UK UK - Joshua Clayton, 23, homicide or ?, Tresco Island, Isles of Scilly, 13 Sept 2015

[ash_uk@somebody]

Okay thanks, so Josh and his friend hadn't bought them before they got to the New Inn.

Different people had their own way of getting booze. Some got it from New Inn. Others stopped by their places on route to the Shed to pick up stuff.

Josh had some drinks in his bag that belonged to one of the female witnesses.

 

[Tortoise]

Different people had their own way of getting booze. Some got it from New Inn. Others stopped by their places on route to the Shed to pick up stuff.

Josh had some drinks in his bag that belonged to one of the female witnesses.

I'm only asking so as to challenge the narrative, things that may have been taken at face value, or assumed, and not checked out. If the New Inn doesn't sell canned beer, for instance. I worked in a hotel bar a long time ago, which only sold beer on tap and bottled beer.

Still, even if LT took his own beers as he said, from the New Inn, it doesn't mean he didn't help himself to some more out of Josh's rucksack, for instance.

I think I read that the friend who put her beers in his pack only had one of them and she went looking for him to get another one out when she realised he had gone. I would have thought if he was leaving and had picked up his bag he would have known by the weight of it that it still had her cans inside it, if they were still there, and he would have left them with her. Apparently he wasn't so drunk as to leave and forget his bag.

 

[JuicyLucy]

I do not believe any pictures were taken of the scene where Josh was found.
<SBM>

Wait... what? No pictures?? I realise there were difficulties with the remoteness of the location and the paucity of investigative resources, but taking photos is surely crime scene 101. In 2015 it would have been an option available to anyone carrying a phone if nothing better was available.

 

[JuicyLucy]

I found this map in one of the newspaper reports and thought it was quite good at making some of the locations clearer in relation to each other.

 

[CrimeAway]

Wait... what? No pictures?? I realise there were difficulties with the remoteness of the location and the paucity of investigative resources, but taking photos is surely crime scene 101. In 2015 it would have been an option available to anyone carrying a phone if nothing better was available.

Yes, that's unfathomable, IMO.

 

[ash_uk@somebody]

If helpful, maps and annotated shots or pictures from drones. All around the time. The notebook is where the charger was found and the bike.

Routes home etc.

 

[ash_uk@somebody]

Our letter to Chief Constable Shaun Sawyer the day after inquest.

No reply. Just a "we will do what we want", in response they sent for a review of the original investigation by outside force (Dorset, not an independent force from D&C whatsoever!) and they continued to investigate the matter themselves.

__

Chief Constable S Sawyer

Chief Constable of Devon & Cornwall Constabulary

Middlemoor,

Exeter

Devon EX2 7HQ

DATE - 13 January 2017

Dear Sir


Inquest into the death of Joshua Clayton


We act on behalf of Joshua Clayton’s family. As you will be aware, the Inquest into the death of Joshua Clayton took place in the Plymouth Coroner’s Court between10-12 January 2017. Matters ended abruptly when the Inquest was adjourned and suspended and the Jury was discharged on the 12 January 2017. The Coroner, Mr Ian Arrow, at our request has referred the matter to the DPP for further investigation.


The family have given the matter a great deal of thought and have asked us to write to you as they consider that it would be appropriate and in the interests of justice if the further investigation was carried out by a force other than Devon & Cornwall Constabulary.


As we made clear at the Inquest and would have been reported to you by your legal representatives, the family regrettably, have lost confidence in the ability of Devon & Cornwall Constabulary to investigate this matter. That loss of confidence arises because of a number of matters and includes:-


1. Critical erroneous assumptions were made at an early stage of the investigation which then had the effect of misdirecting the scope of the investigation. The erroneous assumptions that were made that:

a. This was a simple missing persons inquiry

b. There was no 3rd party involvement

c. Leroy Thomas knew nothing of any significance relating to Josh’s disappearance

d. Senior personnel within Tresco Estates knew nothing of any significance in relation to Josh’s disappearance.


