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| Detective should face gross misconduct charge over killer's questioning – IPCC | Detective should face gross misconduct charge over killer's questioning – IPCC |
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| A senior detective who ignored the rules governing the questioning of a suspect as he tried to solve a high-profile abduction case should answer a charge of gross misconduct, the police watchdog has ruled. | A senior detective who ignored the rules governing the questioning of a suspect as he tried to solve a high-profile abduction case should answer a charge of gross misconduct, the police watchdog has ruled. |
| Detective Superintendent Steve Fulcher interviewed Chris Halliwell, a taxi driver, on a remote hillside without a lawyer present as he tried to find out what had happened to 22-year-old Sian O'Callaghan, who had disappeared after leaving a nightclub in Swindon. | Detective Superintendent Steve Fulcher interviewed Chris Halliwell, a taxi driver, on a remote hillside without a lawyer present as he tried to find out what had happened to 22-year-old Sian O'Callaghan, who had disappeared after leaving a nightclub in Swindon. |
| Halliwell led Fulcher to the spot where he had dumped O'Callaghan's body, before telling the officer he had killed another woman, Becky Godden-Edwards, some years previously and leading the officer to a field where her body was later found. | Halliwell led Fulcher to the spot where he had dumped O'Callaghan's body, before telling the officer he had killed another woman, Becky Godden-Edwards, some years previously and leading the officer to a field where her body was later found. |
| But because Fulcher had not followed the rules, details of the interview were not deemed admissible in court. Halliwell was jailed for life for O'Callaghan's murder but did not face proceedings over Godden-Edwards. | But because Fulcher had not followed the rules, details of the interview were not deemed admissible in court. Halliwell was jailed for life for O'Callaghan's murder but did not face proceedings over Godden-Edwards. |
| The Independent Police Complaints Commission (IPCC) investigated after Godden-Edwards's father, John Godden, claimed that Fulcher's actions led to the charge against Halliwell for the killing of his daughter being dropped. | The Independent Police Complaints Commission (IPCC) investigated after Godden-Edwards's father, John Godden, claimed that Fulcher's actions led to the charge against Halliwell for the killing of his daughter being dropped. |
| On Monday, the IPCC said it had found there was a case to answer for gross misconduct for breaches of the Police and Criminal Evidence Act (Pace) and for ignoring force orders. | On Monday, the IPCC said it had found there was a case to answer for gross misconduct for breaches of the Police and Criminal Evidence Act (Pace) and for ignoring force orders. |
| The IPCC deputy chair, Rachel Cerfontyne, said: "This is a difficult time for all concerned with this case and especially the families and friends of Sian and Becky, especially after all they have already had to endure. | The IPCC deputy chair, Rachel Cerfontyne, said: "This is a difficult time for all concerned with this case and especially the families and friends of Sian and Becky, especially after all they have already had to endure. |
| "This investigation has been a highly unusual one. We will never know what may have happened if the Pace codes had been followed. However, Detective Superintendent Fulcher's actions were in deliberate breach of Pace and we find that he has a case to answer for gross misconduct." | "This investigation has been a highly unusual one. We will never know what may have happened if the Pace codes had been followed. However, Detective Superintendent Fulcher's actions were in deliberate breach of Pace and we find that he has a case to answer for gross misconduct." |
| The IPCC also found that after Fulcher ceased to have responsibility for the investigation, he carried on having meetings with broadcast journalists, against "expressed orders". | The IPCC also found that after Fulcher ceased to have responsibility for the investigation, he carried on having meetings with broadcast journalists, against "expressed orders". |
| Cerfontyne said this behaviour was "even more extraordinary" given that concerns had by then been raised in court about press conferences given by Fulcher. | Cerfontyne said this behaviour was "even more extraordinary" given that concerns had by then been raised in court about press conferences given by Fulcher. |
| She said: "We find that he has a case for gross misconduct for this as well and it will now be for Wiltshire police to decide what action to take, and I await their proposals." | She said: "We find that he has a case for gross misconduct for this as well and it will now be for Wiltshire police to decide what action to take, and I await their proposals." |
