06/02/06 - Letter to Mr Brokenshire from Liam Brigginshaw Assistant Chief Constable

Date: 06th February 2006

Dear Mr Brokenshire,
DEATH OF LEE BALKWELL 17/18thJULY 2002

Further to my letter to you dated 11th January , having considered the matters raised, I respond as follows:

1. THE FACTUAL CIRCUMSTANCES OF THE NIGHT OF 17/18 JULY 2002 I have considered the report by Tschonet dated the 16 November 2005 and reviewed once again the information the Tachograph may have to offer as to the vehicles activity on the night. I will ensure that the CPS and the Coroner has sight of this report. The tachograph and the report do not reveal any significant or material evidential matters that would either cause me serious concerns as to the reliability of the accounts provided by Simon Bromley or cause me consider it necessary to re-open the investigation. I will of course liaise with the CPS and the Coroner and recognise that the matter will no doubt be further explored at the Inquest.

2. ALLEGED SHORTCOMINGS IN ESSEX POLICES INVESTIGATIONS. I confirm that during the review, statements were obtained from six ambulance officers from both Essex and London who either attended or had a controlling role as regards the incident. Statements were also taken from Fire Service personnel, including the lead Fire officer from Hornchurch who was first to attend the scene on the night in question. I can confirm that Mr Balkwell has been in receipt of an exact copy of the original CCTV tape received. I regret that the initial copy sent to Mr Balkwell was poorly copied. Moreover, I can assure you that statements have been obtained from the person fitting the CCTV system at Baldwin's Farm, the officer taking possession of the tape on the night in question and a company that forensically analyse such tapes. All such enquiries support the contention that there has been no manipulation or interference with the tape.

3. THE NATURE OF THE REVIEW OF THE INVESTIGATION in the circumstances of this case it was not inappropriate for DCI T Haines to have been part of the review team. His brother D! C Haines, was, at the relevant time, working on the Major Investigation Section at Rayieigh and had no direct involvement at that time or since in either the original investigation or the review undertaken by Detective Superintendent Coxali. DCI T Haines had prior to assisting on the review no involvement in the investigation into Lee's death.

4. RELATIONSHIP WITH THE CPS I can confirm that the initial adjudication by the CPS was on 23rd August 2002. I can assure you that subsequent submissions to the CPS have considered all relevant concerns in asking for consideration of whether there is evidence to support a prosecution of any party arising out of Lee Balkwell's death. The second file, following the review by Detective Superintendent Coxall was submitted in late 2003. The Crown Prosecution Service adjudicated on 18th December 2003, there was still insufficient evidence to support any prosecution for any offence arising out of Lee Balkwell's death. A further report will be submitted to the Crown Prosecution Service regarding the tachograph issues raised in the report by Tachonet, as part of the final report which is due to go to the Crown Prosecution Service shortly. I am not at liberty to discuss separate matters concerning Mr Simon Bromley but can confirm that matters have been taken into account. I am happy to meet you and Mr Balkwell but suggest that this should await the conclusion of the Inquest.

Yours sincerely
Liam Brigginshaw
Assistant Chief Constable