Killamarsh murders: Inquest to examine failings over quadruple killer

Terri Harris (bottom left) and her children John Bennett (top left) and Lacey Bennett (bottom right) were killed along with Lacey's friend Connie Gent (top right)

An inquest will be held to examine wider issues around how a man murdered a mother and three children after being given a suspended prison sentence.

Damien Bendall killed his pregnant partner Terri Harris and her two children, along with another child, at a home in Killamarsh in Derbyshire.

A review into how he was assessed and managed by probation officers found failings "at every stage".

However, the inquest will also look at issues beyond this.

"There is potential for the inquest to be led by the probation report," coroner Peter Nieto said.

"I want to avoid the inquest simply being a re-run of the report."

Mr Nieto was speaking at a pre-inquest review, held at Chesterfield Coroner's Court on Tuesday.

During the hearing, he listed several issues that are likely to be examined when a full inquest is held at a later date. These include:

• Bendall's offending history and historic risks

• Information presented to Swindon Crown Court when he was given a suspended sentence for arson

• Restrictions placed on him and how they were enforced by probation

• Which agencies held information about him, and which agencies probation consulted

• What information was handed over

• Consideration and assessment made in relation to Bendall moving to reside with Ms Harris

• Concerns raised by wider family, or anyone else, about Bendall

• Bendall's substance misuse

• Decision-making by probation staff, and supervision and experience of probation staff

• Probation processes and workloads

Police found Ms Harris and the three children dead at the house in Chandos Crescent

Bendall was given a suspended sentence for arson just three months before the murders in September 2021.

If he had been sent to prison instead, he would not have been able to kill Ms Harris, her 13-year-old son John Bennett, 11-year-old daughter Lacey Bennett, and Lacey's 11-year-old friend Connie Gent.

He used a claw hammer to murder his victims, and he also raped Lacey.

According to an independent Serious Further Offence (SFO) review, probation failings began in June 2021, when Bendall was assessed by a probation officer prior to being sentenced for arson.

The probation officer wrote a pre-sentence report to help the judge decide the most suitable sentence. However, the officer was "relatively inexperienced" and the quality of the report was "very poor", according to the review.

For example, the significant level of violence used by Bendall during his previous offending was "not sufficiently examined".

His previous convictions comprised a robbery in 2010, which left the victim unconscious, using a knife during an attempted robbery in 2015, and attacking three prison officers in 2016, which left one needing surgery and months of physical rehabilitation.

Damien Bendall admitted four murders and the rape of 11-year-old Lacey

The judge, Jason Taylor QC, gave Bendall a 17-month custodial sentence but suspended it for two years, and gave him a five-month curfew so that he was tagged and could not leave Ms Harris's home at certain times.

The judge told Bendall: "I do not think for a second that you are going to come back to court. I really hope now you have turned [over] a new leaf and I hope you can carry on with the new chapter in your life."

The report into the probation service's handling of Bendall said: "Had DB's [Damien Bendall's] risk of serious harm to the public and children been correctly assessed as high, and had his risk of serious harm to partners been correctly assessed as medium, the court may not have curfewed him to an address with Ms Harris and her children."

Bendall was given a whole-life order for the murders and rape in December, meaning he will never be released.

The coroner has not set a date for the inquest, but indicated it could take place in September.

Another pre-inquest review could also be held before then.

Probation changes

A Ministry of Justice spokesperson said: "These were appalling crimes. The Chief Probation Officer has apologised to the victims' families for the unacceptable failings in this case and disciplinary action has been taken against two members of staff.

"The extra funding of £155m a year we have put into the Probation Service is being used to recruit thousands more front-line staff and to ensure domestic abuse and child safeguarding checks are always carried out before any offender in any case is given a curfew.

"The Probation Service has also improved information sharing with police and councils, so no family is put at such significant risk again."