| Halliwell was arrested five days after O'Callaghan went missing following a night out in Swindon in March 2011. CCTV footage had caught the young woman apparently getting into Halliwell's taxi. | Halliwell was arrested five days after O'Callaghan went missing following a night out in Swindon in March 2011. CCTV footage had caught the young woman apparently getting into Halliwell's taxi. |
| Believing that O'Callaghan might still be alive, Fulcher ordered his officers to take Halliwell to a remote hilltop for a one-on-one interview, without a solicitor present and without reminding him of his right to remain silent. | Believing that O'Callaghan might still be alive, Fulcher ordered his officers to take Halliwell to a remote hilltop for a one-on-one interview, without a solicitor present and without reminding him of his right to remain silent. |
| In a preliminary court hearing last year, Fulcher said he realised he was breaking the rules set out in Pace but argued that if there was a chance of saving O'Callaghan his actions could be justified. | In a preliminary court hearing last year, Fulcher said he realised he was breaking the rules set out in Pace but argued that if there was a chance of saving O'Callaghan his actions could be justified. |
| Halliwell agreed to co-operate and led Fulcher to O'Callaghan's body. She had been stabbed twice in the head and neck with a kitchen knife, once with severe force, and punched or kicked her in the face. Her underwear had been removed or torn off. | Halliwell agreed to co-operate and led Fulcher to O'Callaghan's body. She had been stabbed twice in the head and neck with a kitchen knife, once with severe force, and punched or kicked her in the face. Her underwear had been removed or torn off. |
| Fulcher said Halliwell then led him to another spot where the suspect said he had buried the body of a young woman he had killed about nine years earlier. It turned out to be that of Godden-Edwards, who was last seen in December 2002 when she was 20. | Fulcher said Halliwell then led him to another spot where the suspect said he had buried the body of a young woman he had killed about nine years earlier. It turned out to be that of Godden-Edwards, who was last seen in December 2002 when she was 20. |
| At a pre-trial hearing, the judge, Mrs Justice Cox, ruled the evidence gleaned from the hilltop interview – and the fact that Halliwell had taken police to the bodies – could not be used in court. It meant there was not enough evidence to bring a case against him over Godden-Edwards's death. | At a pre-trial hearing, the judge, Mrs Justice Cox, ruled the evidence gleaned from the hilltop interview – and the fact that Halliwell had taken police to the bodies – could not be used in court. It meant there was not enough evidence to bring a case against him over Godden-Edwards's death. |
| The IPCC report describes Fulcher's actions as "catastrophic, particularly on the prosecution of Mr Halliwell for the murder of Rebecca". | The IPCC report describes Fulcher's actions as "catastrophic, particularly on the prosecution of Mr Halliwell for the murder of Rebecca". |
| It continues: "DS Fulcher stated had he not proceeded as he did, Rebecca's remains may never have been found. However, it is not possible to determine what may or may not have happened if Mr Halliwell had been immediately conveyed to custody. | It continues: "DS Fulcher stated had he not proceeded as he did, Rebecca's remains may never have been found. However, it is not possible to determine what may or may not have happened if Mr Halliwell had been immediately conveyed to custody. |
| "DS Fulcher's decision was not spur of the moment. He was able to make a policy entry justifying his decision to meet Mr Halliwell. There is no doubt that the events which followed were extraordinary from the point of view of DS Fulcher, however the uniqueness of the situation must be balanced with the fact he is a senior officer of some years' experience. | "DS Fulcher's decision was not spur of the moment. He was able to make a policy entry justifying his decision to meet Mr Halliwell. There is no doubt that the events which followed were extraordinary from the point of view of DS Fulcher, however the uniqueness of the situation must be balanced with the fact he is a senior officer of some years' experience. |
| "The Police and Criminal Evidence Act (1984) and its codes of practice are not optional. They are a fundamental part of the criminal justice process and exist to ensure the rights of suspects, and therefore the integrity of the whole process, are protected." | "The Police and Criminal Evidence Act (1984) and its codes of practice are not optional. They are a fundamental part of the criminal justice process and exist to ensure the rights of suspects, and therefore the integrity of the whole process, are protected." |
