Adrian Palmer - Independent Police Complaints Commission
Adrian Palmer - Independent Police Complaints Commission
Adrian Palmer - Independent Police Complaints Commission
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
<strong>Independent</strong> Investigation into West Mercia Constabulary’s<br />
involvement with <strong>Adrian</strong> <strong>Palmer</strong> in the months leading up to<br />
his death
Contents<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
Contents........................................................................................................................... 2<br />
Introduction ..................................................................................................................... 4<br />
Terms of reference.......................................................................................................... 5<br />
Terms of Reference and Responsibilities ...................................................................... 5<br />
Terms of Reference....................................................................................................... 5<br />
<strong>Complaints</strong>....................................................................................................................... 6<br />
Officers under investigation........................................................................................... 7<br />
Officer A ..................................................................................................................... 7<br />
Officer B ..................................................................................................................... 8<br />
Officer C..................................................................................................................... 8<br />
Background ..................................................................................................................... 8<br />
Brief chronological summary of events ...................................................................... 11<br />
Investigation Areas ....................................................................................................... 16<br />
West Mercia <strong>Police</strong>’s investigation into <strong>Adrian</strong>’s allegation of rape.............................. 16<br />
Memo from Officer A to Worcester Crime Desk dated 9/3/06 .................................. 18<br />
Letter from CPS to Officer A dated 6/3/06................................................................ 18<br />
Charging Decision from CPS ................................................................................... 18<br />
Completed MG3 – Report to CPS from Officer A dated 1/2/06 ................................ 19<br />
Completed MG5 Page 1 of 2 – Case Summary (no page 2).................................... 20<br />
List of names with comment “MG11s needed”......................................................... 21<br />
IPCC Investigation....................................................................................................... 22<br />
***** .......................................................................................................................... 22<br />
***** .......................................................................................................................... 25<br />
***** .......................................................................................................................... 26<br />
<strong>Adrian</strong>’s 999 Call 7 January 2006 ............................................................................ 27<br />
***** .......................................................................................................................... 28<br />
***** .......................................................................................................................... 29<br />
***** .......................................................................................................................... 29<br />
***** .......................................................................................................................... 29<br />
***** .......................................................................................................................... 31<br />
***** .......................................................................................................................... 31<br />
***** .......................................................................................................................... 32<br />
***** .......................................................................................................................... 32<br />
***** .......................................................................................................................... 33<br />
***** .......................................................................................................................... 34<br />
West Mercia’s Serious Sexual Offences Policy........................................................ 35<br />
Interview of Officer A................................................................................................ 36<br />
Interview of Officer B................................................................................................ 39<br />
Redacted Version 2
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
Conclusion regarding Rape Investigation .................................................................. 40<br />
Officer A ................................................................................................................... 40<br />
Officer B ................................................................................................................... 43<br />
Criminal Investigation Department ........................................................................... 45<br />
Further line of enquiry requested by West Mercia <strong>Police</strong> Federation....................... 46<br />
OIS 0138S 070106................................................................................................... 47<br />
<strong>Adrian</strong> <strong>Palmer</strong>’s custody record 310150 .................................................................. 47<br />
Allegations regarding threats made against <strong>Adrian</strong> <strong>Palmer</strong>...................................... 48<br />
Threats prior to 9 March 2006 ..................................................................................... 48<br />
Threats post 9 March 2006.......................................................................................... 50<br />
***** .......................................................................................................................... 50<br />
***** .......................................................................................................................... 51<br />
***** .......................................................................................................................... 52<br />
***** .......................................................................................................................... 53<br />
***** .......................................................................................................................... 54<br />
Officer C................................................................................................................... 54<br />
***** .......................................................................................................................... 55<br />
Forensic Telecommunication Service ...................................................................... 56<br />
***** .......................................................................................................................... 56<br />
Background Information relating to both ***** and <strong>Adrian</strong> <strong>Palmer</strong>................................ 57<br />
Conclusion pre 9 March 2006...................................................................................... 57<br />
Conclusion post 9 March 2006 .................................................................................... 58<br />
West Mercia Constabulary’s Investigation into the death of <strong>Adrian</strong> <strong>Palmer</strong>................. 59<br />
Overall Conclusion....................................................................................................... 61<br />
Recommendations ........................................................................................................ 62<br />
Recommendation 1...................................................................................................... 62<br />
Recommendation 2...................................................................................................... 62<br />
Recommendation 3...................................................................................................... 62<br />
Recommendation 4...................................................................................................... 63<br />
Recommendation 5...................................................................................................... 63<br />
Recommendation 6...................................................................................................... 63<br />
Documents and statement bundles are appended to this report.<br />
Redacted Version 3
Introduction<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
1. The following report outlines the circumstances and events following<br />
a report of male rape being made by Mr <strong>Adrian</strong> James <strong>Palmer</strong> of<br />
Tenbury Wells, Worcestershire and leading up to his murder.<br />
2. On 7th January 2006, Mr <strong>Palmer</strong> reported to West Mercia <strong>Police</strong>,<br />
that he had been raped by *****. An investigation took place and the<br />
Crown Prosecution Service decided to take no further action.<br />
3. Whilst the rape investigation was ongoing, it is alleged that Mr<br />
<strong>Palmer</strong> was receiving threats on his mobile telephone, which were<br />
reported by family members to West Mercia <strong>Police</strong>. Mr <strong>Palmer</strong><br />
suspected that these threats were being made by *****.<br />
4. On 20th May 2006, Mr <strong>Palmer</strong> was found by a postal worker in a car<br />
park adjacent to Teme Street, Tenbury Wells. Shortly after Mr<br />
<strong>Palmer</strong> was found, ***** arrived at the scene and told the postal<br />
worker he had killed Mr <strong>Palmer</strong>. ***** was arrested by police and<br />
after two failed trials, was found guilty of manslaughter and<br />
sentenced to 4 years in prison in December 2007.<br />
5. This investigation looks at the police involvement in the rape<br />
investigation, the further reports of threats and ultimately, how the<br />
previous incidents were involved with the murder investigation.<br />
Redacted Version 4
Terms of reference<br />
Terms of Reference and Responsibilities<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
6. <strong>Adrian</strong> <strong>Palmer</strong> was a 21 year old man living in Tenbury Wells,<br />
Worcestershire. <strong>Adrian</strong> suffered from Asperger’s Syndrome, ADHD<br />
and Reynard’s Disease. On 6th January 2006, <strong>Adrian</strong> <strong>Palmer</strong><br />
reported to West Mercia <strong>Police</strong> that he had been raped by ***** in<br />
Tenbury Wells. <strong>Adrian</strong> was interviewed by police on 12th January<br />
2006 and ***** was arrested, interviewed and bailed on 26th January<br />
2006. The Crown Prosecution Service decided to take no further<br />
action with the case on 9th March 2006. <strong>Adrian</strong> <strong>Palmer</strong>, and family<br />
members, further reported that <strong>Adrian</strong> was being threatened and<br />
harassed by *****, prior to ***** killing <strong>Adrian</strong> on 20th May 2006.<br />
Terms of Reference<br />
7. To investigate the circumstances surrounding the police contact with<br />
<strong>Adrian</strong> <strong>Palmer</strong> prior to 20th May 2006, as follows:<br />
8. Thoroughly review the rape investigation conducted after <strong>Adrian</strong>’s<br />
allegation against *****, taking into account local and national<br />
standards and procedures including: -<br />
9. West Mercia <strong>Police</strong>’s response to the allegation.<br />
10. The appropriateness of the response.<br />
11. Roles and Responsibilities of <strong>Police</strong> Officers and <strong>Police</strong> Staff within<br />
the investigation.<br />
12. The interaction between West Mercia <strong>Police</strong> and other agencies that<br />
were involved with <strong>Adrian</strong> <strong>Palmer</strong>.<br />
Redacted Version 5
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
13. Knowledge of Asperger’s Syndrome within the investigation.<br />
14. Thoroughly review the investigation into reported instances of threats<br />
and harassment made against <strong>Adrian</strong> <strong>Palmer</strong>, taking into account<br />
the following: -<br />
15. West Mercia <strong>Police</strong>’s response to the allegations.<br />
16. The appropriateness of the response.<br />
17. Roles and Responsibilities of <strong>Police</strong> Officers and <strong>Police</strong> Staff within<br />
the investigation.<br />
18. The interaction between West Mercia <strong>Police</strong> and other agencies that<br />
were involved with <strong>Adrian</strong> <strong>Palmer</strong>.<br />
19. Thoroughly review what importance, if any, was placed on the<br />
reported rape and threats by the murder investigation.<br />
20. To consider and report on whether any criminal or disciplinary<br />
offence may have been committed by any police officer or member<br />
of police staff involved in the incident, and whether relevant local and<br />
national policies were complied with;<br />
21. To consider and report on whether there is any organisational<br />
learning for the police service, including:<br />
22. Whether any change in police policy or practice would help to<br />
prevent a recurrence of the event, incident or conduct investigated.<br />
23. Whether the incident highlights any good practice that should be<br />
disseminated.<br />
<strong>Complaints</strong><br />
Redacted Version 6
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
24. No specific complaint has been received from the <strong>Palmer</strong> family,<br />
although they have provided statements to assist the enquiry.<br />
25. Mrs <strong>Palmer</strong> wrote to Gordon Brown, Prime Minister, in December<br />
2007 regarding how in her opinion several agencies, including West<br />
Mercia <strong>Police</strong>, had failed her grandson <strong>Adrian</strong> <strong>Palmer</strong> who had been<br />
killed in May 2006.<br />
26. Gordon Brown replied to the letter and also passed Mrs <strong>Palmer</strong>s<br />
concerns to the Ministry of Justice. West Mercia <strong>Police</strong> were<br />
informed by the Ministry of Justice about the concerns raised by Mrs<br />
<strong>Palmer</strong> and West Mercia <strong>Police</strong> made a voluntary referral to the<br />
IPCC.<br />
27. On 11 February 2008, it was decided by the ‘Shadow’<br />
<strong>Commission</strong>er, Len Jackson, that the investigation would be<br />
managed.<br />
28. On 10 March 2008, the <strong>Commission</strong>er with responsibility for West<br />
Mercia Constabulary, John Crawley, decided that the investigation<br />
should be upgraded to <strong>Independent</strong> due to further information that<br />
had been obtained.<br />
Officers under investigation<br />
Officer A<br />
29. Officer A was served with a Regulation 9 notice on 4 April 2008<br />
