DOCUMENT: LORD HUTTON, REPORT OF THE INQUIRY INTO THE CIRCUMSTANCES SURROUNDING THE DEATH OF DR DAVID KELLY C.M.G., 2004 [EXTRACT]

CHAPTER 5 The search for Dr Kelly and the finding of his body

128. Dr Kelly did not return from his walk and Mrs Kelly, who was joined by two of her daughters during the course of the evening (her third daughter being in Scotland), became increasingly worried about him. Mrs Kelly’s two daughters went out separately in their cars to look for their father on the roads and lanes along which he might have been walking, but when they had found no trace of him they rang the police about 12.20 a.m. on Friday 18 July.

129. The Thames Valley Police began an immediate search for Dr Kelly and the search operation was carried out with great efficiency. A police dog was used to assist in the search and a police helicopter with heat seeking equipment was called in. Assistant Chief Constable Michael Page was informed that Dr Kelly was missing at 3.09 a.m. and he arranged a meeting of key personnel at Abingdon Police Station at 5.15 a.m. By 7.30 a.m. 40 police officers were engaged in the search and Assistant Chief Constable Page was advised by two police specialists in the location of missing persons that Harrowdown Hill, which was an area where Dr Kelly had often walked, was an area to which particular attention should be given in the search. Assistant Chief Constable Page then directed that the area of Harrowdown Hill should be searched and members of the South East Berks Emergency Volunteers and the Lowland Search Dogs Association, who had joined the search, were deployed to Harrowdown Hill.

130. Two of the volunteers taking part in the search were Ms Louise Holmes, with her trained search dog, and Mr Paul Chapman. They worked together as a team and began their search about 8.00 a.m. and after a time they went into the wood on Harrowdown Hill from the east side. The dog picked up a scent and Ms Holmes followed him. Ms Holmes saw the dog go to the bottom of a tree and he then ran back to her barking to indicate that he had found something. She then went in the direction from which the dog had come and she saw a body slumped against the bottom of a tree. She shouted to Mr Chapman, who was behind her, to ring control to tell them that something had been found and she went closer to see if there was any first aid which she could administer. She saw the body of a man at the base of the tree with his head and shoulders slumped back against it. His legs were straight in front of him, his right arm was at his side and his left arm had a lot of blood on it and was bent back in a strange position. It was apparent to her that the man was dead and there was nothing she could do to help him. The person matched the description of Dr Kelly which she had previously been given by the police. Ms Holmes then went back to Mr Chapman, retracing the route by which she had come into the wood although there was no definite path or track by which she had approached the tree.

131. Mr Chapman had been unable to contact control so he made a 999 call to speak to Abingdon Police Station and arranged to walk back to where he and Ms Holmes had parked their car in order to meet the police officers who were coming to meet them. On the way back to their car they met three other police officers who themselves had been engaged in searching the area and Mr Chapman told them that they had found the body. Mr Chapman then took one of the police officers, Detective Constable Coe, to show him where the body was. Mr Chapman showed Detective Constable Coe the body lying on its back and Detective Constable Coe said that the body was approximately 75 yards in from the edge of the wood. Detective Constable Coe saw that there was blood around the left wrist and he saw a knife, like a pruning knife, and a watch on the left side of the body. He also saw a small water bottle. He remained about seven or eight feet away from the body and stayed in that position for about 25 or 30 minutes until two other police officers arrived who made a taped off common approach path to be used by everyone who came to the place where the body was lying. Two members of an ambulance crew, Ms Vanessa Hunt and Mr David Bartlett arrived at the scene about 9.55 a.m. They checked the body for signs of life and found none. They then placed four electrodes on the chest to verify that life was extinct and the monitor showed that there was no cardiac output and that life was extinct. They then disconnected the four electrodes from the heart monitor and left them on the chest and they themselves left the scene.

The investigations into the death of Dr Kelly

132. Assistant Chief Constable Page was informed at 9.20 a.m. that the body had been found. In his evidence he described the actions which he took and which were taken by others on his instructions as follows:

Q. What happened after that information had come to your attention?

A. Well, from my perspective I appointed a senior investigating officer, a man who would, if you like, carry out the technical issues around the investigation. I met fairly quickly with my Chief Constable and we decided what levels of resourcing and what levels of investigation we should apply to these circumstances.

Q. The fact that a body had been discovered, what sort of inquiry did you launch at the start?

A. We determined from the outset because of the attendant circumstances that we would apply the highest standards of investigation to this particular set of circumstances as was possible. I would not say I launched a murder investigation but the investigation was of that standard.

Q. We have heard how a common access path was established yesterday.

A. Yes.

Q. And the fingertip searching was carried out. Did forensic pathologists become involved?

A. Yes. We were very anxious, from the outset, to ensure the most thorough possible examination of the scene. I spoke to the Oxfordshire coroner, Mr Gardiner, and we agreed between us that we would use a Home Office pathologist, which is a very highly trained pathologist. It was also agreed with the senior investigating officer that we would use forensic biologists who are able to look at the scene and, in particular, blood splashes and make certain determinations from those in relation to what may have happened. As you say, a common approach path had been established; and it was determined that for that common approach path and for a distance of 10 metres either side and for a radius of 10 metres around Dr Kelly’s body that we would carry out a fingertip search. It was also agreed that Dr Kelly’s body would be left in situ so that the pathologist and the biologists could visit the scene with the body in situ to make their own assessment of the scene, which is not always the case but in this case we decided it would be wise to do so.

Q. Why was that, just to ensure—

A. Just to ensure that they could look at the environment and the surroundings and take in the full picture.

133. The detailed examinations which were carried out on the body at the place where it was found and of the area surrounding the body in the wood were as follows. Police search teams led by Police Constable Franklin and Police Constable Sawyer conducted a thorough fingertip search of the common approach path of the area surrounding the body and of the area on either side of the approach path. After the body had been moved they also conducted a fingertip search of the ground on which the body had been lying. This search lasted from 12.50 p.m. to 4.45 p.m. and the search of the ground on which the body had lain lasted from 7.24 p.m. to 7.45 p.m. Nothing of significance was found in the searches and Constable Sawyer said:

When I first saw Dr Kelly I was very aware of the serious nature of the search and I was looking for signs of perhaps a struggle; but all the vegetation that was surrounding Dr Kelly’s body was standing upright and there were no signs of any form of struggle at all.

134. Dr Nicholas Hunt, a Home Office accredited forensic pathologist arrived at the place where the body was lying at 12.10 p.m. and at 12.35 p.m. he confirmed that the body was dead. He then waited whilst the police carried out a fingertip search of the common approach path and he then began a thorough investigation of the body at 2.10 p.m. After this examination of the body at the scene and after a post-mortem examination, Dr Hunt furnished a detailed post-mortem report dated 25 July 2003 to the Oxfordshire coroner and at the Inquiry he gave evidence in accordance with his findings set out in that report.

135. Dr Kelly was right handed. In a statement furnished to the Inquiry Police Constable Roberts stated:

On Saturday 19th July 2003, I was on duty performing the role of Family Liaison Officer for Thames Valley Police.

On this date I spoke to Sian KELLY, the daughter of Dr David KELLY who confirmed that her father was right handed.

136. In the course of his evidence Dr Hunt gave (inter alia) the following evidence:

A. He was wearing a green Barbour type wax jacket and the zip and the buttons at the front had been

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