Full Daily EXPRESS report today (8 Oct 2015) on Les Balkwell's historic victory in the High Court - describing it as a 'LANDMARK' human rights law precedent
The Complete Mystery of Madeleine McCann™ :: Other Crimes and Mysteries :: Truth and justice for murdered Stuart Lubbock and Lee Balkwell
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Full Daily EXPRESS report today (8 Oct 2015) on Les Balkwell's historic victory in the High Court - describing it as a 'LANDMARK' human rights law precedent
by Tony Bennett 08.10.15 22:22
Thank you very much to all of you who made kind comments and wished Les Balkwell well yesterday.
Well, you did hear it exclusively here first on CMOMM yesterday, but below is the Daily Express's take on the story today:
++++++++++++++++++++++++++++++++++++++++
By Jon Austin Jon Austin
PUBLISHED: 18:14, Thu, Oct 8, 2015 | UPDATED: 18:55, Thu, Oct 8, 2015
Essex Police says failing to investigate suspicious deaths breaches relative's human rights
John Palmer (left), murdered: Lee Balkwell (right), killed
Essex Police admitted that failing to investigate suspicious deaths properly "breaches the human rights of a victim's relatives" during civil proceedings relating to an entirely separate case.
Grieving dad Les Balkwell, 68, looks set to win a seperate human rights claim made against the force which failed to properly investigate the death of his son after it admitted it breached his human rights by not carrying out a thorough probe.
Mr Balkwell, from Hornchurch, Essex, who is representing himself, launched a civil action for £50,000 compensation from the force nine years after the mysterious death of son, Lee Balkwell, 33, who was found wedged between the drum and chassis of a cement mixer in 2002.
The case centres around 41 allegations of "serious failures and corruption" by senior detectives.
His allegations include that "undercover Essex Police officers told him the investigating officers knew from the beginning the death was not accidental but treated it as one; a senior officer ordered the destruction of Lee's clothing less than 24 hours after he was removed from the mixer; and the force initially lied about not obtaining his son's mobile phone records which were disclosed 10 years later."
After defending the case for three years since it was lodged in 2012, Essex Police has thrown in the towel and admitted it let down the family.
The case could have implications for any other cases where it is proved police did not thoroughly enough investigate an unexplained or suspicious death, potentially including the initial investigation into Palmer's murder this June at his home in Brentwood, Essex.
John Palmer (left): Lee Balkwell (right)
The force referrered itself to the Independent Police Complaints Commission (IPCC) after being forced to admit Palmer, 64, nicknamed Goldfinger due to his alleged involvement in the 1983 Brink's-Mat gold bullion heist, died from gunshot wounds six days after it was deemed as natural causes.
Essex Police professional standards department is now investigating the case officers' conduct ahead of an inquest into Palmer's death.
Separately, the force made the admission it breached Mr Balkwell snr's human rights in a document filed at the High Court ahead of a pre-trial review.
Adam Hunt, force solicitor, said: "The defendant (Essex Police) failed to carry out an effective investigation into the death of Lee Balkwell.
Adam Hunt, Force Solicitor, Essex Police
"The said failure means that it was in breach of its obligations under article 2 of the European Convention on Human Rights.
"In the circumstances the court is invited to enter judgement for the claimant with damages to be assessed."
The admission comes as a surprise as article 2 of the act protects the "right to life" and demands "effective and proper" investigation into all deaths caused by the state.
Mr Balkwell snr has not alleged that the force causes his son's death, but only that it did not carry out a correct inquiry.
The admission came after Judge Master Eastman allowed the elder Mr Balkwell to proceed to trial and add a series of fresh allegations, despite the claim being technically out of time.
The defendant (Essex Police) failed to carry out an effective investigation into the death of Lee Balkwell. The said failure means that it was in breach of its obligations under article 2 of the European Convention on Human Rights.
Mr Balkwell jnr, from Rainham in Essex died on land owned by the family of convicted drug and gun runner Simon Bromley, 45 in South Ockendon, Essex.
He was found dead by ambulance crews at an industrial area next to his employer concrete supplier Bromley's home.
Although he was found dead at 1am on July 18 2002, Bromley was never arrested until November 2012 on suspicion of manslaughter.
Last October Bromley was acquitted of manslaughter, but found guilty of breaching health and safety laws in relation to the death.