alleging: -<br />
30. That Officer A was the officer in the case for the rape investigation<br />
and they failed to conduct a thorough investigation prior to<br />
submission of a case file to the Crown Prosecution Service.<br />
31. That further allegations were brought to Officer A’s attention by Mr<br />
Redacted Version 7
Officer B<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
<strong>Palmer</strong> and his family that Mr <strong>Palmer</strong> was receiving threats on his<br />
mobile telephone during the course of your rape investigation and no<br />
further action was taken in respect of this.<br />
32. Officer B was served with a Regulation 9 notice on 4 April 2008<br />
alleging: -<br />
33. That Officer B was the supervising officer for the rape investigation<br />
Officer C<br />
conducted by Officer A and she failed to ensure that a thorough<br />
investigation was conducted as well as failing to ensure an<br />
appropriate file was passed to the Crown Prosecution Service.<br />
34. Officer C was served with a Regulation 9 notice on 4 April 2008<br />
alleging: -<br />
35. That threats contained in voicemail messages were reported to<br />
Officer C and they did not conduct a thorough investigation into<br />
these matters.<br />
Background<br />
36. <strong>Adrian</strong> <strong>Palmer</strong> was a 21 year old man living in Tenbury Wells,<br />
Worcestershire.<br />
37. <strong>Adrian</strong> was diagnosed with having ADHD, Reynaud’s disease (a<br />
circulation disorder), Dyspraxia (difficulty with coordination) and<br />
Asperger’s Syndrome.<br />
38. Dyspraxia manifested itself in <strong>Adrian</strong> having difficulty making skilled<br />
gross or fine motor skills with accuracy. He was diagnosed with<br />
Asperger’s Syndrome at the age of 13. Asperger’s Syndrome is a<br />
Redacted Version 8
form of Autism.<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
39. Some one million people in the UK have an Autism Spectrum<br />
Disorder (ASD) which is about 1 in 100 people. Although not alone,<br />
<strong>Adrian</strong> appears to have been the only person of his age in Tenbury<br />
with Asperger’s Syndrome.<br />
40. People with Asperger’s Syndrome have trouble with communication,<br />
social interaction and social imagination. In addition, they may have<br />
sensory difficulties and some coordination problems. Their behaviour<br />
can seem odd and sometimes can draw unnecessary attention, but<br />
in general ASD is a hidden disability and it may not be immediately<br />
obvious to people that someone with ASD has special needs.<br />
41. Asperger’s syndrome is a form of autism, which is a lifelong disability<br />
that affects how a person makes sense of the world, processes<br />
information and relates to other people.<br />
42. People with the condition have difficulties in three main areas. They<br />
are:<br />
� social communication<br />
� social interaction<br />
� social imagination.<br />
43. While there are similarities with autism, people with Asperger’s<br />
syndrome have fewer problems with speaking and are often of<br />
average, or above average, intelligence. They do not usually have<br />
the accompanying learning disabilities associated with autism, but<br />
they may have specific learning difficulties. These may include<br />
dyslexia and dyspraxia or other conditions such as attention deficit<br />
hyperactivity disorder (ADHD).<br />
44. In terms of communication <strong>Adrian</strong> always had an immense difficulty<br />
in being able to talk about himself or express his feelings. People<br />
with Asperger’s syndrome sometimes find it difficult to express<br />
Redacted Version 9
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
themselves emotionally and socially. For example, they may:<br />
� have difficulty understanding gestures, facial expressions or tone<br />
of voice<br />
� have difficulty knowing when to start or end a conversation and<br />
choosing topics to talk about<br />
� use complex words and phrases but may not fully understand<br />
what they mean<br />
� be very literal in what they say and can have difficulty<br />
understanding jokes, metaphor and sarcasm.<br />
45. Like many people with Asperger’s Syndrome, <strong>Adrian</strong> experienced<br />
some difficulties in terms of Social interaction with his peers. People<br />
with Asperger’s syndrome want to be sociable but have difficulty with<br />
initiating and sustaining social relationships, which can make them<br />
very anxious. People with the condition may:<br />
� struggle to make and maintain friendships<br />
� not understand the unwritten 'social rules' that most of us pick up<br />
without thinking. For example, they may stand too close to another<br />
person, or start an inappropriate topic of conversation<br />
� find other people unpredictable and confusing<br />
� become withdrawn and seem uninterested in other people,<br />
appearing almost aloof<br />
� behave in what may seem an inappropriate manner.<br />
46. People with Asperger’s syndrome have difficulty with social<br />
imagination. This can include:<br />
� limited ability to make up stories<br />
� imagining alternative outcomes to situations and finding it hard to<br />
Redacted Version 10
predict what will happen next<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
� understanding or interpreting other peoples thoughts, feelings or<br />
actions. The subtle messages that are put across by facial<br />
expression and body language are often missed<br />
� having a limited range of imaginative activities, which can be<br />
pursued rigidly and repetitively eg lining up toys or collecting and<br />
organising things related to his or her interest.<br />
47. <strong>Adrian</strong> lived with his grandparents, ***** and *****, in Tenbury Wells<br />
and had done most of his life. During the period January 2006 until<br />
May 2006, <strong>Adrian</strong> also spent some time living with his *****, in Ebbw<br />
Vale, Wales.<br />
48. On 7th January 2006, <strong>Adrian</strong> <strong>Palmer</strong> reported to West Mercia <strong>Police</strong><br />
that he had been raped by ***** in Tenbury Wells. <strong>Adrian</strong> was<br />
interviewed by police on 12th January 2006 and ***** was arrested,<br />
interviewed and bailed on 26th January 2006. The Crown<br />
Prosecution Service decided to take no further action with the case<br />
on 9th March 2006.<br />
49. <strong>Adrian</strong> <strong>Palmer</strong>, and family members, further reported that <strong>Adrian</strong> was<br />
being threatened and harassed by *****, prior to ***** killing <strong>Adrian</strong><br />
on 20th May 2006.<br />
Brief chronological summary of events<br />
50. At 22:34 hours on Friday 6 January 2006, ***** contacted West<br />
Mercia <strong>Police</strong> about <strong>Adrian</strong> <strong>Palmer</strong>. She informed West Mercia<br />
<strong>Police</strong> that <strong>Adrian</strong> will not leave her and her boyfriend alone. Prior to<br />
this interaction with the police, <strong>Adrian</strong> had had some involvement<br />
with West Mercia Constabulary before. This was relatively recent<br />
and in March 2005, <strong>Adrian</strong> stole a Fire Engine from the Fire Station<br />
in Tenbury Wells. Following this, <strong>Adrian</strong> came to the attention of the<br />
Redacted Version 11
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
police on a number of occasions, whilst before he had been dealt<br />
with once.<br />
51. At 02:59 hours on Saturday 7 January 2006, <strong>Adrian</strong> <strong>Palmer</strong> rang<br />
West Mercia <strong>Police</strong>. He began the conversation by saying that he is<br />
getting his revenge on ***** who raped him, before moving onto other<br />
issues. This is recorded on incident log 0138S 070106.<br />
52. At 03:38 hours on Saturday 7 January 2006, <strong>Adrian</strong> was spoken to<br />
by two police officers, ***** and *****, who took him home.<br />
53. At 04:13 hours on Saturday 7 January 2006, West Mercia <strong>Police</strong><br />
received a call from Mr <strong>Palmer</strong>, <strong>Adrian</strong>’s grandfather, asking for the<br />
police to return as they cannot cope with <strong>Adrian</strong> “wrecking the place”.<br />
54. At 04:23 hours on Saturday 7 January 2006, ***** and ***** arrested<br />
<strong>Adrian</strong> and took him into custody at Worcester <strong>Police</strong> Station.<br />
55. At 05:06 hours on Saturday 7 January 2006, <strong>Adrian</strong>’s detention was<br />
authorised by the Custody Sergeant at Worcester <strong>Police</strong> Station.<br />
56. At 05:45 hours on Saturday 7 January 2006, <strong>Adrian</strong> told the civilian<br />
custody officer at Worcester that the reason he “kicked off” was that<br />
***** has been blackmailing him for sex.<br />
57. At 08:45 hours on Saturday 7 January 2006, <strong>Adrian</strong> was released<br />
from custody. <strong>Adrian</strong> was collected from Worcester <strong>Police</strong> Station by<br />
Officer A and Officer B.<br />
58. At 11:35 hours on Saturday 7 January 2006, Officer A and Officer B<br />
spoke with <strong>Adrian</strong> at his home address. <strong>Adrian</strong>’s grandmother,<br />
Margaret <strong>Palmer</strong> was also present. He was asked to give an initial<br />
account of what ***** had done to him.<br />
59. At 13:08 hours on Saturday 7 January 2006, Officer B recorded on<br />
the incident log that further enquiries are needed before the incident<br />
Redacted Version 12
is crimed.<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
60. At 11:06 hours on Thursday 12 January 2006, <strong>Adrian</strong> took part in a<br />
visually recorded interview with ***** at Spetchley Road, Worcester.<br />
Due to <strong>Adrian</strong> having Asperger’s Syndrome, an appropriate adult<br />
was required for him. The role of the appropriate adult was to<br />
support <strong>Adrian</strong> during the interview. <strong>Adrian</strong>’s appropriate adult was<br />
***** The interview was concluded at 14:12 hours on the same date.<br />
61. At 22:38 hours on Thursday 12 January 2008, Mr <strong>Palmer</strong>, <strong>Adrian</strong>’s<br />
grandfather, contacted West Mercia <strong>Police</strong> concerned for <strong>Adrian</strong> as<br />
he has left the house to see a friend and has not come back.<br />
62. At 23:21 hours on Thursday 12 January 2006, <strong>Adrian</strong> was found by<br />
officers and returned home.<br />
63. At 23:29 hours on Thursday 12 January 2006, the control room<br />
operator is updated by the officer who found <strong>Adrian</strong>. The incident log<br />
is updated to say that ***** is living with his mother and that rumours<br />
have spread of <strong>Adrian</strong>’s allegation that ***** had raped him. It was<br />
also recorded that it is believed the rumour has been spread by the<br />
appropriate adult, *****.<br />
64. At 09:54 hours on Thursday 26 January 2006, ***** was arrested for<br />
suspicion of male rape.<br />
65. At 11:24 hours on Thursday 26 January 2006, a section 18 search is<br />
carried out at *****, Tenbury Wells. This was ***** home address and<br />
was searched for evidence that could assist the rape investigation.<br />
66. At 13:27 hours on Thursday 26 January 2006, ***** was interviewed<br />
by ***** and Officer A.<br />
67. At 15:14 hours on Thursday 26 January 2006, ***** was bailed from<br />
<strong>Police</strong> custody pending further enquiries.<br />
Redacted Version 13
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
68. At 17:55 hours on Saturday 28 January 2006, Jeanette Morgan,<br />
<strong>Adrian</strong>’s mother, rang West Mercia <strong>Police</strong>. Jeanette spoke with<br />
Officer A and informed her that <strong>Adrian</strong> has been staying in Wales<br />
with her (Jeanette) and that ***** had also been there. *****, at this<br />
time, was a friend of <strong>Adrian</strong>’s. Jeanette told Officer A that <strong>Adrian</strong><br />
had tried to “act out a scene from Eastenders with *****”, whereby he<br />
has attempted to kiss her, and that ****** has returned to Tenbury<br />
Wells because of it. ***** has sent a text message to <strong>Adrian</strong> today<br />
(28/01/06) saying that she no longer wanted anything to do with<br />
<strong>Adrian</strong> and that she will support ***** and not <strong>Adrian</strong>.<br />
69. On Wednesday 1 February 2006, Officer A put together the crime file<br />
in respect of the rape allegation made by <strong>Adrian</strong>.<br />
70. On Thursday 9 February 2006, <strong>Adrian</strong> appeared in court and was<br />
sentenced regarding a theft of a fire engine that took place in March<br />
2005. Following a Psychologist’s report, it was deemed that <strong>Adrian</strong><br />
was not fit to plead to the charge. <strong>Adrian</strong> was sentenced to a two<br />
year Supervision Order, supervised by Worcestershire County<br />
Council Social Services Department.<br />
71. <strong>Adrian</strong> is involved in an incident with ***** on the evening of Friday<br />
10 February 2006. ***** is in a car with a male and follows <strong>Adrian</strong>,<br />
shouting abuse and throwing things at him. <strong>Adrian</strong> says that he will<br />
tell the police of what is happening, but ***** goes to the police<br />
station and informs Officer C that <strong>Adrian</strong> is harassing her. <strong>Adrian</strong> is<br />
sent home by Officer C.<br />
72. On Saturday 11 February 2006, ***** viewed messages on <strong>Adrian</strong>’s<br />
mobile phone and provided advice. This was following a concern<br />
raised by *****, about the manner in which <strong>Adrian</strong> was treated the<br />
previous night by *****. The advice was given to both <strong>Adrian</strong> and<br />
*****. This is covered in more detail later in the report.<br />
Redacted Version 14
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
73. On Sunday 26 February 2006, ***** rang West Mercia <strong>Police</strong> as<br />
<strong>Adrian</strong> was at the Fire Station in Tenbury Wells and threatening to<br />
break in. Officers attended and <strong>Adrian</strong> was arrested under section<br />
136 of the Mental Health Act. He was released the following<br />
morning without charge.<br />
74. On Monday 6 March 2006, *****, Senior Crown Prosecutor, decides<br />
that no further action would be taken in respect of <strong>Adrian</strong>’s rape<br />
allegation. Reasons given for no further action was that <strong>Adrian</strong> was<br />
not fit to plead in respect of the fire engine incident, a complete<br />
absence of medical evidence, no other corroborative evidence and<br />
<strong>Adrian</strong> could not be certain when the attack took place. This is<br />
discussed later in the report.<br />
75. On Thursday 9 March 2006, Officer A notifies both <strong>Adrian</strong> and *****<br />
as to CPS’s decision that there will be no further action due to<br />
insufficient evidence.<br />
76. On Wednesday 29 March 2006, ***** notifies ***** that <strong>Adrian</strong> is<br />
receiving threatening voicemail messages on his mobile phone. *****<br />
is a Support Worker for Women’s Aid and was working with ***** at<br />
this time. ***** recommends contacting the police. This is discussed<br />
later in the report in more detail.<br />
77. On Thursday 30 March 2006, ***** contacted Gwent <strong>Police</strong> about the<br />
voice mail messages <strong>Adrian</strong> had received. An officer, *****, was<br />
deployed and advised ***** and <strong>Adrian</strong> to contact police in Tenbury<br />
Wells who had been dealing with the rape allegation.<br />
78. On Saturday 1 April 2006, <strong>Adrian</strong> reported the messages to West<br />
