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Adrian Palmer - Independent Police Complaints Commission

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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 />

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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 />

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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 />

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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 />

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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 />

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*****<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 />

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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 />

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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 />

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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 />

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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 />

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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 />

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