The most serious allegations of criminality referred to during the Chief Minister's recent Radio Gibraltar interview were not made by RGP officers or anyone working in Government.
In answer to GBC questions, Number Six said Fabian Picardo had discussed the allegations with the Governor and the Police Commissioner, but stressed Richard Ullger is not the person who would usually receive such reports.
In answer to GBC questions, the Government said Fabian Picardo has full confidence in Richard Ullger, but stressed he would not usually, or ever as Commissioner, be the officer receiving such reports and neither is the Chief Minister the complainant who would make the reports.
It clarified the relevant individuals had made their complaints to RGP officers or to the Openshaw Inquiry solicitors.
GBC asked whether the Chief Minister had passed the evidence of potential criminality to the Senior Investigating Officer of the McGrail Inquiry Data Breach however, Number Six said Fabian Picardo has had no contact with Mr McVea.
Referring to a GBC interview last December about the Anti-Corruption Bill, where the Chief Minister said 'all criminality' should be reported to the RGP, we asked whether Mr Picardo considered there were any caveats to this. Number Six replied the Chief Minister's statement is a statement of the law. There are no caveats to it. For that reason, the relevant individuals have made reports to Police Officers, even though they may not have made them to Mr Ullger himself.
In respect of the GSD's question, about whether the police officers were moved before or after they had provided the evidence, the Government said protected disclosure is provided before the individual is moved. That protected disclosure is elevated to the status of "evidence" when it becomes a sworn statement subsequently.
In fact, it said the relevant information of the most serious criminality has been provided by individuals who are not in the employment of the RGP, or the wider Government, and who have not made protected disclosures, but who have approached the Government and the Governor to set out very serious allegations of criminal acts which they have reported, and are in the process of substantiating.
GBC asked whether Fabian Picardo considered there may be a conflict of interest in respect of this information, given that the Chief Minister himself is involved in the McGrail Inquiry. Number Six said there is no conflict of interest whatsoever by any definition of a conflict of interest.
It said in the context of the criminal law, it is in everyone's interests that any evidence of criminality be investigated by the Police. In the context of the Openshaw Inquiry, it is in everyone's interest that all relevant information be before the Inquiry for the Commissioner to determine what is relevant and to weigh it in his determination of the facts.
The Minister receiving a protected disclosure simply ensures that the person making the disclosure is not at risk of detriment as provided for in the law.
GBC reached out to Police Commissioner Richard Ullger, who said he commented on this issue during his interview last Wednesday and there is nothing else he wishes to add at this stage.