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Operation Elveden: CPS statement on Alan Tierney

07/02/2013

Alison Levitt, QC, Principal Legal Advisor to the Director of Public Prosecutions, oversees CPS decision making and all potential prosecutions in relation to the ongoing phone hacking investigations and other related matters.

Ms Levitt said: "This statement is made in the interests of transparency and accountability to explain the decisions reached in respect of cases arising from Operation Elveden, which is the Metropolitan Police Service investigation into allegations involving the unlawful provision of information by public officials to journalists. 

"This announcement relates to a file of evidence received from the Metropolitan Police Service. The investigation in this case was overseen by the Independent Police Complaints Commission. A charging file in respect of this matter was received by the CPS on 14 January 2013.

"We have concluded, following a careful review of the evidence, that Alan Tierney, a former police constable with Surrey Police, should be charged with two offences of committing misconduct in public office. 

"It is alleged that in 2009, Mr Tierney provided information to The Sun newspaper on two occasions in breach of the terms of his employment with Surrey Police and was paid £1,750.

"The first charge relates to an allegation that Mr Tierney provided details to the newspaper about a shoplifting incident in which he was the arresting officer. 

"The second charge relates to an occasion on which Mr Tierney took a statement from a witness to a domestic violence incident. It is alleged that Mr Tierney passed the witness' name, address and details of the incident to the newspaper. 

"Both of these incidents were linked to high profile people. 

"All of these matters were considered carefully in accordance with the DPP's guidelines on the public interest in cases affecting the media. These guidelines require prosecutors to consider whether the public interest served by the conduct in question outweighs the overall criminality before bringing criminal proceedings. 

"Accordingly, we have authorised the institution of proceedings and Mr Tierney will appear before Westminster Magistrates' Court on a date to be determined. 

"The file of evidence we received on 14 January 2013 also related to a member of the public. We have concluded that there is insufficient evidence to provide a realistic prospect of conviction and therefore this individual will not face further action.

"Due to ongoing proceedings, it would be inappropriate to say any more at this stage. However, at their conclusion, we will consider if more can be made public in relation to this decision.

"May I remind all concerned that proceedings for a criminal offence involving Mr Tierney will now be commenced and that he has a right to a fair trial. It is very important that nothing is said, or reported, which could prejudice that trial. For these reasons, it would be inappropriate for me to comment further."

The full charges are as follows:
 
Alan Tierney, between 26 March and 3 April 2009, whilst acting as a public officer, namely a constable of Surrey Police, wilfully and without reasonable excuse or justification misconducted himself

Contrary to common law

Alan Tierney, between 2 and 7 December 2009, whilst acting as a public officer, namely a constable of Surrey Police, wilfully and without reasonable excuse or justification misconducted himself

Contrary to common law

Ends