AN UPDATE ON THE INVESTIGATIONS INTO THE DEATH OF LEE BALKWELL
5 September 2013
It was 11 years and 59 days ago today [5 September 2013] that the Balkwell family were woken in the early hours of Friday 18 July 2002, to be told that their beloved Lee was dead. The Ambulance Service had been called at 1.03am by David Bromley, owner of one of two bungalows at Baldwins Farm, between Upminster and South Ockendon, Essex.
Also living at these two bungalows were Linda Bromley (his wife), Simon and Scott Bromley (his sons), and Susan Lawrence, the common law partner of Simon Bromley. Lee had been working as a cement mixer driver and labourer, employed by Simon Bromley, the sole owner of Upminster Concrete. The Bromleys and the police were very quick to call this ‘a tragic accident’. The Bromleys soon afterwards paid a large sum of money to Lee’s partner, and mother of their only child, Lorraine Mitchinson.
A CCTV tape exists of that night’s events. It shows Glen Nicholls, a known drug-dealer, bringing a large quantity of drugs (cocaine) on to the site, at about 8.00pm. It shows others arriving by car to collect supplies of drugs. Essex and Kent Police have both denied that this evidence amounts to proof of drug deals being done that night.
Here is a timeline of significant events, and below that, an update on recent events.
Timeline2002
18 July, 1.03am: David Bromley rings Essex Ambulance Service reporting ‘a man hanging out of the back of a cement mixer’. Lee Balkwell was already dead.
6 August: Simon Bromley was questioned under caution by DSgt Jason Weald (now with the Met Police). DCS Bull was the S.I.O. on the case; Weald was the I.O. Simon Bromley is the only person to have been questioned under caution in this case until November 2012. Weald begun the interview by saying: ‘Simon, I want to tell you that the police view this as a tragic accident’. He completely failed to challenge Simon Bromley’s account of events. The IPCC in their final report (2012) severely criticised the conduct of this interview and found Weald guilty of misconduct.
23 August: DCS Bull passed a file to the CPS head lawyer for Essex, Christopher McCann, saying: ‘This is a tragic accident’. McCann rubber-stamped the clearly-flawed decision and failed to suggest to the police that their enquiry was flawed and that they should reconsider their conclusion. Later, in two reports (June 2009 and January 2012) the IPCC severely criticised both DCS Bull and other senior officers for a ‘seriously flawed investigation’.
October: Simon Bromley is prosecuted by the Health and Safety Executive and pleads guilty to the technical offence of failing to provide insurance for an employee: fined £500.
2003
February: Les Balkwell, frustrated at being fobbed off with a series of unsatisfactory answers to his questions about what really happened the night his son died, makes a formal complaint to the Police Commissioner for Administration (PCA), which on 1 April 2004 became the Independent Police Complaints Commission (IPCC). The PCA responded by asking Essex Professional Standards Department to investigate their colleagues. Essex appointed DI Hood, Deputy Head of Essex Police Professional Standards, to investigate Les Balkwell’s allegations of misconduct. This was a typical case of the police investigating their own alleged misconduct. At the same time, DCS Simon Coxall was appointed to carry out a review.
24 October: Simon Coxall arranges a briefing at the cement mixer for various experts to consider the evidence. He doesn’t ask them: ‘Was Lee killed accidentally or deliberately? - by being placed on the chassis bar of the cement mixer and the revolving drum switched on’’. Instead, he says: ‘This was definitely an accident. How did the accident happen?’ It was like the question: ‘When did you stop beating your wife’. None of the experts could give a satisfactory explanation of how Lee ended up in the position he was found in and how his injuries happened.
2005
January: The IPCC reports, after receiving DCI Hood’s findings. They claim, based on what we now know was a flawed report by Hood, that DCS Bull’s initial investigation was ‘thorough and competent’ - a finding completely overturned by the IPCC’s second major report on the case in 2012. Three officers were however given ‘words of advice’, i.e. reprimanded, for failures in the investigation. One of them is Gareth Wilson (see below), who was the S.I.O. on the case for the first few hours after Lee’s death.
