Page:Formal Complaints about the Conduct of The Right Honourable Dominic Raab MP, Deputy Prime Minister, Lord Chancellor, and Secretary of State for Justice.pdf/18

 the assistance of the FCDO and the MoJ, the documents requested were, so far as legitimately possible, collated and provided to the DPM prior to the relevant interview.

78. The DPM attended four separate interviews, taking approximately 2½ days in total. For convenience, the interviews were structured by reference to each of the DExEU Complaint, the FCDO Complaint and the MoJ Complaints. There was an additional interview in relation to the MoJ Complaints. The DPM engaged seriously and conscientiously with the investigation process. His interviews combined the provision of his evidence with the making of representations. He suggested a number of further interviewees, from whom I selected and interviewed those whom I considered were likely to be able to assist in relation to the allegations which had been made.

79. After the evidence-gathering phase of the investigation, the DPM made written representations. A number of these representations concerned the investigation process and the approach to evidence. It is important that I should respond to those representations in this report and have done so in the sections which follow.

80. I commenced the work necessary to make findings of fact and produce this report only after all of the evidence had been obtained and the DPM had made his written representations.

(2) The 'burden' and 'standard' of proof

81. As indicated above, the investigation was not governed by strict rules of evidence appropriate to court proceedings. Concepts applicable in legal proceedings such as the 'burden of proof' and the 'standard of proof' did not apply as such. However, as a general requirement of fairness, I have treated the burden of establishing any proposition as resting on the person who asserted it. I have made findings of fact on the basis that the applicable test is analogous to the balance of probabilities approach in civil proceedings.

(3) The scope of the Complaints

82. The Terms of Reference provide that I should establish the specific facts surrounding the Complaints. The published Terms of Reference refer in terms to the MoJ Group Complaint and the FCDO Complaint. The DExEU Complaint was added on 24 November 2022, at the Prime Minister's request. The MoJ Additional Complaints were added on 14 December 2022, again at the Prime Minister's request. In relation to both