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Police storm the Warehouse. Click here
to view the .mpg (624K file)
You will need Windows Media Player, Real Audio or Quicktime Player
to view the files accompanying this report.
Almost two years ago the Warehouse,
Lancaster's smallest night club, was raided by the police after an extensive
undercover investigation into alleged drug dealing known as "Operation
Bubblewrap."
The entire investigation -- from surveillance to raid to eventual court
case -- cost over £1 million pound to mount. The club closed down and
the premises are now under new ownership.
With the Warehouse case now over, local journalist PAUL
WILKINSON looks at the background to Lancaster's
biggest ever nightclub raid and asks if 'Operation Bubblewrap' really
was in the public interest. Importantly, he reveals exclusive video and
new information about the discovery of cocaine inside the club on the
night of the raid which raises serious questions about the conduct of
the police that night.
Bursting the Bubblewrap
Do you remember 25 May 2001?
"The planning for Operation Bubblewrap had been meticulous, time-consuming
and chilling in its detail.Detectives didn't want dozens of clubbers locked
up for a bit of cannabis each. This exercise was about permanently closing
a licensed premises." Lancaster Guardian, June, 2001.
It was the biggest drugs bust Lancaster had ever seen. North Road was
closed for two hours and the traffic diverted. Police officers were
drafted into the city from forces throughout Lancashire. Up to 80 men
dressed in full riot gear wielding batons and 'blinding' dragon torches
burst from the police vans. They stormed the Warehouse Nightclub, the
owners were arrested and drugs were seized.
It was a "good result" said the police, captured in all its front-page
glory by a reporter and photographer from the Lancaster Guardian.
Surely this was an open and shut case?
They had found drugs on the premises, the owner Mark Harding was taken
to Preston Prison and the Warehouse was now closed - end of story.
But what the police did not meticulously plan for was the very vocal
and angry public reaction to their 'successful' operation.
Up to 60 members of the public turned up to a Lancashire Police Authority
meeting the following week to ask why the police had been so heavy handed.
The senior officer who organised the raid, Supt Jerry Graham, explained
that Operation Bubblewrap had been designed to protect the innocent
club goers.
The
police round up club goers inside the club.
Click here
to view the .mpg file (1.59MB file)
To see exclusive footage of the police raid on the Warehouse click
here.
Can you see the police 'protecting innocent club goers'?
In reality, the people inside the club that night were left terrified
and traumatised. A panic stricken asthma sufferer was refused her inhaler.
A group of deaf people were left scared and disorientated. People were
pushed and prodded with batons. Glasses were knocked out of people's
hands and smahed on the floor. Some people were stripped searched in
the toilets. Many were herded like sheep into the middle, then made
to walk down a long dark corridor one by one. They were stopped in the
darkness, torches lit up their faces and they were told to give their
name and address to a video camera. They were then released into the
streets. Many were young women without their friends or partners.
Yet for some reason, the Guardian's award-winning reporter
Brian Carter did not think the obvious distress of these local people
warranted a report in the newspaper.
Click
here
to see Brian Carter waiting outside the Warehouse for his 'exclusive
story' (he's the guy smoking a cigarette on the left).
What you can't see is the handcuffed owner, Mark Harding (which
occurs just underneath the CCTV camera)
You can see the Guardian photographer making sure he
has a picture of Harding's arrest for that week's front page.
Is this policing for the public, or the media? (1.7MB file)
What many people could not understand was the sheer scale of the operation.
The resources used in Operation Bubblewrap and the style of its execution
was something akin to the smashing of an international drugs cartel. Yet
this was Lancaster's smallest nightclub, a venue considered by the senior
licensing officer at Lancaster City Council, Clive Gregory, to be one
of the best run nightclubs in the district.
Drugs were found in the club that night but the total haul was rather
paltry considering the size of the raid. It was mostly cannabis, with
one clubber arrested for having a pocketful of ecstasy pills. But the
newspaper headlines led with the discovery of cocaine inside the club.This
helped send a signal to the public that Operation Bubblewrap was all about
the arrest of serious criminals.
The first casualty of media-led policing is the truth. The story of the
'cocaine' discovered in the Warehouse is intriguing and raises very serious
questions about the police behaviour that night.
The club's chillout room was locked and was forced open with a battering
ram used during the operation. Later that night, in Lancaster Police station,
Mark Harding was questioned about the cocaine found in the locked room.
The investigating officer said to him: "In the chill out room which was
locked, where your staff were, there's cocaine in there, there's amphetamine."
Harding replied "On where?"
The officer explained "They were all on the floor."
Nowhere in any of the police statements or records is there reference
made to the events you are about to see.
Click
this video
link to view what happened in the club's chillout room on
the night of the raid. (Please note this is currently a 7.7MB
file and we are aware it takes some time to download, so we have
extracted two pertinent stills from the sequence for your consideration
-- in particular what definitely seems to be the sudden appearance
of something on the floor in bottom left hand corner).
Click here
to see inside the chill out room on 25 May, 2001. Watch the floor space
in the bottom left hand corner. Can you see anything appear?
Now watch it again and read this sworn statement from an 18 year-old
Lancaster and Morecambe College student, signed as a true and accurate
before Harding's solicitor. (We have his name and details, which are
available to the police) who was sat to the very left of the picture.
"I was in the cloakroom area and was led into the chill out room. They
asked if I knew the law. I said no. The policeman said if I throw my
drugs on the floor right now he could choose not to prosecute. This
is what I did and they let me go. They didn't take my name or address."
This incident was also witnessed by the female member of staff who is
seen sat with her hands above her head in the middle of the chillout
room.
