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| Version 1 | Version 2 |
|---|---|
| Death of Kester David: the Met police complaint report in full | Death of Kester David: the Met police complaint report in full |
| (about 1 month later) | |
| Casson report, January 2012 | Casson report, January 2012 |
| Nature of complaint | Nature of complaint |
| In general terms, the complaint registered by Mrs Griffith concerned the police investigation into the unexplained death of her 53-year-old son, Kester David, on 7th July 2010, after his body had been severely burnt underneath a railway arch next to Travis Perkins building merchants yard in Palmer's Green in the early hours of the morning. | In general terms, the complaint registered by Mrs Griffith concerned the police investigation into the unexplained death of her 53-year-old son, Kester David, on 7th July 2010, after his body had been severely burnt underneath a railway arch next to Travis Perkins building merchants yard in Palmer's Green in the early hours of the morning. |
| Mrs Griffith alleges that the matter had not been fully investigated by officers from the Community Safety Unit; namely Detective Inspector John Cardow and Detective Sergeant Christopher Kirk. Mrs Griffith also complains that the family had not been kept abreast of developments during the course of this investigation and that an insensitive comment had been made by Detective Inspector John Cardow to the stepbrother of the deceased. The complainant alludes to a concern that a full and thorough investigation had not been conducted due to the race of the deceased. | Mrs Griffith alleges that the matter had not been fully investigated by officers from the Community Safety Unit; namely Detective Inspector John Cardow and Detective Sergeant Christopher Kirk. Mrs Griffith also complains that the family had not been kept abreast of developments during the course of this investigation and that an insensitive comment had been made by Detective Inspector John Cardow to the stepbrother of the deceased. The complainant alludes to a concern that a full and thorough investigation had not been conducted due to the race of the deceased. |
| Preliminary findings | Preliminary findings |
| Purchase of petrol | Purchase of petrol |
| A certain degree of credence was placed on the discovery of close circuit television footage secured of the deceased, Kester David, purchasing petrol into a red plastic jerry can at a Texaco petrol station situated in Lordship Lane, which is the nearest petrol station to the home address of the deceased, on 6th July 2010 at 21.01hrs. It should be remembered that the remnants of melted red plastic was found at the scene of the fire, which perhaps indicated at an early stage of the investigation that the deceased had purchased petrol intending to use it as an accelerant in taking his own life. | A certain degree of credence was placed on the discovery of close circuit television footage secured of the deceased, Kester David, purchasing petrol into a red plastic jerry can at a Texaco petrol station situated in Lordship Lane, which is the nearest petrol station to the home address of the deceased, on 6th July 2010 at 21.01hrs. It should be remembered that the remnants of melted red plastic was found at the scene of the fire, which perhaps indicated at an early stage of the investigation that the deceased had purchased petrol intending to use it as an accelerant in taking his own life. |
| It should also have been borne in mind that the most common reason for someone purchasing fuel into a jerry can is that their vehicle had simply run out of fuel and that it had broken down nearby. | It should also have been borne in mind that the most common reason for someone purchasing fuel into a jerry can is that their vehicle had simply run out of fuel and that it had broken down nearby. |
| Indeed, the deceased was attempting to sell his vehicle at the time, which may explain why he had let it run so low on fuel. | Indeed, the deceased was attempting to sell his vehicle at the time, which may explain why he had let it run so low on fuel. |
| I do accept that the deceased owned a diesel-driven Ford Transit van, but the purchase of petrol could have been a genuine mistake on his part. This theory is supported by close circuit television footage of the deceased returning to the same petrol station at 21. 19hrs driving his Ford Transit van where, after purchasing diesel, the van fails to start. He is assisted by a [witness, name redacted] in starting the vehicle at 21.51hrs before driving out of the petrol station. Whilst RAC records, logged a call at 22.01hrs, show that Kester David broke down a short distance away in Westbury Avenue N22. | I do accept that the deceased owned a diesel-driven Ford Transit van, but the purchase of petrol could have been a genuine mistake on his part. This theory is supported by close circuit television footage of the deceased returning to the same petrol station at 21. 19hrs driving his Ford Transit van where, after purchasing diesel, the van fails to start. He is assisted by a [witness, name redacted] in starting the vehicle at 21.51hrs before driving out of the petrol station. Whilst RAC records, logged a call at 22.01hrs, show that Kester David broke down a short distance away in Westbury Avenue N22. |