| The IPCC acknowledged that Fulcher had supporters, "perhaps most notably Karen Edwards, Rebecca's mother, who firmly and passionately believes that it was only because of the detective's actions that she was able to learn what had happened to her daughter and have Becky returned to her family. She remains grateful to him, is strongly of the belief that Pace should be amended and campaigns for it to be changed." | The IPCC acknowledged that Fulcher had supporters, "perhaps most notably Karen Edwards, Rebecca's mother, who firmly and passionately believes that it was only because of the detective's actions that she was able to learn what had happened to her daughter and have Becky returned to her family. She remains grateful to him, is strongly of the belief that Pace should be amended and campaigns for it to be changed." |
| But the watchdog pointed out that Godden-Edwards's father had a "very different view", adding: "He believes with equal passion that the actions of DS Fulcher have prevented any justice for his daughter. He is angry that the murder charges against Halliwell were dropped and considers that, given the substantial experience of the detective, he would have had no doubt of the potential consequences of his actions." | But the watchdog pointed out that Godden-Edwards's father had a "very different view", adding: "He believes with equal passion that the actions of DS Fulcher have prevented any justice for his daughter. He is angry that the murder charges against Halliwell were dropped and considers that, given the substantial experience of the detective, he would have had no doubt of the potential consequences of his actions." |
| The report adds: "However, notwithstanding the polarised views in this case, and the unimaginable trauma both parents continue to suffer, the evidence is clear. DS Stephen Fulcher's actions were deliberately in breach of Pace and as a consequence there is no alternative but to find that he has a case to answer for gross misconduct and to uphold Mr Godden's complaint." | The report adds: "However, notwithstanding the polarised views in this case, and the unimaginable trauma both parents continue to suffer, the evidence is clear. DS Stephen Fulcher's actions were deliberately in breach of Pace and as a consequence there is no alternative but to find that he has a case to answer for gross misconduct and to uphold Mr Godden's complaint." |
| Also under investigation was Fulcher's contact with the media. The report criticises him for a press conference after Halliwell's arrest in which he said the suspect had led him to two bodies. | Also under investigation was Fulcher's contact with the media. The report criticises him for a press conference after Halliwell's arrest in which he said the suspect had led him to two bodies. |
| The report says: "DS Fulcher released information to the media which clearly should not have been released. His error was compounded by Wiltshire police's senior management team, who failed to recognise the potential harm caused or act to prevent any further release of information. | The report says: "DS Fulcher released information to the media which clearly should not have been released. His error was compounded by Wiltshire police's senior management team, who failed to recognise the potential harm caused or act to prevent any further release of information. |
| "It is difficult to see what the legitimate policing need for the release of such detailed information was. It is common practice following an arrest in high-profile cases to confirm only that an arrest has been made, stating the sex and age of the person arrested. | "It is difficult to see what the legitimate policing need for the release of such detailed information was. It is common practice following an arrest in high-profile cases to confirm only that an arrest has been made, stating the sex and age of the person arrested. |
| "DS Fulcher's admission that he was not certain at what point legal proceedings become live for the purposes of the Contempt of Court Act is extremely worrying in an officer of considerable experience, senior rank and who is trained to fulfil the role of senior investigating officer." | "DS Fulcher's admission that he was not certain at what point legal proceedings become live for the purposes of the Contempt of Court Act is extremely worrying in an officer of considerable experience, senior rank and who is trained to fulfil the role of senior investigating officer." |
| The report also flags up unsanctioned meetings Fulcher had with a BBC and an ITV reporter after Halliwell's arrest. It makes clear that he sought no financial gain from these meetings but concludes that he has a case to answer for gross misconduct with regard to his dealings with the media. | The report also flags up unsanctioned meetings Fulcher had with a BBC and an ITV reporter after Halliwell's arrest. It makes clear that he sought no financial gain from these meetings but concludes that he has a case to answer for gross misconduct with regard to his dealings with the media. |
| Halliwell was jailed for life in October last year for the murder of O'Callaghan and told he would serve at least 25 years before he could be considered for parole. | Halliwell was jailed for life in October last year for the murder of O'Callaghan and told he would serve at least 25 years before he could be considered for parole. |
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