- (14) Overall, I conclude that the DPM's conduct during the MoJ Period was on some occasions 'abrasive', in the sense of a personal style which is and feels intimidating or insulting to the individual, but is not intended to be so. His conduct was not, however, 'abusive', in the sense of behaviour which is intended and specifically targeted. He has been able to regulate this level of 'abrasiveness' since the announcement of the investigation. The DPM should have altered his approach earlier, and in particular after certain concerns had been flagged by Sir Philip Barton and Antonia Romeo.
173. In case it should be regarded as relevant, I have made the following findings of fact which could be taken into account as potential mitigation (but not justification) and in relation to the ability to ensure proper working practices in future:
- (1) The DPM has expressed regret in relation to the impact on individuals, which has been communicated to him for the first time in the course of the investigation. He has not offered any apology, given that he does not accept that he has done anything wrong.
- (2) There was a broad consensus amongst interviewees that, whatever might have been said about the DPM's conduct prior to the investigation, there was little or no valid ground for criticism of the DPM's conduct once the investigation was announced. Some of the individuals concerned with the MoJ Additional Complaints acknowledged that if the DPM had behaved previously as he has more recently behaved, there would have been no valid grounds for complaint.
- (3) The DPM said that he is committed to acting professionally and focusing on the job, because he cares far more about issues of national interest than his personal position. I accept that this is true, although he has also been left with a sense (as he put it) of having been 'wronged' and he referred to certain 'propriety issues' arising from the allegations within the Complaints. There is to that extent a risk of repetition, albeit one whose extent is difficult to assess.
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