| This footage was not discovered during the original investigation, nor during the subsequent case review, and does not – in my opinion – amount to a failing in duty on the part of the investigating officers. It does, however, possibly indicate how an early steer in the investigation could be perceived as being misleading. | This footage was not discovered during the original investigation, nor during the subsequent case review, and does not – in my opinion – amount to a failing in duty on the part of the investigating officers. It does, however, possibly indicate how an early steer in the investigation could be perceived as being misleading. |
| Time of death | Time of death |
| In relation to the time of death, I would like to quote from the report to the Coroner produced by Detective Inspector John Cardow: 'At 03.49:14 reveals the darkened area at the rear of the yard being lightened for a second or two then returns to darkness. there is a flash of light. Unusually we have recovered the exact time of death: There is no doubt this flash was the petrol igniting.' | In relation to the time of death, I would like to quote from the report to the Coroner produced by Detective Inspector John Cardow: 'At 03.49:14 reveals the darkened area at the rear of the yard being lightened for a second or two then returns to darkness. there is a flash of light. Unusually we have recovered the exact time of death: There is no doubt this flash was the petrol igniting.' |
| The case review conducted by Detective Chief Inspector Healy identifies that – and I quote: 'At 04.20hrs there is a distinctive flash and burning bright light coming from the area where Kester's body was found. This lasted in the region of two minutes.' | The case review conducted by Detective Chief Inspector Healy identifies that – and I quote: 'At 04.20hrs there is a distinctive flash and burning bright light coming from the area where Kester's body was found. This lasted in the region of two minutes.' |
| It is unfortunate that when presented with clear evidence, in the form of closed circuit television footage identifying the exact time of death, the report to the Coroner should have incorrectly recorded it at 03.49:14. I believe that this was a genuine mistake on the part of the investigating officer's, however, this mistake may have led to further errors most notably in the degree of relevance placed on subsequent information provided to police by members of the public. | It is unfortunate that when presented with clear evidence, in the form of closed circuit television footage identifying the exact time of death, the report to the Coroner should have incorrectly recorded it at 03.49:14. I believe that this was a genuine mistake on the part of the investigating officer's, however, this mistake may have led to further errors most notably in the degree of relevance placed on subsequent information provided to police by members of the public. |
| Witnesses | Witnesses |
| An e-mail from Detective Constable Paul Allgood to Detective Sergeant Christopher Kirk, with Detective Inspector John Cardow being copied into it, was sent on 8th July 2010, at 17.09hrs. | An e-mail from Detective Constable Paul Allgood to Detective Sergeant Christopher Kirk, with Detective Inspector John Cardow being copied into it, was sent on 8th July 2010, at 17.09hrs. |
| This e-mail reads: 'Sarge, [name of witness, redacted] from [address, redacted] called. | This e-mail reads: 'Sarge, [name of witness, redacted] from [address, redacted] called. |
| He said that at 0421 he was feeding his baby daughter when he heard screaming. Someone shouting 'no' a lot, a male voice. This went on for 2 - 3 minutes. Partner was asleep so did not hear it. He did not look out.' | He said that at 0421 he was feeding his baby daughter when he heard screaming. Someone shouting 'no' a lot, a male voice. This went on for 2 - 3 minutes. Partner was asleep so did not hear it. He did not look out.' |
| A statement has been subsequently obtained from [the witness] as part of this complaint investigation. | A statement has been subsequently obtained from [the witness] as part of this complaint investigation. |
