In reference to a specific case the following concern was put to the Committee: 

“I note in an earlier Freedom of Information (6 February 2023, ‘Police Matters’) the CfHA refused to answer how much taxpayers’ monies was allocated for the legal defence of police officers by citing Exemption 2.9: ‘To recover the information requested would require an extensive search of electronic and paper files.’ 

“I apologise because this confuses me: I have in my possession regular emails between the CfHA and the Guernsey police discussing the current use of taxpayer’s monies, paid to Ferbrache and Farrell, for the defence of three Guernsey police officers currently embroiled in civil proceedings.” 

Off the back of this, the Committee was asked two questions: 

22. Given this new information, I respectfully request the CfHA publish the total spend with Ferbrache and Farrell for the ongoing lawsuits against Guernsey police officers; either by briefly checking the emails, the “briefing,” or Committee Minutes, or a combination. 

23. Given the above, how much did is cost the Guernsey police to hire THB Solicitors, and English law firm, to represent three Guernsey police officers in their misconduct interviews with the Isle of Man Constabulary in March 2023? 

In response to the original point made and the subsequent questions, the Committee said it maintains that it is appropriate to apply the relevant exemption “and does not consider there to be any point of public interest that may outweigh application of that exemption”. 

The answers to these questions were appealed, with an argument made that even if an exemption was correctly applied to give Home recourse to withhold the information, public interest would override the exemption. An independent panel was brought in to decide if the Committee answered appropriately. 

The independent panel found that an exemption had been correctly applied, however public interest overrides it. 

“The Panel do not accept that the matter is case specific and purely of private interest. The Panel consider that there is a wider public interest in disclosure,” it said. 

"In addition to the general public interest in transparency and accountability, the Panel consider that the prudent use of public funds, particularly where the amounts involved may be significant engages the overriding of the exemption.  

“The appeal is therefore upheld. The Panel’s finding is that the information requested, namely the Legal Costs, should be released.” 

Express has reached out to the Committee to ask whether it accepts the findings of the panel, and whether it’ll release the costs. 

The FOI and appeal fall out of an ongoing story involving a series of claims against police officers that wracked up more than £250,000 in legal expenses.

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