Mercia <strong>Police</strong>, by visiting Tenbury Wells <strong>Police</strong> Station.<br />
79. On Saturday 1 April 2006, Officer C visited <strong>Adrian</strong>’s home address<br />
and listened to the voice mail messages. He closed the incident<br />
Redacted Version 15
saying that the messages were unintelligible.<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
80. On Tuesday 4 April 2006, ***** listened to the messages at an<br />
appointment with <strong>Adrian</strong>. ***** is a Psychologist who worked with<br />
<strong>Adrian</strong> on a regular basis. This is covered in more detail later in the<br />
report.<br />
81. On Sunday 16 April 2006, <strong>Adrian</strong> went to Tenbury Wells <strong>Police</strong><br />
Station and reported that he had been inappropriately touching his<br />
sister. Social Services became involved, but no action was taken as<br />
the incident appeared to be <strong>Adrian</strong> being confused about issues,<br />
rather than an actual crime taking place. This incident was given a<br />
crime reference number by Officer B.<br />
82. In the early hours of Saturday 20 May 2006, <strong>Adrian</strong>’s body was<br />
found in the car park, just off Teme Street. ***** was arrested and<br />
charged in relation to the death of <strong>Adrian</strong> and ultimately convicted of<br />
<strong>Adrian</strong>’s manslaughter.<br />
Investigation Areas<br />
83. This report splits the investigation into two main areas, the first being<br />
the investigation conducted by West Mercia <strong>Police</strong> into the<br />
allegations of rape made by <strong>Adrian</strong> <strong>Palmer</strong>. The second is West<br />
Mercia <strong>Police</strong>’s response to the allegations of further threats being<br />
received by <strong>Adrian</strong> <strong>Palmer</strong>.<br />
West Mercia <strong>Police</strong>’s investigation into <strong>Adrian</strong>’s allegation of rape<br />
84. The investigation into West Mercia <strong>Police</strong>’s investigation into<br />
<strong>Adrian</strong>’s allegation began by obtaining a copy of the file submitted to<br />
the Crown Prosecution Service. The file contained a number of<br />
documents: -<br />
• Memo from Officer A to Worcester Crime Desk dated 9/3/06<br />
Redacted Version 16
• Letter from CPS to Officer A dated 6/3/06<br />
• Charging Decision from CPS<br />
• Completed MG1 – File Front Sheet dated 1/2/06<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
• Completed MG3 – Report to CPS from Officer A dated 1/2/06<br />
• *****’s Notice of Bail dated 26/1/06<br />
• Completed MG5 Page 1 of 2 – Case Summary (no page 2)<br />
• Completed MG6 – Case File information<br />
• Statement of Officer A dated 1/2/06<br />
• Statement of ***** dated 1/2/06 (not mentioned on MG3)<br />
• Statement of ***** dated 27/1/06<br />
• Index of Visually Recorded Interview with <strong>Adrian</strong> <strong>Palmer</strong> 12/1/06<br />
• Incident Report 0138S 070106<br />
• Message for Officer A from ***** dated 7/2/06<br />
• Seized Property Register regarding ***** Tenbury Wells<br />
• Victim Contact Log for Serious Sexual Offences<br />
• Handwritten notes regarding ***** interview<br />
• Handwritten note to Officer A dated 26/1/06 regarding ***** arrest<br />
• ‘Yellow’ MG3 – CPS comments dated 3/2/06<br />
• Notice to Person whose Interview has been recorded<br />
• A4 sheet with some handwriting<br />
• List of questions for ***** with some handwritten comments<br />
• E-mail from Officer A to ***** dated 7/1/06<br />
• Report from ***** to Officer A dated 19/1/06<br />
• Note for Officer A regarding visit from ***** dated 17/1/06<br />
• Vulnerable Witness Investigation log<br />
• List of names with comment “MG11s needed” (Witness Statements)<br />
85. The following are extracts from documents within the Rape<br />
Investigation file that was submitted to the Crown Prosecution<br />
Service.<br />
Redacted Version 17
Memo from Officer A to Worcester Crime Desk dated 9/3/06<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
86. This memo was sent to the Crime Desk along with the papers<br />
relating to the rape investigation at the end of the investigation.<br />
87. Please find enclosed papers for above OIS (OIS are incident logs).<br />
This has not been crimed as we could not establish a crime until I/Vs<br />
etc were carried out. CPS have advised no further action should be<br />
taken.<br />
Letter from CPS to Officer A dated 6/3/06<br />
88. This letter was sent to Officer A by fax.<br />
89. Please accept my apologies for not getting this MG3 back to you<br />
sooner but as discussed with you – the decision is that this allegation<br />
of male rape should be taken no further.<br />
90. Please find herewith the MG3 to confirm – as you will note from the<br />
content – the witness is not credible for a number of reasons – not<br />
least that he has significant mental health issues.<br />
Charging Decision from CPS<br />
91. The following is a direct lift from the advice/decision given by *****.<br />
92. Discussed the case further with Officer A. Made an effort to get sight<br />
of the report prepared for court in Shropshire – re the question of<br />
fitness to plead – the lawyer acting for <strong>Palmer</strong> indicated that he<br />
would have to gain consent of his client BEFORE he released it to<br />
us.<br />
93. In any event – the court agreed <strong>Palmer</strong> was “not fit to plead” in<br />
respect of the allegation of agg twoc (aggravated taking without<br />
Redacted Version 18
consent) of the fire engine.<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
94. We have no realistic prospect of conviction in relation to this<br />
allegation of rape.<br />
95. There is no corroborative evidence – complete absence of any<br />
medical evidence of any form.<br />
96. The witness is not credible and has significant mental health issues –<br />
even if there were a remote chance of conviction – the witness would<br />
not withstand the rigors of cross examination – esp given that even<br />
his own account of the alleged assault he cannot be certain if he was<br />
assaulted a few months ago or a few years ago.<br />
97. Determine NO FURTHER ACTION<br />
Completed MG3 – Report to CPS from Officer A dated 1/2/06<br />
98. Officer A completed a MG3 as part of the file to CPS. The report<br />
gives an outline of circumstances, which are as follows: -<br />
99. <strong>Adrian</strong> PALMER suffers with ASPERGERS SYNDROME,<br />
REYNARDS DISEASE and ADHD. On 07/01/06 PALMER called<br />
police stating he was going to ***** TENBURY WELLS to kill ***** if<br />
the police did not do something. He went on to say he was getting<br />
revenge on ***** whom had raped him four years ago. PALMER<br />
ended up being arrested at his grandparents address to prevent a<br />
breach of the peace due to his drunken state. Later that day when<br />
PALMER had been collected from WORCESTER <strong>Police</strong> Station, he<br />
was spoken with in the presence of his grandparents in relation to<br />
the allegation of rape that he had made. His response was recorded<br />
on a sexual offences log and a Vulnerable witness interview was<br />
arranged. During this interview PALMER goes into detail of how the<br />
rape took place but stated that it was a couple of months ago.<br />
Redacted Version 19
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
100. On 26 th Jan 06 ***** was arrested on suspicion of rape. A section 18<br />
search was carried out at ***** TENBURY WELLS where items of<br />
bedding were seized. During ***** interview he stated that he hated<br />
PALMER and that he felt PALMER was making it up due to the fact<br />
that he had been avoiding him the previous night and that this had<br />
upset PALMER.<br />
Completed MG5 Page 1 of 2 – Case Summary (no page 2)<br />
101. <strong>Adrian</strong> PALMER BN. 19/11/84 suffers from Aspergers Syndrome.<br />
Reynards disease and ADHD. He resides between 27 BROMYARD<br />
ROAD, TENBURY WELLS his grandparents address and his<br />
mothers address in WALES. On Saturday 7 th January 2005 (sic) at<br />
around 03.05 hours, PALMER called police stating that he was going<br />
to break into ***** TENBURY WELLS and kill ***** if the police did<br />
not do something. PALMER goes on to state that he is getting<br />
revenge on ***** who raped him four years ago. PALMER was very<br />
intoxicated and was arrested to prevent a breach of the peace at his<br />
grandparent’s address.<br />
102. On Saturday 7 th January 2006 police returned him to his<br />
grandparent’s address after PALMER was collected from<br />
WORCESTER <strong>Police</strong> Station. When he was in the presence of his<br />
grandparents he was spoken to in relation to the allegations he had<br />
made in relation to the rape. PALMER’S response was recorded in a<br />
sexual offences log (C61) and a vulnerable witness interview was<br />
arranged to take place.<br />
103. On Thursday 12 th January 2006 PALMER’S Vulnerable witness<br />
interview was conducted at Worcester. During this PALMER goes<br />
into detail of the alleged rape that happened a couple of months ago<br />
and how ***** touched him and undid his trousers. He goes on to<br />
say that when he said “No” that ***** got violent with him pushing him<br />
Redacted Version 20
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
around the flat. He states that ***** is gay and bullies him into<br />
touching him. PALMER then tells of how ***** then pulled him into<br />
the bedroom, pulled his trousers down and then pulled PALMERS<br />
trousers down. PALMER then said something to ***** that he can’t<br />
recall which made ***** angry. ****** then pushed PALMER on to the<br />
bed where PALMER lands on his stomach and describes in detail<br />
how the rape took place. At the end of his interview during the victim<br />
personal statement PALMER describes how the incident has left him<br />
feeling angry towards people for months.<br />
104. On Thursday 26 th January 2006 ***** arrested ***** on suspicion of<br />
rape. A section 18 search was carried out at *****, TENBURY<br />
WELLS where items of bedding were seized. At 13.27 hours a tape<br />
recorded interview was conducted with ***** reference 22CA/811/06.<br />
The interview was conducted by ***** also present was Officer A.<br />
During the interview ***** stated that he had known PALMER since<br />
primary school and stated that he hated him. He stated that he did<br />
not know of PALMERS medical conditions and that PALMER had<br />
visited his flat 8-10 times in the time that he has known PALMER and<br />
that PALMER has slept over once in that time. He admitted that he<br />
was gay but denied that he had ever had sexual relations with<br />
PALMER. He admitted that he has pushed PALMER around the flat<br />
once when PALMER would not leave the flat, and that the police<br />
were called but did not attend. He also stated that he thought that<br />
PALMER had made this up because he was upset that on the<br />
previous night himself and ***** had avoided PALMER around<br />
TENBURY WELLS, which resulted in PALMER following them<br />
around. ***** called the police to say that PALMER was following her<br />
around OIS 732-S-060106 refers.<br />
List of names with comment “MG11s needed”<br />
105. Within the file submitted to the CPS is a handwritten list of names<br />
Redacted Version 21
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
with comments next to them. The names and comments are: -<br />
106. ***** – Mentioned by ***** in I/V and in ***** MG11.<br />
107. ***** – Mentioned by *****– he told her he was gay. Visited his flat<br />
with *****. On 6 th Jan kept losing <strong>Adrian</strong>, then called police. Spoke<br />
to <strong>Adrian</strong> on ***** phone.<br />
108. ***** – ***** I/V. Got <strong>Adrian</strong> drunk & that’s when he said I’d raped<br />
him. <strong>Adrian</strong> – 1 st person he told was *****.<br />
109. ***** – Mentioned in I/V (*****) They went to visit ***** on 6 th Jan.<br />
110. ***** – Change in <strong>Adrian</strong>’s behaviour.<br />
IPCC Investigation<br />
*****<br />
111. ***** of <strong>Adrian</strong>. <strong>Adrian</strong> had lived with his *****. ***** provided a<br />
statement to the IPCC on 15 March 2008.<br />
112. ***** said she first became aware of <strong>Adrian</strong>’s allegation of rape on 7<br />
January 2006, when he was brought home by Officer A and Officer<br />
B. ***** says that the first thing she was asked by Officer A was<br />
whether <strong>Adrian</strong> could make a story up. ***** told Officer A that<br />
<strong>Adrian</strong> could not make a story up and this is when she was told that<br />
<strong>Adrian</strong> alleged he had been raped. *****, <strong>Adrian</strong>, Officer A and<br />
Officer B then sat down in the living room and <strong>Adrian</strong> was asked<br />
what had happened. He said that ***** had locked <strong>Adrian</strong> in ***** flat<br />
and started to knock him around. <strong>Adrian</strong> also said that ***** had<br />
threatened him if he told anybody about this. Officer A stopped the<br />
discussion then and said that specialists were needed to interview<br />
<strong>Adrian</strong> about what had happened.<br />
Redacted Version 22
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
113. ***** said that the Saturday after <strong>Adrian</strong> had made the allegation of<br />
rape; he received a call on his mobile telephone. <strong>Adrian</strong> used the<br />
telephone on loudspeaker, so it could heard the call. I could here<br />
***** voice saying “You fucking bastard” and then <strong>Adrian</strong> hung up.<br />
***** recognised ***** voice because he used to ring <strong>Adrian</strong> at home.<br />
This was raised with Officer A, who said that nothing could be done<br />
due to withheld numbers.<br />
114. She said that <strong>Adrian</strong> went to live with his mother in Wales and was<br />
brought back the night before his interview. A plain clothes officer<br />
collected <strong>Adrian</strong> and then collected ***** who acted as <strong>Adrian</strong>’s<br />
appropriate adult.<br />
115. After the interview, a female officer rang ***** (*****) and told *****<br />
that <strong>Adrian</strong> had done well in the interview. The only problem was<br />
that <strong>Adrian</strong> could not remember the date the incident happened.<br />
***** said that <strong>Adrian</strong> would have been more concerned about what<br />
had happened rather than when it happened. After the interview,<br />
<strong>Adrian</strong> went back to Wales and ***** went with him.<br />
116. On a Thursday after the interview, possibly a week, ****** said she<br />
was made aware by Officer A that ***** had been arrested,<br />
interviewed and released on bail. Officer A also asked if ***** could<br />
arrange for <strong>Adrian</strong> to obtain an appointment with a doctor, so that he<br />
could be examined. As <strong>Adrian</strong> was living in Wales, Officer A also<br />
rang ***** to inform her of this. ***** said that she thought a police<br />
doctor would have seen <strong>Adrian</strong> when he was interviewed. She<br />
further comments that she had been informed that <strong>Adrian</strong> probably<br />
would be examined by a police doctor. ***** believes that she was<br />
told this by Officer A.<br />
117. ***** said that on the day ***** was arrested, <strong>Adrian</strong> and ***** had<br />
some sort of fallout whilst they were in Wales. Due to this fallout,<br />
***** returned to Tenbury Wells without <strong>Adrian</strong>.<br />
Redacted Version 23
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
118. ***** says that the next contact she had about the allegation was<br />
