Examination of Witnesses (Questions 1220
- 1239)
WEDNESDAY 1 DECEMBER 2004 (AFTERNOON)
MR DES
JAMES, MRS
DOREEN JAMES,
MR JAMES
COLLINSON, MRS
YVONNE COLLINSON,
MR GEOFF
GRAY AND
MRS DIANE
GRAY
Q1220 Mr Roy: On the point James
brought up, it had already been brought up with me before, in
relation to phone calls home, whether when a recruit phones home
they will not want to tell you because they do not want to worry
you, or they would be afraid that you would then call the Commanding
Officer. Would you recognise that as a possible scenario, which
has been put to me by one of my constituents before?
Mr Gray: That is a possibility,
that children do not want to worry the parents. I would not for
one moment think that I knew everything that Geoff got up to;
they do not tell you every single thing, so that is a strong possibility.
Q1221 Mr Roy: That is all down to
the action of accepting bullying, and it is very hard for that
young person, especially if the mindset in the Army is to accept
a form of bullying, because that young man from Fife told me in
Harrogate that it is a man's Army and you have got to be able
to handle it.
Mrs Gray: Can I just mention that
last night I received an e-mail from a serving sergeant from Catterick
who is willing to come forward and give evidence that he was raped
as a 16-year old young soldier going into the Army. He says he
has heard enough from yesterday what had happened, and that there
was not going to be a public inquiry because people do not come
forward. He said: "It has urged me to come forward and speak
out about what has happened to me." He is willing and I can
pass his name and number on to anybody, to speak out about his
experiencesnot only his own experiences but things he has
seen happen. He says, "do not for one minute think it has
gone away; it is still happening today".
Chairman: If we do decide to do that,
we will write to you so that you can pass it on to us.
Q1222 Mr Jones: On that point, if
an individual has come forward, the first thing has got to be
the Police because I would want them to investigate that thoroughly
and ensure that those allegations are as strong as you say.
Mrs Gray: That is what we thought
about these reports that you received last time from Surrey Police.
If they were not strong enough, then why did Surrey Police hand
them over?
Q1223 Mr Jones: No, because if you
look at the way the media has used that report, it is a bit disingenuous
in parts, and in parts they range from very serious allegations
like rape, which I personally think, like Frank, should be investigated
in all circumstances, down to some things in the report that were
hearsay. In some of the press reporting, that got lost off, which
was sad, to be honest. If there are serious issues, I would like
to make sure that the proper authorities get them at the right
time. I think the root cause of your dissatisfaction about what
happened to your loved ones is the way in which those cases were
investigated, which not only leaves you with unanswered questions
today but raises questions about lack of investigation. In 2002
it was announced that the Prime Minister would go over to the
civilian Police from the Army. What are your views about that,
and do you welcome it? Do you think that even though that is the
position clearly stated now, as we have been told on a number
of occasions, in practice that solves the problem? What else could
happen to avoid what clearly happened in your cases, where lack
of proper investigation right at the start then led to a sequence
of events which, to be honest, anything that anyone tells you
now you are not going to believeand I understand that,
because if I were in your position I would feel exactly the same?
Mr Gray: In 2001 Surrey Police
said they did have primacy in the investigation.
Mrs Gray: Primacy has always lain
with the Police.
Mr Collinson: Even in 1995 we
were told that as well. It was like the grey factor between the
Army, the MoD and the Police. We were not sure exactly who, but
it seems that it was the Police that had primacy.
Q1224 Mr Jones: It has been made
now crystal clear.
Mr Gray: Surrey Police unfortunately
allowed SIB to investigate or not investigate Geoff's death; and
even more unfortunate they believed what they said. Witnesses
in Geoff's case had to go to the SIB months after Geoff died and
ask to be interviewed. That is how bad it was. The main witness
in the incident had left Deepcut and was down in Portsmouth and
had to go to the Navy SIB and ask them to be interviewed about
Geoff's death.
Mrs Gray: Then Geoff was taken
by two SIB officers for the post mortem and the SIB officers
told the pathologist, "this is a suicide". Therefore
the pathologist just gave a cursory look over Geoff and never
noted anything down. He did not do a proper post mortem
and therefore evidence that could have been taken or found then
was not found.
Mr Gray: There was no ballistic
or forensic evidence taken. Geoff's uniform was incinerated the
day after he died, and we were told it was for health and safety
reasonsthere was blood on the uniform. If this had been
a civilian death, that would have been bagged up and used as evidence
in whatever form that was taken. There were no photographs taken
of Geoff's body because it was said that he had a normal post
mortem. There are two forms of post mortem, a normal
one and a special one. In Geoff's case he only had a normal post
mortem because there was nothing out of the ordinary, so I
questioned this and said: "He had two holes in his head.
Was that not out of the ordinary?" My answer from Surrey
Police to that was: "Well, when the pathologist is told it
is a suicide, those two holes are no longer out of the ordinary."