2. There was a failure to secure critical evidence at the scene. That includes but is not limited to the bicycle, the phone charger and the cigarettes found near the scene and any other evidence that may have been available in the immediate vicinity of “The Shed”.


3. The disposal of critical evidence without any authority/agreement from the family to do so. The family are particularly concerned about the disposal of Josh’s t-shirt and other items of clothing which were destroyed after the post-mortem examination had taken place. There was no forensic analysis of the shirt carried out and that opportunity has been lost following the clothing’s destruction. On the basis that the Inquest has been opened and adjourned, this was an extraordinary decision and one that should not have been made, in these circumstances.


4. There was a failure to interview Tristan Dorrien-Smith. Different explanations have been provided to the family since Joshua’s death as to why that did not take place. These have included that:-


(a) He was not considered to be a relevant witness.


(b) It wasn’t possible to travel to Tresco to interview him because of inclement weather.


(c) His father had said that it was only appropriate for one specific officer to speak with him.


The party that Josh had attended was arranged by Tristan Dorrien-Smith. It took place on his land. He was responsible for the party and it was he who ended the party. It was his buggy located outside of The Shed on which Josh was seen sitting during the course of the party. The family find it utterly bewildering that at no stage has it been thought appropriate to obtain a statement from Mr Dorrien-Smith, or from anyone in a senior position within the Tresco Estate.


5. Various explanations were provided to the family as to the basis on which the post mortem was to be carried out and was carried out. There remained confusion, until the Inquest itself, as to whether Josh had undergone a standard or a forensic post mortem. It would appear from the evidence at the Inquest that initially attempts were made to secure a standard post mortem as opposed to the more detailed forensic examination which was clearly required in this case. The fact that Josh’s body was transported up and down the M5 whilst arrangements were sought to be made with a Pathologist has potentially compromised the evidence that was available to the Pathologist when the post mortem was quickly carried out.


6. There has been a repeated failure by the Constabulary to provide documents and statements in accordance with the orders made by the Coroner during the coronial process. It remains the case that documents are still outstanding, other documents have been unnecessarily redacted.


7. There was a failure to properly interview Leroy Thomas. Although he was interviewed under caution, having made a Section 9 statement, it is clear to any casual reader of the record of that interview that further questions were required. Despite this, it was contended during the procedural hearings that proceeded the Inquest, that Leroy Thomas had nothing to do with Josh’s disappearance and that all his movements could be accounted for. It is clear that was an erroneous assumption.


8. Although there was clear and admitted damage to the works van over the weekend of the party, there appears to have been a complete failure to obtain any forensic evidence in relation to that van. There was also a failure, as far as we are aware, to investigate and obtain any forensic evidence from the Artist’s Chalet.

Some of these matters have already led to a formal complaint being made by Mrs Clayton to the IPCC. That complaint remains in abeyance pending these ongoing proceedings.

Justice needs to be seen to be done. In the light of Mr Thomas’ evidence, there is now the real possibility that there was third party involvement which led directly to Josh’s disappearance and death. The matter requires thorough examination and investigation and it is regrettable that that investigation will be handicapped by the errors and admissions that have already taken place over the last 15 months whilst this matter has been in the hands of the Devon & Cornwall Constabulary. The family would be pleased to continue to co-operate and work with whichever force will be conducting the new investigation and to share any information that they have into the events surrounding Josh’s disappearance. In all the circumstances, the family consider that it would be in everyone’s interests including those of Devon & Cornwall Constabulary, if the matter was referred to another force to take over the investigation.

We look forward to hearing from you.


Yours faithfully

CROSSE + CROSSE Solicitors LLP

 

[ash_uk@somebody]

Hi people.

It's been a little while. I'm still really keen to get a lot of intel out here for you to read and maybe/hopefully contribute to.

It's been mentioned about the buggies and van damage that night. I've started working on this map and I will endeavour to get a write up asap here about the intel surrounding what was said and tested / checked re the van and the buggies.

We still weren't even clear at the second inquest exactly who was responsible for this damage.



