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Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

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Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by Tony Bennett on 07.10.15 11:26

(You heard the news first on CMOMM)

MEDIA RELEASE – 7 October 2015

NEW:  

Death of Lee Balkwell:  Essex Police admit liability and breach of Les Balkwell’s human rights under the European Convention on Human Rights for ‘failure to carry out an effective investigation into Lee’s death’  

Pre-Trial Review on 15 October (details below) will give directions for a trial on the amount of damages to be awarded 

In advance of a High Court hearing before Master Eastman listed for 10.30am in Room E111 at the High Court next Thursday (15 October), Adam Hunt, Essex Police Force Solicitor, conceded in a document submitted to the court that the force had breached the human rights of Les Balkwell and his family under the European Convention on Human Rights. In it, Mr Hunt wrote: “We invite the Court to enter judgment for Lee Balkwell, with damages to be assessed”.   

Mr Hunt’s statement explained: “Essex Police failed to carry out an effective investigation into the death of Lee Balkwell which means that it was in breach of its obligations under Article 2 of the European Convention on Human Rights”.

The Court will now assess the level of damages unless the parties can agree the amount to be awarded.

Earlier in the year, despite sustained opposition by Essex Police, Master Eastman allowed Les Balkwell to bring his claim although technically it was nine  years out of time. The judge said that Mr Balkwell had followed the correct procedures by first taking up his grievances with the Independent Police Complaints Commission – which on 30 January 2012 ruled that eight senior Essex Police officers had been guilty of 26 separate instance of misconduct.

It is the second success for Mr Balkwell this year. In January, he heard that the Criminal Injuries Compensation Authority (CICA) had reversed an earlier decision to deny him and his wife CICA compensation. But a dossier submitted by Les Balkwell and his team led the CICA to decide that, on the balance of probability, it was more likely than not that Lee had died ‘from a crime of violence’. He and his wife were awarded the standard award of £11,000, given to relatives bereaved by a violent crime.  

Mr Balkwell  said: “Essex Police have opposed this claim for nearly three years. They have put me through several court hearings and preparing long documents of evidence - all without a solicitor to help me s my efforts to get justice for Lee have exhausted my financial resources. Now, suddenly, after they knew they would have to face a trial at which I was going to call new witnesses and bring out still more evidence of their incompetence, they have caved in.  They have no idea of the misery their actions have inflicted on me and my family for the past 13 years since Lee was killed. I will be seeking maximum compensation”.

Lee Balkwell was killed between midnight and 1am on Friday 18 July 2002 but two police forces - Essex and Kent - have maintained for over 13 years that his death was merely ‘a tragic accident’.    

NOTES:

Confirmation of the document by Essex conceding defeat can be sent by Fax or by e-mail.

The hearing next week is an open hearing with the press and public having the right to attend.   

Contacts: Les Balkwell




Tony Bennett (representative)

01279 635789

07835 716537

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Re: Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by worriedmum on 07.10.15 11:34

Congratulations Les and Tony. Your continued efforts in the quest for Justice have been heroic.
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Re: Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by comperedna on 07.10.15 11:40

Yes congratulations from me too. A splendid result. Lots of hard work has gone into it.

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Re: Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by jeanmonroe on 07.10.15 11:53

'The truth will out'!...................'and will, always and all ways'

@Essex Police............... flag  'fair do's guv, we 'surrender'

@TB................ clapping1  thumbsup

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Re: Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by Jill Havern on 07.10.15 12:50

Fantastic work Tony, helping Les get some justice for his traumatic battle over the years!

clapping1 bravo
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Re: Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by sallypelt on 07.10.15 12:52

CONGRATULATIONS, TONY! The truth will always find its way to the surface, eventually.

thumbsupclapping1bravobanananails

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Re: Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by Jill Havern on 07.10.15 12:56

May I just add:

Watch out MET police, Tony is like a terrier down a rabbit hole!  eyebrows

(or whatever the phrase is!)
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Re: Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by hentie on 07.10.15 13:52

Bravo Tony and Les bravo

Persistence does pay off.
Hopefully the same will be true for Dr Gonalo Amaral.
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Re: Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by sallypelt on 07.10.15 16:10

5
Ann Courtney
57 mins ago
Just reading that Mr Tony Bennett has helped Mr Les Balkwell in all the injustices served on him and his family over many years against yet another Police Force covering up the real reason for the death of their son. Les Balkwell has now won his case as can be read on Jill Havern Forum which Tony Bennett is a researcher. I know little of this case, nor Mr Tony Bennett except what I read on this Forum and know that Mr Bennett has helped the Balkwell family as a representative, as like our OTHER HERO Mr Amaral the Balkwells had exhausted all their OWN monies trying to get justice for their beloved son. CONGRATULATIONS to all involved in getting justice served. Why is this being posted of Snr Amamral's fund....because Tony Bennett has also been taking to court by Mr and Mr McCann, as they did not like him trying to get justice for their daughter little Madeleine, and he is still paying the price financially for his efforts.......Mr Bennett seems to be very thourough in his charity work for others in situations of legal matters. As a retired lawyer he is obviously articulate and despises injustice as TRUE LAWYERS should. I read a lot of Tony Bennetts researching on this Forum and that is what compelled me to write this piece. I donated to Mr Amaral's appeal from the fund's beginning, (all that I can afford like many others), so today is quite poignant 7th Oct, that Tony (if I may call him by his fist name) has had his good works come to an excellent outcome. Hoping the trend for JUSTICE WILL PREVAIL AGAIN SHORTLY for his next relentless research for all to go well for Snr Amaral and Madeleine. God bless you also Brenda. Mr Bennett please keep up your good work, you seemingly work tirelessly.

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Re: Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by pennylane on 07.10.15 16:30

A major triumph against truly formidable odds.  So, so courageous of you Tony!  clapping1 clapping1 clapping1

Well done and congratulations to Tony Bennett and the Balkwell family.  bravo

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Re: Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by Jill Havern on 07.10.15 16:33

That's really nice!

I'm glad Tony's efforts are appreciated by some people other than his clients.

One day when the McCann's have been brought to justice it will be Tony's turn to sue them and get his money back. yes
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Re: Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by Angelique on 07.10.15 16:43

Well done Tony from me also. I agree there is something of the "terrier" in you.

Bravo clappinghigh5

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Re: Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by rustyjames on 08.10.15 9:03

Well done TB and Les Balkwell for the hard work and sheer tenacity in working to correct this serious injustice.

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Re: Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by Guest on 08.10.15 22:15

Fantastic news Tony, great to hear all the hard work has come up with the right result. Well done x
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Re: Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by lj on 09.10.15 7:13

Congratulation Mr Balkwell and Tony!! So justice prevails in the end!

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Re: Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by plebgate on 09.10.15 15:37

@lj wrote:Congratulation Mr Balkwell and Tony!! So justice prevails in the end!
clapping Tony,  I hope one day to see you presented with a gong.  You deserve one far more than some of the "in" crowd imo.

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Re: Les Balkwell WINS case against Esesx Police after they ADMIT breaching his family's human rights by not conducting an effective investigation into the death of his son Lee (7 October 2015)

Post by aquila on 12.10.15 10:41

What a great result.

It's good to have friends who will go that extra mile and Tony you've done more than that.

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