Here we have evidence that the police failed to act against an individual
found in possession of Class A drugs. They chose to let the one person
inside the nightclub in possession of cocaine walk free.
Then, somewhere along the police chain of command, information was given
to the investigating officer, which alluded to the cocaine belonging
to Harding or his staff (ie. people connected with the Warehouse) Officers
knew exactly where the cocaine came from and how it got into the chill
out room yet there is no mention of this in any of their detailed statements
which are required by law to be accurate and correct.
Is this not a failure to report a crime? Is this not a serious breach
of the PACE regulations? Which senior police officers were aware of
this and what did they do about it?
Strangely, cocaine was mentioned in a Lancaster Guardian headline
next to a front-page picture of Harding being arrested.
Operation Bubblewrap was conceived following intelligence from a source
which was acknowledged at Preston Crown Court on February 7, 2003, to
be "mischievous."
Harding's business partner, Alistair Pratley, was the original target
of the police undercover operation, which involved up to 120 hours of
covert video surveillance.
The police had been led to believe that he was involved in serious Class
A drug dealing yet, despite their best efforts, they had not found a
shred of evidence.
In court, Pratley's barrister, Mr White, said: "The police received
mischievous information about Pratley. The police were told a pack of
lies that were not in anyway substantiated despite the police watching
him very carefully." This was fully accepted by the presiding Judge
Baker.
Comically, following Pratley's arrest, the police searched his house
and collected white power found on his carpets. It turned out to be
'Shake and Vac.'
When the surveillance was extended to include the Warehouse club, undercover
officers visited the premises and made drug purchases from three different
individuals. On each occasion the undercover policemen asked the three
dealers if they could get them cocaine. Every time they were unsuccessful.
And every time the police arranged to meet the dealers inside the Warehouse.
They did purchase ecstasy on each occasion but there was no obvious
evidence linking the dealers with the Warehouse staff, despite the best
efforts of the police.
Referred to as the "The Warehouse Three" in reports in the Lancaster
Guardian, these dealers had no connection with the club whatsoever.
In fact, on the night of the police raid one was arrested in the Alex
Pub, one was arrested having just left the Gregson Centre and one was
arrested at Morecambe Police Station. Could these three dealers have
sold drugs at other licensed premises? Chances are they did, but each
time the undercover police had arranged to meet them inside the Warehouse.
Five months earlier, in December 2000, Harding was approach by police
who said they had information that a dealer was operating in his nightclub.
PC Tony Murphy was invited into the club where he successfully apprehended
the dealer. In a statement PC Murphy said: "I later spoke to Pratley
and Harding and thanked them for their support."
Harding thought he had a good relationship with the police. He had never
had a warning - only thanks for co-operation, and he maintained due
diligence in what is an increasingly impossible situation for every
Lancaster night club to stop drug abuse on their premises.
Compare Lancaster police's approach to the Warehouse to the knowledge
displayed by drugs officers in West Cumbria. On 23 May 2001, just two
days before the infamous Warehouse raid, a senior Cumbrian officer,
Det Srg Cliff Walker, spoke publicly to explain how the drug culture
had changed. He said: "Anyone can go into any club and ask two or three
people how to get hold of ecstasy and they will not have a problem.
You can virtually guarantee that in any busy club on a Friday or Saturday
night there could be 20 or 30 people with tablets for sale. That's the
culture these days."
Unfortunately for everyone connected with the Warehouse the police had
decided they wanted it closed.
Police had gone into the club, found three dealers, made repeat purchases
and, with covert video surveillance which showed people around a table
smoking cannabis, had organised the biggest drugs bust Lancaster had
ever seen. Costs to the public purse of the Warehouse case have been
estimated by one defence solicitor to be in excess of £1 million.
When the case finally reached Crown Court, the police backed away from
the serious charges and put a deal to the defendants saying they would
accept pleas of knowingly permitting the premises to be used for the
smoking of cannabis. Reluctantly, Harding, Pratley and the doormen agreed,
knowing that if they said the word 'guilty' they were almost guaranteed
a non-custodial sentence compared to five years in prison if they lost
a court case. Their evidence never went before a jury and Judge Baker,
who remarked that they were all men of "previous good character, spoken
highly of by all those who knew them" handed out sentences of community
service and fines.
The Judge added that it was not "in the public interest" to jail them
and, nearly two years later, questions must now be asked if Operation
Bubblewrap itself was in the public interest.
Take the three guilty dealers who had no connection with the club out
of the equation and you have a million pound operation to secure community
service orders for cannabis offences and a number of drugs possession
offences (which are normally dealt with at the magistrates court).
Is this value for money? Is it effective policing? What impact, if any,
has it had on the local supply of drugs?
There are many other questions. Was the threat of force and the confinement
of the innocent clubbers legal? Did the videoing of everyone inside
the club breach Article 8 of the European Court of Human Rights? Was
evidence gathering inside the club that night lawful? Is the relationship
between the police and the Lancaster Guardian healthy and in
the interests of justice?
Was the threat to arrest Harding's family members if they reopened the
Warehouse nightclub lawful? Who warned various local security firms
against working at the Warehouse?
What evidence did Lancaster City Council have of a 'current' drugs problem
when they closed the club down? (They admitted there was no recorded
evidence for six months before the hearing). Who issued information
to local radio stations saying the Warehouse defendants had admitted
to charges of possession of 'heroin,' a statement that was quickly retracted
having been broadcast?
For the sake of 'public interest,' the architects of Operation Bubblewrap
should explain themselves. In particular, how cocaine was discovered
on the chillout room floor.
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