him and there will be
no hiding place on the issue when the time comes.”

It’s now been over 2 months since the Government received the Inquiry Report and almost three weeks since
publication.

In all that time no Minister has said anything about the Inquiry Report except for Ms Arias-Vasquez’s forced answer
during the course of an interview on another subject. Given the serious findings that the Chief Minister acted
improperly and attempted to interfere in a criminal investigation it is remarkable that Ministers think they can get
away with silence.

The reality is that silence is acquiescence and amounts to support of the Chief Minister. Sooner or later all Ministers
will need to pronounce themselves on this question unless of course the Chief Minister is scared of allowing each
Minister a free vote on the issue and seeks to amend the No Confidence Motion to prevent them from voting on
whether they have confidence in him.

Picardo Should Resign in view of Shocking Openshaw Report Findings

Sir Peter Openshaw’s Report in the McGrail Inquiry is a damning verdict on Mr Picardo’s behaviour. The Chief Minister’s position is now untenable. He should resign and an election should be called. Each Minister now needs to consider whether he or she should, in good conscience, continue to support Mr Picardo. If they do, then that, in itself, will be a stark message to the electorate of what they now each represent.

In a Ministerial Broadcast this afternoon Mr Picardo in his customary spin stunningly claims to be “vindicated” in the Openshaw Report. This is so far from the truth as to be a total repackaging of a Report that can be read by people themselves now. It is frankly shocking that Mr Picardo should double-down on what is a scathing Report on his conduct with a presentation full of half-truths, twists and spin. It is a travesty of the truth for the Chief Minister to have undertaken his broadcast on that basis and it speaks volumes about his contempt for the truth and desire to erect an immediate false narrative as a smokescreen. It also is massively disrespectful of people and shows that his contrite image today was nothing more than a mirage.

Leader of the Opposition, Keith Azopardi said: “For months before the last general election Mr Picardo repeatedly said he would be exonerated by the Inquiry and that (in his own words) it would get to “the truth, the whole truth and nothing but the truth.” Far from exoneration he has been deeply criticised for his conduct. There is now no hiding place and this fresh misconduct is layered over previous excesses.”

Describing the operation to execute a search warrant in Operation Delhi (an investigation that involved a friend of Mr Picardo) Sir Peter Openshaw, an experienced High Court Criminal Judge with decades of experience has found that in a meeting Mr Picardo made a “grossly improper attempt to interfere in a legitimate police investigation and operation.” He goes on to say: “That Mr Picardo still seeks to defend his actions, that he thinks he was within his rights is not mitigation. Indeed, it makes it much worse.”

There are some very grave findings in the Openshaw Report that Mr Picardo has acted with “gross impropriety” or has improperly disclosed confidential information or “deliberately and cynically…misled” the Police Authority. The Inquiry Chairman has found he compromised the independence of the Police Authority and that he was “sinister” in using processes to bring about the dismissal of the former Commissioner of Police “for reasons of his own.” The Inquiry Chairman makes clear he considers Mr Picardo “crossed the line” on a number of occasions.

Additionally, he is severely criticised for not respecting proper boundaries of behaviour on conflicts of interest and for involving himself in discussions with lawyers of a suspect and seeking to assist that person of interest. This conduct

was clearly “objectionable” and an inappropriate handling of obvious conflicts of interests with his “friends and business partners.” The Chairman notes that it was “plainly not appropriate for Mr Picardo to tell the suspect, or his lawyer, what he believed the DPP had advised for or against, or indeed that he had not so advised.” He notes how the “Chief Minister of Gibraltar is suggesting to the lawyer of a man who was then suspected of serious crime…how he might retrieve his client’s mobile from the police to prevent them from interrogating it… ” noting this was an example of “gross impropriety” by Mr Picardo. That “ …the lawyer and indeed the suspect, were Mr Picardo’s great friends and business partners merely makes the position worse.” All in all Mr Picardo was clearly breaking so many rules andeffectively seeking to interfere with a criminal investigation that his position is now untenable. If this Report emerged in the United Kingdom a UK Minister would be compelled to resign.

The criticisms of his behaviour come just after the shocking behaviour of the GSLP Government towards the Principal Auditor. Once again it shows a Chief Minister and a GSLP out of control and having no regard for constitutional or democratic governance boundaries.

