Update zur PetitionCarol's Law - Police and Coroner’s Office have to inform a family of death of relative
Coroner's and Police still refuse to release key witness testimony about Carol's death

David FelsteadStockport, ENG, Regno Unito
22 mag 2016
On the 19th December 2014 at the High Court In London I successfully applied and overturned the original inquest verdict into my sister Carol's death. The original inquest was quashed. The case was heard before two High Court Judges, the Honourable Mr Justice Ouseley and His Honour Judge Peter Thornton QC, Chief Coroner for England and Wales.
The original inquest was deeply flawed due to the serious omission of a key witness - Dr Fisher.
The specific grounds for the quashing of the original inquest and the reasons for the High Court ordering a fresh inquest were as follows:
'The reason which the parties agree justifies a fresh inquest is that the first inquest did not consider the circumstances of Dr Fisher's emergency call and/or Dr Fisher's involvement with the Deceased in the period around her death. In particular, the emergency call records indicate (a) that Dr Fisher had reason to suspect that the Deceased had taken an overdose and (b) that she expected the Deceased to be found in her bedroom. At the lowest, these records suggest that Dr Fisher had knowledge of the mood and behaviour of the Deceased which could be relevant to an investigation into her death. They also raise proper questions as to whether Dr Fisher actually knew or believed that the Deceased intended to take or had taken an overdose.'
On the 9th September 2015, Dr Fisher gave her testimony in regards to Carol's death in an interview with the Metropolitan Police.
The interview with Dr Fisher took place over several hours and her statement consisted of approximately 106 pages. This statement was made by Dr Fisher in the full knowledge that all of the content might be read out in its entirety, in public.
Following Pre Inquest Review Hearings in the Royal Courts of Justice in March, June and September 2015, the fresh inquest took place on 30 September 2015, also at the Royal Courts of Justice. The inquest returned an Open Verdict and the exact cause of Carol's death still remains unknown.
At the inquest, approximately 87 pages of this 106 page statement was redacted by the Coroner, as in her opinion it was outside the remit of the inquest. In the 19 pages of Dr Fisher’s statement that was submitted to the court, most of which was partially redacted, Dr Fisher made a number of statements that are demonstrably false.
On the 16th January 2016, I submitted a Freedom of Information Request to the Metropolitan Police on behalf of my family as justifiably we want to know the full extent of Dr Fisher's involvement in Carol's life. This statement is directly about the circumstances of Carol's death. My family believe that morally and legally we are entitled to see the full testimony of Dr Fisher.
The following statement was sent to the Metropolitan Police:
When you consider your decision I would like you to please take into account that my family have had to wait ten years to overturn the inquest into my sister's death at the High Court in London and hear Dr Fisher's testimony.
Given the fact that the new inquest was mandated by two High Court Judges at the High Court - The Hon Mr Duncan Ouseley and Peter Thornton QC Chief Coroner for England and Wales, sitting at the Royal Courts of Justice in London, solely because Dr Fisher had not given evidence at the original inquest, we are astonished that in the fresh inquest we have not been allowed to read Dr Fisher's full statement. My family and I believe that if we are not allowed access to this 106 page statement it makes a complete mockery of the inquest process, and quite rightly we need to seriously start considering that Dr Fisher is above the law.
When The Hon Mr Duncan Ouseley and Peter Thornton QC Chief Coroner for England and Wales quashed the original inquest, and ordered that a fresh inquest take place specifically so that Dr Fisher could give her testimony, we are sure that their intention was not for 87 pages of a 106 page statement to be kept secret from my family.
On the 3rd February 2016 I received a refusal from the Metropolitan Police, who state that it is not in the public interest to give my family a copy of this statement, which normally would be given without resistance to any other bereaved family,
In January 2016, I also submitted a Freedom of Information Request and Data Protection Requests from each member of my immediate family to the Coroner in regards to the 106 page statement made by Dr Fisher.
The Coroner refused in writing to supply any of the information. I then submitted an official complaint against the Coroner to the Information Commissioner’s Office (ICO), stating that the Coroner was in breach of the Data Protection Act 1998. The ICO upheld my complaint and the ICO wrote to the Coroner to ask that she provide all information requested by the family in our Subject Access Requests (SARs).
The Case Officer from the ICO advised the Coroner that she should prioritise my family's SARs and respond to them as soon as possible. The ICO has also recommended to the Coroner that she provide an expected timescale for responding to the SARs.
To date, I have received no response at all from the Coroner.
On the 1st April 2016, I wrote a letter sent by recorded delivery to the Head of Legal and Democratic Services at Westminster City Council - (signed for on the 4th April 2016), who has previously acted as the legal representative of the Coroner. He was made completely aware of the ruling of the ICO, a copy of the ICO letter was sent to him, he was also made fully aware that the Coroner had been requested to prioritise our SARs and provide a timescale for responding to the SARs. I have received no response at all from the Head of Legal and Democratic Services.
On 15th April 2016, I sent a detailed email to another member of the Coroner's legal team. Again I have received no response at all.
It has now become necessary to escalate matters. This I have done by writing an extensive detailed letter to the ICO and asking the Case Officer to intervene. I strongly believe that this statement contains crucial factual information in regards to my sister Carol's death,
The original inquest was overturned at the High Court specifically so that Dr Fisher could give her testimony in regards to my sister Carol’s death. My family and I want the same as any family would want, we want to know the truth of how my sister Carol died. It is outrageous that the Police and Coroner’s Office refuse to reveal Dr Fisher’s full testimony to my family, while the cause of Carol’s death is still not known 11 years after she died. My family and I want to know exactly what is in Dr Fisher’s statement about Carol’s death that the Police and Coroner are so desperate to conceal.
The circumstances of Carol’s death are absolutely and utterly appalling and completely avoidable. If my family had been notified of Carol’s death when she died, the resulting nightmare for my family which has lasted over 11 years and is ongoing, could never have happened. Please help me to change the law so that when a person dies and the Police and Coroner's Office know there is a family they have to notify the family immediately. I would be very grateful if everyone could please sign the petition for 'Carol's Law' and share on Facebook and other social media.
Kind Regards
David Felstead.
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