Graham Fitzgerald loses home after being arrested over death of Steve Berry in Chatham
00:01, 27 February 2016
A man who was arrested on suspicion of killing his neighbour lost his home after housing benefit was not paid while he was on bail.
Graham Fitzgerald was evicted and is now in temporary accommodation for homeless people waiting for a new home to become available.
Mr Fitzgerald found the body of his next-door neighbour, Steve Berry, at his home in Kinross Close, Chatham, in July last year.
Mr Fitzgerald, who was friendly with Mr Berry, 59, called the police. He was then arrested, taken into custody and questioned for three days by detectives before being released on bail pending further inquiries.
As a condition of his bail, he was not allowed to return to Kinross Close so he went to Medway Council to tell them he had nowhere to live.
Mr Fitzgerald, 47, said: “I was told that in exceptional circumstances, because I am entitled to housing benefit, I could get rent paid for my temporary accommodation and my flat.”
That’s what he thought was happening but his landlord, mhs homes, took him to court for non-payment of rent.
It took until the end of January this year for police to release Mr Fitzgerald without charge and confirm he was no longer a suspect.
However, by this time it was too late for him to return to his flat as mhs homes had already evicted him.
Mr Fitzgerald said: “To say the last six months have been the most traumatic of my life is an understatement.
“I’ve been in limbo for six months. It’s been hell and I’ve lost my home and have to live in a homeless hostel through no fault of my own.
“All I did was dial 999 when I found my neighbour.
“My life came to a stop that day and it’s not moved on in the past six months.”
Medway Council said Mr Fitzgerald did not tell them he needed his housing benefit paid at both addresses, but he refutes this.
He added: “I showed the housing officer a letter from police confirming my bail conditions and that I could not return to the flat.
A Medway Council spokesman said: “The council received notification from Mr Fitzgerald that he required housing benefit at his address, however he did not advise that he required housing benefit for a secondary address – as such, no further benefit would be due.
“No further inquiries regarding this matter have been received from Mr Fitzgerald.
“As soon as we are able to establish the full facts of this case we will of course work with the customer and MHS Homes to seek a satisfactory outcome for Mr Fitzgerald.”
Gary Clark, operations director at mhs homes, said: “We have been in contact with Mr Fitzgerald and apologised for some of the difficulties he has faced to date.
“We are working closely with Mr Fitzgerald and our partners Medway Council to find him permanent and settled accommodation as soon as possible in addition to coming to an arrangement on the historical debt.”
A 28-year-old woman, of no fixed address, and a 29-year-old Rochester man arrested on suspicion of murder have had their bail extended until April 20.
Police also revealed in January they had arrested a 26-year-old woman in September, on suspicion of perverting the course of justice and she too has been bailed to the same date.
Mr Fitzgerald said he is also upset that the police still have some of his belongings despite him being released without charge.
He added: "They still have some clothing, a watch, some tools and a ring and I want them back. They (the officers) took my mobile phone when I was arrested and when it was returned to me, it was broken and I had to get it repaired at a cost to myself.
Since the Medway Messenger asked police about Mr Fitzgerald’s concerns, some of his belongings have been returned to him.
A spokesman for Kent Police said: “During any investigation, police will follow all lines of enquiries presented to them in order to identify and eliminate suspects.
“One method available is forensics and sometimes property is seized and submitted externally for forensic analysis.
Once it has been established that the property is no longer required, it is returned to police and subsequently to the owner.
“On 3 February 2016 a senior investigating officer met with the man at a local police station to explain police actions, address any concerns he had and to return some of his property.
The remaining items will be handed back to the man when they have been returned to police from the laboratory.
“Prior to this meeting Kent Police received a complaint that some items of property had not been returned.
The complaint, which was made on 6 January 2016, is currently being looked into.
“Kent Police has contacted the complainant throughout this process and will continue to update them.
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