Police advised the city council's chief executive not to share sensitive information with Mayor Joe Anderson, a tribunal heard.
The information has been revealed in a judgement handed down by Judge Rachel Mellor, who presided over Nick Kavanagh's unfair dismissal case against the council. Nick Kavanagh was the director of regeneration at the city council for nearly a decade.
Mr Kavanagh was arrested at the Cunard Building by Merseyside Police as part of the force's Operation Aloft in December 2019. He was subsequently suspended from his job and was eventually dismissed in March 2021 following a council disciplinary hearing.
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Mr Kavanagh, who denies any wrongdoing and has not been charged, lost his unfair dismissal case against the council. In her judgement Judge Mellor has revealed that Tony Reeves, the city council's then chief executive, was advised by police not to share sensitive information with then Mayor Joe Anderson. Mr Reeves resigned from his role earlier this month.
Judge Mellor stated that Mr Reeves was dealing with an internal investigation by Simon Goacher, of Weightmans Solicitors ,into the New Chinatown site. He delivered the report in May 2019.
However Mr Reeves became concerned that this investigation could conflict with a police investigation into the council. In her judgement Judge Mellor states that in December 2019 Mr Reeves was in dialogue with senior officers at Merseyside Police.
These officers had by that point decided to arrest Mr Kavanagh, and asked Mr Reeves not to share certain information with Joe Anderson.
Her judgement reads: "By 19 December 2019 the Police had taken the decision to arrest the claimant and confirmed to Mr Reeves that they were content for the respondent to carry out its own investigation. I accept Mr Reeves’ evidence that he was asked not to communicate this to Joe Anderson either."
Mayor of Liverpool Joe Anderson was arrested in December 2020 on suspicion of bribery and witness intimidation. He too denies wrongdoing and has not been charged.
In making her decision to dismiss Mr Kavanagh's case for unfair dismissal, Judge Mellor said she believed there were legitimate reasons for the city council to have launched the investigation into the New Chinatown case and the disciplinary investigations that followed it.
She said: "The circumstances and allegations were not manufactured and they were supported by witnesses and documentary evidence. They were subject to a thorough investigation which the claimant was fully able to participate in. The respondent did have a genuine belief in the claimant’s misconduct."
She said there is 'no basis that Mr Reeves colluded or scapegoated' Mr Kavanagh.
Judge Mellor added: "The matters complained of by the claimant, whether viewed individually or collectively, did not result in the respondent acting unreasonably in treating the reason they have found as a sufficient reason to dismiss. The sanction was within the band of reasonable responses. I therefore find the claim is not well-founded and dismiss the claim."
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