He had earlier admitted cannabis cultivation at his home, after a sophisticated set up was discovered in his bungalow when police arrested him, and was jailed for three years last October for that offence, but still awaits sentence for the health and safety matter.
In an earlier defence statement for the civil matter, Essex Police had accepted a number of failings during its initial investigation of the death, and had apologised to Mr Balkwell snr, but it vehemently denied his allegations of "corruption and unlawful behaviour" by any of its current or former officers.
Despite the jury's verdict in the criminal case, Mr Balkwell snr has told the High Court he wished the criminal case could be re-opened and he would like to bring a private prosecution in the criminal courts.
Bromley was arrested 11 months after a damning IPCC report published in January 2012 slammed the force's initial actions, saying vital evidence and several lines of inquiry were lost forever.
The IPCC said the police ruled out foul play too early, before recommending an independent force re-investigate the case.
Bromley, who was jailed for eight years in 2006 for his role in a major drug and gun supply ring, has always insisted Mr Balkwell jnr's death was a tragic accident and denies any foul play.
Force solicitor Adam Hunt conceded to the court officers failed in the Balkwell case.
At Bromley's criminal trial over the death, the jury accepted his account that he and Mr Balkwell jnr were drilling dried cement from the inside of the drum of the mixer late into the night, when the engine accidentally started, and that he then found him trapped under the drum and called 999.
Speaking about the latest twist, Mr Balkwell snr said: "Essex Police has 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.
"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, 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.
"I will be seeking maximum compensation”.
An Essex Police spokeswoman said: "Essex Police has admitted liability and civil proceedings are active. It would be inappropriate to comment further at this stage."
++++++++++++++++++
NOTE: Follow Jon Austin on Twitter, one of the nation's top crime reporters and investigators who gets to the heart of the big stories
Well, you did hear it exclusively here first on CMOMM yesterday, but below is the Daily Express's take on the story today:
++++++++++++++++++++++++++++++++++++++++
Executed crook John Palmer's family could claim damages after landmark human rights case
THE police force which initially mistook the shotgun murder of John Palmer for a heart attack could face a compensation claim from the gangster's relatives following an unconnected landmark civil human rights case, Express.co.uk can exclusively reveal.By Jon Austin Jon Austin
PUBLISHED: 18:14, Thu, Oct 8, 2015 | UPDATED: 18:55, Thu, Oct 8, 2015
Essex Police says failing to investigate suspicious deaths breaches relative's human rights
John Palmer (left), murdered: Lee Balkwell (right), killed
Essex Police admitted that failing to investigate suspicious deaths properly "breaches the human rights of a victim's relatives" during civil proceedings relating to an entirely separate case.
Grieving dad Les Balkwell, 68, looks set to win a seperate human rights claim made against the force which failed to properly investigate the death of his son after it admitted it breached his human rights by not carrying out a thorough probe.
Mr Balkwell, from Hornchurch, Essex, who is representing himself, launched a civil action for £50,000 compensation from the force nine years after the mysterious death of son, Lee Balkwell, 33, who was found wedged between the drum and chassis of a cement mixer in 2002.
The case centres around 41 allegations of "serious failures and corruption" by senior detectives.
His allegations include that "undercover Essex Police officers told him the investigating officers knew from the beginning the death was not accidental but treated it as one; a senior officer ordered the destruction of Lee's clothing less than 24 hours after he was removed from the mixer; and the force initially lied about not obtaining his son's mobile phone records which were disclosed 10 years later."
After defending the case for three years since it was lodged in 2012, Essex Police has thrown in the towel and admitted it let down the family.
The case could have implications for any other cases where it is proved police did not thoroughly enough investigate an unexplained or suspicious death, potentially including the initial investigation into Palmer's murder this June at his home in Brentwood, Essex.
John Palmer (left): Lee Balkwell (right)
The force referrered itself to the Independent Police Complaints Commission (IPCC) after being forced to admit Palmer, 64, nicknamed Goldfinger due to his alleged involvement in the 1983 Brink's-Mat gold bullion heist, died from gunshot wounds six days after it was deemed as natural causes.
Essex Police professional standards department is now investigating the case officers' conduct ahead of an inquest into Palmer's death.
Separately, the force made the admission it breached Mr Balkwell snr's human rights in a document filed at the High Court ahead of a pre-trial review.
