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CPS -v- Simon James Bromley at Basildon Crown Court, 28 January 2014 [re the Death of Lee Balkwell, reported 1.03am, 18 July 2002]

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CPS -v- Simon James Bromley at Basildon Crown Court, 28 January 2014 [re the Death of Lee Balkwell, reported 1.03am, 18 July 2002]

Post by Tony Bennett on 28.01.14 12:20

CPS v Simon James Bromley at Basildon Crown Court, 28 January 2014


The case was listed for 9.00am.

It got under way when Simon Bromley appeared in the dock at 9.53am.

He was represented by a Mr Halil.

The CPS were represented by Mr Nick Staite, who is a CPS lawyer working for the Crown Prosecution Service (East of England) based at Chelmsford, Essex.

Simon Bromley gave his full name, his date of birth, 7 March 1969, and his address: Baldwins Farm, Dennises Lane, Upminster, Essex.

The charges were read out as follows:

  1. That between 16 and 19 July 2002, he unlawfully killed Lee Balkwell through gross negligence contrary to common law, and

  2. That he failed to ensure the health and safety of Lee Balkwell whilst he was engaged in gunning-pout drying concrete from inside a concrete mixer.

The Magistrates – a full bench of two ladies and one man – agreed to the application by Mr Staite that the matter be sent to the Crown Court at Chelmsford because the first offence could only be tried there. The second case, he said, could be tried in the Magistrates Court, but as the evidence in each case relied on the same facts, it was appropriate for them to be tried together in the Crown Court. The court agreed.

It will now be listed for a ‘Plea and Case Management Hearing’ to be listed on or after Tuesday 22 April. At that hearing, he will be required to enter a plea. He was not asked to plead today.

Mr Staite did not ask for bail, telling the court that:

1)   He had committed no known offences whilst already on bail since 25 November 2013 when he was charged with those offences

2)   The alleged offence was a long time ago. Mr Staite said he had been arrested in 2002 for these offences (following an interruption, he corrected ‘arrested’ to ‘spoken to’ as in fact he wasn’t arrested in 2002), and had been arrested in 2012

3)   He had not broken any of his bail conditions, which were basically to have no contact with Lee’s family

4)   Therefore, in the judgment of the CPS, no bail conditions were needed.

Simon Bromley was therefore remanded on unconditional bail to appear at Chelmsford Crown Court on a date to be advised on or after 22 April.

The proceedings concluded at 10.08am.
 

Les Balkwell’s meeting with the Crown Prosecution Service 27 January 2014

Yesterday Les Balkwell and I were able to meet with Nick Staite, the CPS lawyer conducting the case, Grace Ononiwu, Head of East of England CPS, and her Deputy, Frank Ferguson. The meeting followed Les Balkwell’s complaint to the Independent Assessor for the Crown Prosecution Service, Stephen Shaw CPS, about aspects of the conduct of the CPS in this matter from August 2002 until now.   

Ms Ononiwu informed us that the prosecution of Simon Bromley will be led by Karim Khalil Q.C., Head of Chambers at ‘The Chambers of Karim Kallil Q.C.’, One Paper Buildings. His profile, here:  http://www.onepaper.co.uk/barristers/karim-s-khalil-qc

…mentions that he “…has been instructed in most of the high profile and high value matters to arise on [the London and South-East] Circuit in recent years, including those relating to significant Police informants….took Silk [became a Q.C.] in 2003 before prosecuting Ian Huntley & Maxine Carr (Soham murders)…and covers a diverse range of work, including murder, sexual offences, drug trafficking and serious fraud”.

Mr Kahlil was appointed some time ago to lead the prosecution of Simon Bromley. Ms Ononiwu has offered Les Balkwell a meeting as soon as possible with Mr Kahlil and he has accepted the offer.  

  

 

  

 

 

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                            "Maddie's Jammies. Where is Maddie?" - Amelie, May 2007 -  "Maddie's Jammies. Where is Maddie?"


