DPP's legal review of Robbie's case: Will Powell blog

24 July 2015

DPP's legal review of Robbie's case: Will Powell blog

The long awaited Director of Prosecutions’ ‘legal review’ of the previous CPS’s decisions in the Robbie Powell case.

It is 25 years and 3 months since Robbie's negligent death [17th April 1990], 2 years and 4 months since Jonathan Evans MP's adjournment debate, which you can access at:

https://docs.google.com/viewer?a=v&pid=sites&srcid=ZGVmYXVsdGRvbWFpbnxyb2JiaWVzbGF3dHJ1c3QwMHxneDozNzY1ZWQ4MzI3ZDc2NTY4

You will note that the March 2013 adjournment debate severely criticises the former Director of Public Prosecutions and the CPS for misrepresentations regarding Robbie's case, which took place back in the mid 1990s. It is also 9 months since the current Director of Public Prosecutions agreed to conduct a 'legal review' and yet, unbelievably, the CPS has not even prepared a list of documents to be disclosed to the appointed QC, Mr Mark Heywood.

In March 2003 CPS York agreed that there was sufficient evidence to prosecute 2 GPs and a medical secretary for forgery and attempting to pervert the course of justice. Notwithstanding there is no statute of limitation [time limit] regarding criminal prosecutions [established most recently by the several prosecutions of historic child sex abuse going back many decades] the CPS refused to prosecute the alleged criminals in Robbie's case because of:

1.  The passage of time [13 years];

2.  The failure of Dyfed-Powys Police and CPS Wales to recognise and appropriately assess the available evidence of criminality between 1994 & 2000, which I formally submitted to them in March 1994. NB: The same evidence subsequently resulted in 35 suggested charges when investigated by a DCI from West Midlands Police between 2000 and 2002; and

3.  Because the then Head of CID, at Dyfed Powys Police who, by the way, retained the alleged perpetrators as police surgeons, had written to the doctors' solicitor, in May 1996, giving them immunity from prosecution.  Please note the police do not have the gift of immunity as it is placed with the Director of Public Prosecutions and/or the Attorney General.

Furthermore, immunity from prosecution is not intended for police and CPS associates and/or friends. It is intended for perpetrators that assist the Crown in the prosecution of more serious crimes.

The First Minister of the Welsh Assembly Government expressed public concern about the immunity given in Robbie’s case in the following interview he gave to the documentary series ‘Wales This Week’

https://www.youtube.com/watch?v=ESWzyUQKOnE

Also in 2003 a Crown Prosecutor is alleged to have covered up my serious complaints against CPS Wales. When I challenged the alleged whitewash the then Director of Public Prosecutions, Sir David Calvert-Smith QC, stated in a letter that any further correspondence regarding my complaints against the CPS would be filed without response. Please see:

https://docs.google.com/viewer?a=v&pid=sites&srcid=ZGVmYXVsdGRvbWFpbnxyb2JiaWVzbGF3dHJ1c3QwMHxneDphNDY5NzhkYjI4MThmYTE

13 years on it has been accepted, by the current Director, Alison Saunders, without additional evidence, that there needs to be a ‘legal review’ which, in my view, highlights the contempt that the former Directors and the CPS has had for Robbie's life and me as his representative.

Will Robbie and my family ever be treated as victims of crime or will the contempt for our son's life continue?

You can access the Western Mail’s recent newspaper article a ‘Father's despair at delays in CPS review into son Robbie Powell's death 25 years ago’ at:

http://www.walesonline.co.uk/news/wales-news/fathers-despair-delays-cps-review-9682318

Will Powell

NHS Advisor for Mistreatment.com