McGrail trial to conclude Friday: former commissioner says sexual assault allegations 'utterly false', repeating conspiracy claims

Ian McGrail has said the allegation of sexual assault against him is ‘utterly false’ and he has never behaved inappropriately with any officer.

He gave live evidence for 2.5 hours in his trial at the Magistrates’ Court. The former commissioner said the complainant is ‘completely delusional’.

He said her evidence was not reliable. For example, the complainant had claimed she was the only officer in uniform at an event they both attended. Video evidence today showed this wasn't true.

He said of the allegation, his arrest and the subsequent trial; ‘this is turned my life upside down’ and said he's had many sleepless nights.

Ian McGrail told the court that at time of his arrest for sexual assault he was already under pressure due to his earlier arrest on suspicion of conspiracy to cause a data breach at the inquiry solicitors. He was later released from arrest and told the court it was bizarre as it was he who had uncovered the leak himself and informed the RGP.

He said he believes there is a conspiracy with a view to discrediting him and bringing down his reputation before and during the inquiry and this allegation is part of that.

He said before he even called the inquiry he had been warned of this and had written down his concerns, depositing them with his lawyers as well as people of high repute in Gibraltar and abroad incase anything untoward happened to him.

With his voice breaking with emotion, Mr McGrail said “I am not a criminal”.

Speaking about the alleged sexual assault, he said police officers are trained to take notes of significant events and questions why the complainant - herself a police officer - would have no contemporaneous note of this alleged incident. He said this is because it never happened.

Mr McGrail said the complainant’s evidence is that the incident happened a mere 10 metres from the Command Suite, which has a glass door that the secretary could look through at all times.

He referred to the complainant’s evidence that he grabbed her bottom for a full 10 seconds. He said in this context 10 seconds is a very long time, claiming her evidence does not stack up.

He said 20-25 personnel worked there during working hours and to suggest he might have risked 36 years of hard work in that way just doesn’t make sense.

The complainant has not been able to specify a date for the alleged assault, with the charge spanning a whole year. Mr McGrail said in his experience it was also not normal for an alleged one-off incident to have such a broad time frame. He also said the lack of date denied him the chance of an alibi.

The former commissioner also referred to two other incidents the complainant highlighted in her evidence. One was a patrol in which she said he requested that she join him, during which he was over friendly and called her pretty. Mr McGrail said he remembers a third officer was present. Evidence from this third officer submitted to the court is that Mr McGrail did not behave inappropriately that evening. WhatsApp messages sent from the complainant to her then partner that evening about her time with the then Commissioner also say they discussed work, with no mention of anything untoward.

Another occasion highlighted by the complainant was a conference in which she had said Mr McGrail again specifically requested she attend, and that she was by his side the whole time she was at the event. Mr McGrailshowed the court numerous photos and videos taken at the event which suggest otherwise – with only one of the many images shown do the pair appear together.

He said the complainant is not reliable and that he rejects what she has said entirely.

Also for the defence, three people were called to give evidence in relation to the police federation and links to the inquiry.

First up, Michael Crome, who said he was in court in his capacity as liaison officer for the Government for the police federation. He went over the letter of assurance given to the complainant, and confirmed she would have remained on the same salary she had at the RGP if she was transferred. He said he met the woman at the Federation offices – she had given another location for this meeting.

Former Police Federation Secretary Leif Simpson was next to give evidence. When questioned by Charles Gomez he said 14 officers had made statements to the Federation for the Inquiry, and that around 5 or 6 of them have been transferred out of the police under whistle-blower protections.

Retired Chairman of the Federation Maurice Morello was the last witness to give evidence. He told the court transfers out of the police to another role were only made when an officers’ position becomes untenable.

When questioned, Mr Morello said he was not aware whistle-blowing protections had ever been needed until the inquiry.

When asked if the federation had actively sought out officers to give statements for the inquiry he replied “absolutely not”.

The Crown and Defence cases have now concluded. Closing arguments from both sides are expected tomorrow.

Charles and Nick Gomez represent Mr McGrail, with Johann Fernandez for the Crown.