April: David Bromley, Simon Bromley and Glen Nicholls arrested for drug-dealing by Operation Portwing, along with 11 other members of a drug-dealing ring. Later that year they are all found guilty, convicted, and handed jail terms.
2006
6 July: Simon Coxall’s review has by now lasted nearly 3½ years. He has not even got the case ready for the Inquest. Les Balkwell, frustrated again at the delay in arranging the Inquest and the lack of progress and
answers, launches a hard-hitting website documenting what he says are corrupt actions of senior police officers.
He names Steve Reynolds, formerly Head of Essex Police Crime Division, now with the IPCC, as responsible, together with Bull, Coxall and Hood, for what he says is a comprehensive and cunning cover-up of the true circumstances of his son’s death.
7 July: The very next day, Les Balkwell is told by DS Peter Coltman, Head of Essex Police Professional Standards, that a new officer from the Met Police, DCS Keith Garnish, has been appointed to carry out what Les is told will be ‘a fresh and independent, no-holds-barred’ review into the case. So the second review begins. The following year, however, Les Balkwell was to learn that Garnish had been a close colleague of Jason Weald at Barking Police Station. Weald had been at the centre of the ‘seriously flawed’ initial Essex Police investigation into Lee’s death.
2007
March: Les Balkwell learns that the Coroner’s Officer in the case, Philip Sitch, has been replaced by a Mr Derrick Bines. Later, whilst in conference with DC Ian Rayner at Brentwood Police Station, Les overhears Bines tell Rayner on the ’phone: “I am going to run the forthcoming Inquest as a tragic accident”. Rayner makes a written statement confirming this remarkable statement by Bines - and the Coroner, Mrs Caroline Beasley-Murray, is informed. She has no alternative but to sack Bines and order another Coroner’s Officer (the third in the case) to be appointed. The Inquest, listed for April, has to be adjourned, costing Les Balkwell thousands of pounds in wasted legal fees.
1 September: Just over 48 hours before the adjourned Inquest is due to start, Les Balkwell’s legal team is told that a key witness, David Bromley, was extradited a few days earlier to Germany to face robbery charges in Saarbrucken. Les’s barrister, Tony Ventham, asks for an adjournment saying that: ‘To hold this Inquest without David Bromley would be like watching Hamlet without The Prince’. The Coroner agrees to a second adjournment. Once again, this costs Les Balkwell thousands of pounds more in legal costs.
November: Les Balkwell makes over 100 complaints of misconduct against 18 Essex Police Officers to the IPCC. Many of these are not investigated because several officers promptly resign and claim their police pensions, thus avoiding a misconduct investigation altogether. One of them, Terry Haines, resigned from Essex Police the very day he received notice from the Senior IPCC investigator that they wished to interview him.
The IPCC later agrees to conduct its own investigation this time, appointing former DCS Kevin Duffy as their lead investigator.
2008
23 January to 9 February: The Inquest is held in Chelmsford. In the summing-up to the Coroner, Les Balkwell’s barrister (Tony Ventham again) says that ‘there is overwhelming circumstantial evidence that Lee Balkwell was murdered’. But despite that submission, the Coroner directs the jury that they have ‘no evidence’ on which to base such a verdict, and she does not allow them to bring in that verdict. When the foreman of the 10-person jury announces their unanimous verdict, he simply says: Lee ‘Balkwell was unlawfully killed’, The Coroner reminded him that that is not a lawful verdict, so he said, instead: ‘Unlawfully killed by gross negligence/manslaughter’. The Coroner accepted that verdict. The police looked crestfallen, but must now work on a different hypothesis to ‘tragic accident’.
July: Essex Police try to close down their investigation by submitting a final file to the CPS. Les Balkwell expresses concern that Essex Police is continuing to withhold key facts from the CPS, and at Christopher McCann remaining in place as the CPS lawyer. The Head of Essex CPS at the time, Ken Caley, upheld Les Balkwell’s complaint and appointed Nick Staite, a CPS lawyer from Cambridgeshire , as an ‘independent ’ CPS lawyer who would review the whole case and bring a fresh mind to it.
