BREAKTHROUGH for LES BALKWELL as the Criminal Injuries Compensation Authority recognises that Lee Balkwell probably died from a crime of violence

MEDIA RELEASE 10.00am 30 January 2015

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BREAKTHROUGH in the Lee Balkwell case - CICA say he DID die from a crime of violence

Released 10.00am, Friday 30 January

In a decision dated 23 January and notified to me yesterday, the Criminal Injuries Compensation Authority (CICA) announced that they had reversed their previous decision to refuse a 'Fatal Award' to the parents of Lee Balkwell, Leslie and Jacqueline Balkwell.

A 'Fatal Award' can only be made to the surviving close relatives if the deceased is held by the CICA to have died - on the balance of probabilities - as the result of a crime of violence.

Following a jury finding Simon Bromley 'Not Guilty' of the gross negligence/manslaughter of Lee Balkwell at a 5-day trial in October, the CICA immediately rejected the Balkwells' claim for a Fatal Award.

Les and Jacqui appealed - my letter explaining the grounds of appeal to the CICA is attached for reference. A dossier of evidence was submitted to the CICA which we say showed overwhelming evidence that Lee was deliberately killed.

The only question for the CICA to decide on appeal was: "Is it more likley than not that Lee died as a result of a crime of violence?"

This question they have answerd: 'Yes'.

Without any doubt whatsoever, this represents a historic breakthrough in the case.

For the very first time, an official body - the CICA in this case - has recognised that the probability is that Lee was deliberately killed.

This in effect means that the CICA has looked at the evidence - and reached the view that for over 12 years and 6 months, two police forces - Essex and Kent - and the Crown Prosecution Service - have been wrong to treat this, as they all did from Day One, as a 'tragic accident'.

The awards were according to the standard tariff: £5,500 to the parent of a child who has died as the result of a crime of violence; £1,000 for funeral expenses, hence:

£6,500 to Les Balkwell

5,500 to Jacqui Balkwell

Total payment £12,000.

Les Balkwell's comments

Les Balkwell has made these comments (below), which included details of his next moves in his ongoing campaign for the truth about his son's death (in blue below). He continues to allege that serious corruption at a senior level in both the police and the CPS was behind the original decison to declare Lee's death an accident.

He adds that the CICA made the wrong decision last October because Essex and Kent Police forces withheld vital information from the CICA.

Les's statements:

"It's a watershed moment.

"It's the first time any official body has come anywhere near the truth. At last it's been recognised by an official that Lee probably died as the result of a crime of violence

"Essex & Kent Police and the Crown Prosecution Service have spent millions of pounds trying to prove that this was an accident, and avoid the truth coming out. Now that my wife and I have secured this decision, I am more confident than ever that the truth will come out sooner or later.

"I hold all Chief Constables of Essex since my son was killed in 2002, the current Chief Constable of Kent, Alan Pughsley, and successive Directors of Public Prosecution responsible for pursuing a lie for the last twelve and a half years.

"There are two things I will now seek to do:

"First, there must be a brand new, independent investigation into Lee's death. The Kent Police investigation was never independent - as Essex and Kent are two hugely interconnected police forces.

"Second, the IPCC decided two years ago that my current complaints against Kent Police must be dealt with by Kent Police investigating themselves. After today's decision by the Compensation Authority, that's now completely unacceptable, and I'll be immediately calling on the IPCC themselves to investigate my claim that this has been a corrupt investigation from Day One".

"It's taken one official at the Compensation Authority with common sense to overturn the verdict of dozens of highly-paid senior police officers".

A brief news item about this appeared on BBC TV Look East last night, at 11.50 mins to 12.15 mins on the link below:

http://www.bbc.co.uk/iplayer/episode/b050b3b5/look-east-east-29012015

...and we would like to thank Debbie Tubby of BBC East and two other Essex journalists who have followed the ups and downs in this case consistently for many years.

One comment about the claim on a personal note:

Les Balkwell has never, ever, throughout the 8 years I've been assisting, ever been bothered about receiving one penny in compensation. I had to strongly persuade him to even sign the CICA claim 7 years ago for that very reason. I urged him to do it because I was absolutely sure that if the CICA was presented with the totality of the evidence - which Essex and Kent Police forces have knowingly withheld from an Inquest, from a trial, and from the CICA, any honest assessment by the CICA would be bound to result in a decision that Lee had died from a crime of violence against him.

