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| Christopher Halliwell led police to two bodies – then tried to evade trial | Christopher Halliwell led police to two bodies – then tried to evade trial |
| (6 months later) | |
| Lawyers, senior police officers and experienced court reporters agreed they had never heard anything like it: a suspect had led police to two bodies, he had been charged with the murders but had then argued he should not face trial because of the way the police had acted after his arrest. | Lawyers, senior police officers and experienced court reporters agreed they had never heard anything like it: a suspect had led police to two bodies, he had been charged with the murders but had then argued he should not face trial because of the way the police had acted after his arrest. |
| Describing the situation as "unique", Christopher Halliwell's barrister, Richard Latham QC, said the senior investigating officer, Detective Superintendent Steve Fulcher, had shown an "amazing contempt of all the recognised codes, rules and sub judice principles". | Describing the situation as "unique", Christopher Halliwell's barrister, Richard Latham QC, said the senior investigating officer, Detective Superintendent Steve Fulcher, had shown an "amazing contempt of all the recognised codes, rules and sub judice principles". |
| He presented two distinct arguments for why his client should not face trial for either murder. | He presented two distinct arguments for why his client should not face trial for either murder. |
| The first centred on the way Halliwell was questioned: without a solicitor, on an isolated hilltop, and without being warned of his rights by Fulcher. | The first centred on the way Halliwell was questioned: without a solicitor, on an isolated hilltop, and without being warned of his rights by Fulcher. |
| At a pre-trial hearing at Bristol crown court, Latham claimed Fulcher had deliberately ignored the strictures of the Police and Criminal Evidence Act 1984 (Pace), which sets out how a suspect's rights should be protected once he or she is under arrest. | At a pre-trial hearing at Bristol crown court, Latham claimed Fulcher had deliberately ignored the strictures of the Police and Criminal Evidence Act 1984 (Pace), which sets out how a suspect's rights should be protected once he or she is under arrest. |
| The judge, Mrs Justice Cox, agreed, calling Fulcher's actions "wholesale and irrefutable breaches of Pace". It had been a "deliberate decision" by Fulcher to carry out "significant and substantial" breaches of the code, she said. | The judge, Mrs Justice Cox, agreed, calling Fulcher's actions "wholesale and irrefutable breaches of Pace". It had been a "deliberate decision" by Fulcher to carry out "significant and substantial" breaches of the code, she said. |
| Questioning Halliwell not at a police station but on the hilltop had put "additional pressure" on him and could be seen as a mechanism to deny him his rights to have a solicitor at his side, the judge said. | Questioning Halliwell not at a police station but on the hilltop had put "additional pressure" on him and could be seen as a mechanism to deny him his rights to have a solicitor at his side, the judge said. |
| She ruled the fact that Halliwell had led Fulcher to the body of Sian O'Callaghan and that of a second young woman, Becky Godden-Edwards, and any admissions he made during his four hours with Fulcher, must not be put before a jury. Without this, the prosecution had no evidence against Halliwell over the death of Godden-Edwards and the case against him in relation to her death had to be discontinued. | She ruled the fact that Halliwell had led Fulcher to the body of Sian O'Callaghan and that of a second young woman, Becky Godden-Edwards, and any admissions he made during his four hours with Fulcher, must not be put before a jury. Without this, the prosecution had no evidence against Halliwell over the death of Godden-Edwards and the case against him in relation to her death had to be discontinued. |
| There was other compelling evidence against Halliwell in relation to O'Callaghan, including CCTV footage and forensics. | There was other compelling evidence against Halliwell in relation to O'Callaghan, including CCTV footage and forensics. |
| But Latham argued that his client could not receive a fair trial because after Halliwell had taken Fulcher to the bodies, the police officer went on live television to reveal that this had happened. | But Latham argued that his client could not receive a fair trial because after Halliwell had taken Fulcher to the bodies, the police officer went on live television to reveal that this had happened. |
| Latham said it was "bizarre" that Fulcher had put in the public domain information that should in the normal course of things have been heard for the first time by a jury. | Latham said it was "bizarre" that Fulcher had put in the public domain information that should in the normal course of things have been heard for the first time by a jury. |
| In addition, Latham claimed the police had continued to "leak" information about the investigation in subsequent days, including the fact that Halliwell had been seen burning something after O'Callaghan's disappearance, and even his words when he was arrested: "How did you catch me? Was it the gamekeeper?" | In addition, Latham claimed the police had continued to "leak" information about the investigation in subsequent days, including the fact that Halliwell had been seen burning something after O'Callaghan's disappearance, and even his words when he was arrested: "How did you catch me? Was it the gamekeeper?" |
| Latham argued that no matter where a trial took place, the fact that the suspect had led the police to the bodies would be "engraved on the consciousness of the average juror". | Latham argued that no matter where a trial took place, the fact that the suspect had led the police to the bodies would be "engraved on the consciousness of the average juror". |
| The judge disagreed on this point, ruling that as long as the trial was heard away from the area where the crime had happened, and the jury was carefully directed, Halliwell could have a fair hearing. | The judge disagreed on this point, ruling that as long as the trial was heard away from the area where the crime had happened, and the jury was carefully directed, Halliwell could have a fair hearing. |
| He had been due to face a jury in February in the north of England, but gave in and pleaded guilty to O'Callaghan's murder. | He had been due to face a jury in February in the north of England, but gave in and pleaded guilty to O'Callaghan's murder. |
| Wiltshire police and Fulcher will now face investigations by the police watchdog, the Independent Police Complaints Commission, over the case. | Wiltshire police and Fulcher will now face investigations by the police watchdog, the Independent Police Complaints Commission, over the case. |
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