Adam Hunt, force solicitor, said: "The defendant (Essex Police) failed to carry out an effective investigation into the death of Lee Balkwell.
Adam Hunt, Force Solicitor, Essex Police
"The said failure means that it was in breach of its obligations under article 2 of the European Convention on Human Rights.
"In the circumstances the court is invited to enter judgement for the claimant with damages to be assessed."
The admission comes as a surprise as article 2 of the act protects the "right to life" and demands "effective and proper" investigation into all deaths caused by the state.
Mr Balkwell snr has not alleged that the force causes his son's death, but only that it did not carry out a correct inquiry.
The admission came after Judge Master Eastman allowed the elder Mr Balkwell to proceed to trial and add a series of fresh allegations, despite the claim being technically out of time.
The defendant (Essex Police) failed to carry out an effective investigation into the death of Lee Balkwell. The said failure means that it was in breach of its obligations under article 2 of the European Convention on Human Rights.
Mr Balkwell jnr, from Rainham in Essex died on land owned by the family of convicted drug and gun runner Simon Bromley, 45 in South Ockendon, Essex.
He was found dead by ambulance crews at an industrial area next to his employer concrete supplier Bromley's home.
Although he was found dead at 1am on July 18 2002, Bromley was never arrested until November 2012 on suspicion of manslaughter.
Last October Bromley was acquitted of manslaughter, but found guilty of breaching health and safety laws in relation to the death.
He had earlier admitted cannabis cultivation at his home, after a sophisticated set up was discovered in his bungalow when police arrested him, and was jailed for three years last October for that offence, but still awaits sentence for the health and safety matter.
In an earlier defence statement for the civil matter, Essex Police had accepted a number of failings during its initial investigation of the death, and had apologised to Mr Balkwell snr, but it vehemently denied his allegations of "corruption and unlawful behaviour" by any of its current or former officers.
Despite the jury's verdict in the criminal case, Mr Balkwell snr has told the High Court he wished the criminal case could be re-opened and he would like to bring a private prosecution in the criminal courts.
Bromley was arrested 11 months after a damning IPCC report published in January 2012 slammed the force's initial actions, saying vital evidence and several lines of inquiry were lost forever.
The IPCC said the police ruled out foul play too early, before recommending an independent force re-investigate the case.
Bromley, who was jailed for eight years in 2006 for his role in a major drug and gun supply ring, has always insisted Mr Balkwell jnr's death was a tragic accident and denies any foul play.
Force solicitor Adam Hunt conceded to the court officers failed in the Balkwell case.
At Bromley's criminal trial over the death, the jury accepted his account that he and Mr Balkwell jnr were drilling dried cement from the inside of the drum of the mixer late into the night, when the engine accidentally started, and that he then found him trapped under the drum and called 999.
Speaking about the latest twist, Mr Balkwell snr said: "Essex Police has 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.
"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, 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.
"I will be seeking maximum compensation”.
An Essex Police spokeswoman said: "Essex Police has admitted liability and civil proceedings are active. It would be inappropriate to comment further at this stage."
++++++++++++++++++
NOTE: Follow Jon Austin on Twitter, one of the nation's top crime reporters and investigators who gets to the heart of the big stories
____________________
Dr Martin Roberts: "The evidence is that these are the pjyamas Madeleine wore on holiday in Praia da Luz. They were photographed and the photo handed to a press agency, who released it on 8 May, as the search for Madeleine continued. The McCanns held up these same pyjamas at two press conferences on 5 & 7June 2007. How could Madeleine have been abducted?"
Amelie McCann (aged 2): "Maddie's jammies!".
Tony Bennett- Researcher
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Re: Full Daily EXPRESS report today (8 Oct 2015) on Les Balkwell's historic victory in the High Court - describing it as a 'LANDMARK' human rights law precedent
by jeanmonroe 09.10.15 14:50
Follow Jon Austin on Twitter, one of the nation's top crime reporters and investigators who gets to the heart of the big stories
------------------------------
Perhaps, Jon Austin, would care to 'dip a toe' into the 'murky' waters, that 'surround' Madeleine McCann's 'mysterious' (McCann 'spokesman' C Mitchell 'quote') erm 'disappearance'?