CONTACTS: Les Balkwell 01708 446850 Mobiles: 07925 999607 and 07908 752522

Tony Bennett 01279 635789 Mobile: 07835 716537


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Anthony Bennett M.A.                                        66 Chippingfield
Tel: 01279 635789                                              HARLOW
Mobile: 07835 716537                                          Essex
                                                                             CM17  0DJ

Mr M Boyle                                                            Tuesday 2 December 2014
[ TX46 (1.1) ]
Criminal Injuries Compensation Authority
Alexander Bain House
Atlantic Quay
15 York Street
GLASGOW
G2   8JQ

Refs: X/7 /232077 -TM7L
         X/8 /200420 -TM7L
 
For the attention of the ‘Tariff Rundown’ Team

Dear Sir/Madam

re: Refusal of a Criminal Injuries Award - Parents of Lee Balkwell, whose son was killed by others between 12midnight and 1.03am on 18 July 2002: Request for review


I have received your two decision letters in respect of the claims from Mr Leslie W. Balkwell and Mrs F. Jacqueline Balkwell for criminal injuries compensation in respect of the death of their son by a crime of violence on 18 July 2002.

I also spoke to Mr Tommy Matthews of your office today, who gave me helpful advice.

I attach a letter signed by Mr Balkwell. I continue to act for him.  I also attach the signed ‘Application for a Review’ forms.

It is necessary to say at the outset that Simon Bromley and members of his family insisted from the outset that Lee Balkwell was the victim of a freak accident. His death, allegedly arising from being crushed by the revolving drum of a cement mixer at 1.03am, was investigated by Essex Police, who from the moment his death was reported, continued to treat Lee’s death as a freak industrial accident. It became clear to Mr Balkwell during 2003 that the reason for this was collusion between the Bromleys and the police and that serious senior level police corruption was involved.    

Along the way, I assisted Les Balkwell in late 2007 to submit complaints of misconduct against 18 Essex or former Essex Police Officers. Several officers resigned rather than be investigated, but on 30 January 2012, the Independent Police Complaints Commission upheld 26 separate complaints against eight Essex Police Officers, most of them of senior rank. This will give you an insight into the highly controversial nature of the circumstances of Lee’s death. I will attach a timeline giving the unfortunate history of this matter, which will indicate to you that the circumstances of Lee’s death have remained subject to bitter dispute.

In applying for a Review, Mr Balkwell is well aware that, under normal circumstances, you would accept the police’s evidence and opinion. This is a case where I suggest that this should be completely put aside. There is credible evidence in this case of police/CPS collusion, possibly amounting to perverting the course of justice, and, at the moment, as explained to Mr Tommy Matthews today, these issues are being investigated by the Independent Police Complaints Commission (police matters) and by Mr Stephen Shaw, Independent Assessor for CPS Complaints (CPS matters). Other matters are being investigated by Les Balkwell’s M.P., Dame Angela Watkinson, and others.     

For this reason I asked Mr Matthews, and a CICA supervisor I spoke to later today, to send me copies of all reports and letters sent to you by Essex or Kent Police forces in this matter. I suspect that much will be omitted from them. It is possible that they may also be significantly misleading.

In this connection, I put on record that in 2006 and 2007 I acted for Mr Terry Lubbock, the father of Stuart Lubbock who was murdered, allegedly by Michael Barrymore and two others, on the morning of 1 April 2001. That was also a case where the CICA had refused to make Mr Lubbock a CICA payment, as Essex Police had also denied, in that case, that Stuart was the victim of a crime of violence. Happily, in that case, Essex Police were persuaded to change their minds, and duly accepted that, on the balance of probabilities, he was indeed the victim of a violent crime.

The case of Lee Balkwell’s death is likely to be different, however. I would expect Essex and Kent Police to fight tooth and nail to contest the suggestion that Lee Balkwell was deliberately killed. This is because we have a great deal of evidence that senior Essex Police Officers were at the time of Lee’s death, and had been for many years previously, in collusion not only with the Bromley family but also another even more major drugs criminal, D___ H___, who has been mentioned in newspaper reports in the Times and Sunday Times (2010 and 2011) as being so powerful, and having such a network of high level (and corrupt) police contacts, that he is untouchable. D___ H___ brought a libel action against Times Newspapers in respect of these articles, which he lost – because the judge found as a fact that he was a major drugs criminal. These issues were also discussed in depth in the report of Operation Tiberius into police corruption, exposed by the Independent newspaper in articles by Tom Harper earlier this year, and then again by the same journalist when he recently revealed yet another report into endemic police corruption which had been submitted to the Lord Leveson enquiry into press regulation. The case of the death of Les Balkwell is connected with the activities of D___ H___.

