Judicial Review proceedings launched against David Fuller Inquiry

Background

Judicial Review proceedings launched against David Fuller Inquiry

In 2020, David Fuller was arrested for the murders of Wendy Knell and Caroline Pierce in 1987. During the initial investigation by police, evidence was found of David Fuller abusing at least 102 bodies in two hospital mortuaries. The files located at David Fuller’s residence were dated between 2008 and 2020, with millions of images and videos of his abuse of bodies kept on discs and hard drives. David Fuller also labelled some of these files with the names of his victims.  The youngest victim was aged 9.  The oldest had reached 100 when she died.

David Fuller entered a not guilty plea to the mortuary offences in January 2021, but subsequently pleaded guilty on 8th October 2021.  He entered guilty pleas to the two murder charges two days later.

On 15th December 2021, Cheema Grubb J sentenced him to life imprisonment, with no release provisions, for the murder offences and 12 years’ imprisonment for the sexual offences.  She commented, in her sentencing remarks, that Mr Fuller’s offending had “caused anguish both to those who knew your victims, but also numerous others who have no way of knowing whether their loved ones were the targets of your deviant interference … your victims told the court how their worlds have been made so much darker because of your monstrous conduct … They are haunted by your abuse … They describe being nauseated and heart-broken by the immorality of your abhorrent acts. You have sullied and stolen fond memories, and ripped open old wounds … Many speak of inconsolable guilt of not being able to protect the vulnerable, of their own and their family’s damaged mental health, the impossibility of un-knowing what they have been told happened, of un-seeing the images they have imagined. It has shaken their sense of being able to trust the world, trust hospitals, predict the respect and decency with which those who are vulnerable will be treated … The shock of what you did has caused a kind of white noise which is inescapable.”

On 8th November 2021, The Secretary of State for Health & Social Care announced in the House of Commons that he would empanel an “independent inquiry” to investigate the wider circumstances of the offending of David Fuller.  The purpose of the inquiry would be to investigate (a) how David Fuller was able to commit the sexual abuse of bodies within Maidstone and Tunbridge Wells NHS Trust, (b) what lessons can be learned across all NHS Trusts to ensure this does not happen again, and (c) how future abuse of deceased bodies can be prevented in both Local Authority mortuaries and privately-run funeral homes.

Statement

The Independent Inquiry was formally launched by Sir Jonathan Michael on 18 January 2021. Draft terms of reference have been sent to some, but not all families.  Since the launch of the Inquiry the following concerns have already been identified by families:

• Not all families have been sent draft terms of reference;
• Families have been provided with inconsistent dates of reply on the draft terms of reference;
• Families have been sent complex legal documents with no guidance as to how these should be interpreted;
• The Inquiry has failed to engage with properly appointed legal representatives and refused to meet with them;
• The Inquiry has failed to confirm that it will be prepared to consider comments by legal representatives in respect to the draft terms of reference; and
• The Inquiry has confirmed that hearings will be in private – leading to accusations that this is deliberate so that witnesses can avoid public scrutiny as part of a ‘cover up’;

Families had previously spoken out publicly in early December 2021 highlighting a lack of communication from the Inquiry.

Judicial Review proceedings have been issued by Amanda Miah in connection with the Independent Inquiry which is non-statutory. Ms Miah’s Mother’s body was abused by David Fuller in 2018. Whilst the proceedings are in Ms Miah’s name, she speaks for a number of the families who are unhappy about the actions taken by the government and Inquiry to date.

Specifically, the families are challenging the government’s decision to not hold an Inquiry under the Inquiries Act 2005 for the following reasons:

• A non-statutory Inquiry lacks the powers to force disclosure of evidence. The Inquiry for example does not have the power to request that the Police should provide evidence to it. Nor does it have the power to compel Maidstone & Tunbridge Wells NHS Trust to provide documents under its control;
• A non-statutory Inquiry lacks the powers to compel witness attendance. It is a criminal offence to fail to give evidence at a statutory Inquiry when asked to do so. The David Fuller Inquiry lacks these powers and any evidence provided will be voluntary. The families are concerned that parties will not want to give evidence if they are likely to be criticised or implicated and that the Inquiry will have no power to force them to do so;
• Unlike in a statutory Inquiry, families would not be able to apply for core participant status which would them the right to contribute to the Inquiry and appoint legal representation;
• Unlike a statutory Inquiry families have no funding of reasonable legal costs

Furthermore the families say that the Inquiry is not independent and are applying for Judicial Review over the decision to appoint Sir Jonathan Michael to chair it. The families say that the Inquiry is not impartial for the following reasons:

• Sir Jonathan Michael was originally instructed by Maidstone and Tunbridge Wells NHS Trust to lead the Trust’s internal investigation. In this capacity, he is likely to have already met with and developed a relationship with senior officials within the Maidstone and Tunbridge Wells NHS Trust.
• Sir Jonathan Michael is required to investigate the approach taken by NHS Trusts, nationally (including, it is inferred, the approach taken by the three NHS Trusts for whom he previously had worked). This suggests a lack of practical independence.
• Sir Jonathan Michael has communication with lawyers for the victims through Capsticks Solicitors, who are instructed by the Maidstone and Tunbridge Wells NHS Trust in this inquiry;

Solicitors appointed by the families have previously written to the Department for Health & Social Care, and The Secretary of State, outlining their concerns. However these have not been addressed. Judicial Review proceedings were therefore issued by Ms Miah in the High Court, England, on 7 February 2022.

Ben Davey of Dean Wilson Solicitors & Gary Walker of Enable Law represent 30 families between them and have released the following printable statement:

“The actions of David Fuller are sickening and have caused serious and lasting damage to each of the families that we represent. It is a national scandal that David Fuller was able to commit these offences over such a long period of time without detection. If he had not been arrested for the Murders of Wendy Knell and Caroline Pierce in 1987 then he may never have been caught. Offences of such magnitude warrant a full and unflinching Inquiry which this Inquiry under the chairmanship of Sir Jonathan Michael is not. We need to be prepared to fully examine the facts without being concerned about saving embarrassment to those that failed to put in place the proper checks on David Fuller.

The families that we represent are calling for a full Judge led Statutory Inquiry with hearings to be held in public. It is only after this has taken place that they will be able to start feeling that justice has been done, and that public confidence in the way that the bodies of our loved ones are handled in hospital mortuaries and other settings will be restored.”

– End of Release –

Contact Ben Davey:

Ben Davey of Dean Wilson Solicitors can be contacted for media enquiries on the family’s behalf

01273 249287

07753 961388

bd@deanwilson.co.uk

UK Press Contact:

For all media enquiries please contact Ben Davey, Dean Wilson Solicitors – bd@deanwilson.co.uk