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Suffolk County Council
Fire Service
Mr C Hayward
Brigade Secretary
Fire Brigades Union
KES/DISC/Hyde/MLA
ACFO Seager
(01473) 588939
8th July 1999
Dear Mr Hayward,
APPOINTMENT OF ASSESSORS FOR SUMMARY HEARINGS
Thank you for your letter dated 24th June 1999 addressed to the Chief fire officer. I believe you were aware that the Chief Fire Officer was on annual leave until 6th July. He has passed your letter to me on his return for reply.
To a large extent, you raise the same queries as Mr Bill Rampling, who has also written on behalf of the Fire Brigades’ Union about this case. I am not certain whether or not Mr Rampling’s letter was on behalf of the Brigade Committee, but I presume he will bring my reply to your attention.
I believe my reply to Mr Rampling adequately explained why I have felt it necessary on this occasion to appoint an assessor for the hearing and I do not propose to restate my case here. This affair has already taken up an inordinate amount of my time; having to deal with almost daily correspondence and I can ill afford to have to constantly repeat myself.
In answer to your specific questions, I would answer as follows. (The numbers correspond to the numbers used in your letter, so you can relate each response to the relevant question):
1. I do not believe that the appointment of an assessor is “going against discipline procedures and guidance”.
2. It was my decision to appoint an assessor.
3. I have explained my reasons for appointing an assessor in my reply to Mr Rampling. I would refer you to that reply.
4. The decision is not related in any way to the involvement of the accused as an official of your Union. The decision has been made, as future decisions will be made, purely on the merits of the case.
5. I do not know, but the fact there is no mention of an assessor cannot be taken as evidence that it is prohibited.
6. It is more usual to appoint an assessor in such hearings, but I repeat, I do not believe that the use of an assessor is prohibited in summary hearings.
7. No, I cannot provide an example, but I would ask why is that relevant?
I do not intend to reverse my decision to appoint an assessor for the hearing due to be held later this month. I firmly believe that the best interests of the accused are served by having advice available to the Presiding Officer during the hearing. It would be unfair and unreasonable, in my opinion, to expose the Presiding Officer to the legal arguments we expect the accused friend to raise without giving him the facility to take advice. In order to comply with the Guidance to the Regulations, that advice must be given openly within the hearing itself, hence the appointment of the assessor.
Yours sincerely
K. E. Seager,
Assistant Chief Fire Officer (Technical)
Brigade Investigating Officer