from Officer A. Officer A told ***** that <strong>Adrian</strong>’s allegation was being<br />
taken no further by the Crown Prosecution Service. Officer A gave<br />
the reasons of <strong>Adrian</strong> not being able to say when the rape took place<br />
and the fact that <strong>Adrian</strong> was classed as unfit to plead in the fire<br />
engine trial, as to why the Crown Prosecution Service took the case<br />
no further.<br />
119. ***** said that she was shocked by this decision as she had a lot to<br />
say to the Crown Prosecution Service but now couldn’t. ***** wanted<br />
to say when she thought the rape might have taken place and the<br />
changes in <strong>Adrian</strong> in the months before his allegation.<br />
120. ***** said that when she was informed this by Officer A, she asked<br />
Officer A what they should do about <strong>Adrian</strong>’s safety and ***** was<br />
told that if anything happened, they would know who to look for.<br />
121. ***** said she had thought long and hard about when <strong>Adrian</strong> may<br />
have been raped. ***** remembers that one Saturday night in<br />
December 2004, around thirteen months before <strong>Adrian</strong> made the<br />
allegation; <strong>Adrian</strong> had been out in Tenbury Wells, with *****. At<br />
around midnight they were walking back and <strong>Adrian</strong> left saying he<br />
was going to go and see *****.<br />
122. <strong>Adrian</strong> did not return until 04:00 hours the following (Sunday)<br />
morning and when he did was extremely uptight and upset. <strong>Adrian</strong><br />
would not say why he was upset and immediately went to bed. Later<br />
that Sunday morning, ***** said that she had taken <strong>Adrian</strong> a cup of<br />
coffee and he was laid on his bed still fully clothed. His eyes were<br />
red, as if he had been crying. ***** said she asked <strong>Adrian</strong> what was<br />
wrong and <strong>Adrian</strong> said that he went to ***** flat and ***** locked him<br />
in and started to knock him about. ***** also rang the police and said<br />
<strong>Adrian</strong> had followed him into the flat. ***** then threw <strong>Adrian</strong> out and<br />
told <strong>Adrian</strong> not to tell anybody about what happened. There is an<br />
Redacted Version 24
*****<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
incident in December 2004 that is recorded by West Mercia<br />
Constabulary, taking place on 19 December 2004. The incident<br />
recorded by West Mercia Constabulary relates to a call from *****<br />
alleging that <strong>Adrian</strong> <strong>Palmer</strong> has followed him (*****) into ***** flat and<br />
will not leave. It is recorded on the incident log that there is shouting<br />
in the background, although it is not recorded what is being shouted.<br />
<strong>Police</strong> Officers did not attend immediately after the call from ***** but<br />
a call back was made, when ***** informed the call handler that<br />
<strong>Adrian</strong> had left.<br />
123. On the Monday morning following this, ***** said that she took<br />
<strong>Adrian</strong>’s washing from his room. She noticed that <strong>Adrian</strong>’s<br />
underpants had been soiled and there were bits of blood in them.<br />
***** thought that <strong>Adrian</strong> must have had an upset stomach for this to<br />
happen as she said that <strong>Adrian</strong> was usually constipated.<br />
124. It will be seen at the evidence of ***** that the above evidence had<br />
not been provided to the Crown Prosecution Service.<br />
125. ***** provided a statement to West Mercia Constabulary on 25 June<br />
2006. She refused to provide a statement to the IPCC, other than to<br />
say she did not want to be involved in the investigation. ***** says<br />
that she was at ***** house and received a call from *****, saying that<br />
<strong>Adrian</strong> was at the house and could she come home. This call was<br />
around 21:15 hours. ***** went home and ***** went along too. At<br />
around 22:30 hours, ***** left ***** house and went to The Pembroke<br />
and <strong>Adrian</strong> left around ten minutes later.<br />
126. Around 23:00 hours, ***** says she received a call from ***** to say<br />
that <strong>Adrian</strong> had turned up at The Pembroke and was annoying her.<br />
***** said that she rang <strong>Adrian</strong> and arranged to meet him at the Spar<br />
shop. ***** and <strong>Adrian</strong> met up and went back to ***** house.<br />
Redacted Version 25
*****<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
127. ***** says she went out for a short drive with ***** when she got<br />
home, and returned around 23:45 hours. <strong>Adrian</strong> was still at her<br />
house. She described <strong>Adrian</strong> as being wound up about so<br />
something and asks what is wrong. ***** says she was told to mind<br />
her own business. ***** offered <strong>Adrian</strong> a whisky which he accepted.<br />
***** describes the whisky as being in a pint glass, around a quarter<br />
full of whisky and topped up with water. She says that <strong>Adrian</strong><br />
‘downed’ the whisky in one go, whereas she expected him to sip it.<br />
128. Shortly after this ***** described <strong>Adrian</strong> as acting drunk, so she walks<br />
<strong>Adrian</strong> back to his house. ***** describes them leaving the house<br />
and only getting a very short distance before <strong>Adrian</strong> started sobbing<br />
hysterically and told her that ***** had been raping him, meaning<br />
*****. ***** and both she and <strong>Adrian</strong> went back to ***** house.<br />
129. ***** describes <strong>Adrian</strong> as speaking to ***** and she heard him say<br />
that ***** (<strong>Adrian</strong>) ***** raping him. After <strong>Adrian</strong> had spoken with<br />
*****, he went home.<br />
130. ***** did not provide a statement to the police as part of the rape<br />
investigation. There is a telephone message from ***** for Officer A<br />
dated 7 February 2006 stating that someone wanted to see her<br />
about a statement. This message is after the file has been submitted<br />
to CPS.<br />
131. ***** also refused to provide a statement to the IPCC and her<br />
evidence has been obtained from the statement she provided to the<br />
police as part of the investigation into <strong>Adrian</strong>’s death.<br />
132. *****, provided a statement to the IPCC on 29 April 2008. She can<br />
recall that one evening, she does not provide the date, <strong>Adrian</strong> was at<br />
her home with ***** said that she would walk <strong>Adrian</strong> home and they<br />
Redacted Version 26
oth left. Very shortly after they left, they both returned.<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
133. <strong>Adrian</strong> told ***** had raped him, but gave no further details. *****<br />
said that <strong>Adrian</strong> did not appear to have been drinking but was crying<br />
when this was said. ***** said she asked <strong>Adrian</strong> why he did not tell<br />
his ***** this and he replied that he did not want to. <strong>Adrian</strong> then left,<br />
alone.<br />
134. ***** was also the appropriate adult for <strong>Adrian</strong> when he was<br />
interviewed about his allegation of rape.<br />
135. ***** did not provide a statement to the police as part of the rape<br />
investigation.<br />
<strong>Adrian</strong>’s 999 Call 7 January 2006<br />
136. At 02:59 hours on 7 January 2008, <strong>Adrian</strong> rang 999 from his mobile<br />
phone, *****. The incident log, 0138S 070106, records in the details<br />
“REPORTING ***** KNOWS SOMETHING ABOUT HIM – HE LIVES<br />
AT ***** (sic) CALLER SAYING THAT HE WILL BREAK INTO HIS<br />
FLAT & KILL SOMEONE IF POLICE DON’T DO SOMETHING.<br />
ADRIAN PALMER STATING THAT ***** HAS SHOTGUNS.<br />
ADRIAN STATES THAT HE IS ON PROBATION”<br />
137. The incident text, which is inputted by the controller as the<br />
discussion takes place, starts as follows: -<br />
138. “ADRIAN STATES THAT HE IS GETTING REVENGE ON *****<br />
WHO ALLEGEDLY RAPED HIM FOUR YEARS AGO.”<br />
139. In the call, it appears that <strong>Adrian</strong> gives details about himself and the<br />
location he is at, but discusses various incidents. At one point he<br />
talks about a landlord of a local Public House and that the police<br />
should be focussing on him.<br />
140. A nearby police unit is deployed to <strong>Adrian</strong>’s call and they find him at<br />
Redacted Version 27
*****<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
03:38 hours the same morning on Teme Street, Tenbury Wells. The<br />
police unit that attended consisted of ***** and *****<br />
141. ***** provided a statement to the IPCC. He said that he and *****<br />
responded to a request to attend a nuisance call. They attended<br />
Tenbury Wells as they were close by and found a person in Teme<br />
Street, who was <strong>Adrian</strong>.<br />
142. ***** describes <strong>Adrian</strong> as being dressed in dark clothing and ‘soaking<br />
wet’. ***** describes <strong>Adrian</strong> as being very drunk, unsteady on his<br />
feet, smelling of alcohol and slurring his words. He described <strong>Adrian</strong><br />
as ‘highly agitated and shouting and raving he was going to steal a<br />
fire engine’.<br />
143. Both ***** calmed <strong>Adrian</strong> down and once this happened took <strong>Adrian</strong><br />
home. ***** said that he spoke to both of <strong>Adrian</strong>’s grandparents and<br />
explained what had happened and to call the police if <strong>Adrian</strong> became<br />
agitated again.<br />
144. Around fifteen minutes later ***** received another call to return to<br />
<strong>Adrian</strong>’s house. ***** describes that when they returned, <strong>Adrian</strong> was<br />
a different person to whom they had dropped off earlier and<br />
describes him as abusive and aggressive. <strong>Adrian</strong> was then taken<br />
into custody.<br />
145. ***** says that throughout the journey to Worcester <strong>Police</strong> Station,<br />
the officers received constant abuse from <strong>Adrian</strong>, although he cannot<br />
recall exactly what was said. Once at custody in Worcester, <strong>Adrian</strong><br />
was booked in and ***** had no further dealings with him.<br />
146. ***** said that at no point was he told that <strong>Adrian</strong> had alleged he had<br />
been raped, and <strong>Adrian</strong> himself did not report it to him or *****<br />
Redacted Version 28
*****<br />
*****<br />
*****<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
147. ***** also provided a statement to the IPCC. ***** provided a similar<br />
account to that of *****<br />
148. ***** said that at no time was he made aware of an allegation of rape<br />
by <strong>Adrian</strong> or anyone else.<br />
149. ***** is recorded on the custody record as the custody Sergeant who<br />
authorised the detention of <strong>Adrian</strong>. ***** has said that he cannot<br />
remember the occasion when <strong>Adrian</strong> was brought into custody. *****<br />
has been shown a copy of the custody record, but this has not<br />
refreshed his memory of <strong>Adrian</strong> being in custody.<br />
150. The custody record makes reference to a comment from <strong>Adrian</strong> that<br />
the reason he ‘kicked off’ was because he was being blackmailed for<br />
sex. ***** was unaware of this comment and the investigation has<br />
not been able to identify what action was taken due to this comment.<br />
Neither can anybody be identified who can provide any further<br />
information on this.<br />
151. ***** provided a statement to the IPCC. ***** is currently a police<br />
sergeant and carried out the vulnerable witness interview with <strong>Adrian</strong><br />
on 12 January 2006.<br />
152. On 7 January 2006 at 13:12 hours ***** received an e-mail request<br />
from Officer A to conduct a vulnerable witness interview with <strong>Adrian</strong><br />
<strong>Palmer</strong> about his rape allegation.<br />
153. On 9 January 2006, ***** contacted <strong>Adrian</strong> by telephone and<br />
Redacted Version 29
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
discussed the interview and what would happen. She says that<br />
<strong>Adrian</strong> suggested his friend ****** would accompany him and he<br />
would be comfortable talking about the allegation in front of her.<br />
<strong>Adrian</strong> told ***** that he had a Social Worker, *****, but had not seen<br />
her for some time. Following speaking to <strong>Adrian</strong>, ***** spoke to *****<br />
has recorded on a vulnerable witness investigation log that ***** is<br />
happy for ***** to accompany <strong>Adrian</strong> to the interview. It is also<br />
recorded that <strong>Adrian</strong> has spoken to his grandmother in more detail<br />
now and it seems that this has happened on a number of occasions<br />
and that this may be the reason for <strong>Adrian</strong>’s aggression and drinking<br />
problems.<br />
154. On 11 January 2006, ***** left a message for ***** to contact ***** on<br />
her return. On the same day ***** also spoke to *****, <strong>Adrian</strong>’s<br />
Psychologist, about the best way to communicate with <strong>Adrian</strong> and<br />
<strong>Adrian</strong>’s level of understanding. ***** has recorded that due to<br />
Asperger’s Syndrome, <strong>Adrian</strong> may misunderstand euphemisms and<br />
metaphors and will need to be addressed using simple language.<br />
***** was also told that <strong>Adrian</strong> was reasonably articulate and<br />
understands the concept of truth and lies but may lack judgement of<br />
situations.<br />
155. On 12 January 2006, ***** conducted a vulnerable witness interview<br />
with <strong>Adrian</strong>, which was recorded on videotape. Following the<br />
interview, she contacted both ***** and Officer B to update them<br />
about the interview.<br />
156. On 23 January 2006, ***** had received two telephone messages<br />
from <strong>Adrian</strong>’s ***** asking for advice regarding <strong>Adrian</strong>’s safety. *****<br />
advised ***** that she would contact Officer A about this issue. *****<br />
spoke to Officer A on the same day, who said she would contact<br />
<strong>Adrian</strong> and his grandparents offering advice. ***** also contacted<br />
****** at Social Services and advised her of this as well.<br />
Redacted Version 30
*****<br />
*****<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
157. ***** had no further dealings with this incident or with <strong>Adrian</strong> after this<br />
date.<br />
158. ***** provided a statement to the IPCC. ***** is a social worker who<br />
was responsible for arranging support and managing the needs and<br />
developments for <strong>Adrian</strong>.<br />
159. ***** said that she first became aware of the allegation made by<br />
<strong>Adrian</strong> on 13 January 2006, when she returned from leave. *****<br />
was made aware of this by the Adult Protection Co-ordinator, *****,<br />
and also told that she would be contacted by the police.<br />
160. ***** said that she was contacted by ***** from West Mercia<br />
Constabulary, who asked about <strong>Adrian</strong>, his reliability and his<br />
character. ***** said she told ***** that <strong>Adrian</strong> would have difficulty<br />
making things up. ***** said that she had no further contact from<br />
West Mercia Constabulary about the rape allegation and was<br />
informed by ***** on 3 April 2006 that the case had been closed and<br />
no further action was being taken. ***** had asked ***** if there was<br />
anybody to talk to as she believed that there was more behind the<br />
incident than appeared.<br />
161. ***** arrested ***** on 26 January 2006. Following the arrest, *****<br />
