The New PSNI Investigation- The Kennedy Findings

I have detailed one of the findings of the Report by Kennedy in a previous Post  “Falsified Timings- The Final Outcome” published on 9th July 2018 when he came to the conclusion that  the crash did happen at 1448 or 1449. He also concluded that the recording machine in Police Control  had a wobbly turn at the time of the crash and decided to creep back some six or seven minutes for a short period and then corrected itself almost immediately afterwards.  The error wasn’t found by staff in the Control Room until Carson needed it to magically happen in order to explain why his phone recorded a call to his wife at the time of the crash of 1448. He was miraculously lucky to have been provided with such a cast iron alibi.

It is clear that ACC Mark Hamilton, ACC George Hamilton, the Public Prosecution Service, the Coroner et al are clearly convinced of this fairy tale.

I expected that the creators of such an outlandish tale might have been disciplined for such a whopper but I was wrong. It seems they have been given the equivalent of  letters of immunity and probably continue to serve to indulge in their dark and criminal practices.

I understand that Chief Constable Hamilton’s contract is up for renewal in the middle of next year.

It seems to me that if he is convinced by the story of the “clock drift” then he does not have the required judgement to remain in the post any longer and that he has already been promoted several grades above his competency. If he does not believe the story and then does nothing then he is just as corrupt as those who weaved the tale together in the first place.

 

 

The Other Part of the Kennedy Report

Since it was generally accepted that the PSNI did not have the competency to properly investigate the causes of the crash I had asked the Police to have the crash investigated again by a Police Investigator from another Force. I had in mind someone of the calibre of Mr Kane. At the same time the Police Ombudsman requested that my concerns be explored once again.

I agreed to cooperate fully even though  the investigation was to be carried out by ex Inspector Ian Kennedy who had left the RUC some years earlier and was working as a civilian in  the Road Policing Unit in Enniskillen. I was assured by Superintendent Muir Clarke that he was an accident investigator of great renown. In reality, he was a civilian without warrant and only limited authority and, in my view, limited expertise

I was never interviewed by him or met him before he had completed his Investigation.

On 7th June 2012  I was invited to a meeting with Kennedy and Supt Muir Clarke at Castlereagh Police Station to be given a verbal briefing on the results of his investigation.

I produce the addendum to the original Collision Report which Kennedy dictated to me.

I will then detail some of his replies to the questions I asked at the end of the presentation.

 

With the exception of the colour of the car he corrected every falsehood and error I had highlighted in the original Police Collision Report some 9 years previously. It was those lies which were forwarded to the Insurance Companies which resulted in Raymond’s family not receiving  any compensation for his death. Strangely, when asked by me, Kennedy told me that it was not his job to provide me or the Insurance Company with a written copy of his Report and suggested I might ask the Police Ombudsman for it. It was also clear to me that the cause of the crash was not to be re-investigated and he was simply investigating the authenticity or otherwise of my many submissions and the contents of my book.

He found that the unidirectional tyres would have no effect because he had spoken to a “rally driver”  who had assured him that the ill fitted tyres would have not reduced handling. The rally driver was not named. He wasn’t much interested in my several experts on the subject. He understood that drifters would reverse tyres to reduce delamination. The offence of ill-fitting tyres was time limited and couldn’t be proceeded with.

He stated that it was difficult to assess the speed of a vehicle passing by and that there wasn’t any evidence that would hold up in court. What he didn’t say was that he made not effort to find the appropriate expert who could calculate quite accurately the speed of both vehicles at the point of contact and give credible evidence in court. I had reports from three such experts but they were not considered by him and of course he was no expert himself.

He “found” the error in the recording device in the Police Control Room that recorded the time of the first call from the scene at 1443 and that the fault was in place for at least two days before and after the crash.

He could not find Witness 1 (who was first on the scene), peculiarly took a second statement from witness 2 which differed little from her first statement  and had to conclude that the crash happened at 1448 or 1449 and that Carson was using his phone at the time of the crash.   He said that the offence of driving and using a mobile phone at the same time was also time limited and he would not be prosecuted.

He colluded with the Coroner and agreed that he would interview the Pathologist again and persuaded him to write a second statement on the autopsy and modify his conclusion that Raymond’s health played no part in the cause of the crash. Unfortunately for both the Police and the Coroner the Pathologist’s second statement was little changed from the first and his conclusion remained unchanged. This will be fully explored in future posts dealing with the involvement of Chief Coroner Leckey in the case.

He could not interview Carson because Carson’s solicitors would not permit him to do so. Had he been a real policeman he would have had the authority to do under warrant. A real policeman would have to investigate the case with absolute integrity and without favour so would not have been appointed. He also agreed that he couldn’t interview Carson’s wife and he didn’t make any effort to trace the person who heard the telephone conversation taking place.

I questioned him about how the crash happened but he would only say that in his view the Nova entered the hedge rear first and spun round there.

I asked him if he had interviewed Mr Coll the Forensic officer in the light of my many criticisms of his Report. He seemed genuinely shocked by my question and said the Police would never question the findings of a Forensic Officer.  Mr Coll had a Bachelor of Science Degree and since he had no degree his word would not be challenged by him.

On the strength of the Kennedy Report, the Public Prosecution Office agreed with the new findings and no charges would be brought against Mr Carson. The offence submitted to the PPS against Carson by the PSNI was one of Careless Driving.

Elsewhere, it was agreed that no disciplinary action was to be brought against those officers who created and distributed false reports.

On 26th June 2012 I wrote to Chief Constable Baggott expressing my dismay with the nature of the so-called investigation of the crash set jointly up by the PSNI and the Police Ombudsman. I never received a reply from him.

On 15th March 2013 I wrote a letter to ACC George Hamilton asking for a written copy of Kennedy’s Addendum given that I had paid for a copy of the Collision Report and was entitled to any Addendum to it.

I didn’t get a copy of the above Addendum until 13th June 2013, a year after it was written.

At the same time, I received a reply from ACC Hamilton to tell me about his Internal Report which explained the concept of “Clock Drift”. In the same letter he told me that “Mr Kennedy conducted a review of the road traffic collision in which your brother died”. Someone was misleading him on both accounts because neither was the truth.

He still held out the possibility of a proper investigation by an outside force but of course that never happened.

The next post will relate my dealings with Chief Constable Hugh Orde when I asked for help.

 

 

 

 

 

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