It is now evident what was behind the attempt to provide minimal time for the Opposition to read this Report while giving himself a full 46 days to prepare the inevitable damage limitation exercise in overdrive they have already embarked on. This has been compounded by the restriction that was placed on the Leader of the Opposition that he could not share the contents of the Report with GSD MPs till publication.

We will have more to say when we are able to more comprehensively set out our views on this important Inquiry and its recommendations. But already it is obvious that we are facing an unprecedented situation of a Chief Minister

seriously criticized by the Inquiry he himself convened. The Recommendations themselves vindicate the long-standing criticisms levied against Mr Picardo and his Government the calls for massive reform of governance and conflicts of interest controls.

Tomorrow Christmas Eve at 830pm the Leader of the Opposition will exercise his right of reply to the Chief Minister on GBC TV.

GSD Reaction to Conclusion of Talks on Treaty Legal Text

The GSD welcome the European Commission’s confirmation that talks on the legal text of a Treaty for a new relationship with the EU for Gibraltar have concluded.

Leader of the Opposition, Keith Azopardi said: “We welcome the news that the main negotiating talks have effectively concluded and what is now left is the more technical process of legal review and translation. We look forward to publication of the Treaty text so that there can be a full debate in Gibraltar and understanding of what has been agreed.

The long-standing GSD position is that we are in favour of a safe and beneficial agreement with the EU and that the evaluation of the Agreement and whether it is safe and beneficial has to be done when it is published and we all know what it says. There is not a deal done until a Treaty is signed and clearly there is a need for finality and certainty for Gibraltar after so many years since the Brexit Referendum. That is important for the quality of life of people, for businesses and for the economy. In particular we also look forward to debating the Treaty in Parliament in 2026 when it is concluded.”

McGrail Inquiry – Publish by Monday and Release to Opposition Now

If the ongoing Inquest concludes by Friday the Report should be published immediately and by Monday. It should not now be held back for any other reason.

Leaving it till later next week will take the publication so close to Christmas as to effectively be an attempt by the Government to bury this into the Christmas break. Given that they have had it for 6 weeks already that would be outrageous and counterproductive to the public interest given the very serious issues that were at stake. The holding back of the Report so that Mr Picardo could be available to respond from 5 Dec 2025 was no more than the GSLP Government acting in accordance with its own self-serving interests and not the public interest. Was there no other Minister who was able to do an interview on the subject given that the Government of Gibraltar were core participants?

Additionally, it is increasingly untenable for the Govt to resist disclosing the embargoed copy to the Leader of the Opposition immediately when GBC and the Chronicle have had it for nearly two weeks.

Leader of the Opposition, Keith Azopardi said:

“Hanging on to the Report for dear life can only be because they are so worried about its contents. By next Monday the GSLP Government will have had the report for nearly 7 weeks and GBC and the Chronicle almost three weeks. How is it reasonable to provide an embargoed copy to the main press for weeks but withhold it from the Opposition? It is no more than naked party-political interest and the GSLP leadership&leadership contenders need to justify that. This is a Government that is running scared from publication, still acting in a self-serving way and trying to massage all aspects of the presentation of the report. The public will see through all that when the time comes.

GSLP Holding Back Inquiry Report to Leader of the Opposition Tells a Big Story

By the time the McGrail Inquiry is published the main Gibraltar press will have had it for at least 12 days. TheGovernment itself will have had it for a minimum of 39 days. In both cases those periods will be even longer if the publication date goes beyond 15 December. On the Government’s own admission, the publication of the Report is being held back so the Chief Minister can be available to have a say in what it has described as “the foreseeable public debate” – presumably to defend the Government’s corner. GBC and the Chronicle has also been provided the Report to help in their own public presentations.

For the GSLP Government to now confirm it will not provide the embargoed Report to the Opposition Leader till 24 hours before publication is a transparent attempt at minimising notice when the Government itself is obviously preparing for the coming public debate they envisage.

Mr Azopardi said: “The Government’s insistence of minimizing notice to the Opposition speaks volumes about what is truly going on here in their desire to control the initial presentation of this Report. This is not about us weaponizing anything as they claim. How can it be when we have not even seen the Report? It is however about a desperate GSLP

Government who received the Report over a month ago and are fully aware of its conclusions seeking to maximise control of its delivery to the public. People will see through all this when the time comes. How does the Government’s obsessive desire to massage every aspect of the publication process contribute to clarity on the Report’s conclusions on the major issues of public interest that were raised in the Inquiry? Or is it really more about nervousness as to what the Report actually says?”