Mrs Gray: Going back to photographs,
witnesses say there were hundreds and hundreds of photographs
taken, yet it was not deemed a scene of crime; but there is only
one photograph that exists. I would like to know what happened
to all the other photographs. Nobody seems to know, but to me
it is quite clearly what happened: all the other photographs would
have shown other evidence. They had to be destroyedalong
with the log sheets. The Army themselves admitted taking the log
sheet out that night, the gun log sheet, and putting it into Geoff's
file. Because it was not requested by the Police, because the
Police did not investigate, the file was taken out a few days
later and shredded. Now, why would you shred just that log sheet,
when the Army keeps logs of logs of logs?
Q1225 Mr Jones: The point being,
it is quite clear there was no investigation.
Mrs Gray: That is right, there
was no investigation.
Q1226 Mr Jones: Personally, having
read all the detailed stuff I have on the four cases at Deepcut,
they quite clearly made the decision these were suicides and that
is it.
Mrs Gray: That is right.
Q1227 Mr Jones: Talking to friends
of mine in the Police Force, you never do that; you do not assume
that it is suicide until you establish what caused death, even
if it is natural causes. That, as I say, is the root cause of
the reason why, even if someone actually tried to convince you
that your child was not killed and did not kill themselves, no-one
is ever going to be able to convince you of that.
Mrs Gray: That is right.
Q1228 Mr Jones: Because of this woeful
lack of investigation. We heard this morning from the Catterick
families that they were let down by the Coroner Service as well.
Your experience is not just the lack of Police investigation and
the MoD, but the Coroner's Service to get some of the answers
to questions that you quite rightly demand to hear.
Mr Gray: Michael Burgess, the
Coroner for Surrey, did the inquest on Geoff's case. It was a
shambles, a complete shambles. Soldiers were allowed to shout
out answers to witnesses. We were told we did not need legal representation
so I turned up at the Coroner's court and was handed a bundle
of papers that saidyou know, "you had better read
through those" and I have got 10 minutes to read through
witness statements, and it is only then that you find out that
Geoff had been shot twice. It is only then that I found out about
the so-called search for his body. It is only then that you find
out that there were witness statementsseen running away
from where Geoff's body was eventually found. I had to stand in
the Coroner's court and ask questions about my son's death.
Mrs Gray: There were discrepancies
as well between some of the officers who said they were woken
at half past eleven and told it happened an hour previously. Nobody
seems to know what time he actually died.
Mr Gray: The problem with the
Coroner is that it is still going on because now we have a situation
where, in James's case, he has not had an inquest yet. Surrey
Police have now passed all the information on to the Coroner.
He will not give disclosure to the Collinson family or ourselves
about the Surrey Police investigation. We are in a crazy situation
where we have got to have each and every witness that gave a statement
to allow Surrey Police to give permission to hand the witness
statements over; so there are 800 witness statements that have
got to be given permission.
Chairman: I have been advised
Mr Jones: On the Collinson case.
Chairman: We will not talk about the
Coroner. Sorry. Please carry on.
Q1229 Mr Jones: I am quite interested
about the Coroner because I think the system has let you down
on a number of occasions, but we can not refer to the Collinson
case because that has not been heard yet.
Mr Gray: We are pushing for disclosure
as well. We need the Surrey Police report. It will not come across.
We have got to have all these witness statements and they have
got to give permission. What happens if Ron Laden or Nigel Barie
Josling refuse to give us their witness statements? What happens
then? On that point, Mr Chairman, could I formally ask that Ron
Laden and Nigel Barie Josling be brought before this Committee?
Mr Hancock: Hear, hear!
Q1230 Chairman: We will have to consider.
Mr Collinson: We have not had
our inquest yet on James's death, but on the night that James
passed away at Deepcut, as I say, all official letters say to
us that he died at 9.50 and it was not until months down the line
that we actually found out he died before 9.33 because the "man
down" call went out at 9.33. What had happened is, when the
"man down" call went out from 9.33, it seems that the
Army took 20 minutes before they informed the civilian Police
that they had an incident at the camp. Why did the Army need to
take that 20 minutes before informing Surrey Police?
Q1231 Mr Jones: That is the point
that concerns me about the clarification that has been taking
place, that the primacy quite clearly is clarified to be with
the civilian Police, but, as you say, the control over when they
are called and what happens needs tightening up as well. A lot
could happen in that delay period, intentionally, and I have to
say unintentionally in terms of the crime scene.
Mr Collinson: That is one thing
I can say in front of you at this moment is my concern at the
time delay of informing Surrey Police. If you have an incident
where a person is, all of a sudden, dead, surely the first one
is not also "man down" but at the same time there should
be a call out to Surrey Police, and yet they didn't. That is all
I can say.