took ***** to custody at Worcester <strong>Police</strong> Station.<br />
162. ***** said that the officer investigating the rape allegation was *****<br />
said that he believed his role to assist in securing evidence as<br />
quickly as possible to allow CID to take over the case at a later date<br />
as the allegation was a serious arrestable offence.<br />
Redacted Version 31
*****<br />
*****<br />
163. ***** had no further involvement in the rape investigation.<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
164. ***** interviewed ***** following his arrest, along with Officer A on 26<br />
January 2006.<br />
165. ***** was requested to assist Officer A by *****. He was aware that<br />
***** had already been arrested and the role he was given was to<br />
interview *****.<br />
166. Prior to the interview ***** met with Officer A in order to ascertain the<br />
circumstances of the allegation. ***** recalls that the evidence in the<br />
case was not strong and the allegation was based entirely on the<br />
complaint made by <strong>Adrian</strong>, this being from <strong>Adrian</strong>’s interview. (At the<br />
time of the interview of *****, the only information that was available<br />
was <strong>Adrian</strong>’s interview. Nothing else had been carried out).<br />
167. ***** sole involvement with the investigation was to conduct the<br />
interview. His involvement was only on 26 January 2006 and he had<br />
no further involvement in the case following this.<br />
168. Earlier in 2008, ***** contacted Officer A as he could not recall<br />
whether or not a medical examination had taken place in respect of<br />
<strong>Adrian</strong>. Officer A told him that she had been informed not to speak<br />
to anybody about the case, so he is still unaware. Officer A said in<br />
her interview, which will be covered later in more detail, that *****<br />
advised her not to have <strong>Adrian</strong> medically examined until CPS had<br />
provided further advice. ***** cannot recall advising Officer A in<br />
respect of a medical examination at the time of the interview.<br />
169. ***** was a Detective Sergeant at the time of the allegation made by<br />
Redacted Version 32
*****<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
<strong>Adrian</strong>. He has been spoken to by IPCC investigators but has not<br />
provided a statement due to his limited recollection.<br />
170. ***** cannot recall much about the rape investigation and has said<br />
that the only reason he recalls some was that he saw on the news<br />
after <strong>Adrian</strong> had been killed after a rape allegation had been made.<br />
171. ***** said that he can recall making a detective available for the<br />
interview and that the suspect accused of the rape was arrested,<br />
interviewed and then bailed. He recalls the file being sent to the<br />
Crown Prosecution Service but does not recall what happened<br />
thereafter.<br />
172. ***** has said the reason that his recollection is so poor is that his<br />
mind was focussed on personal issues at that time and not fully on<br />
the job.<br />
173. ***** was the Divisional Inspector with responsibility for Tenbury<br />
Wells. He has since retired from West Mercia Constabulary.<br />
174. ***** has been spoken to and originally agreed to provide a<br />
statement to the IPCC.<br />
175. When he was first spoken to, ***** informed IPCC investigators that<br />
he cannot recall an allegation of male rape being made by anybody<br />
within Tenbury Wells whilst he was an Inspector. He said that he<br />
took end of service leave and retired from West Mercia at the end of<br />
December 2005. This was prior to <strong>Adrian</strong> making any allegations of<br />
rape.<br />
176. ***** indicated that another Inspector would have been the divisional<br />
inspector at the time of this allegation.<br />
177. ***** asked if the allegation had been crimed. When he was<br />
Redacted Version 33
*****<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
informed that it had not been crimed, he said that this was the<br />
reason that he was not aware. He went on to say that had the<br />
incident been crimed a number of people would have been aware of<br />
the allegation made by <strong>Adrian</strong>, including the Divisional Commander<br />
and CID.<br />
178. ***** was further spoken to by IPCC Investigators in an attempt to<br />
obtain a witness statement from him. He was informed that minutes<br />
of meetings had been obtained that showed that he was still working<br />
within West Mercia Constabulary after the allegation was made by<br />
<strong>Adrian</strong> and also after an interview had taken place. ***** has not<br />
provided a statement to the IPCC. ***** retired from West Mercia<br />
Constabulary on 9 February 2006.<br />
179. ***** was the Senior Crown Prosecutor who liaised with Officer A<br />
about the rape file. She said that she had a lengthy meeting with<br />
Officer A discussing the case and then took away the file to consider<br />
further. At the time, ***** was acting as the pre-charge advice lawyer<br />
at Worcester <strong>Police</strong> Station when she spoke with Officer A.<br />
180. ***** was fully aware of <strong>Adrian</strong> having Asperger’s Syndrome and took<br />
this into consideration when making her decision. ***** role was to<br />
establish whether or not there was sufficient admissible evidence to<br />
have a realistic prospect of conviction.<br />
181. ***** says that she was concerned about the time frame given by<br />
<strong>Adrian</strong>. In his initial call to police she recalls he had said that the<br />
rape took place four years ago. In <strong>Adrian</strong>’s interview, he said that<br />
the rape took place four weeks ago. This was an issue as the time<br />
frame, in ***** view, needed to be narrowed down.<br />
182. Another issue that ***** had was in relation to <strong>Adrian</strong> not being able<br />
Redacted Version 34
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
to testify in the court case for the theft of the fire engine. She says<br />
that she was aware of a report commissioned by <strong>Adrian</strong>’s solicitors<br />
and they were contacted to provide a copy. She was told that she<br />
couldn’t have access until they had <strong>Adrian</strong>’s consent and she was<br />
told that it would be difficult for them to gain informed consent. *****<br />
did not obtain a copy of the report, but said that she made the<br />
ultimate decision that <strong>Adrian</strong> was not fit to appear in court.<br />
183. ***** also looked at whether there was any corroborative evidence<br />
obtained to support <strong>Adrian</strong>’s allegation. She said that there was no<br />
medical evidence to confirm any form of sexual assault. ***** said<br />
that the officer in the case (Officer A) tried very hard to obtain any<br />
form of corroborative evidence, but these avenues were negative.<br />
Some of the avenues that ***** made reference to were soiled<br />
underwear and or bedding, complaints about stomach aches or<br />
<strong>Adrian</strong> himself being withdrawn. ***** says that she believed that<br />
there was no police doctor examination of <strong>Adrian</strong> and she thought<br />
that was because of family concerns of putting him through this.<br />
184. ***** said that due to the lack of evidence it resulted in being <strong>Adrian</strong>’s<br />
word against ***** word and because of this, the decision was that<br />
there was no realistic prospect of conviction.<br />
185. ***** described Officer A as being totally committed to the<br />
investigation and had no concerns about her capabilities.<br />
West Mercia’s Serious Sexual Offences Policy<br />
186. West Mercia Constabulary had in place a Serious Sexual Offences<br />
policy which highlighted the procedure in which serious sexual<br />
offences should be investigated. The following areas are those that<br />
must be considered during the initial response: -<br />
• Preservation of life<br />
• Preservation of scene(s)<br />
Redacted Version 35
• Securing evidence (in particular forensic evidence)<br />
• Identification of victim(s) and witnesses<br />
• Identification of suspects.<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
187. The policy also states “Even if the allegation amounts to an historic<br />
complaint an immediate response is necessary.”<br />
188. At the earliest opportunity a Victim Contact Log must be initiated by<br />
the first officer assigned to the victim until the arrival of a SOLO.<br />
(Sexual Offences Liaison Officer)<br />
189. The victims immediate needs should be considered with sensitivity<br />
with regard to their age, gender, ethnicity/cultural background and, if<br />
known, sexual orientation.<br />
190. Officers should be mindful about use of terminology and depending<br />
on the wishes of the victim, it may be more appropriate to describe<br />
the incident as a serious sexual assault and avoid the word ‘rape’.<br />
191. Once the basic facts have been established the duty supervisor<br />
should be contacted immediately who will contact further resources<br />
as follows:<br />
• SOLO (Sexual Offences Liaison Officer)<br />
• On call Detective Sergeant<br />
192. Whilst the entire policy will not be rehearsed here, the following<br />
aspects are also covered “The identification and early arrest of the<br />
suspect must always remain a high priority” and “A medical<br />
examination of the victim must be conducted by a trained forensic<br />
medical examiner (FME) and must have the consent and co-<br />
operation of the victim.”<br />
Interview of Officer A<br />
193. Officer A was served with a Regulation 9 notice regarding her<br />
Redacted Version 36
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
involvement in <strong>Adrian</strong>’s rape allegation as the officer in the case.<br />
194. Officer A was interviewed under misconduct caution and said the<br />
following.<br />
195. At the time of the allegation, Officer A had been out of her<br />
probationary period for ten months, giving her a total service of just<br />
short of three years. She was based at Tenbury Wells <strong>Police</strong> Station<br />
and her role was that of a Beat Officer for the area.<br />
196. Officer A was aware that <strong>Adrian</strong> <strong>Palmer</strong> “had some issues” but it is<br />
clear that she did not understand Asperger’s syndrome and how it<br />
affected <strong>Adrian</strong>.<br />
197. On her arrival to work on 7 January 2006, around 08:00 hours,<br />
Officer A was met by Officer B, who informed her that they were<br />
going to collect <strong>Adrian</strong> from Worcester <strong>Police</strong> Station and discuss<br />
some allegations he made. The allegation was that <strong>Adrian</strong> had been<br />
raped, so Officer A took along with her a West Mercia Constabulary<br />
Victim Log for Serious Sexual Offences.<br />
198. Both Officer A and Officer B collected <strong>Adrian</strong> from Worcester <strong>Police</strong><br />
Station and returned him to his home address in Tenbury Wells,<br />
where he was spoken to in the presence of his grandmother. Officer<br />
A completed a Victim’s Sexual Offences Log. The interview was<br />
stopped and arrangements were made for <strong>Adrian</strong> to be interviewed<br />
by a specially trained person.<br />
199. Officer A arranged for ***** to conduct the interview with <strong>Adrian</strong> at<br />
the earliest opportunity. This interview took place on 12 January<br />
2006. Following this interview, Officer A waited for the transcripts of<br />
the interview to be sent to her, so that she could decide on what<br />
further lines of enquiry to follow.<br />
200. Officer A said that this type of allegation was usually investigated by<br />
Redacted Version 37
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
CID and she was aware that her Sergeant, Officer B, was attempting<br />
to pass the investigation to them. Officer A indicated that she felt out<br />
of her depth conducting this investigation but does comment that she<br />
received some support and advice from her sergeant.<br />
201. Once the transcript of the interview with <strong>Adrian</strong> was ready,<br />
arrangements were made to arrest *****. Officer A said that Officer B<br />
was still trying to pass the file to CID, and at this point CID provided<br />
one detective to assist in the interview of *****. Officer A was the<br />
second interviewer of ***** and she said how strange this was for<br />
her. Normally interviews of rape suspects are carried out by<br />
detectives and not uniformed officers, but she accepted the<br />
opportunity.<br />
202. Following the interview, Officer A said that ***** recommended that<br />
before any medical examination or forensic work is carried out in the<br />
investigation, CPS should be consulted for guidance. ***** said that<br />
this advice was provided in relation to budgetary restraints and to<br />
carry out the work if CPS said it was required.<br />
203. From the interviews of both <strong>Adrian</strong> and ***** had compiled a list of<br />
names of potential witnesses who could assist in the enquiry. Two<br />
statements were taken following the interview of *****, these being<br />
***** and *****.<br />
204. Officer A felt like she wasn’t getting the support she required from<br />
West Mercia. She raised this with Officer B, who she says was<br />
trying to assist but did not have the necessary skills or experience.<br />
Officer A decided to speak with CPS to identify what work they would<br />
require for the rape investigation.<br />
205. Officer A put together a file which she describes as being an advice<br />
file, with the purpose of discussing with CPS to establish an action<br />
plan of further lines of enquiry. Within the file were the statements<br />
mentioned above, the transcripts of both <strong>Adrian</strong> and ***** interviews,<br />
Redacted Version 38
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
call logs and a list of names that Officer A wrote up from both<br />
interviews. Officer A said that she met with ***** of the CPS with this<br />
intention in mind. Following the meeting Officer A said that ***** took<br />
the file away to consider further. Officer A believes this meeting took<br />
place at the beginning of February 2006.<br />
206. Officer A said that towards the beginning of the following month,<br />
March 2006, she received the file back as “NFA” which means no<br />
further action. She says she was surprised at this as she was<br />
expecting to receive an action plan of further work to be carried out.<br />
207. Officer A then submitted the incident to be closed.<br />
208. Officer A was asked about her knowledge of the Sexual Offences<br />
Policy. She said that she was not aware of this specific policy, but<br />
was aware that there policies relating to work areas. She had never<br />
heard of a SOLO (Sexual Offences Liaison Officer) and was not<br />
aware of the various procedures she could have carried out. In<br />
mitigation, Officer A said that she was an inexperienced officer who<br />
was dealing with the incident. She said that if she did not do the<br />
work on the file, nobody would have done anything.<br />
Interview of Officer B<br />
209. Officer B was interviewed under misconduct caution. Officer B had<br />
thirteen years service as a police officer when this incident took<br />
place.<br />
210. She broadly says the same as Officer A in respect of her<br />
involvement with <strong>Adrian</strong> <strong>Palmer</strong>, with some additions.<br />
211. Officer B said that she received a call from Worcester <strong>Police</strong> Station<br />
