Body found in cement mixer to be exhumed in new police probe

 
John Dunne @jhdunne15 March 2013
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The body of a man found dead in a cement mixer lorry a decade ago is to be exhumed because police believe he may have been murdered.

The original investigation found Lee Balkwell died in an industrial accident on an Upminster farm in 2002 but the probe has been reopened and detectives are seeking new forensic clues.

Essex police closed the initial case after 19 days but Mr Balkwell’s family maintain the father of one, 33, who died with multiple injuries, was murdered.

An Independent Police Complaints Commission report released in January last year found the original investigation was “seriously flawed”. The commission brought in West Midlands police to review the probe and the force recommended exhuming the body.

Mr Balkwell’s father Les, 66, said: “It has been a great shock for my wife, my son, my daughter and me. The exhumation of Lee is not something any of the family wants but it is something we ardently believe is necessary in order to get to the truth.

“Nearly 11 years have passed since Lee died which means a lot of evidence will have been lost. I am angry. There have been years of missed opportunities to get to the truth of what happened to my son.” The reinvestigation is being carried out by the Kent and Essex serious crime directorate, which hopes items buried with Mr Balkwell could provide new clues.

The exhumation at Upminster

Cemetery follows the re-examination by senior Home Office pathologist Dr Ben Swift of the original post-mortem findings. The inquest in 2008 ruled Mr Balkwell, of Elm Park in Essex, was unlawfully killed as a result of gross negligence manslaughter. The inquest heard he was working in a lorry which had broken down and was using a drill to remove the concrete inside when he became trapped.

The Balkwell family have also filed a High Court claim against Essex police over the original investigation. Simon McKay, solicitor advocate for Les Balkwell, said the claim is based on human rights legislation which says state authorities are obligated to hold effective and independent investigations into deaths. The serious crime directorate said: “Officers intend to carry out an exhumation of the body of Lee Balkwell as part of the ongoing search for the truth regarding his death.

“The investigation team acknowledges the sensitivities of conducting such a line of enquiry and will remain in close contact with the next of kin and family during the preparation and planning of this process.”

Five people were arrested in connection with the reopened investigation in November last year. They have been released on bail until April.

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