Mr James: Whichever way we come
at this, we always come back to this one question of accountability.
If we talk about primacy, for instance, and whether Surrey Police
were aware they had it or did not, or were not aware, we have
been told, all of us, that they did have primacy at that time.
Whether or not they adopted it was another thing. When my daughter
was found in November 1995, one thing is very clear: she was the
second death at the same camp in 19 weeks. Inbetween those two
deaths there is now documented evidence, collected by the Army
themselves, that there were no less than 10 other suicide attempts
in that period. The one personthe one person who should
have taken control of that situation, in my opinion, and insisted
on primacy and closed the camp down and preserved the site, made
sure that Surrey Police got hold of itthe one person must
be, surely, the Commanding Officer?
Mr Hancock: Hear, hear.
Mr James: But the Commanding Officer
did not give evidence to the inquest, did not talk to us, did
not appear before the inquest, did not appear before the board
of inquiry, did not give evidence to the board of inquiry, and
now he is not going to appear before you either, allegedly.
Q1232 Mr Jones: You could also argue
that Surrey Police let you down.
Mr James: Absolutely.
Q1233 Mr Jones: Not insisting that
they had primacy.
Mr James: I would not question
that, I agree. But at the end of the day there was one person
who could have taken control and was, we believe, a professional
leaderand leadership was required that day, I think.
Mr Collinson: To us, Surrey Police
have held their hands up and said they were wrong from the very
first instance.
Q1234 Mr Havard: There are clearly
a whole lot of questions about the standards of behaviour of a
whole series of organisations, whether the Army, the SIB, the
Police, the Coroner Service and so on, but I am interested in
what advice and information you hadand I suspect the answer
is going to be "none"that you were not given
any advice. My colleague raised the question of having a liaison
officer to advise, because we see you, Mr Gray, go to a Coroner's
inquest unknowing, in the sense that I presume you had never been
there before, and I presume you are not legally qualified and
would not have had any experience; and there were opportunities
available to you in that process that you knew nothing about at
the time. I was wondering what advice you were given in order
to be capable people in that process. I guess there was little
or any liaison, or any explanation of what the processes would
look like in terms of inquests and so on. Am I right in that,
that there was no preparation for you in understanding the processes
that would unfold?
Mr James: The inquest was held
within three weeks, 200 miles away from our home. We set out at
four o'clock in the morning in a snowstorm, would you believe,
fortunately with a neighbour who offered to take us. We arrived
early, and if we had not arrived early we would have missed the
entire
Q1235 Mr Havard: If we are looking
for improvements to be made, presumably an obvious thing to say
is that there should be an actor of some sort, provided by someone,
who assists families in this circumstance to understand the processes
that should be unfolding, and how to behave within them.
Mr James: I am advised quite regularly
that the Coroners are already aware of that process, so without
going into personalities it went badly wrong, but I do not think
there needs to be any change to legislation in order to put it
right. That is the way it is explained to me.
Q1236 Mr Havard: That is interesting,
but do you think some sort of liaison process to help individuals
understand the processes would be a good idea?
Mr James: Absolutely.
Mr Collinson: When James passed
away, as I said, it was three days after James died that they
closed the investigation. That was us, you know. Then it was a
case of then having to organise his funeral. We still did not
know why he died, and we still do not to this day.
Q1237 Mr Havard: I understand that
that process is not concluded yet.
Mr Collinson: That is right, but
at the same time, it was not until ourselves met up with the Grays,
and we started putting public pressure on that the Surrey Police
started their investigation on 29 April.
Q1238 Mr Havard: So the only support
you have had is peer support from the other families.
Mr Collinson: From the first stage
of the death, yes. It was not until we got the Surrey Police to
start an investigation that we actually got appointed a family
liaison officer.
Mr Hancock: I am delighted the way things
have gone, because I now think it makes it unavoidable for us
not to have both Commanding Officers here. I think you have proved
that this afternoon by the questioning that has gone on here alone;
so I hope that that is a message that will go out, and so I am
grateful.
Chairman: I am sorry, we have not considered
it. It might be obvious to you, Mike, but we have not considered
it.
Q1239 Mr Hancock: I think it would
be hard not to now, Chairman, following the line of questioning
we have just had. Geoff, there must have been a motive in your
mind why this went the way it did. Why did you think they wanted
to pre-judge Geoff's death so quickly on the very day he died,
when they came to tell you, "not only did your son die, but
he committed suicide"? Why was there, in your opinion, reflecting
on what has gone on since, why you made that decision?
Mr Gray: In Geoff's case there
was a mixture of cock-up and cover-up. Surrey Police cocked up
well and truly and did not investigate Geoff's death. The Army
covered up by getting rid of evidence and not making it a crime
scene, et cetera. It is very, very easy to put a tag of
suicide on anybody, but, as we can see, it is very, very hard
to get that tag taken off.
|