IPCC finds SIOs failure a case for gross misconduct
An Independent Police Complaints Commission (IPCC) investigation into complaints against a Wiltshire Police senior investigating officer (SIO) has found a case to answer for gross misconduct.
An Independent Police Complaints Commission (IPCC) investigation into complaints against a Wiltshire Police senior investigating officer (SIO) has found a case to answer for gross misconduct.
The IPCC found that Detective Superintendent Stephen Fulcher breached the Police and Criminal Evidence Act (PACE) and ignored force orders during Operation Mayan the inquiry into the disappearance of 22-year-old Sian OCallaghan, who went missing after a night out in Swindon in March 2011.
On March 24, 2011, taxi driver Christopher Halliwell was arrested on suspicion of the kidnap of Ms OCallaghan. At the time, Det Supt Fulcher directed that he should be taken to Barbury Castle instead of the police station as he thought it was likely that Halliwell had taken Ms OCallaghan there.
During questioning, Halliwell gave directions to the spot where he had left Ms OCallaghans body, as well as indicating that he had murdered another woman and pointed the detective to a location in Gloucestershire. Rebecca Godden-Edwards remains were found there two days later.
The referral to the IPCC had terms of reference including: that Det Supt Fulcher obtained a confession from Halliwell by oppression; that he failed to caution him appropriately; that he failed to interview Halliwell at a police station or afford him his corresponding rights under PACE, including the right to legal advice; and that he did not arrest Halliwell in respect of the murder of Ms Gooden-Edwards and failed to ensure he was granted his corresponding rights under PACE.
On October 19, 2012, Halliwell pleaded guilty to Ms OCallaghans murder and was sentenced to life with a minimum tariff of 25 years. However, because of Det Supt Fulchers failure to adhere to PACE, the charge of the unlawful killing of Ms Godden-Edwards against Halliwell was dropped.
Although Ms Godden-Edwards mother Karen Edwards firmly and passionately believes that it was only because of the detectives actions that she was able to learn what had happened to her daughter and have Becky returned to her family, her father John Godden took the view that Det Supt Fulchers actions prevented any justice for his daughter.
The IPCCs Deputy Chair Rachel Cerfontyne said: We will never know what may have happened if the PACE Codes had been followed. However, Det Supt Fulchers actions were in deliberate breach of PACE and we find that he has a case to answer for gross misconduct.
Two other matters were referred to the IPCC. They concerned Det Supt Fulchers release of information to the media, which the defence later claimed to be prejudicial to the case, and his contact with members of the media in connection with Operation Mayan.
Det Supt Fulcher was removed as the SIO from Operation Mayan after Halliwells arrest. Against express orders he held meetings about the case with journalists from both the BBC and ITV.
Ms Cerfontyne said this behaviour was even more extraordinary after the trial judge had already considered whether force press conferences given by Det Supt Fulcher were prejudicial to the case against Halliwell, adding: We find that he has a case for gross misconduct for this as well.
A Wiltshire Police spokesperson said they were taking the matter very seriously and carefully considering the recommendations made in the report.