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Sian O'Callaghan murder: the detective's dilemma Sian O'Callaghan murder: the detective's dilemma
(35 minutes later)
The scenario could have been dreamed up by the scriptwriter of a TV police drama. A desperate detective heading a hunt for a kidnapped woman orders the prime suspect to be taken to an isolated hilltop. There, the detective ignores the rules governing how suspects should be treated and persuades the man to lead him to the missing woman's body. Out of the blue, the suspect then takes the shocked detective to a field where the remains of a second woman have been buried. It was a desperate time for Detective Superintendent Steve Fulcher. His prime suspect for the kidnapping of Sian O'Callaghan, who had been missing for five days, had been arrested but was refusing to talk.
This isn't the plot of a TV cop show. Rather, it is the extraordinary real-life climax of the hunt for the kidnapper of Sian O'Callaghan, whose disappearance from a Swindon nightclub prompted a massive police hunt last year. Rather than give in and order for Chris Halliwell to be taken to police station, Fulcher instructed him to be driven to an isolated hilltop. He was working on the premise that O'Callaghan could still be alive and wanted one last chance to look Halliwell in the eye and demand to know where she was.
The saga of the arrest, the hilltop interview and the discovery of the two bodies can be told for the first time after Chris Halliwell, a Swindon taxi driver, pleaded guilty to O'Callaghan's murder. Ignoring the rules governing how suspects should be treated – there was no solicitor present and Fulcher did not read the prisoner his rights – the detective persuaded Halliwell to lead him to the missing woman's body.
It can also be revealed now that although Halliwell led police to the second body, that of Becky Godden-Edwards, he is not facing trial in relation to her death because of the senior detective's unconventional methods. Dramatic enough, but what happened next was even more extraordinary. Out of the blue, Halliwell then took Fulcher to a field where the remains of a second woman had been buried years before.
O'Callaghan, a 22-year-old office administrator, vanished in the early hours of Saturday 19 March last year moments after leaving a nightclub in Swindon. The saga of the arrest, the unconventional interview and the discovery of the two bodies can be told for the first time after Swindon taxi driver pleaded guilty to O'Callaghan's murder.
Her disappearance, just three months after the murder of the Bristol landscape architect Joanna Yeates, became a huge story, with thousands of people joining the search. It can also be finally revealed now that even though Halliwell led police to the second body, that of Becky Godden-Edwards, and told Fulcher he had killed her, he is not facing trial in relation to her death because a judge ruled that all the evidence gleaned during the four hours murderer and detective spent together was inadmissible in court.One family — Sian O'Callaghan's has at least had the satisfaction of seeing Halliwell convicted and jailed over the murder of their loved one. As far as Godden-Edwards's family is concerned, the fight for justice for her is only just starting.
What happened next was outlined in days of pretrial legal argument at Bristol crown court, which gave a rare insight into the workings of the police in a fast-moving inquiry, and the intense dilemmas that officers sometimes face. O'Callaghan, a 22-year-old office administrator, vanished in the early hours of Saturday 19 March last year moments after leaving a nightclub in the Wiltshire town. Her disappearance, just three months after the murder of the Bristol landscape architect Joanna Yeates, became a huge story, with thousands of people joining the search
By Tuesday 22 March, the police investigation was focused on Halliwell, a father-of-three with a conviction for burglary but no known history of violence. He was living an apparently respectable life with a new partner, having separated from his wife. CCTV footage seemed to show O'Callaghan getting into his taxi. .
Operating on the premise that O'Callaghan could still be alive, the man leading the inquiry, Det Supt Steve Fulcher, ordered Halliwell to be watched 24 hours a day; 12 surveillance vehicles tracked his every move. Fulcher let Halliwell "run", hoping he would lead police to the missing woman. What happened next was outlined in days of pretrial legal argument at Bristol crown court, which gave a rare insight into the workings of the police in a fast-moving inquiry and the intense dilemmas that officers sometimes face.
