Shipman Detective will not face legal proceedings
31/12/1999
Following an investigation, the Crown Prosecution Service (CPS) has decided that Detective Inspector Smith will not face criminal charges in relation to the evidence he provided at the Shipman Inquiry.
On the 24th March 1998 DI Smith conducted a confidential investigation into Harold Shipman after a local GP raised concerns into the death rates of Shipman's patients and the circumstances in which the deaths were reported. On April 17th 1998 DI Smith concluded that there was no basis for concern and he subsequently closed the investigation.
Dame Janet Smith who chaired the Shipman Inquiry heavily criticised the failed police investigation and rejected DI Smith's assertion that he was never told that it was feared Shipman was killing his patients. The Inquiry found that DI Smith failed to request post-mortem examinations on two victims despite being told the bodies were available for autopsy. DI Smith denied being given this information which the Inquiry also rejected. As a result the opportunity to examine the bodies was lost.
Following the failed police investigation Shipman went on to murder three more victims before his conviction in January 2000. Danny Mellor, whose mother Elizabeth Mellor was one of the three women killed by Shipman has expressed his anger and disappointment at the news the CPS will not prosecute Smith.
"I am appalled and disgusted at the decision of the CPS not to prosecute DI Smith. After the conclusions made by Dame Janet Smith it seems inconceivable that the CPS can come to this decision.
After the dreadful police investigation, accepted by their counsel as flawed, it now appears that nobody will be held responsible. Let us never forget that three lives were lost because of the incompetence of this police investigation. I feel it is typical of decisions by the CPS when dealing with matters concerning police behaviour. It has taken far too long to come to this decision and only applies more pressure and grieving onto my family.
Speaking on Danny Mellor's behalf, a spokesperson for Alexander Harris, who represented over 200 families during the Shipman Inquiry said:
"We firmly believe that if DI Smith had conducted a proper investigation and adequately looked at factors surrounding the patients' deaths, then Shipman's last three victims would probably have been saved.
Dame Janet looked at Smith's incompetence in detail and was satisfied that contrary to evidence he provided at the Inquiry he had been given sufficient information to investigate Shipman more thoroughly. This information could well have led to his detection. We are very disappointed that the CPS will not prosecute Smith."
Greater Manchester Police will now need to decide whether Smith should face internal disciplinary action after his suspension on full pay since August 2003.
Background
Dr Linda Reynolds, a general practitioner at the Brooke Practice in Hyde raised concerns following the high death rates of Shipman's patients and the circumstances in which these were reported. Not only were there three times as many deaths than at the Brooke Practice but many of the deceased were elderly women who had been found dead at home by Shipman.
Detective Inspector Smith conducted a confidential investigation and was supervised by Chief Superintendent David Sykes. Dame Janet in her Second Report criticised Smith for failing to:
- Understand the significance of the high death rates
- Understand the concerns raised by Dr Reynolds
- Request post-mortem examinations on recently deceased bodies (an autopsy had it been accompanied by toxicology would have revealed presence of morphine in the blood) despite being told the bodies had not been cremated
- Communicate the reported high death rates to Dr Alan Banks who undertook an examination of the deceased patients' medical records
- Request to see cremation certificates
- Examine the police national computer and subsequently learning of Shipman's previous criminal convictions
The Second Report of the Shipman Inquiry entitled the Police Investigation of March 1998 can be accessed at the following link www.the-shipman-inquiry.org.uk/secondreport.asp
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