September: Two Essex Police Officers employed on the Lee Balkwell case visit Simon Bromley and Glen Nicholls in Belsmarsh Prison, where they are awaiting trial. They tell Bromley and Nicholls: “Don’t worry, Balkwell’s got nothing on you over Lee’s death, just keep schtum”.
2009
29 June: The IPCC issue an interim report slating Essex Police for a ‘seriously flawed’ investigation. They decisively recommend that the case be handed to an independent police force without delay for a full-scale re-investigation.
September: After 3 months’ delay, the Chief Constable of Essex rejects the IPCC recommendation and instead appoints DCS Dave Mirfield of West Midlands Police to carry out a third review into the case, known as ‘Operation Abante’.
2010
March: Dave Mirfield submits his report to Essex Police, making 91 separate recommendations.
May 15: Essex Police meet to consider what to do.
August: Essex Police say they have secured the agreement of Kent Police to carry out the recommendations of Dave Mirfield’. Les Balkwell objects, claiming that Kent Police are not ‘independent’ of Essex Police for these reasons:
a) Both forces had set up, in 2008, a joint Serious and Organised Crime Directorate, comprising hundreds of staff from both police forces, hence it was not genuinely independent
b) Similarly, Essex and Kent Police co-operated closely with each other, shared back-office and other services covering a number of operational areas
c) The Deputy Head of the Essex-Kent joint Serious and Organised Crime Directorate at the time, Gareth Wilson, had already been criticised by the IPCC report in 2003 for his failures during the critical first few hours of the investigation.
The IPCC overrules Les’s objections.
September: The fourth review and a potential complete re-investigation begins in Kent under DCS Lee Catling.
Recent events2011
Les Balkwell and his adviser hold several day-long meetings with DCS Catling and his team. Progress appears to be being made, although Catling denies that the original Essex Police investigation was either corrupt or incompetent and, at a meeting with Les and several members of his family, tells them repeatedly that, in his opinion, the original investigation was simply a ‘A Comedy of Errors’. This causes deep offence to the family.
2012
October: Lee Catling makes an announcement to Les and his adviser which suggests to both that the police are deliberately ignoring several key facts in the case. Questions are raised in writing with Assistant Chief Constable Gary Beautridge, but no satisfactory replies are received. Eventually, weeks later, a formal complaint is made by Les, which Kent Police originally applied to ‘disallow’ for a whole string of reasons, including saying that Les’s complaints were ‘vexatious’, accusing him of only wanting to make complaints in order to write a book, and even claiming (falsely) that they had already been investigated. The IPCC emphatically rejected Kent Police’s attempts get the complaints disallowed, but have referred the matter back to Kent Police Professional Standards to investigate (the police investigating themselves again). Kent Police say they cannot investigate his complaints until the live investigation (see below) is completed.
November: Simon Bromley arrested on suspicion of the gross negligence/manslaughter killing of Lee Balkwell, perjury and perverting the course of justice. Also arrested on suspicion of perjury and perverting the course of justice were: David, Linda and Scott Bromley and Susan Lawrence.
2013
January: Scott Bromley arrested and charged with intimidating a close family relative of Les Balkwell. He pleads guilty and will be sentenced on 9 September.
David Bromley arrested, charged and convicted for illegal possession of a firearm; he pleads guilty and is fined £350.
Simon Bromley arrested and charged on suspicion of growing cannabis at Baldwins Farm. He has pleaded ‘Not Guilty’ and the case starts at Basildon Crown Court on 6 September (tomorrow).
4 February: Les Balkwell and a close family member meet with CPS lawyer, Nick Staite, who gives him the shock news that his line manager is now Christopher McCann, the very Essex CPS lawyer who rubber-stamped the conclusions of DCS Bull’s flawed investigation in the first place. Les Balkwell makes a formal complaint to the Director of Public Prosecutions, Keir Starmer Q.C.