By Tuesday 22 March, the police investigation was focused on Halliwell, a father-of-three with a conviction for burglary but no known history of violence. He was living an apparently respectable life with a new partner, having separated from his wife.
CCTV footage seemed to show O'Callaghan getting into his taxi. Operating on the premise that she could still be alive, Fulcher ordered Halliwell to be watched 24 hours a day; 12 surveillance vehicles tracked his every move. Fulcher let Halliwell "run", hoping he would lead police to the missing woman.
"My fear was, she could be dead; I hoped she was alive," Fulcher explained during the pretrial argument. "My duty was clear: to work to find and protect Sian if I could. It's what any parent would have wanted a police officer to do for Sian.""My fear was, she could be dead; I hoped she was alive," Fulcher explained during the pretrial argument. "My duty was clear: to work to find and protect Sian if I could. It's what any parent would have wanted a police officer to do for Sian."
Fulcher decided to pressure Halliwell. On Wednesday 23 March, detectives interviewed Halliwell, telling him they were talking to all the taxi drivers in Swindon. Fulcher next used the media to turn up the heat, releasing a cryptic press release saying he was "very close to identifying Sian's whereabouts". He was hoping Halliwell would return to O'Callaghan. Fulcher decided to pressure Halliwell. On Wednesday 23 March, he was interviewed by detectives who told him they were talking to all the taxi drivers in Swindon. Fulcher then used the media to turn up the heat, releasing a cryptic press release saying he was "very close to identifying Sian's whereabouts". He was hoping Halliwell would return to O'Callaghan.
Halliwell was watched as he picked up a "missing" poster relating to O'Callaghan and put it in his car's rear window. More significantly, he was also seen dumping a car seat cover and headrest in an industrial bin. Halliwell was watched as he picked up a poster appealing for information about O'Callaghan and put it in his car's rear window. More significantly, he was seen dumping a car seat cover and headrest in an industrial bin.
By Thursday 24 March, Halliwell was watched buying an "overdose quantity" of pills, and Fulcher ordered him to be arrested. Two detectives carried out an "urgent" interview in a police car without a solicitor being present, which is permitted when it is thought any delay could lead to a victim's death. They asked him where O'Callaghan was, but Halliwell refused to co-operate and demanded to see a lawyer. By Thursday 24 March, Halliwell was watched buying an "overdose quantity" of pills, so Fulcher ordered him to be arrested. Two detectives carried out an "urgent" interview in a police car without a solicitor being present, which is permitted when it is thought any delay could lead to a victim's death. They asked him where O'Callaghan was, but Halliwell refused to co-operate and demanded to see a lawyer.
The news was relayed to Fulcher, who ordered his officers to take Halliwell not to the police station but to Barbury Castle, an iron age fort on the outskirts of Swindon, where he would meet the suspect.The news was relayed to Fulcher, who ordered his officers to take Halliwell not to the police station but to Barbury Castle, an iron age fort on the outskirts of Swindon, where he would meet the suspect.
Fulcher explained in court he had still been working on the basis that O'Callaghan could be alive, and had wanted a one-to-one chat with Halliwell. The detective said he had wanted to "look him in the eye" and ask Halliwell to take him to O'Callaghan. Fulcher explained in court he had still been working on the basis that O'Callaghan could be alive and had wanted a one-to-one chat with Halliwell. The detective said he had wanted to "look him in the eye" and ask Halliwell to take him to O'Callaghan. He accepted he had put to one side the strictures of the Police and Criminal Evidence Act (Pace), which spells out how suspects should be treated, including the need to tell them they have the right to remain silent.
He accepted he had put to one side the strictures of the Police and Criminal Evidence Act (Pace), which spells out how suspects should be treated, including the need to tell them they have the right to remain silent. Fulcher explained: "On the one hand, I was cognisant of Mr Halliwell's rights. But my primary duty was to save Sian's life. My view was, there was an equation to balance between Mr Halliwell's right to silence and Sian O'Callaghan's right to life. My view was that Sian's right to life took a prior claim." Fulcher explained: "On the one hand, I was cognisant of Mr Halliwell's rights. But my primary duty was to save Sian's life. My view was, there was an equation to balance between Mr Halliwell's right to silence and Sian O'Callaghan's right to life. My view was that Sian's right to life took a prior claim."