| [The witness] explains that he was awake feeding his baby daughter in the bedroom of his ground floor flat, which is in close proximity to the railway arch next to Travis Perkins. I quote an extract from his statement: 'It was quiet as would be expected at that time of the morning when I suddenly heard the word "No" shouted by a male at the top of his voice in a panicked and frightened way, as if he was shouting at someone else not to do something. It sounded that the male shouting was in close proximity to the flat. I then heard a second "No" shouted only five or six seconds afterwards. The second shout was almost identical to the first in that it was a frightened, panicked shout directed to someone who was about to do something against their will. I have been asked if it sounded that the person shouting was in pain and my response to this is that no, it was a shout of fear of pain. At this time I looked at my mobile phone, which was on charge on the bedside table. The time on the phone display showed 04.21hrs.' | [The witness] explains that he was awake feeding his baby daughter in the bedroom of his ground floor flat, which is in close proximity to the railway arch next to Travis Perkins. I quote an extract from his statement: 'It was quiet as would be expected at that time of the morning when I suddenly heard the word "No" shouted by a male at the top of his voice in a panicked and frightened way, as if he was shouting at someone else not to do something. It sounded that the male shouting was in close proximity to the flat. I then heard a second "No" shouted only five or six seconds afterwards. The second shout was almost identical to the first in that it was a frightened, panicked shout directed to someone who was about to do something against their will. I have been asked if it sounded that the person shouting was in pain and my response to this is that no, it was a shout of fear of pain. At this time I looked at my mobile phone, which was on charge on the bedside table. The time on the phone display showed 04.21hrs.' |
| [The witness] concludes his statement by saying that he was not contacted by any police officer, nor asked to give a statement since speaking to police on 7th July 2010, until now. | [The witness] concludes his statement by saying that he was not contacted by any police officer, nor asked to give a statement since speaking to police on 7th July 2010, until now. |
| A second e-mail, sent to Detective Inspector John Cardow on 8th July 2010, at 07.29hrs by Police Community Support Officer Megan Bronka provides information of a witness, a [name of witness, redacted] who is an employee of [name of local business, redacted]. | A second e-mail, sent to Detective Inspector John Cardow on 8th July 2010, at 07.29hrs by Police Community Support Officer Megan Bronka provides information of a witness, a [name of witness, redacted] who is an employee of [name of local business, redacted]. |
| The e-mail explains that [the witness] had witnessed a white Mercedes Van in Morrison's car park, which in fact boarders the Travis Perkins yard at 03.45hrs and had seen two men walk to the far end of the car park towards the charity bins and the fence that runs parallel to the train tracks. | The e-mail explains that [the witness] had witnessed a white Mercedes Van in Morrison's car park, which in fact boarders the Travis Perkins yard at 03.45hrs and had seen two men walk to the far end of the car park towards the charity bins and the fence that runs parallel to the train tracks. |
| A statement was subsequently obtained from [the witness] as part of this complaint investigation. In this statement, [the witness] clarifies that it was a Mercedes Sprinter white van that he had seen parked across the closed barrier of the main car park of Morrison's, which is in close proximity to the entrance to Travis Perkins yard, and that it was two white men that he saw walking side-by-side towards the recycling bins and fence that boarders the rear of Travis Perkins yard. | A statement was subsequently obtained from [the witness] as part of this complaint investigation. In this statement, [the witness] clarifies that it was a Mercedes Sprinter white van that he had seen parked across the closed barrier of the main car park of Morrison's, which is in close proximity to the entrance to Travis Perkins yard, and that it was two white men that he saw walking side-by-side towards the recycling bins and fence that boarders the rear of Travis Perkins yard. |
| To put this into context, [the witness] … describes this as very unusual. [The witness] was not contacted by any police officer, nor asked to give a statement since speaking to the police community support officer on 7th July 2010, until now. | To put this into context, [the witness] … describes this as very unusual. [The witness] was not contacted by any police officer, nor asked to give a statement since speaking to the police community support officer on 7th July 2010, until now. |
| Training shoes | Training shoes |
| A pair of almost brand new, and immaculately clean, Reebok classic white training shoes were found in Travis Perkins yard, approximately fifteen to twenty meters from the body and on the other side of a metal gate, which fits flush against the Travis Perkin yard end of the railway arch in which the body of Kester David was found. | A pair of almost brand new, and immaculately clean, Reebok classic white training shoes were found in Travis Perkins yard, approximately fifteen to twenty meters from the body and on the other side of a metal gate, which fits flush against the Travis Perkin yard end of the railway arch in which the body of Kester David was found. |