To begin with rumours were spreading widely that LT had admitted to damaging the buggies and van (we have texts from witnesses on the island immediately that week). A lot of staffers on the island thought this was the reason for him losing his job (when I explain they are bewildered that it was because he didn't turn up to work the next day, absence being the reason he lost the job immediately & not damage to buggies or the van).

Within a week it was made known by the PS Colin Taylor (St Marys) that some youth had damaged these vehicles by joyriding on the island. They were spoken to at the school by a retired detective who had helped out. Several were damaged as per what I know which is put on the map. But in the original evidence nobody actually admits it. Later it gets confusing if they did or didn't? Statements exist in the second investigation for the youths, I need to dig it all out.

It's besides the point anyway that buggies could have been seen driven by youths around 10pm. The party ended around 1:30am onwards. Vehicles could have been driven again after the youths, more than one buggy is on the island and indeed one of the witnesses gives her statement and says she drove buggies to ferry drunk people home after the party.

The van was notably damaged on the underside and the interior mirror was also broken off. There is witness statement that this mirror (it could be a second exterior mirror though?) was found, also marked on the map. Some tracks are mentioned in the fields above the main lake in the middle of the island.

A tin of paint was found by LT the next day as he leaves his bed at the Artists Chalet and goes NORTH, rather than WEST to his accommodation. He finds this tin of paint and it is known to have been in the van the day before. So it must have fallen out that night along the track he is heading from the Artists Chalet (marked Borough Chalets). LT's normal accommodation is marked clearly on the map.

I will dig out all I can, it will be quite complex. Do feel free to ask anything as it may help me narrow down evidence to check and present.

 

[ash_uk@somebody]

The youths denied being on or driving in vehicles when they first spoke to PC Matt Crowe in the week after the evening.

Later they admitted it when revisited again by the police in Summer 2017.

Two youths took the van, driving it all around the entire island and putting it back before around 10:30pm. A few more youths all jumped in the back too. They damaged it but cannot be sure the extent of the damage as it wasn't checked.

The Van was returned to the same position but the wrong way around.

A single buggy was taken and driven around the south of the island. This was also damaged but not wrecked. This buggy joyride was after the Van was returned but before Midnight. The buggy was taken from the island offices area which is just several yards away from where the Van was.

I have tracked down and spoken to two of the youths yesterday (01st April). I hope to speak to more of them to corroborate all these statements. I am waiting on them to come back to me.

This does not explain why there are three other buggies in the places marked on the map. We have no pictures of the buggies at all and all were swiftly repaired by the island. I can track down and try and speak to the staff who fix the vehicles on the small island. I am not sure there is much in it (The cops not doing any forensics anyway).

 

[Tortoise]

What can you tell us about LT staying at Artists' Chalet - in terms of other witnesses' evidence, particularly that of Tess H?

Did anyone hear any noise there, was the other chalet occupied?

Also who spotted the buggy near there the next morning (as indicated on your map), how do you know LT picked up the can of paint next morning, and what is the arrangement for buggies and ignition keys?

 

[ash_uk@somebody]

What can you tell us about LT staying at Artists' Chalet - in terms of other witnesses' evidence, particularly that of Tess H?

Did anyone hear any noise there, was the other chalet occupied?

Also who spotted the buggy near there the next morning (as indicated on your map), how do you know LT picked up the can of paint next morning, and what is the arrangement for buggies and ignition keys?

Tess doesn't seem to talk about LT and his staying in the Artists Chalets.

Two people were staying in the opposite Artists Chalet (no2). These two report the Buggy (undamaged) parked on the top of Racket Town Hill near the junction with Borough Road.
The wife of the two (married couple in no2 chalet) also report that the Chalet 1 was unoccupied however on morning of 13th the curtains to the bedroom had been pulled and the window was slightly opened. She also reports the buggy, parked in the middle of nowhere outside.

Would it be helpful if I posted all of LT statements 1 by 1 here? It might be helpful ?

