The Information Commissioner’s Office (ICO) has ordered the PSNI to answer another previously refused enquiry into the handling of Jonathan Creswell.
It is the second time intervention has been required and comes amid concerns the PSNI may have misled the ICO as to why another Freedom of Information (FOI) request was refused.
Over the course of almost a year, the PSNI avoided answering a straightforward enquiry on whether An Garda Síochána was contacted in relation to Creswell after he fled to Donegal while wanted for exposure in 2016.
The ICO upheld the PSNI’s rationale after being erroneously informed it would take over the maximum 18 hours permitted for FOIs.
However, by this time it had been established, through other means, that Gardaí were never contacted and, rather than admit this, the PSNI deemed it too expensive to answer.
It actually took slightly over five minutes to locate.
The response was provided by a member of civilian staff, but this would still have required sign-off by a senior officer.
Chair of the Policing Board, Mukesh Sharma, has written to the Chief Constable and a complaint has been lodged – both have been confirmed as received.
Creswell was charged with murdering showjumper Katie Simpson in August 2020, who he claimed to have found hanging, but there were striking similarities to attacks on his previous partner, Abi Lyle.
Bizarrely, these convictions had vanished from PSNI systems.
Creswell took his own life 24 hours into his trial for Katie’s murder.
The exposure victim and her partner (who we are calling Sarah and Ian) worked with Creswell briefly in County Antrim.
Sarah described him as, “boasting of being jailed over Abi, saying his only mistake was ‘not finishing the b***h off’. I warned he was dangerous. I wasn’t believed.”
Having exposed himself to Sarah, Ian confronted Creswell, recording the interaction on his phone.
Enraged, Creswell threatened to “snap his neck and break his back” while shouting, “your c**t girlfriend will get what’s coming”.
With the workplace so toxic, the couple left, contacting police in January 2016, but Creswell was never traced.
After his trial ended last year, Sarah complained to the Police Ombudsman, but this was rejected as the PSNI insisted extensive efforts were made to locate him and he was believed to be in Donegal.
The complaint was reopened when evidence countering the PSNI position was presented to the Ombudsman.
Multiple FOIs thereafter were largely deemed too expensive and an upfront payment was declined.
However, the rejected enquiries about Gardaí contact undermined PSNI credibility.
Last week the ICO ordered disclosure of another previously blocked enquiry – when was the Wanted-for-Arrest alert in Sarah’s case stood down?
Initially the ICO again supported the PSNI, but following exchanges, the response showed Creswell was Wanted for Interview from February to August 2016, then upgraded to Wanted for Arrest in October 2016 until October 2017.
Separately, the PSNI confirmed Wanted Alerts remain live for as long as necessary and can be removed by any officer linked to the investigation.
Given Creswell’s previous record, absconding while wanted for sexual and violence allegations and a warning of dangerousness, the PSNI was asked to clarify the rank of officer and rationale for standing down the alert.
There was no answer at the time of publishing.
Earlier this year the PSNI were likewise forced to answer FOIs, including what date a forensic post-mortem was requested following Katie’s death.
After initial refusal the answer was provided, but this was followed up with an enquiry on the rank of officer who originally blocked it.
This too was refused but successfully challenged, and the PSNI confirmed it was a Detective Chief Inspector.
The PSNI, ICO and Policing Board have been asked to review all rejected FOIs in this matter (currently 17) to establish whether refusals were genuine.
So far, none have responded.
