19/10/05 - Letter from work related death advice service

19 October 2005

Dear Les,

As requested, I am writing to summarise my conversation with Chief Superintendent Simon Coxall on 10 October. I have already relayed this information to you by telephone but repeat it here at your request. Chief Supt Coxall informed me that the current status of the investigation was that it was nearly complete and was very unlikely in his view to result in charges either regarding a wilful act or manslaughter by gross negligence.

He said that the papers would be sent to the Crown Prosecution Service (CPS) after a forthcoming police/CPS meeting but anticipated they would say there was insufficient evidence to take forward any case. He noted that there was not significant new evidence in the file added since the last time the case was reviewed by the CPS, which was before the police meeting with the family in June 2004.

At my request he then outlined developments between the time of that meeting up to 10 October. He informed me that papers had been sent to the CPS regarding possible manslaughter prosecution. As detailed above the file was sent again prior to the June 2004 meeting, and both times the CPS found there was insufficient evidence to prosecute. He said that between autumn 2004 and spring 2005 there had been a covert investigation ongoing which had included possible new information about a wilful action in this case.

Because the investigation was covert, the HSE were not informed. In January 2005 Chief Supt Coxail met both the Balkwell and Mitchinson families (separately) to tell them that this was going on, although the information he was able to pass on was limited. After spring 2005 the investigation was Jess covert and ne was able to give you more information - he recalled a meeting at Tania's house where you walked out, during this time. He then said that the police were hoping to reinterview Simon Bromley that week (ie the week of the 10 October).