Feb 20 17 after the inquest LT gives another final statement:

I then walked back from the Shed towards my accommodation with Kate, possibly Frank who is the chef at the New Inn, and another girl who is Eastern European and I think is a cleaner. We walked back to the office department areas and that's when I decided of my own accord that I didn't feel quite right about the situation and that I would return to the Shed. It was partly down to Tristan's reaction that I decided to do this, I've been asked before was I carrying a torch or anything like that, but I wasn't. I decided that I just didn't feel that it was a comfortable situation so I returned back along the same direction as I left. I hadn't told anyone that I was going to return to the Shed area.

I got back to where the Shed was and saw that it was locked up and was very quiet. There was quite a strong wind which had picked up but the rain had stopped, this would have been I would say three / three thirty-ish in the morning now. I had a look around the area of the Shed before taking a left up through some of the trees and headed up to the Artists Chalet. I didn't see any bikes in the area of the shed.

The reason I know where I am with the Artists Chalet, is because that's where I stayed before, on previous occasions on Tresco, I'd stayed there numerous times on my own, with my girlfriend and with Mike the guy that I was working with.

There are two chalets there and we were allowed to stay in the left hand side chalet so knowing where I was, the fact it was too late in the morning to turn back and I was exhausted myself, I stayed at the chalet.

In the morning I headed back the same way and took a left when I was approached by one of the guys that was a member of the cricket team. He asked me if I wanted join in as they were low on numbers so I said yeah okay not a problem. We began playing cricket but the weather had taken a turn for the worse so they decided to postpone the game.

I think it was at that time I was sat down when Tess and another girl came by and said 'Have you seen Josh? Has anybody seen Josh, he's gone missing.' My initial reaction was that Josh was one of the lads that works in the New Inn. He's a dark skinned lad and I don't know what his surname is but my initial reaction was that it was him who had gone missing. I didn't know another other Josh at the time.


re tin of paint:

Early on pre Inquest note I have:

Leroy Thomas alleged stayed the night in “Artists Chalet” and until 1220hrs 13th. Left and walked to Old Grimsby area. Makes no mention in his statement to police of finding tin of paint which he was carrying having found it en route, although he tells other witnesses how he came by it. Refers to damage to van but denies driving it when this occurred.

Other witnesses see him as he comes to the cricket pitch and that he has the tin of paint:

Jacob Rogers (barman at New Inn) says in a statement 30 Sept 2015:

I got to the cricket field and we were short of players so were discussing who else we could get to play against the touring team (Bugle). We had been there a while setting up and I saw Leroy who I knew as working on the island as a painter and decorator and always had breakfast at the New Inn – with staff. I would see him most days for breakfast and dinner. He would sometimes come in for a drink and had been on the island previously. There had been a couple of occasions when his partner had run the pub looking for him. When he came in he would drink heavily on occasion. On the Saturday before the Shed party he had been in the pub and talked to me and told me he was no longer with his partner and she would not ring the pub to look for him. He also told me he had told Mick not to expect him early for work in the morning as he may be nursing a hangover.

At the cricket pitch I saw him walking down the hill towards us from the direction of Borough Farm about half way down the hill. He was on his own and was carrying a tin of paint by the handle. We spoke to him and Mike Foster – cricket captain called him over asking him if he would play cricket as we were short of players.

I asked him about if he was working and also about Josh – if he had seen him. He said he hadn’t seen him. Then told me he found the tin of paint in the hedge at the side of the road as he was walking back. He said it was the same tin of paint they had been using the day before and seemed surprised that he had found it in the hedge on this side of the island. He gave the impression he did not know how the paint tin had got there.

He did tell me that he had spent the night in the artist’s chalet number one – telling me he got lost and knew the cottage he had stayed in before.

The cricket match started and I went out to bat first – probably out for ten over’s or so when it started to rain so we came in and I saw Leroy again. At this time, he told me he had spoken to Mick on the phone and been told that the work van had been taken and damaged having hit something. He mentioned that it was quite a new van and the workshop would not be happy. I asked him if he knew anything more about it. He told me he did not. We finished the innings and shortened the match because of the rain. Had a break and then finished the match. I was starting to get more concerned about Josh being missing and spoke to Adam and we went back to the New Inn. I think I stopped and spoke to Sam Nicholas at one point near to the cricket field as we were leaving as he was out looking for Josh driving towards the Ruin Café location.