| Initially, these were thought to belong to the deceased. As already highlighted in the case review, the report submitted by Detective Inspector John Cardow to the Coroner stated - and I quote: 'The shoes were recovered and tested. The DNA found is not exactly Kester's but would belong to a close relative. As such I am satisfied that these are Kester's shoes. Why they were taken off we do not know.' | Initially, these were thought to belong to the deceased. As already highlighted in the case review, the report submitted by Detective Inspector John Cardow to the Coroner stated - and I quote: 'The shoes were recovered and tested. The DNA found is not exactly Kester's but would belong to a close relative. As such I am satisfied that these are Kester's shoes. Why they were taken off we do not know.' |
| Eric Leung (Forensic Science Service) stated. in his report - and I quote: 'There were fabric and ash remnants around both of his feet but no identifiable footwear remains so I was unable to confirm whether he had been wearing shoes at the time.' Whilst Jason Wheetman (Crime Scene Manager), in an initial survey, notes – and I quote: 'Charred remains of shoes by both feet – this aspect is significant in as much as a pair of white Reebok classic training shoes found within the scene may not be attributed to the deceased.' The deceased, Kester David, was not wearing Reebok classic training shoes in images captured in the Texaco petrol station on the evening of 6th July 2010. | Eric Leung (Forensic Science Service) stated. in his report - and I quote: 'There were fabric and ash remnants around both of his feet but no identifiable footwear remains so I was unable to confirm whether he had been wearing shoes at the time.' Whilst Jason Wheetman (Crime Scene Manager), in an initial survey, notes – and I quote: 'Charred remains of shoes by both feet – this aspect is significant in as much as a pair of white Reebok classic training shoes found within the scene may not be attributed to the deceased.' The deceased, Kester David, was not wearing Reebok classic training shoes in images captured in the Texaco petrol station on the evening of 6th July 2010. |
| In an e-mail sent to Detective Constable Lisa Creswell on 31st August 2010, by David Chapman (Forensic Science Services) and forwarded to Detective Sergeant Christopher Kirk on 1st August 2010, he provides the initial result from the DNA analysis of the training shoes – and I quote: 'The inside heel area of both trainers were sampled to recover DNA that may have been left by the wearer of the trainers. The DNA results obtained indicated the presence of DNA from at least two people, with the same prominent profile occurring for each trainer – what I would expect from the regular wearer of the trainers. This prominent profile was different from the DNA profile obtained from DMPlll (the blood sample from the deceased). Therefore, in my opinion; the deceased was not the regular wearer of these trainers. I could use this prominent profile to carry out a one-off search of the National DNA Database, in an attempt to identify the wearer – just let me know.' | In an e-mail sent to Detective Constable Lisa Creswell on 31st August 2010, by David Chapman (Forensic Science Services) and forwarded to Detective Sergeant Christopher Kirk on 1st August 2010, he provides the initial result from the DNA analysis of the training shoes – and I quote: 'The inside heel area of both trainers were sampled to recover DNA that may have been left by the wearer of the trainers. The DNA results obtained indicated the presence of DNA from at least two people, with the same prominent profile occurring for each trainer – what I would expect from the regular wearer of the trainers. This prominent profile was different from the DNA profile obtained from DMPlll (the blood sample from the deceased). Therefore, in my opinion; the deceased was not the regular wearer of these trainers. I could use this prominent profile to carry out a one-off search of the National DNA Database, in an attempt to identify the wearer – just let me know.' |
| A request was not made and the DNA was not subject to a speculative search until a request was made as part of this complaint investigation. This revealed that the DNA belonged to a [name redacted]. The review conducted by Detective Chief Inspector Healy describes close circuit television footage, namely camera 4 in Travis Perkins yard, registering movement activation at 03.44hrs – and I quote: 'an indistinguishable object fly through the air. I cannot see if it has landed anywhere. I cannot see any trainers on the ground due to the placement of the CCTV camera and the building material in the area. I did see a white object on the ground where one of the trainers was found but it is not clear what this object is.' | A request was not made and the DNA was not subject to a speculative search until a request was made as part of this complaint investigation. This revealed that the DNA belonged to a [name redacted]. The review conducted by Detective Chief Inspector Healy describes close circuit television footage, namely camera 4 in Travis Perkins yard, registering movement activation at 03.44hrs – and I quote: 'an indistinguishable object fly through the air. I cannot see if it has landed anywhere. I cannot see any trainers on the ground due to the placement of the CCTV camera and the building material in the area. I did see a white object on the ground where one of the trainers was found but it is not clear what this object is.' |