------------------------------
Perhaps, Jon Austin, would care to 'dip a toe' into the 'murky' waters, that 'surround' Madeleine McCann's 'mysterious' (McCann 'spokesman' C Mitchell 'quote') erm 'disappearance'?
jeanmonroe- Posts : 5818
Activity : 7756
Likes received : 1674
Join date : 2013-02-07
Re: Full Daily EXPRESS report today (8 Oct 2015) on Les Balkwell's historic victory in the High Court - describing it as a 'LANDMARK' human rights law precedent
by Tony Bennett 09.10.15 15:06
Jon is at @JonAustinjourn1 on Twitter by the way and can be followed.jeanmonroe wrote:Follow Jon Austin on Twitter, one of the nation's top crime reporters and investigators who gets to the heart of the big stories
------------------------------
Perhaps, Jon Austin, would care to 'dip a toe' into the 'murky' waters, that 'surround' Madeleine McCann's 'mysterious' (McCann 'spokesman' C Mitchell 'quote') erm 'disappearance'?
I've spoken to him about the Madeleine McCann case and he's steering well clear of it.
____________________
Dr Martin Roberts: "The evidence is that these are the pjyamas Madeleine wore on holiday in Praia da Luz. They were photographed and the photo handed to a press agency, who released it on 8 May, as the search for Madeleine continued. The McCanns held up these same pyjamas at two press conferences on 5 & 7June 2007. How could Madeleine have been abducted?"
Amelie McCann (aged 2): "Maddie's jammies!".
Tony Bennett- Researcher
- Posts : 16906
Activity : 24770
Likes received : 3749
Join date : 2009-11-25
Age : 76
Location : Shropshire
Re: Full Daily EXPRESS report today (8 Oct 2015) on Les Balkwell's historic victory in the High Court - describing it as a 'LANDMARK' human rights law precedent
by jeanmonroe 09.10.15 15:12
Tony Bennett wrote:Jon is at @JonAustinjourn1 on Twitter by the way and can be followed.jeanmonroe wrote:Follow Jon Austin on Twitter, one of the nation's top crime reporters and investigators who gets to the heart of the big stories
------------------------------
Perhaps, Jon Austin, would care to 'dip a toe' into the 'murky' waters, that 'surround' Madeleine McCann's 'mysterious' (McCann 'spokesman' C Mitchell 'quote') erm 'disappearance'?
I've spoken to him about the Madeleine McCann case and he's steering well clear of it.
"I've spoken to him about the Madeleine McCann case and he's steering well clear of it."
Ah!
So NOT 'one of the nation's top crime reporter's and investigator's' then!
Was it ever thus!
jeanmonroe- Posts : 5818
Activity : 7756
Likes received : 1674
Join date : 2013-02-07
Similar topics» Daily Express report 9.7.2015 on Les Balkwell's High Court victory on 2 July 2015
» **NEW** Balkwell case judge says the matter is 'OF GREAT SUBSTANCE..DIFFICULTY..PUBLIC IMPORTANCE' - so orders a Category A 3-day trial >>> Today's (15 Oct 2015) BBC report on Les Balkwell's High Court victory
» Goncalo Amaral DID NOT LIE about Madeleine: Today (7 Dec 2015) Daily Express publishes, on page 21, an offical correction to its 29 Apr 2015 headline
» 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)
» LES BALKWELL UPDATE: High Court hearing 2 July (was: Media release 12noon, Thursday 19 March 2015 - HIGH COURT HEARING – ROOM E111, QUEENS BENCH DIVISION, MONDAY 23 MARCH, 11.30AM)
» **NEW** Balkwell case judge says the matter is 'OF GREAT SUBSTANCE..DIFFICULTY..PUBLIC IMPORTANCE' - so orders a Category A 3-day trial >>> Today's (15 Oct 2015) BBC report on Les Balkwell's High Court victory
» Goncalo Amaral DID NOT LIE about Madeleine: Today (7 Dec 2015) Daily Express publishes, on page 21, an offical correction to its 29 Apr 2015 headline
» 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)
» LES BALKWELL UPDATE: High Court hearing 2 July (was: Media release 12noon, Thursday 19 March 2015 - HIGH COURT HEARING – ROOM E111, QUEENS BENCH DIVISION, MONDAY 23 MARCH, 11.30AM)
The Complete Mystery of Madeleine McCann™ :: Other Crimes and Mysteries :: Truth and justice for murdered Stuart Lubbock and Lee Balkwell
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