Evidence lost as police miss CCTV
10:30, 20 November 2009
updated: 10:30, 20 November 2009
Police have been criticised by a coroner for failing to obtain CCTV footage of a man who collapsed and died.
The film at Fern Court hostel for the homeless in Leyburne Road, Dover, would have been stored for only 18 days and police did not ask for it until eight months later.
Coroner Rachel Redman told an inquest at Ashford last Thursday: “The CCTV was not seized, the evidence has been lost.
“I am trying to fill in gaps. I am finding that difficult to do because of the somewhat limited investigation by Kent Police. I feel opportunities have been missed to present me with all the evidence.”
Gene Kelly, 31, fell unconscious in the garden of the hostel on February 21, 2008. He died at Ashford’s William Harvey Hospital the next morning.
The primary cause of death was hypothermia.
A post mortem found that a contributory factor was an intake of alcohol, cocaine, morphine and a prescription painkiller called tramadol.
Gene Kelly’s father Peter criticised the police investigation into the death of his son, as well as hostel staff and management.
Peter Kelly, 67, said after the hearing that he thought the coroner did a good job in exposing the investigation by the police.
He is writing a letter of complaint to Porchlight, the charity that runs Fern Court.
Roger Jarrett, the centre service manager, said the premises had 12 CCTV cameras.
Det Sgt Matthew Lavender told the inquest he had visited the hostel twice on the day of the incident.
He went first after the ambulance was called out and a second time to bring staff and resident witnesses to Dover police station for statements.
Det Sgt Lavender said he did not see outdoor cameras in the dark and added: “If I had realised there were cameras I would have asked for CCTV. It is something I missed.”
Mr Kelly, who lived in Staines, Middlesex, had previously lived at the hostel.
He was visiting a friend, Jason Roylance, but he was not allowed in the flat alone when Mr Roylance went out.
Instead he stayed out in the garden and was monitored by staff every 15 to 20 minutes.
Mrs Redman said there were other problems with the evidence. For instance, discrepancies in witness statements had not been detected so there were clashes over which staff checked on Mr Kelly and when.
No CCTV meant it couldn’t be confirmed whether Mr Kelly had a warm enough jacket while outside and witnesses clashed over whether it was cold or warm for that time of year.
Nurses had also refused to let police have blood samples after Mr Kelly was admitted and he died more than 10 hours later.
Mrs Redman concluded with a narrative verdict, summing up where and when he was taken ill and died and the cause of death.
Full story and reaction in this week's Dover Mercury.