Lee Balkwell: Dad loses High Court case over son's concrete mixer death

Lee Balkwell, 33, died in July 2002, at an Essex farm, after suffering multiple injuries

The father of a man found dead in a concrete mixer in 2002 has lost a High Court challenge against police over the investigation into his son's death.

Lee Balkwell's body was discovered at Baldwins Farm in South Ockendon, Essex, in the early hours of 18 July 2002.

His father, Les Balkwell, brought the legal challenge against Essex Police's decision not to reopen the case.

Dame Victoria Sharp said it was "reasonable" to conclude alleged new evidence was "insufficient".

Lee Balkwell was found with his head and shoulders wedged between the drum and chassis of the concrete mixer lorry that he had been employed to drive.

At a hearing in London in February, lawyers for his father said Mr Balkwell may have been "deliberately killed" and the scene of his death "staged".

Les Balkwell has long campaigned for a greater investigation into his son's death and accused the police of corruption.

He argued the force's decision to close the case was "unlawful" and "irrational".

Les Balkwell has campaigned for the investigation into his son's death to be reopened

Essex Police described the 33-year-old's death as a "tragic accident" at the time, but an inquest in 2008 ruled he had been unlawfully killed.

In 2012, the Independent Police Complaints Commission (IPCC) - since replaced by the Independent Office for Police Conduct (IOPC) - concluded the investigation was "seriously flawed" but found no evidence of corruption.

Essex Police apologised, made admissions and paid compensation to Mr Balkwell's family over failings in its original investigation.

Kirsty Brimelow QC, representing Mr Balkwell's father, told the hearing in February that he claimed to have "intelligence", including that his son may have been "punished" over someone else's "drugs deal".

Mr Balkwell's father secured a report by pathologist Dr Dick Shepherd which allegedly provided evidence that his son was "likely dead before he was crushed".

Dame Victoria Sharp, sitting with Mr Justice Bennathan, said they were "in no doubt" that police decisions over a fresh investigation "had regard to the proper legal tests and to the material facts".

She said the court did not accept it was "irrational" for the police not to reopen the investigation in light of the pathologist's report, highlighting that three others had produced "contrary" views to it.

She noted that flaws in the original investigation created "evidential difficulties" with "vital evidence" being lost.

Dame Victoria said alleged new evidence in the case consisted of "nothing that had not already been considered".

Commenting after the ruling, Detective Chief Superintendent Lucy Morris of Essex Police said: "We know that Lee Balkwell's death is incredibly painful for his family and they still have questions about what happened to him.

"We know there were failings in the original 2002 investigation and for that we are truly sorry."