25 March: Lee’s body is exhumed from Upminster Cemetery and Dr Benjamin Swift performs a second post-mortem. Contrary to his rights, Les Balkwell as the nearest relative is not allowed to see the post-mortem report (since writing this report, he has obtained it).
April: A journalist draws Les Balkwell’s attention to an article on the internet, showing that Ian Learmonth, the Chief Constable of Kent, formerly worked for Essex Police and was promoted with effect from 1 September 2002 to Assistant Chief Constable responsible for Crime. That meant he was managing the Essex Police Crime Division at the very moment that Les Balkwell had begun to question Essex Police’s version of events. Those who had investigated and were reviewing the death of Lee Balkwell at the time were DCS Bull and DCS Coxall. As they both admitted, they both reported to DCS Steve Reynolds, who in turn reported to Assistant Chief Constable Ian Learmonth. Les Balkwell and his adviser were told none of this when he was asked to agree to the Kent Police investigation. It confirmed Les’s view that the Kent investigation was never truly independent. It was clear that Learmonth must have been a close working colleague with those who were involved in what the IPCC described as a ‘seriously flawed investigation’ and what Les continues to assert was a corrupt and sham investigation
Accordingly he made a complaint to the new Police and Crime Commissioner for Kent, Ann Barnes. This complaint is currently being considered by the Kent PCC ,who has accepted the complaint for investigation.
Kent Police say that on CPS advice they have insufficient evidence that any of the following have committed perjury or have perverted the course of justice: David, Linda and Scott Bromley and Susan Lawrence. They are told by Kent Police that they are not going to be charged with either of these offences and are therefore released from having to answer to bail.
August: Frank Ferguson, Deputy Crown Prosecutor for the East of England, upholds Les Balkwell’s complaint and agrees that the CPS file on the Balkwell case will now be personally reviewed by him and by Grace Ononiwu, the Chief Crown Prosecutor for the East of England. However, other aspects of Les Balkwell’s complaints about Christopher McCann have not been upheld and, under the CPS complaints procedures, Keir Starmer Q.C. has been asked to have another look at Les’s complaints.
The Current Situation as at 5 September 2013Simon Bromley currently faces a charge of growing cannabis for sale. His trial starts on Friday, 6 September. In addition, he has been arrested, and is currently bailed, on suspicion of killing Lee Balkwell by gross negligence/manslaughter, perjury, and perverting the course of justice.
Scott Bromley has pleaded guilty to intimidating a witness in as serious court case and will be sentenced on Monday 9 September. He has been remanded in custody.
David Bromley has been fined for possessing illegal firearms.
David, Linda and Scott Bromley and Susan Lawrence are no longer facing possible charges for perjury or perverting the course of justice.
The current status of Les Balkwell’s complaints are:
Against former DCS Lee Catling: To be investigated by Kent Professional Standards after the live investigation into Lee’s death is concluded
Against Kent Chief Constable, Ian Learmonth: being investigated by Kent Police and Crime Commissioner, Ann Barnes
Against Christopher McCann, CPS Senior Lawyer, Essex: Upheld; the case will no longer be reviewed by him but by the East of England’s two top CPS lawyers, Grace Ononiwu and Frank Ferguson; Keir Starmer looking at other complaints.
10-minute YouTube video on the case:
http://www.youtube.com/watch?v=D0b7bpOQIXM Guardian reports:
http://www.theguardian.com/politics/2009/dec/13/concrete-mixer-death-lee-balkwell http://www.theguardian.com/uk/2013/mar/14/body-cement-mixer-exhumed-detectives http://www.theguardian.com/uk/2012/nov/14/cement-mixer-death-police-arrest-essex Other reports:
http://www.echo-news.co.uk/news/10604254.Man_admits_witness_intimidation_in_Lee_Balkwell_probe/http://www.echo-news.co.uk/news/10575725.Could_phone_found_in_Lee_Balkwell_s_coffin_hold_clues_to_his_death/ http://www.romfordrecorder.co.uk/news/crime-court/lee_balkwell_post_mortem_results_show_he_wasn_t_tortured_say_police_but_family_lodge_complaints_1_2339933 
