No apologies

16 April 2009

They're at it again! The EU's in-house inquisition OLAF, fresh from not learning the lessons of past persecutions, have brought to an end the 15-year career of a British consultant by spreading unsubstantiated allegations among his clients, writes Stephen Gardner. The anti-fraud blunderers have been castigated by the EU Ombudsman for their actions, but will they apologise, or even provide a justification? No. The consultant, Gavin Jones, worked on complicated EU "technical assistance" projects in countries from Albania to Papua New Guinea. In 2006, he learned that OLAF was circulating letters to his employers, stating that "elements suggest that [Jones had] committed serious irregularities". There were numerous follow-up letters and interviews of "witnesses". Jones's name was blackened, clients dropped him like a stone, and his work on anything vaguely European was unceremoniously ended. But OLAF's investigative frenzy – which included, according to Jones, taxpayer-funded fact-finding trips to places such as Prague, Istanbul and Bishkek – has led to, er, not much. OLAF letters that Jones has been able to obtain from former clients have dropped the accusation of "serious irregularities" saying only that "irregularities" may have occurred. At the end of last year, a file was passed to the "competent authorities" in Britain, but Jones has heard nothing more. His latest letter to OLAF has gone unanswered beyond the six weeks in which OLAF said it would respond. What has irked both Jones and the EU Ombudsman is not the investigation itself, but the way it has been conducted. OLAF has refused to detail the allegations against Jones, has presumed guilt, has provided no evidence to back up claims of irregularities, has not answered letters, has not provided anything, in fact, that would allow a reasonable person to mount a defence. OLAF won't even say who the British "competent authorities" are to which the file has been passed! The Ombudsman's view is unequivocal. OLAF, it said, "did not comply with the principle of fairness, the principle of impartiality and the principle of the presumption of innocence." Nor did it "justify its refusal to provide the complainant with information on the allegations against him." OLAF has not had the good grace to respond even to this, and past form suggests that no apology will be forthcoming. The case echoes the hounding, based on hearsay, of German reporter Hans-Martin Tillack, for which the fraud fighters also refused to say sorry, or even acknowledge shortcomings, despite court judgements in favour of Tillack. Jones says he will seek legal redress. But will OLAF change its ways? The Brussels Lubyanka stands stonily silent. A version of this article originally appeared in Private Eye.

 

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