regarding <strong>Adrian</strong> and the allegation he had made asking someone to<br />
collect him from Worcester. Officer B cannot remember who made<br />
the call and this investigation has not been able to identify who has<br />
Redacted Version 39
made the call.<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
212. Officer B said that her and Officer A took <strong>Adrian</strong> home as his<br />
grandparents could not collect him. (***** has said that she does not<br />
recall any telephone calls asking her to collect <strong>Adrian</strong> from<br />
Worcester <strong>Police</strong> Station. She has said that if she were asked she<br />
would have been able to collect <strong>Adrian</strong> from Worcester and also that<br />
she would have been made aware of the rape allegation prior to the<br />
arrival of <strong>Adrian</strong> and the officers).<br />
213. Officer B said that she regularly tried to pass the investigation to CID<br />
at Worcester. She said that she liaised with *****, who returned the<br />
file to her and said that she could have one detective to assist in the<br />
interview, but the rest of the work should be carried out by her and<br />
the OIC. ***** said that CID in Worcester at the time ‘cherry picked’<br />
jobs that they got involved in and used the example of when <strong>Adrian</strong>’s<br />
body was found. When <strong>Adrian</strong>’s body was found Officer B said “You<br />
couldn’t move in Tenbury for CID”.<br />
214. Officer B said the frustration of CID not taking the investigation<br />
caused her to go to her Inspector at the time,*****. Officer B said she<br />
received a negative response from ***** and the impression she got<br />
was not to bother the inspector with issues as he was close to<br />
retirement.<br />
215. Officer B accepted she did not crime the incident and in hindsight<br />
would have done.<br />
Conclusion regarding Rape Investigation<br />
Officer A<br />
216. It is believed that you were the officer in the case for the rape<br />
investigation and you failed to conduct a thorough investigation prior<br />
Redacted Version 40
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
to submission of a case file to the Crown Prosecution Service.<br />
217. Substantiated<br />
218. The investigation recognises that Officer A was a relatively<br />
inexperienced officer at the time of the rape allegation and should<br />
not have been involved as the OIC in a serious criminal investigation.<br />
This investigation should have been carried out by CID.<br />
219. The investigation also recognises that if Officer A had not done what<br />
she had in relation to the investigation, nothing would have been<br />
done at all, albeit there was only a limited amount done.<br />
220. Officer A did not have to wait for the notes of the interview with<br />
<strong>Adrian</strong> from *****. Officer A could have had them immediately as<br />
they were ready after the interview or at the very least had them<br />
collected/sent to Tenbury Wells. There is no evidence to suggest<br />
Officer A quickly obtained this information, however there is evidence<br />
to show that Officer B was aware of the outcome of the interview<br />
within two hours of the interview finishing.<br />
221. What the investigation does not accept from the evidence obtained is<br />
Officer A’s dealings with CPS. Officer A submitted an advice file in<br />
relation the rape investigation with the intention of obtaining<br />
guidance from CPS of where to go next in the investigation. Officer<br />
A was aware that there were further lines of enquiry to be followed<br />
up prior to submitting a file to CPS, such as the lack of medical<br />
evidence or the potential witnesses named.<br />
222. Items were seized from ***** flat in relation to the allegation. This<br />
was bedding. The items were seized for possible forensic<br />
examination, however no forensic examination was carried out nor<br />
was there a forensic strategy in relation to these items.<br />
223. When CPS returned the file to Officer A “NFA” (no further action),<br />
Redacted Version 41
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
she should have further liaised with CPS to outline the areas that<br />
had not been covered within the investigation. CPS cites one of the<br />
reasons for taking no further action was the complete absence of any<br />
medical evidence. Officer A was fully aware that no medical<br />
examination had taken place in relation to <strong>Adrian</strong>. She could have at<br />
this opportunity discussed with CPS that no medical examination had<br />
taken place and organised for one to take place as soon as possible.<br />
Whilst it is accepted that a medical examination may not have<br />
provided any evidence to improve the prospect of conviction, the fact<br />
that it did not take place is a missed opportunity to gather potential<br />
evidence. The medical examination should have taken place as<br />
soon as possible after the allegation was made. This is a failing of<br />
Officer A.<br />
224. Again, where CPS make reference to no corroborative evidence to<br />
assist a prosecution for rape, there is no evidence that Officer A<br />
attempted to obtain this. No enquiries were made with family<br />
members in respect of <strong>Adrian</strong> and his behaviour in the lead up to his<br />
allegation. No enquiries were made about ***** background, other<br />
than obtaining some incident logs. The list of names that Officer A<br />
provided to CPS could have given further evidence to the rape<br />
investigation, either for or against a conviction. Of the eight people<br />
on the handwritten list, only two provided statements to the<br />
investigation, neither of whom gave evidence regarding a rape<br />
allegation. Other, more significant witnesses were listed, such as<br />
***** and *****. ***** was the first person that <strong>Adrian</strong> informed of the<br />
rape allegation. Had ***** been spoken to, she could have provided<br />
other names of whom <strong>Adrian</strong> had informed, such as *****. This is a<br />
failing of Officer A.<br />
225. The evidence provided by Officer A regarding her dealings with CPS<br />
is different to that provided by ***** of the CPS. *****, as discussed<br />
in her evidence, has said that she believed potential lines of enquiry<br />
Redacted Version 42
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
had been followed up by Officer A to no avail. Officer A, however,<br />
states that she is fully aware of lines of enquiry that have not been<br />
completed and that she submits an incomplete file to CPS.<br />
226. With the knowledge Officer A had regarding the incomplete lines of<br />
enquiry, she could have made the CPS aware that these had not<br />
been done. The rationale from CPS is very clear as to why no<br />
further action would be taken, however a number of points within the<br />
rationale (such as medical or corroborative evidence) had not been<br />
done to the knowledge of Officer A. Officer A could have discussed<br />
these issues with Officer B or other supervisors for further advice on<br />
what she should do.<br />
227. Again, with the knowledge Officer A had regarding incomplete lines<br />
of enquiry, the rape investigation file should not have been submitted<br />
to the Criminal Justice Unit until Officer A had sought further<br />
guidance from a supervisor.<br />
228. The <strong>Palmer</strong> family has raised with IPCC a concern as to what is<br />
Officer B<br />
recorded on the incident log when <strong>Adrian</strong> alleges he was raped. A<br />
query as to the record of “four years” could have been “for years”.<br />
This cannot be answered by this investigation as the original tapes of<br />
the call from <strong>Adrian</strong> are no longer available. Had the tapes been<br />
secured by Officer A as part of her investigation, then this matter<br />
may be able to be answered.<br />
229. It is believed that you were the supervising officer for the rape<br />
investigation conducted by Officer A and you failed to ensure that a<br />
thorough investigation was conducted as well as failing to ensure an<br />
appropriate file was passed to the Crown Prosecution Service.<br />
230. Substantiated.<br />
Redacted Version 43
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
231. Officer B had quite a substantial involvement with the allegation of<br />
rape made by <strong>Adrian</strong>. She was Officer A’s line manager and<br />
provided advice and guidance to Officer A throughout her<br />
involvement.<br />
232. The investigation has shown that Officer B made a conscious<br />
decision not to crime the allegation made by <strong>Adrian</strong>. The rationale at<br />
the time was that further enquiries were being made to ascertain<br />
whether a crime had been committed. This is a failing. An allegation<br />
had been made and at that point there was no evidence to suggest<br />
the crime had not taken place. The incident should have been<br />
crimed. Furthermore, once <strong>Adrian</strong> had been formally interviewed as<br />
a vulnerable witness he again discloses he has been raped. This is<br />
another point when the allegation could have been crimed. ***** was<br />
arrested on suspicion of male rape, but still the allegation has not<br />
been crimed by anybody. The incident should have been crimed<br />
when the allegation had been made, but even had it not been there<br />
were other points of the investigation that should have caused the<br />
incident to be crimed. In addition, Officer B had some involvement in<br />
an incident that took place on 16 April 2006, when <strong>Adrian</strong> informed<br />
police that he had inappropriately touched his sister. Social Services<br />
took on the case as they felt <strong>Adrian</strong> was confused rather than<br />
actually committing an offence, however the incident was crimed as<br />
a sexual assault.<br />
233. Officer B said that she attempted to get CID involved and was<br />
frustrated by their refusal to take on the rape case. She said that<br />
she tried to raise the issue with her then Inspector, *****, however he<br />
was not interested as he was due to retire. Officer B’s attempts at<br />
getting CID involved appear to start and end with speaking with *****<br />
and *****. She could have gone to any number of other more senior<br />
officers with her issues of CID, however there is no evidence to<br />
suggest she did and Officer B herself cannot provide any evidence to<br />
Redacted Version 44
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
this. Indeed, ***** himself commented that had the incident been<br />
crimed, ‘everybody’ would have been aware of the allegation from<br />
the Head of CID to the Divisional Commander.<br />
234. Officer B, being the supervisor of Officer A, should have ensured that<br />
***** arrest was carried out soon after the interview of <strong>Adrian</strong> <strong>Palmer</strong>.<br />
There was a delay of fourteen days between <strong>Adrian</strong> being<br />
interviewed and describing that he had been raped and ***** being<br />
arrested. During this fourteen days, ***** was aware of the allegation<br />
that <strong>Adrian</strong> had made and was waiting for police officers to arrest<br />
him. A greater priority should have been placed on the arrest of *****<br />
to ensure an effective and efficient investigation, as well as enabling<br />
best evidence to be obtained. In the two week period between the<br />
interview and the arrest, there is no evidence to suggest from Officer<br />
B (or Officer A) that the arrest could not have been carried out<br />
sooner. By that it is meant, they both worked during the period and<br />
have not produced evidence to show that an arrest could not be<br />
carried out, for example dealing with other enquiries.<br />
235. Officer B authorised the file that was passed to CPS. She signs the<br />
file off as the supervisor and allows it to go. This file is allowed to be<br />
sent to CPS when a number of lines of enquiry had not been<br />
followed up or actioned. Officer B could have directed Officer A to<br />
conduct the lines of enquiry prior to submission of the file or offered<br />
her further advice. The fact that the file was signed off by a<br />
supervisor also suggests that the file has been submitted to CPS for<br />
consideration rather than for advice.<br />
Criminal Investigation Department<br />
236. It would appear that CID was contacted soon after the initial<br />
allegation of rape was made by <strong>Adrian</strong> <strong>Palmer</strong>. *****s has accepted<br />
that he was aware of the incident, albeit his memory is not able to<br />
Redacted Version 45
furnish the investigation with sufficient detail.<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
237. An allegation of rape is a serious offence. It would only be correct<br />
that CID should have taken on the investigation themselves rather<br />
than leave it with a front line community police officer with no<br />
experience of serious sexual offence investigations. Indeed, West<br />
Mercia Constabulary’s Serious Sexual Offences Policy states that<br />
this matter is dealt with by CID.<br />
238. The provision of a detective to conduct the interview of the named<br />
suspect, *****, was inadequate to say the least. As commented by<br />
Officer A, if she had not done what she had in relation to this<br />
allegation and then nothing at all would have been done. Had the<br />
investigation been left with CID, then it is only hypothetical what<br />
would have actually been investigated.<br />
Further line of enquiry requested by West Mercia <strong>Police</strong> Federation<br />
239. On 16 June 2009 a meeting was held between West Mercia<br />
Constabulary <strong>Police</strong> Federation and the IPCC. At this meeting the<br />
content of the report was discussed and issues were raised by the<br />
Federation.<br />
240. The Federation voiced their concern that the report focussed on two<br />
officers for the issues surrounding the rape investigation and they felt<br />
that other officers would have been involved or aware of the<br />
allegation. A request was made that the IPCC liaised with ***** in<br />
the Information Management and Technology Department (IMTD) to<br />
carry out audit checks on the custody records and OIS incident logs<br />
relating to <strong>Adrian</strong> <strong>Palmer</strong>’s allegation.<br />
241. On 17 June 2009 *****, the Head of the IMTD was spoken to<br />
regarding the possibility of carrying out audit checks on specific<br />
documents. The records that were requested to be audited<br />
Redacted Version 46
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
consisted of OIS 0138S 070106 (incident log), custody record<br />
310150 for <strong>Adrian</strong> <strong>Palmer</strong> and custody record 311644 for *****. The<br />
request was made to cover all persons that accessed these records,<br />
with the possibility of further work once the initial audit had been<br />
carried out.<br />
242. On 2 July 2009, the results of the audit were sent to the IPCC. The<br />
specific timescale for the audit was between 7 January 2006 and 9<br />
March 2006, which coincided with the allegation date and the date<br />
that both <strong>Adrian</strong> and ***** were informed there would be no further<br />
action taken.<br />
OIS 0138S 070106<br />
243. The Command and Control log (OIS) was audited between the<br />
above mentioned dates. It should be noted that the OIS system itself<br />
does not have a separate audit trail; therefore anyone viewing the<br />
record through this system is not logged. The audit has viewed<br />
those that have accessed the incident log through the Force intranet<br />
browser and has shown that the incident log was accessed by *****<br />