I should add that the Bromley family are: Simon Bromley (who was brought to trial in October 2014 for manslaughter by negligence, as your letter notes), his brother Scott Bromley, their father, David Bromley and their mother, Linda Bromley. All have a string of convictions for serious offences of violence, drugs offences and serious firearms offences. Simon Bromley is currently in jail for further drugs offences and Scott Bromley recently served a one-year jail sentence for witness intimidation of Les Balkwell’s daughter Tanya Munns in connection with the court case against his brother Simon for manslaughter by negligence (October 2014).  

The conviction of Simon Bromley for breaches of the Health and Safety at Work Act but not for Manslaughter

Our case is that there was no credible evidence for the police and the CPS to found a prosecution of Simon Bromley for gross negligence/manslaughter - in effect, for allowing an accident to happen. Why and how this prosecution was ever planned, devised and carried out is now a matter for independent investigation at the very highest level. Please see the attached report: “TWO HYPOTHESES AS TO HOW LEE BALKWELL LOST HIS LIFE (March 2014)”.     

It emerged during the trial of Simon Bromley that both the CPS and the police had repeatedly and in writing promised him that he would never be prosecuted for anything. No doubt that was one of the reasons why the jury took less than half-an-hour to find him ‘Not Guilty’ on the manslaughter charge.

In addition, the prosecution maintained that Lee Balkwell had tried to climb out of a 14-inch wide inspection hatch in the drum, encrusted with sharp ballast, despite a shoal of evidence which showed that this was unlikely in the extreme, summed up by one long-standing engineering expert mechanical engineer who said:

“It is my further opinion that it is highly improbable that the alleged incident as claimed by Mr Simon Bromley took place at all”.  

A copy of his report is also attached for your perusal. Much more evidence could be sent to you that would help to persuade you that this was no accident and that Lee Balkwell was killed by a crime of violence against him. At the Inquest, Les Balkwell’s barrister submitted to the Coroner that there was ‘overwhelming circumstantial evidence’ that Lee Balkwell was murdered.  

What we seek

This matter has been outstanding for 12½ years. All other things being equal, it ought to be resolved by the CICA now if at all possible.

Within this letter, I will provide a 12-page outline summary of the case that Lee Balkwell was murdered, or at least subjected to deliberate violent acts against him which led to his death.

We would like you to review this evidence plus, if you are willing at this stage to receive it, an 87-page report which goes into further detail about the precise, and many, lines of evidence which suggest that he was the victim of a crime of violence.

Naturally a complete analysis of the various lines of evidence would require your staff, e.g. to view the entire 7-hour CCTV tape that was seized by the police, all the available other still and video images, well over 100 witness statements and literally dozens of expert reports and associated correspondence. I doubt if your staff have the resources to do that.

Please tell us if you would now be prepared to consider our 87-page report, and make a judgment as to whether, on balance, Lee was the victim of a crime of violence. Incidentally the Balkwells and myself are content for the police to see this letter, and we would also be content for any of the material we are sending you, or are likely to send to you, to be seen by the police for them to comment on - so long as we then have the opportunity to respond to anything else they may have to say.   

Failing that, we would ask you to reverse your decision and leave the matter in suspension for what we anticipate will be a lengthy process whilst all the Balkwells’ outstanding complaints are fully investigated.        
         
We await hearing from you in due course.

Yours faithfully

Anthony Bennett

ENCS:

1. TWO HYPOTHESES AS TO HOW LEE BALKWELL LOST HIS LIFE (March 2014)     

2. THE CONTINUING COVER-UP OF THE FACTS ABOUT THE DEATH OF LEE BALKWELL: A PROVISIONAL REPORT ON THE FAILURE OF THE POLICE  AND THE CROWN PROSECUTION SERVICE TO SECURE A CONVICTION FOR MANSLAUGHTER/GROSS NEGLIGENCE IN THE TRIAL OF R v BROMLEY 6 to 12 OCTOBER 2014 (November 2014)

3. AN UPDATE ON THE INVESTIGATIONS INTO THE DEATH OF LEE BALKWELL: Updated again on 1 December 2014

4. Report of expert engineer John Bond, 22 January 2014

5. Summary of the 26 findings of misconduct against eight Essex Police Officers by the I.P.C.C., 30 January 2012

At last an honest and decent decision which will hopefully lead to the truth.