So, without cautioning him, Fulcher asked Halliwell to do the "right thing". He told him he would be "vilified" if he did not help. Halliwell told Fulcher: "You think I did it." Fulcher replied: "I know you did it."So, without cautioning him, Fulcher asked Halliwell to do the "right thing". He told him he would be "vilified" if he did not help. Halliwell told Fulcher: "You think I did it." Fulcher replied: "I know you did it."
After a few minutes, Halliwell gave in and said: "Have you got a car? We'll go."After a few minutes, Halliwell gave in and said: "Have you got a car? We'll go."
Fulcher said it had been a "rare moment in life" as they drove to a spot near the Uffington white horse, in Oxfordshire, where O'Callaghan's body was later found down a steep bank. She had been stabbed in the head, strangled, beaten and sexually assaulted.Fulcher said it had been a "rare moment in life" as they drove to a spot near the Uffington white horse, in Oxfordshire, where O'Callaghan's body was later found down a steep bank. She had been stabbed in the head, strangled, beaten and sexually assaulted.
The detective was about to order that Halliwell be taken to a police station when the suspect said: "You and me need to have a chat." The pair sat down, smoked, and Halliwell asked: "Do you want another one?" Again, under the law, Fulcher should have cautioned Halliwell. But Fulcher said they had had a "rapport", and reading Halliwell his rights might have made him stop speaking. The detective was about to order that Halliwell be taken to a police station when the suspect said: "You and me need to have a chat." The pair sat down, smoked, and Halliwell asked: "Do you want another one?" Again, under the law, Fulcher should have cautioned Halliwell. But Fulcher said they had achieved a "rapport", and reading Halliwell his rights might have made him stop speaking.
They got back into the car, and Halliwell gave directions. Fulcher said during the legal argument that Halliwell said he had murdered a girl in about 2004. He had not known her, but had taken her from Swindon. They got back into the car and Halliwell gave directions. Fulcher said during the legal argument that Halliwell said he had murdered a girl in about 2004. He had not known her, but had taken her from Swindon.
The pair ended up in a 40-acre field in Gloucestershire. Halliwell paced out the spot where he said he had buried the body, the pretrial legal argument hearing was told. Sure enough, a body was found. In time it was identified as that of Becky Godden-Edwards, who had left home about nine years before. Her head has not been recovered and detectives cannot say how she died nor if she was sexually assaulted. The pair ended up in a 40-acre field in Gloucestershire. Halliwell paced out the spot where he said he had buried the body, the pretrial legal argument hearing was told. A body identified as that of Becky Godden-Edwards was later found. She had left home about nine years before. Her head has not been recovered and detectives cannot say how she died nor if she was sexually assaulted.
Godden-Edwards had fallen out with her family and her parents thought she had gone to Bristol or London. They had no idea she had come to harm and found out about her death on what would have been her 29th birthday. Godden-Edwards had fallen out with her family. Her parents thought she had gone to Bristol or London and had no idea she had come to harm. They found out about her death on what would have been her 29th birthday.
Halliwell was finally taken to a police station, and Fulcher announced to the media that a 47-year-old man had been arrested for kidnap and two murders. "The location of two bodies has been identified to me by this individual," Fulcher said. Halliwell was taken to a police station and Fulcher announced to the media that a 47-year-old man had been arrested for kidnap and two murders. "The location of two bodies has been identified to me by this individual," Fulcher said. What Fulcher had not anticipated was that Halliwellclammed up once he had access to a lawyer.
What Fulcher had not anticipated was that Halliwell clammed up once he had access to a lawyer.