| I have since attended the Metropolitan Police video forensic laboratory and obtained stills of this occurrence. The closed circuit television camera in question takes six frames per second and, as such, the picture quality cannot be enhanced. What is of note is that this was the only camera motion activation on camera 4, which could have been described as 'an indistinguishable object flying through the air.' Also of note is the time – in that – only minutes later two white men are seen by [a witness] at the fence bordering Travis Perkins having parked a Mercedes Sprinter van nearby. | I have since attended the Metropolitan Police video forensic laboratory and obtained stills of this occurrence. The closed circuit television camera in question takes six frames per second and, as such, the picture quality cannot be enhanced. What is of note is that this was the only camera motion activation on camera 4, which could have been described as 'an indistinguishable object flying through the air.' Also of note is the time – in that – only minutes later two white men are seen by [a witness] at the fence bordering Travis Perkins having parked a Mercedes Sprinter van nearby. |
| Closed Circuit Television | Closed Circuit Television |
| Morrison's car park entrance is covered by a Parking eye monitoring system, which records registration numbers, and images, of vehicles both arriving and leaving the car park for enforcement purposes. This system went live on 3rd December 2009, and would have recorded the registration number of the Mercedes Sprinter van and also held closed circuit television footage for a minimum of twenty-eight days. Unfortunately, no request was made by police to either view or save these images. | Morrison's car park entrance is covered by a Parking eye monitoring system, which records registration numbers, and images, of vehicles both arriving and leaving the car park for enforcement purposes. This system went live on 3rd December 2009, and would have recorded the registration number of the Mercedes Sprinter van and also held closed circuit television footage for a minimum of twenty-eight days. Unfortunately, no request was made by police to either view or save these images. |
| Indeed, investigative opportunities in the form of cell site analysis, most notably a 'cell dump' for the time Kester David's mobile phone was switched-off on 6th July 2010, and just prior to his death on 7th July 2010, have now been lost through the passage of time. | Indeed, investigative opportunities in the form of cell site analysis, most notably a 'cell dump' for the time Kester David's mobile phone was switched-off on 6th July 2010, and just prior to his death on 7th July 2010, have now been lost through the passage of time. |
| Conclusion | Conclusion |
| A preliminary investigation into the formal complaint registered by Mrs Winifred Griffith has revealed – in my opinion – a 'catalogue of errors', which amount to a failing in duty on the part of the investigating officers, Detective Inspector John Cardow and Detective Sergeant Christopher Kirk. | A preliminary investigation into the formal complaint registered by Mrs Winifred Griffith has revealed – in my opinion – a 'catalogue of errors', which amount to a failing in duty on the part of the investigating officers, Detective Inspector John Cardow and Detective Sergeant Christopher Kirk. |
| Both officers are yet to be informed of the preliminary findings of this report and provided with an opportunity to comment before submission of the file for a severity assessment to be conducted. | Both officers are yet to be informed of the preliminary findings of this report and provided with an opportunity to comment before submission of the file for a severity assessment to be conducted. |
| At present, I am unable to comment in relation to allegations made by the complainant that the lack of investigation was due to racial prejudice on the part of the original investigative team. To date, I have found no evidence of racial prejudice. This – and other allegations – can only be progressed interviewing those officers concerned as part of any future substantive complaint investigation. | At present, I am unable to comment in relation to allegations made by the complainant that the lack of investigation was due to racial prejudice on the part of the original investigative team. To date, I have found no evidence of racial prejudice. This – and other allegations – can only be progressed interviewing those officers concerned as part of any future substantive complaint investigation. |
| Submitted for your information, | Submitted for your information, |
| Brian Casson, | Brian Casson, |
| Inspector | Inspector |
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