Saturday, 4 June 2011

Appendix to the Addendum to the Memorial (delivered to Attorney General Dominic Grieve 15 March 2011)

FAO Mr K McGinty
Email: fswaine@leighday...
Attorney General’s Office
20 Victoria Street

Your Ref:
Our Ref:  FMS/MV/Kelly

By email first (minus enclosures) to Kevin.mcginty@attorneygeneral...

Dear Mr McGinty

Section 13 Coroners Act 1988 – Dr David Kelly

We write further to our recently submitted Addendum to the Memorial.

Since submitting the Addendum, our clients have become aware of further responses from the Thames Valley Police to requests pursuant to the Freedom of Information Act 2000. Our clients would like this material, together with this letter, to be placed with the Memorial and the Addendum for consideration by the Attorney General.

The responses concern fingerprint evidence, and you will recall that paragraphs 26 to 28 of the Addendum set out submissions in relation to the lack of fingerprint and DNA evidence recovered from the items found in the vicinity of Dr Kelly’s body. You will further recall that none of this information was discussed, nor even raised, at the Hutton Inquiry.

We enclose the further responses that our clients have recently gained possession of and you will note that in addition to the points listed at paragraph 26(i) to (vi) of the Addendum:

(a)  No fingerprints or DNA were recovered from the spectacles found on Dr Kelly’s body (despite three tests being carried out); and

(b)  No tests were carried out to find fingerprints or DNA on the keys or key fob found on Dr Kelly’s body.

The letter from the Thames Valley Police to Norman Baker MP concerns the mobile phone found in Dr Kelly’s pocket. You will note that it was only after the intervention of the Information Commissioner’s Office that this response was provided.

 In paragraph 10 of the Addendum it is stated that:

“The death certificate neither gives the time nor the place of death.  These would normally be fundamental to the end of a Coroner’s inquest…”

As you are no doubt aware, records and logs can be obtained to locate a mobile phone and determine, for example, when and where a mobile phone is switched off or damaged to the extent a signal can not be emitted.

The response to Norman Baker MP confirms that the Police did not obtain this information, despite it potentially being crucial in determining Dr Kelly’s whereabouts and therefore assisting in reaching a time and place of death. It is submitted that further enquiries should have been made and would be in line with the duties of a Coroner presiding over an inquest into the death of Dr Kelly in order to assist with determining when and where the deceased died.

Kindly confirm safe receipt.

Yours sincerely

Frances Swaine


(A)  Freedom of Information Act response from Thames Valley Police to Miles Goslett dated 7 March 2011
(B)  Letter from Thames Valley Police to Norman Baker MP dated 24 November 2010
(C) Letter from Information Commissioner to Norman Baker MP dated 26 November 2010

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