Fulcher told the preliminary hearing it seemed "utterly ridiculous" that a person who had taken him to two bodies could find some "loophole that would get him away from the fact that he is a multiple murderer".Fulcher told the preliminary hearing it seemed "utterly ridiculous" that a person who had taken him to two bodies could find some "loophole that would get him away from the fact that he is a multiple murderer".
Halliwell's barrister, Richard Latham QC, insisted the Pace rules were a "fundamental right", suggesting Fulcher had "gone back to the 70s" style of policing.Halliwell's barrister, Richard Latham QC, insisted the Pace rules were a "fundamental right", suggesting Fulcher had "gone back to the 70s" style of policing.
Mrs Justice Cox, who heard the legal arguments, agreed that the details gleaned in the interview could not be admitted as evidence in court. Mrs Justice Cox, who heard the legal arguments, agreed the details gleaned in the interview could not be admitted as evidence in court.
It meant Halliwell cannot face trial over Godden-Edwards' death because there is no other evidence apart from what happened between suspect and detective. The police did have other evidence linking Halliwell to O'Callaghan's murder, including forensics (for example, the seat covers he was seen dumping had traces of O'Callaghan's blood) and CCTV footage. It meant Halliwell cannot face trial over Godden-Edwards' death because there is no other evidence apart from what happened between the suspect and detective. The police did have other evidence linking Halliwell to O'Callaghan's murder, including forensics (for example, the car seat covers he was seen dumping contained traces of O'Callaghan's blood) and CCTV footage.
Detectives established that on the night O'Callaghan vanished Halliwell had been working in Swindon. He turned off his taxi digital handset at 2.13am but did not go home. Instead he made what police have described as a "number of slow passes" through Swindon Old Town, "looking for a victim". Detectives established that on the night O'Callaghan vanished, Halliwell had been working in Swindon. He turned off his taxi digital handset at 2.13am but did not go home. Instead he made what police have described as a "number of slow passes" through Swindon Old Town, "looking for a victim".
A CCTV camera caught him pulling alongside O'Callaghan at 2.57am. The moment she is seized or gets into the car is obscured by the car's hazard warning lights. But police believe Halliwell drove O'Callaghan to Savernake forest, 16 miles south of Swindon, where he killed her.A CCTV camera caught him pulling alongside O'Callaghan at 2.57am. The moment she is seized or gets into the car is obscured by the car's hazard warning lights. But police believe Halliwell drove O'Callaghan to Savernake forest, 16 miles south of Swindon, where he killed her.
Detectives think that in the days after the killing in the forest, Halliwell carefully looked for another spot to hide the body and moved it on Monday 21 March to where it was eventually found. Detectives think Halliwell later looked for another spot to hide the body and moved it on Monday 21 March.
A trial was planned for next year until Halliwell decided to admit the crime.A trial was planned for next year until Halliwell decided to admit the crime.
Both the victims' families are understood to be thankful for Fulcher's approach. O'Callaghan's family believe Fulcher was doing all he could to save her, in case she was still alive; Godden-Edwards's relatives now know the truth about their daughter's fate even if nobody has been punished for her murder. The victims' families are understood to be thankful for Fulcher's approach. O'Callaghan's family believe Fulcher was doing all he could to save her, in case she was still alive; Godden-Edwards's relatives now know the truth about their daughter's fate even if nobody has been punished for her murder.
The chief constable of Wiltshire, Patrick Geenty, praised Fulcher during the pretrial hearing. "There may be occasions where police officers have to make a decision in terms of saving life to step outside [the] rules," he said. The chief constable of Wiltshire, Patrick Geenty, praised Fulcher during the pretrial hearing. "There may be occasions where police officers have to make a decision in terms of saving life to step outside [the] rules," he said. "I think the decision he made was a gutsy decision, a brave one. I would like to think I would make a similar decision in his circumstances."
"I think the decision he made was a gutsy decision, a brave one. I would like to think I would make a similar decision in his circumstances."