Great news.

Fantastic news Tony!! It just goes to show what persistence and tenacity can achieve EVEN in the face of an institutional cover up. Twelve and a half years, this PROVES that true justice has no time limit.

I would like to wish Mr and Mrs Balkwell all the best for their lives moving forwards.

Let's hope those responsible for their ongoing pain, both the perpetrators and the police face the full consequences of their abominable conduct.

Watch out for a ‘doorstepping’ from Brunty. He was on the police corruption case yesterday!

Police Officers Abusing Their Power - Report

Forces are told by Her Majesty's Inspectorate of Constabulary they "have to be more vigilant" to combat the "significant problem".
 
22:37, UK,
Thursday 29 January 2015
 
By Martin Brunt, Crime Correspondent

Police officers are abusing their power to get sexual favours and drugs, a report reveals, and it's feared that new force budget cuts could breed staff anger and more corruption…………………..

eta link:
http://news.sky.com/story/1417606/police-officers-abusing-their-power-report

Doug D wrote:Watch out for a ‘doorstepping’ from Brunty. He was on the police corruption case yesterday!

I could easily doorstep him - Horsham, Sussex, where he lives, is more of less on the way when I go to visit my mother in her Sussex care home.

But I won't.

He will instead, I hope, face some very hard questions at Brenda Leyland's inquest. As I hope will his bosses - who sent him on that fatal errand to a lonely and troubled divorcee.

Just the sort of thing that the McCann-fronted 'Hacked Off' campaign should he shouting out against from the rooftops...

Logged in quickly to say BRILLIANT Tony.  BRILLIANT.   

  







.

 Sorry no tulips!
Congrats Tony. Congrats to the family. 
At long last 'some' justice will be done.
Good on you.
Kindest regards
parapono

Fantastic news for the family, thanks for sharing this Tony and credit to you for your efforts

plebgate wrote:Logged in quickly to say BRILLIANT Tony.  BRILLIANT.  .

Yes, thanks, I admit I took to drink yesterday (pint of cider, nothing stronger) to steady my nerves.

Actually, I had the letters from the CICA on my office floor unopened for two days before even opening them.

Les and I have had so many knock-backs over the last 12 years. I was so fearful that the letters would say: 'Your appeal has been unsuccessful'.

I really could not believe that we had jumped over this hurdle.

Especially after I put this sentence in the letter:

  


Now on to the next hurdle!

Well done Tony.

Onwards and upwards.

Quiet, refined, steadfast, diligent, persistent, humane, help to a fellow in trouble, consistently being there for someone in trouble, persistence in never letting it go.

Mr. Bennett, I salute you.

Fantastic news Tony! Congratulations.

Bravo, TB, and good wishes to the Balkwell family.

I've just logged in for the first time, today, and saw this FANTASTIC news. Tony, you are a credit to truth and justice, and despite all the knocks you have had to endure over the last decade, you never gave up.

I, too, would like to extend my best wishes to Mr and Mrs Balkwell, and I hope they find the answer to how their precious son lost his life.

As for you, Tony,   here are a dozen virtual roses, but if you decide to have another pint of mother's ruin tonight, have one on me, too

Wow. I wasn't aware of this case at all.. simply amazing, and amazing also for your efforts Mr Bennett

What a long and heartbreaking journey this must have been for the Balkwells. Tony you have been amazingly courageous and tenacious. I applaud you.

Tony Bennett wrote:

plebgate wrote:Logged in quickly to say BRILLIANT Tony.  BRILLIANT.  .

Yes, thanks, I admit I took to drink yesterday (pint of cider, nothing stronger) to steady my nerves.

Actually, I had the letters from the CICA on my office floor unopened for two days before even opening them.

Les and I have had so many knock-backs over the last 12 years. I was so fearful that the letters would say: 'Your appeal has been unsuccessful'.

I really could not believe that we had jumped over this hurdle.

Especially after I put this sentence in the letter:

"It became clear to Mr Balkwell during 2003 that the reason for this was collusion between the Bromleys and the police and that serious senior level police corruption was involved".  

  

Now on to the next hurdle!

