The Independent Police Complaints Commission (IPCC) is to investigate the role of several HM Revenue and Customs officers in a bungled GBP100 million VAT fraud prosecution which collapsed last year after the judge accused Customs officials of withholding evidence.
The trial over the alleged 'carousel fraud' involving the trading of goods, including mobile phones, across Europe without payment of VAT was halted at London's Southwark Crown Court in May 2005 after a hearing lasting 35 days. It was one of the costliest legal failures in Customs' history.
In his judgment, Mr Justice Crane was highly critical of the manner and process by which unused material had been disclosed by Customs and raised serious concerns about the evidence given by Customs staff, accusing them of withholding evidence from defence lawyers and even their own barrister.
In July last year, the Financial Secretary to the Treasury, John Healey MP, confirmed that HMRC has "agreed with the Independent Police Complaints Commission" that they will oversee an investigation into the criticism in Mr Justice Crane's judgment of actions of individual officers in 'Operation Venison'.
Legislation has now been passed to allow the IPCC to begin an investigation into the actions of customs officers and staff in the case, and from April 1 the Commission will be able to investigate serious public complaints against HMRC staff.
"The first phase of the inquiry will be to read the documentation in the case, all 412 boxes of it, before we can begin to interview witnesses," explained IPCC Commissioner Amerdeep Somal."The aim of the inquiry will be to find out exactly what did happen to cause Mr Justice Crane to stay the trial. The aim is to learn lessons for the future and also to find out how Customs and Excise staff carried out their functions," Ms Somal added.
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