on 27 January 2006. This is the day after ***** arrested*****. No<br />
other officer or civilian member of staff is shown as viewing the<br />
incident log.<br />
<strong>Adrian</strong> <strong>Palmer</strong>’s custody record 310150<br />
244. <strong>Adrian</strong> <strong>Palmer</strong>’s custody record shows that it has been accessed by<br />
two people, ***** and *****, both on 7 January 2006.<br />
245. ***** had not been spoken to as part of the investigation, however<br />
was once her name was identified contact was made. ***** was<br />
specifically asked about her knowledge of <strong>Adrian</strong> <strong>Palmer</strong> and also of<br />
the comments he made whilst in custody of <strong>Adrian</strong> being blackmailed<br />
for sex. ***** was on day shift on the day in question, starting at<br />
Redacted Version 47
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
08:30 hours. She was unaware of the blackmailed for sex comment<br />
as this has been recorded prior to her shift starting and she could not<br />
recognise the hand writing on the custody record.<br />
246. In relation to recalling dealing with <strong>Adrian</strong> <strong>Palmer</strong> at all whilst in<br />
custody, ***** could not remember <strong>Adrian</strong> at all.<br />
Allegations regarding threats made against <strong>Adrian</strong><br />
<strong>Palmer</strong><br />
247. The <strong>Palmer</strong> family allege that <strong>Adrian</strong> received a series of text<br />
messages and voicemail messages following him making an<br />
allegation of rape against *****.<br />
248. The alleged threats can be split into two distinct categories. Those<br />
received before 9 March 2006 and those received after 9 March<br />
2006. The significance of 9 March 2006 is that is when both <strong>Adrian</strong><br />
and ***** were notified that the rape investigation was not being<br />
taken any further.<br />
Threats prior to 9 March 2006<br />
249. Following <strong>Adrian</strong> and ***** fallout when in Wales, ***** returned to<br />
Tenbury Wells. The exact date of the fallout between the two cannot<br />
be ascertained, but it is acknowledged to be somewhere between 26<br />
January 2006 and 28 January 2006.<br />
250. On 28 th January 2006, ***** contacted West Mercia <strong>Police</strong> regarding<br />
an incident that took place between <strong>Adrian</strong> and *****. ***** speaks<br />
with Officer A and tells her that <strong>Adrian</strong> had tried to act out a scene<br />
from Eastenders with ***** and ***** has returned to Tenbury<br />
because of it. Accounts of this incident differ. ***** says that *****<br />
bought <strong>Adrian</strong> a bottle of vodka which led to him becoming drunk<br />
and tried to kiss *****. This caused the fallout. ***** says that the<br />
Redacted Version 48
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
incident was <strong>Adrian</strong> being drunk and pinning her to a wall and then<br />
walking her towards some stairs. ***** informed Officer A that *****<br />
has text <strong>Adrian</strong> today (28/01/2006) saying that she no longer<br />
supported <strong>Adrian</strong> and would support ***** regarding the rape<br />
allegation.<br />
251. ***** says that she understood the fallout between <strong>Adrian</strong> and ***** to<br />
be that ***** had got <strong>Adrian</strong> drunk. When <strong>Adrian</strong> was drunk, he then<br />
tried to kiss *****. ***** took offence at this and returned to Tenbury<br />
Wells.<br />
252. ***** gave a different account of why she returned to Tenbury Wells.<br />
She stated that <strong>Adrian</strong> had got extremely drunk and both her and<br />
*****, tried to put <strong>Adrian</strong> to bed. Whilst doing this, <strong>Adrian</strong> started to<br />
pretend he was ‘Johnny Allen’, who was a character in Eastenders at<br />
the time. <strong>Adrian</strong> allegedly pinned ***** against the wall of a bedroom<br />
and had to be restrained by ******. Due to this incident ***** returned<br />
to Tenbury Wells as <strong>Adrian</strong>’s actions had upset her.<br />
253. A further incident took place between <strong>Adrian</strong> and *****. This incident<br />
is believed to have taken place on the evening of 10 February 2006.<br />
254. <strong>Adrian</strong> was walking home from a night out in Tenbury Wells. As he<br />
was walking back to his home, a car containing ***** drove slowly<br />
along next to <strong>Adrian</strong>. ***** was shouting abuse at <strong>Adrian</strong>, throwing<br />
plastic bottles at him, sending text messages and at one point got<br />
out of the car and pushed <strong>Adrian</strong>. This information was provided by<br />
*****, as to what <strong>Adrian</strong> had told them.<br />
255. ***** has provided information to confirm this incident and she<br />
accepts that she was abusive towards <strong>Adrian</strong>, but states that she<br />
was not sorry for what she had done. She was not sorry because of<br />
what <strong>Adrian</strong> had done to her in Wales.<br />
256. The following morning, 11 February 2006, *****, went to Tenbury<br />
Redacted Version 49
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
Wells <strong>Police</strong> Station to make a complaint about the way in which<br />
<strong>Adrian</strong> had been treated. ***** was allocated to the incident. It<br />
should be noted that no record of the complaint can be found on<br />
West Mercia’s systems. The only record that has been found in<br />
relation to this is a pocket book entry of *****. Officer B, when<br />
interviewed, could only recall ***** visiting the police station and<br />
speaking to her in relation to social services, not making a complaint<br />
as to how <strong>Adrian</strong> had been dealt with the previous evening.<br />
257. On 11 February 2006, ***** views messages on both <strong>Adrian</strong>’s<br />
mobile-phone and ***** mobile-phone.<br />
258. ***** has only recorded some of the messages contained within<br />
<strong>Adrian</strong>’s phone. These are as follows: -<br />
259. “Ring me you fucking spastic”<br />
260. “Stop fucking bothering me”<br />
261. ***** also records that there are a number of other similar messages<br />
and that following advice from Officer B; he provides advice to both<br />
<strong>Adrian</strong> and ***** about texting each other.<br />
262. The advice provided to both ***** and <strong>Adrian</strong> appeared to have a<br />
result, as there do not appear to be any further calls about the<br />
telephone incidents between ***** and <strong>Adrian</strong>.<br />
Threats post 9 March 2006<br />
*****<br />
263. ***** states that sometime after CPS made the decision that they<br />
would take no further action, <strong>Adrian</strong> received a number of voicemail<br />
messages on his mobile phone. She says that all of the messages<br />
were threatening, but were disguised in some way. She can say that<br />
Redacted Version 50
*****<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
the messages were left by a male and there was a Welsh accent.<br />
She described the messages as having a crisp packet being rustled<br />
over the top of the voice, so that it was difficult to understand. *****<br />
described the accent of the voice as sounding Welsh. ***** stated<br />
that she heard all of the messages, the first two messages could not<br />
be understood and the following messages were the ones that could<br />
be understood: -<br />
264. “They don’t call me *****, they call me *****”<br />
265. “You’ve got a tight little arse; I’m going to shag it till it bleeds and<br />
bleeds.”<br />
266. “You’re dead”<br />
267. ***** has said that she recalls the first three messages as being sent<br />
on 10 th March 2006 and the last message was 23 rd March 2006.<br />
268. ***** said that ***** had heard the messages, along with ***** (A<br />
Women’s Aid Worker) and ***** (<strong>Adrian</strong>’s psychologist)<br />
269. ***** told the IPCC that whilst <strong>Adrian</strong> was staying with her in Wales,<br />
she heard a number of voicemail messages on his mobile phone.<br />
She describes the messages exactly as that of *****. ***** says that<br />
she was shocked by these messages. She heard these messages<br />
sometime in March 2006, but could not be sure. ***** said that her<br />
support worker, *****, visited on the day the messages were heard<br />
and ***** also listened to them.<br />
270. The statement that ***** provided to West Mercia Constabulary on 27<br />
June 2006 makes reference to the voicemail messages. This<br />
statement was provided just over one month after <strong>Adrian</strong>’s death and<br />
around three months after the voicemail messages were first heard.<br />
Redacted Version 51
*****<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
271. In the statement of 27 June 2006, ***** describes the voicemail<br />
messages differently to how they are now described. She described<br />
there being three messages. Also in this statement, Jeanette said<br />
she could not remember the content of the first two messages aside<br />
from them being threatening and abusive.<br />
272. Jeanette said that she could only recall the following comments from<br />
the third message: -<br />
273. “They don’t call me *****, they call *****” and “I’m with ***** and you<br />
better watch your back”.<br />
274. However, in the statement provided to the IPCC she can now say<br />
what all of the voice mails said verbatim.<br />
275. ***** also said that the text messages on <strong>Adrian</strong>’s phone were<br />
deleted, so that he could not respond to them. In her statement to<br />
West Mercia <strong>Police</strong> in June 2006 she said that she deleted the<br />
messages one night when <strong>Adrian</strong> went to bed. In the statement<br />
***** provided to the IPCC she said that her son, *****, deleted the<br />
messages.<br />
276. ******. He provided a statement to the IPCC.<br />
277. ***** recalls there being a number of text messages on <strong>Adrian</strong>’s<br />
mobile phone when <strong>Adrian</strong> was staying with ***** in Wales. He said<br />
there were around thirty messages and they were a mixture of text<br />
messages from family members, ***** and *****.<br />
278. ***** says that he cannot remember what the text messages said<br />
from ***** and *****, but said that they were threatening. ***** said<br />
that he tried to save the text messages but actually deleted them<br />
himself.<br />
Redacted Version 52
*****<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
279. ***** said that, whilst he was aware of there being voicemail<br />
messages on <strong>Adrian</strong>’s mobile phone, he did not listen to any of them<br />
himself.<br />
280. ***** and he starts his statement to the IPCC by explaining that *****.<br />
281. He states that in January 2006 <strong>Adrian</strong> was brought home by two<br />
police officers and alleged that ***** had raped him. ***** was not<br />
present at this time and was not present during any of the<br />
conversations with <strong>Adrian</strong> about the rape.<br />
282. ***** says that following the rape allegation <strong>Adrian</strong> received a<br />
number of vile text and voicemail messages, which he said were<br />
from ***** says the type of things that were in the texts but did not<br />
see any of the texts or hear any of the messages himself.<br />
283. ***** works for Women’s Aid and is a Support Co-ordinator. *****<br />
was one of the clients of *****.<br />
284. On 30 March 2006, ***** visited ***** as a regular appointment.<br />
<strong>Adrian</strong> was staying with ***** at the time. ***** recalls that when she<br />
arrived, ***** was quite stressed about something. ***** wanted *****<br />
to listen to some messages on <strong>Adrian</strong>’s mobile phone, which <strong>Adrian</strong><br />
agreed to.<br />
285. ***** listened to the messages and describes hearing three. All the<br />
messages were the same distorted muffled voice. ***** can say the<br />
voice was male but can't describe it any further than that as it was so<br />
distorted. ***** could not hear all of the messages only pick out bits<br />
of what was said. One message talked about anal sex and "I'm<br />
going to kill you". ***** general feeling about the messages was that<br />
they were disgusting and unpleasant.<br />
Redacted Version 53
*****<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
286. ***** only recalls listening to one other message on <strong>Adrian</strong>’s phone<br />
and that was from a female asking <strong>Adrian</strong> to stop texting her.<br />
287. ***** advised ***** to speak with the police about these messages<br />
and to take it further.<br />
288. ***** is a police officer employed by Gwent <strong>Police</strong>. On 31 March<br />
2006, ***** visited ***** regarding voicemail messages. This visit<br />
followed a call to Gwent <strong>Police</strong> by *****.<br />
289. On arrival at ***** house, ***** was told that <strong>Adrian</strong> <strong>Palmer</strong> had been<br />
receiving threatening messages on his mobile phone.<br />
290. ***** cannot remember how many messages in total there were. She<br />
remembers listening to at least one. It was very muffled and a bit<br />
threatening. She recalls that it was unclear what was being said and<br />
describes it as sounding like the music of the heavy metal band<br />
SLIPKNOT. ***** said she would have told them not to delete any<br />
messages or texts and to show them to any police officers that they<br />
reported to. ***** has made a comprehensive pocket note book entry<br />
in relation to this incident, however does not record what the<br />
voicemail messages actually said.<br />
291. ***** says that she was aware that Jeanette and <strong>Adrian</strong> were<br />
Officer C<br />
returning to Tenbury Wells, so advised them to make the police in<br />
Tenbury aware of the calls. There is no mention of knowledge of the<br />
rape allegation.<br />
292. On 1 April 2006, <strong>Adrian</strong> <strong>Palmer</strong> went to Tenbury Wells <strong>Police</strong> and<br />
reported the voicemail messages. Officer C visited <strong>Adrian</strong> and<br />
Redacted Version 54
*****<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
listened to the voicemail messages. Officer C has retired since the<br />
investigation started, prior to any interview being carried out. Officer<br />
C has declined to speak to the IPCC since his retirement. The IPCC<br />
had been informed that Officer C was due to retire in July 2008, so<br />
interviews were due to be set up for all officers in June 2008. When<br />
these interviews were set up it was identified that Officer C had<br />
already retired.<br />
293. The incident log shows that Officer C attended and he then updates<br />
the log on his return. The log is updated as saying “Voicemail<br />
messages are unintelligible. A Welsh accent can be made out.<br />
Advice given”.<br />
294. No further action is taken by Officer C in respect of this incident.<br />
295. Officer C provided a statement to the murder investigation regarding<br />
this incident and also gave evidence in court. His statement makes<br />
reference to what is recorded on the log. Whilst giving evidence in<br />
court, Officer C made reference to having dealt with ***** on a<br />
previous occasion where he had to restrain him. The <strong>Palmer</strong> family<br />
recall that Officer C said that he was told that the voicemail<br />
messages were from an unknown source, however this has been<br />
disputed.<br />
296. ***** is a Clinical Psychologist and had dealings with <strong>Adrian</strong> from<br />
April 2005.<br />
297. On 5 April 2006, ***** had an appointment with <strong>Adrian</strong> at <strong>Adrian</strong>’s<br />