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Re: CPS -v- Simon James Bromley at Basildon Crown Court, 28 January 2014 [re the Death of Lee Balkwell, reported 1.03am, 18 July 2002]

Post by bobbin on 28.01.14 15:23

Thanks also for the updates Tony.
Mr. Khalil seems to be a very highly practised man.
I am uncertain as to whose side however, he is supporting. Is he for Les Balkwell, or for Bromley.
If he is CPS for the prosecution of Bromley, does that auger well for Les Balkwell, finally, or is it too early to envisage any sense of a just outcome yet.
Furthermore, does this now mean that no commenting should be made in order not to prejudice any prosecution.
It is sad that so much pain and effort has had to go into this case so far, but such probably is the way it has always been.
Thank you for your dogged determination, one not often seen, and may you always have power to your elbow.
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Re: CPS -v- Simon James Bromley at Basildon Crown Court, 28 January 2014 [re the Death of Lee Balkwell, reported 1.03am, 18 July 2002]

Post by Tony Bennett on 28.01.14 20:07

Thank you for your comments, bobbin.

You are right, Simon Bromley has appeared in court and been charged with two offences. That makes the matter sub judice - where almost anything else said from now on could be said to run the risk of prejudicing a fair trial. This is because he will appear in the Crown Court on 22 April and potentially face a trial by jury.

I fully expect Simon Bromley, however, to plead guilty to both charges.

I have set out what I can about his case over the past three years on this forum and I am grateful to the forum-owner for not only allowing me space here for that purpose but also, more recently, giving the topic of Lee Balkwell's death a whole section.

There is so much more I would like to say about the facts of this case. Some of them are of course recorded and available on the internet, not least in the IPCC's final report on the case, dated 29 January 2012, which is available on the IPCC website.

But, as in another case, I must once again fall silent.

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                            "Maddie's Jammies. Where is Maddie?" - Amelie, May 2007 -  "Maddie's Jammies. Where is Maddie?"


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Re: CPS -v- Simon James Bromley at Basildon Crown Court, 28 January 2014 [re the Death of Lee Balkwell, reported 1.03am, 18 July 2002]

Post by Smokeandmirrors on 28.01.14 21:36

You've made a great deal of difference to Les, Tony. Although I don't know the man, I wish him all the best with this and truly hopes that he gets real justice for his son one day and can't imagine what this whole ordeal must be like - not only losing his beloved son in such a terrible fashion, but to have people conspiring to deny him justice, people whose job it is to take care of us and protect our society rather than be part of the criminal fraternity.

All those who have added to Les' pain over the years - well I hope Karma is carrying an AK47 when it catches up with them.

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Re: CPS -v- Simon James Bromley at Basildon Crown Court, 28 January 2014 [re the Death of Lee Balkwell, reported 1.03am, 18 July 2002]

Post by Tony Bennett on 25.04.14 21:23

I am able to supply the following limited update.

The Crown Court prosecution was fixed for 22 April at Chelmsford Crown Court but will now take place (unless otherwise advised) at Chelmsford Crown Court next Thursday, 1st May.

Karim Kahlil Q.C. is indeed a very prominent barrister, and he acts in this case for the police and the Crown Prosecution Service. 

Les Balkwell and I were able to meet with him and the Head of the East of England CPS, Ms Grace Ononiwu, on 13 March. The meeting lasted two-and-a-half hours and consisted mostly of Les explaining, on the basis of the evidence, why there was no evidence on which to prosecute Simon Bromley for 'negligence'. The evidence, Les insisted, pointed to deliberate acts agaisnt Lee, not an accident, and therefore, Les said, this prosecution was dishonest, false, not only not based on the actual evidence but wholly contrary to it, and therefore should not go ahead.

As a result of this meeting and other meetings and correspondence, I can disclose that Ms Ononiwu has agreed to review whether this proseuction, based on a claim by the police and the CPS that this was a genuine accident, should proceed at all. No decision has yet been made.

I can also disclose that as a result of this meeting and the evidence we put forward there, Ms Oniniwu has called in a very senior officer indeed from the Metropolitan Police Force to look at certain aspects of the case. I cannot at this stage give out the name. He and a colleague visited Les Balkwell at home yesterday.

Les Balkwell will continue to do all within his power to stop what he sees as a corrupt prosecution.


P.S.  For anyone interested, I have received notice this week that he and others are organising a march this Sunday (26 April) at 1pm from Speakers' Corner, Hyde Park, to the offices of Scotland Yard. The march is to protest against systematic Metropolitan Police corruption, Ian Puddick being one such victim of excessive and corrupt police powers by Met Police officers. I will post more detials if I can get them

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                            "Maddie's Jammies. Where is Maddie?" - Amelie, May 2007 -  "Maddie's Jammies. Where is Maddie?"


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