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David Fuller: Families of victims left with "huge dilemma" after High Court rejects legal challenge against government

05:00, 12 April 2022

updated: 09:33, 12 April 2022

The families of victims abused by murderer and necrophiliac David Fuller have been left with a "huge dilemma" after the High Court rejected their calls for a public inquiry, their lawyers have said.

Depraved Fuller, 67, sexually abused more than 100 corpses across Kent mortuaries while working as an electrician.

Tania Mackelden, pictured with son Tom, died in 2017 and was one of David Fuller's victims
Tania Mackelden, pictured with son Tom, died in 2017 and was one of David Fuller's victims

Now, after applying for a Judicial Review over plans for a non-statutory inquiry into his heinous crimes, families of his victims have been dealt another blow, after it was rejected.

Tom Mackelden's mother Tania, who died in February 2017, aged 48, after her breast cancer spread around her body, was one of Fuller's victims.

The young Coxheath man was left needing counselling after two police officers came to his home in October and told him horrifying news.

He's described the decision to reject a Judicial Review as "surprising" and claims he's not heard a thing from Maidstone and Tunbridge Wells NHS Trust or the inquiry chairman Sir Jonathan Michael, who himself said he was initially hesitant about taking on the role.

"It doesn't make sense or seem particularly fair to me for an ex-NHS employee to lead the inquiry," the 24-year-old said.

Sir Jonathan Michael will lead the David Fuller inquiry
Sir Jonathan Michael will lead the David Fuller inquiry

"Without a public inquiry things that aren't common knowledge could get swept under the carpet."

Mr Mackleden, who launched the Tania Mackelden Foundation in his mum's name at the weekend, has called for the NHS Trust and others to take accountability.

He added: "Someone should be saying okay, this happened for more than a decade under our watch, we held our hands up, but it seems they've done everything in their power to avoid any blame - it's ludicrous.

"Fuller is obviously the main culprit without a doubt, but he was able to operate in areas for so long without getting caught.

"If it wasn't for being caught and convicted for the murders of Caroline Pierce and Wendy Knell he would still be doing this.

"Even if he just had the sex abuse sentencing for his crimes he would be out in six years, walking the streets while I start a family."

The loving son says he has been left "disgusted" after not being contacted by the NHS Trust, adding: "I don't like to sit here and slate the NHS for all the good they've done, but they've not done enough.

"I've had no contact from them and I won't be surprised if it stays that way.

Monster David Fuller was locked up for murdering two women and sexually abusing more than 100 corpses at Kent mortuaries. Picture: Kent Police
Monster David Fuller was locked up for murdering two women and sexually abusing more than 100 corpses at Kent mortuaries. Picture: Kent Police

"At the beginning they promised a lot, and said would families wanted to hear, but have no intention on delivering on that, which is disgusting.

"They are amazing for what they do, but they've made a mistake on how they're dealing with things. It hurts us families, and someone needs to be held accountable."

Sallie Booth, from Irwin Mitchell, who is representing 18 families including Nevres Kemal, whose daughter Azra was one of Fuller's victims after she tragically died after falling from the A21 in Tonbridge, says they have a "mountain to climb" to try and get a public inquiry.

She said the families have been left disappointed after their application was rejected by the High Court, but revealed they are going through the process of applying for a review so they can give their own oral arguments.

They have serious concerns around the non-statutory and inquiry chairman's Sir Jonathan Michael's previous history in NHS Trusts and the fact he was previously appointed by Maidstone and Tunbridge Wells NHS trust to investigate the incident internally, before he was chosen to head up the inquiry.

Ms Booth has also questioned how Sir Michael intends to get Fuller to take part in the inquiry and engage.

She said: "We are very disappointed by the outcome, but it now leaves a big dilemma for the families about how to engage with the inquiry.

"They will be in a tricky situation about whether to engage with it or not.

David Fuller sexually abused and assaulted more than 100 bodies at Kent hospitals while he worked as an engineer. Picture: Kent Police
David Fuller sexually abused and assaulted more than 100 bodies at Kent hospitals while he worked as an engineer. Picture: Kent Police

"They'll be concerned if they do engage that it may come across they think the arrangements are fine, when they're not happy with them. We have advised them to engage but make clear they aren't happy with the constitution of the non-statutory inquiry.

"They've not had much information about the inquiry - who Sir Michael is intending to call as witnesses etc.

"A lot of the families attending won't have legal representation, so it will be them as lay individuals – contrasted with the Trust and Fuller's employers who do have legal representation. It's just one disappointment after another for them.

"I think it has reopened their grief and in the most horrific way."

Tunbridge Wells MP Greg Clark commented: “I, alongside other Kent MPs, pressed for a public inquiry into how Fuller could have committed his crimes and that public inquiry is now underway. I am confident that the inquiry chair, Sir Jonathan Michael, and his team will conduct their work exhaustively and unflinchingly.

“The inquiry has already begun speaking to families of victims and I look forward to reading its conclusions and recommendations.

"Nothing can undo the appalling harm caused by Fuller but it is vital that these crimes can never be allowed to happen again”

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