home address. ***** was also present.<br />
298. ***** says that he heard two messages on <strong>Adrian</strong>’s mobile phone<br />
whilst he was there. He has recorded these calls in his notes as<br />
threatening/abusive calls.<br />
Redacted Version 55
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
299. ***** cannot recall the content of the voicemail messages. He<br />
describes the voice in the messages as sounding like it had been<br />
distorted by computer software. Dr Richens can recall that what was<br />
being said was clear and could be understood, however he has not<br />
noted what was said and can no longer recall them.<br />
Forensic Telecommunication Service<br />
*****<br />
300. <strong>Adrian</strong> had three mobile telephones, all of which were used at some<br />
point between January 2006 and May 2006. All of the mobile<br />
telephones have been forensically downloaded and their content<br />
examined.<br />
301. The results of the examination show no threatening or abusive text<br />
messages being sent or received during the period in question, that<br />
were retained within the phone and sim memory. Also, the download<br />
show no voicemail messages retained in the phone or sim memory.<br />
302. The forensic technician who conducted the download stated that it<br />
isn’t unusual for text messages and voice mail messages not to<br />
appear in forensic downloads. This is simply because they are no<br />
longer retained within the memory of the mobile phone. Mobile<br />
phones that are regularly used have their memory copied over by<br />
newer content. This means that older content disappears from the<br />
memory unless it were retrieved in some way earlier.<br />
303. ***** has provided the IPCC with his own mobile phone records that<br />
show fourteen text messages being sent from ***** phone to <strong>Adrian</strong>’s<br />
phone between 1 January 2006 and 24 April 2006. None of these<br />
messages have been recovered as part of the forensic downloads.<br />
Redacted Version 56
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
Background Information relating to both ***** and <strong>Adrian</strong> <strong>Palmer</strong><br />
304. Both ***** and <strong>Adrian</strong> <strong>Palmer</strong> both had prior dealings with the police<br />
relating to nuisance and/or threatening calls.<br />
305. Social Services records show that some time in 2004/5, <strong>Adrian</strong> was<br />
making numerous calls to a mobile number. These calls were<br />
reported to the police by the owner of the phone as they were<br />
disrupting his business. The calls were traced back to <strong>Adrian</strong>’s<br />
mobile telephone and he was spoken to about the calls. <strong>Adrian</strong><br />
admitted making the telephone calls and said that he did not know<br />
who he was calling; he picked a number at random and kept ringing<br />
it. <strong>Adrian</strong> said that this was a ‘joke’ and wrote a letter of apology to<br />
the owner of the phone. No further police action was taken.<br />
306. In December 2004, a ***** contacted West Mercia Constabulary due<br />
to a message being left on her son’s mobile telephone. The<br />
message said “I’m going to fuck up you and your family like I know<br />
how.” This took place after ***** stopped her ***** from associating<br />
with *****. ***** was given a Section 1 harassment warning regarding<br />
this incident.<br />
Conclusion pre 9 March 2006<br />
307. The threats that took place prior to 9 March 2006 appear to be<br />
regarding a falling out between <strong>Adrian</strong> <strong>Palmer</strong> and *****. The content<br />
of text messages both to and from each of them can be traced, and it<br />
has been accepted by ***** that it did take place.<br />
308. No evidence has been found to suggest that these messages were<br />
as a result of <strong>Adrian</strong>’s allegation against *****. There was police<br />
involvement regarding these messages and advice was provided to<br />
both parties. Following this police involvement, the text message<br />
threats and abuse between <strong>Adrian</strong> and ***** seemed to stop. The<br />
Redacted Version 57
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
advice provided to both ***** and <strong>Adrian</strong> appeared to have a result,<br />
as there do not appear to be any further calls about the telephone<br />
incidents between ***** and <strong>Adrian</strong>. In addition to the advice, *****<br />
spoke to both <strong>Adrian</strong> and ***** regarding the text messages.<br />
Conclusion post 9 March 2006<br />
309. The threats that allegedly took place following 9 March 2006 are a<br />
different matter. Although no messages in either voice or text form<br />
can be forensically obtained, it is accepted that <strong>Adrian</strong> did receive<br />
some messages on his mobile phone, due to the number and variety<br />
of people that listened to them in a short period of time.<br />
310. What cannot be evidenced is where the voice mail messages came<br />
from. ***** believe that the messages were sent by *****, however all<br />
others spoken to who had listened to them do not know who sent<br />
them.<br />
311. A significant issue in the identification of where the calls came from<br />
can be attributed to Officer C. Officer C himself listened to the<br />
messages. He has described them as unintelligible; however those<br />
who listened to them before and after both say that the messages<br />
could be understood.<br />
312. Had Officer C taken different action and seized the phone to submit<br />
for forensic analysis, then the person making the calls could have<br />
potentially been identified and further action taken.<br />
313. What should have happened in these circumstances were that the<br />
phone could have been seized for further examination and those<br />
who had heard the messages (at the point of Officer C being<br />
involved this would have been ***** and *****) being statemented.<br />
Also, due to the recent allegation made by <strong>Adrian</strong> against *****, it<br />
would not have been inappropriate to speak to ***** as well. In<br />
Redacted Version 58
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
addition to the recent history involving both <strong>Adrian</strong> and *****, due to<br />
the fact that ***** had been given a harassment warning for leaving<br />
threatening messages on somebody else’s phone, further work<br />
should have been undertaken by Officer C to establish who or where<br />
the messages were coming from.<br />
314. What the IPCC investigation cannot and will not say is that if the<br />
phone had been examined at the time of the alleged threats and<br />
investigated correctly, then <strong>Adrian</strong> would still be alive. It cannot be<br />
said at this time where the messages came from.<br />
West Mercia Constabulary’s Investigation into the death of <strong>Adrian</strong><br />
<strong>Palmer</strong>.<br />
315. The IPCC Investigation reviewed what consideration was given by<br />
the murder investigation into the allegations made by <strong>Adrian</strong> <strong>Palmer</strong><br />
in the months preceding his death.<br />
316. On 20 th May 2006, two officers brought Andrew <strong>Palmer</strong> home after<br />
he had found out that <strong>Adrian</strong> had been killed. When this information<br />
was passed to *****, she asked if it was ***** that had killed <strong>Adrian</strong>.<br />
The officers said that they could not say or didn’t know who had<br />
killed <strong>Adrian</strong>. The family feel that this is a significant point as they<br />
knew who had killed <strong>Adrian</strong> due to the previous dealings with *****.<br />
317. During the murder investigation, material was recovered relating to<br />
the rape and telephone threat allegations that <strong>Adrian</strong> <strong>Palmer</strong> had<br />
made. In addition to the material recovered that preceded <strong>Adrian</strong>’s<br />
death (such as the file passed to CPS for consideration), statements<br />
obtained as part of the murder investigation included aspects of the<br />
allegations where relevant.<br />
318. Following ***** arrest, he was interviewed at length in relation to<br />
<strong>Adrian</strong> <strong>Palmer</strong>’s death. During the interview, ***** was questioned<br />
Redacted Version 59
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
about the allegation that <strong>Adrian</strong> had made earlier in the year against<br />
*****. The rape allegation was covered in some detail as to what<br />
frame of mind that put ***** in. ***** mentioned that on the night that<br />
he killed <strong>Adrian</strong>, he discussed the rape allegation with <strong>Adrian</strong>. He<br />
said that he discussed it to try and find out why <strong>Adrian</strong> had made the<br />
allegation against him. ***** said that the allegation <strong>Adrian</strong> made<br />
about being raped upset and angered him, but not enough to kill<br />
<strong>Adrian</strong>. ***** said that he just wanted to warn <strong>Adrian</strong> off and to stop<br />
following him around. ***** said that he could not recall what was<br />
said that caused him to get angry and trip over <strong>Adrian</strong> before holding<br />
his neck. This area was probed in great detail by the interviewers,<br />
who challenged ***** on this to find out if this was the reason that<br />
***** killed <strong>Adrian</strong>, to stop <strong>Adrian</strong> from making allegations against<br />
***** and because of the stigma that was attached to *****. *****<br />
denied that he wanted to kill <strong>Adrian</strong> because of the rape allegation<br />
but accepted that it was being discussed prior to <strong>Adrian</strong>’s death.<br />
319. All of the material that was recovered by the murder investigation<br />
was brought to the attention of the CPS. The CPS lawyer was aware<br />
of all of the material which included the rape allegation and the<br />
telephone threats. The material was reviewed and there was<br />
considerable discussion between CPS and West Mercia<br />
Constabulary regarding all of the material that had been recovered.<br />
320. It would appear that the murder investigation team were aware of the<br />
previous allegations made by <strong>Adrian</strong> <strong>Palmer</strong> and of the impact they<br />
had in the murder investigation. This material was brought to the<br />
attention of the CPS during the murder investigation.<br />
321. CPS also acknowledged the previous incidents involving <strong>Adrian</strong><br />
<strong>Palmer</strong> and ***** and documentation has been seen which discusses<br />
these incidents as possible motives.<br />
Redacted Version 60
Overall Conclusion<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
322. The investigation carried out by the IPCC has shown a number of<br />
failures on the part of officers from West Mercia Constabulary in their<br />
dealings with <strong>Adrian</strong> <strong>Palmer</strong> and his allegations.<br />
323. Even though failings have been identified on the part of West Mercia<br />
Constabulary, the investigation cannot say if the rape investigation<br />
and reports of threats via mobile made were looked into correctly,<br />
then ***** would not have killed <strong>Adrian</strong> <strong>Palmer</strong> on 20 May 2006. It is<br />
accepted that ***** has said that prior to the incident that took place<br />
where ***** killed <strong>Adrian</strong>, they were discussing the rape allegation<br />
<strong>Adrian</strong> had made. This does show that ***** was still thinking about<br />
the allegation made by <strong>Adrian</strong>, but he said that it did not make him<br />
angry enough to kill <strong>Adrian</strong>.<br />
324. The action carried out in relation to the rape allegation made by<br />
<strong>Adrian</strong> <strong>Palmer</strong> does not amount to an investigation into the<br />
circumstances, as would be expected. If a more thorough<br />
investigation was carried out by West Mercia Constabulary into the<br />
rape allegation made by <strong>Adrian</strong>, the ultimate decision to charge is<br />
with the CPS. Even had the lines of enquiry been followed up by<br />
Officer A it cannot be said whether CPS would have advised to<br />
charge ***** and indeed prosecuted him.<br />
325. Likewise, had the telephone threats that were reported by <strong>Adrian</strong><br />
been investigated correctly, it cannot be said whether any further<br />
action would have been taken against anybody else.<br />
326. It is acknowledged that although what happened to <strong>Adrian</strong> was tragic<br />
and there were a number of failings by West Mercia <strong>Police</strong>, the<br />
investigation cannot say that these failings contributed to <strong>Adrian</strong>’s<br />
death.<br />
Redacted Version 61
Recommendations<br />
Recommendation 1<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
327. West Mercia Constabulary have a fairly robust Serious Sexual<br />
Offences policy and procedure, however the investigation has found<br />
that knowledge of the policy is limited.<br />
328. West Mercia Constabulary should raise the awareness of this policy,<br />
particularly for frontline staff who may be the first officer dealing with<br />
a serious sexual offence.<br />
Recommendation 2<br />
329. West Mercia Constabulary have a number of Sexual Offences<br />
Liaison Officers who receive specialist training to deal with victims of<br />
sexual assault, however the investigation has found that knowledge<br />
of these specialist staff is limited.<br />
330. West Mercia Constabulary should raise the awareness of and the<br />
profile of Sexual Offences Liaison Officers. Within this contact<br />
names and numbers should be available for frontline staff to utilise.<br />
Recommendation 3<br />
331. The investigation noted issues about serious crimes being dealt with<br />
by frontline uniformed officers and comments were made by officers<br />
that they believe this is still happening.<br />
332. West Mercia Constabulary to conduct a review of their live serious<br />
crimes to ascertain that appropriate resources are allocated to deal<br />
with the crimes.<br />
Redacted Version 62
Recommendation 4<br />
Mr <strong>Adrian</strong> James <strong>Palmer</strong><br />
333. The investigation noted that some incidents were reported in person<br />
at a police station; although no record of these reports could be<br />
found (they have been corroborated from other sources).<br />
334. West Mercia Constabulary to review the policy and procedure, as<br />
well as compliance, regarding the recording of incidents in person at<br />
police stations.<br />
Recommendation 5<br />
335. The investigation noted that there was limited contact between West<br />
Mercia Constabulary and interested agencies regarding <strong>Adrian</strong><br />
<strong>Palmer</strong> when he alleged he had been raped.<br />
336. West Mercia Constabulary should review the working level<br />
agreements between partner agencies when dealing with vulnerable<br />
persons.<br />
Recommendation 6<br />
337. The investigation noted that West Mercia Constabulary works in<br />
partnership with autism.west midlands regarding Autism Spectrum<br />
Disorders and that there is an “Attention Card” available for sufferers<br />
of Autism Spectrum Disorder to use with both emergency services<br />
and Criminal Justice workers.<br />
338. West Mercia Constabulary to raise the awareness of this scheme<br />
with frontline officers, so that officers themselves can identify<br />
vulnerable people within the community who may benefit.<br />
Greg Rielly<br />
Investigator, IPCC<br />
Redacted Version 63