Best wishes Tony, you more than deserved that pint.  

An incredible achievement indeed.

Mr Balkwell has asked me to place this personal statement on the forum:

"The £12,000 compensation is a statutory award limited only to the standard payment made to parents whose child has been killed as a result of a violent crime. It goes nowhere near re-imbursing me for the tens of thousands of pounds I have spent on legal and court fees and other expenses involved in the search for the truth about my son Lee's death.

"This has never been about money. The only purpose of ever making this claim was to try to obtain a verdict by one honest offical in this country that my son died as a result of a violent crime. After 4,579 days of trying, I have succeeded at last. 

Likewise the civil claim against Essex Police under the Human Rights Act , limited to £50,000, for the inadequate and corrupt investigation into my son's death, will also not cover all my costs to date in fighting for justice for Lee.

But if that claim is successful, it will be used by me and my family to carry on my struggle to find out the truth, the whole truth and nothing but the truth about how my son died, to ensure that the perpetrators of this crime are punished for their actions, and to put in the dock every corrupt police officer and CPS lawyer who has participated in this 12-year long cover-up".

- Leslie W Balkwell, 3 February 2015     

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http://www.echo-news.co.uk/news/11764738.__12k_compensation_for_mixer_death_case/

£12k compensation for mixer death case


    Les Balkwell


First published Monday 2 February 2015 in News by Jon Austin
 

THE parents of a man found dead under a cement mixer drum more than 12 years ago have been awarded £12,000.

Lee Balkwell, 33, was found dead under the chassis and drum of the mixer at Baldwins Farm, in Dennises Lane, South Ockendon, on July 18 2002 at 1am.

His employer, Simon Bromley, 45, of Baldwins Farm, was convicted of failing to ensure Mr Balkwell’s health and safety at Chelmsford Crown Court last year and is awaiting sentence.

The prosecution said Mr Balkwell had become trapped by the drum when it turned on unexpectedly after Bromley turned on the engine, but the jury cleared Bromley of manslaughter by gross negligence.

Dad Les Balkwell was yesterday awarded the £12,000 by the Criminal Injuries Compensation Authority – a Government scheme that compensates people who have been injured because they were the blameless victim of a violent crime.

The Balkwells’ first claim to the authority was rejected on the grounds it fell outside the remit of the scheme.

However, Les Balkwell, 68, appealed and received the compensation news yesterday.

A letter to him from the authority said the inquest in 2008 had returned a verdict of unlawful killing by gross negligence manslaughter.

Writing in the letter, Carol Irvine said: “The offender was charged with this offence and, although he was not convicted, I believe an award should be made. Having considered all the evidence, I am prepared to accept this application, on the balance of probabilities, falls within the scope of the scheme and I am prepared to make a full award.”

The authority can reach a verdict on the balance of probabilities, which is a lower threshold of proof than the “beyond reasonable doubt”.


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ETA:

New press report out today:

Investigation into death of Lee Balkwell to go no further - says Essex's Police and Crime Commissioner

Lee Balkwell
 

POLICE and Crime Commissioner Nick Alston does not believe the “accidental” death of a man wedged under a cement mixer 12 years ago needs reinvestigating.

Mr Alston spoke after the parents of Lee Balkwell, 33, were paid £12,000 by the Criminal Injuries Compensation Authority after appealing an earlier refusal that the death did not meet the criteria.

Payouts by the authority are usually only to victims of violent crimes.

Mr Alston said: “I have enormous sympathy for Les Balkwell and for members of Lee’s family and his friends.

“The unimaginable feelings of loss they must have endured were without doubt made worse by Essex Police failings in the original investigation of the terrible circumstances of the incident.

“I am pleased, recently, a case did come to court and I do not believe a further investigation is likely to reach a different outcome.”

Mr Balkwell died at Baldwins Farm, Dennises Lane, South Ockendon, at 1am on July 18, 2002.

His boss, Simon Bromley, 45, was cleared of manslaughter by gross negligence, but convicted of failing to ensure his employee’s health and safety in a trial at Chelmsford Crown Court last October.


COMMENT: No way on this earth is Les Balkwell going to acept this abject statement from the Essex Police and Crime Commissioner who clearly is in bed with and snuggling up to the corrupt senior officers in this case - he knows NOTHING about the case and has refused to meet Les Balkwell!

Good news at long last! 
Congrats to the Balkwell family.
And to you too, Tony!

parapono