I knew there had been no update and that the coastguards had been called out as I saw them whilst playing. After that I went to the New Inn to see if anyone knew anything else. There was no one there just Andre behind the bar who didn’t know anything else. I then went home. Later that evening I went back to the New Inn as there was talk of people being needed to help search for Josh. I saw Leroy again in the bar – having dinner – but did not speak to him that evening.

The following day I came back into work in the evening and Leroy was at the bar – Monday 14th September. I spoke to him. He was a bit drunk and told me that he was leaving on Tuesday and he was finished having had a bit of a disagreement with management.

My Manager Rob Letherbarrow spoke to me and to Enrique – other barman – telling us no more drinks for Leroy. He then went and asked him to leave when he had finished his drink which he did without any problems.


There's more in here.

Buggies shouldn't have keys readily available in them. However it seems common practise to leave the keys in the glove box. There are a few mentions of repeated issues with youths drink driving stealing the buggies throughout the season.

 

[Laughing]

@ash_uk@somebody , what is the next level of government in this location?

In the US, a family can contact the state's Attorney General about the adequacy of an investigation; sometimes the state Highway Patrol re-investigates.

(Doesn't always result in a new investigation, sadly.)

Thank you for serving as your brother's voice in the quest for answers!

 

[ash_uk@somebody]

@ash_uk@somebody , what is the next level of government in this location?

In the US, a family can contact the state's Attorney General about the adequacy of an investigation; sometimes the state Highway Patrol re-investigates.

(Doesn't always result in a new investigation, sadly.)

Thank you for serving as your brother's voice in the quest for answers!

So here in the UK it's not easy. Especially as this also involved a Coronor's court case.

The process is/was:

Complaints are made against the acting police force you have the grievance about. They investigate themselves, sometimes either automatically or because they are required to do so the force will refer the complaint to the IOPC who are independent and should investigate accordingly.

Make a complaint | Independent Office for Police Conduct

You can then take it further depending on the outcome and if you want to appeal.

Regarding our case. We complained about the police in November 2015 as soon as the toxicology results were known (Before this, everything we asked or challenged the police about they kept saying Josh was going to be drunk and drugged and so our concerns weren't warranted).
This complaint dealt with at the time by Devon and Cornwall was put on hold due to prejudice potential as the Coronor case was ongoing. The matter was with the Coronor until late 2018 when the second inquest concluded.
We had a limited time to then refer the Inquest itself for a Judicial Review. We didn't, we were exhausted.

The Police then started a new complaint investigation due to the outcome of the Inquest. So mum had to go through everything again and make fresh complaint. This was dealt with internally and you can read about some of the things upheld by the force in some media reports. I can dig out the complaint review and post it here if it's of interest?

You're really tied up with a Coronor case in my opinion. You're at the mercy of this Judge who everybody keeps reminding you is the 'Boss' and 'In Charge'. I hated the whole process and as we had to endure more of the BS during the process of multiple Pre Inquest Review Hearings and then go through the process of actively fighting a police force for answers throughout every turn... It Sucked more than you can imagine.

The Cops had lawyers and barristers all the way through. They were so embarrassed when LT committed perjury like he did in Jan 2017. But they seem to have gotten away with a whitewashed second investigation and had a Coroner who really didn't want to dig for truth but rather go along with a swift and easy resolution. No witnesses were allowed.

They talk about having the top CID (the top detective in the whole of D&C called Stephen Parker) on the case for the second serious crime investigation. This guy is now acting deputy Chief Constable. When he and his several buddy police offers / detectives came to our place to discuss the finality of the process they could not give any single answer to why LT is not a suspect. None. Just that he wasn't and that's that. It was like talking to a 5 year old kid or a brick wall.

 

[Laughing]

Your family has a Member of Parliment, correct? Would a letter to that person help?

A regional body might be preferable -- we have state legislators in the US.

I make a point to know mine. When we first moved here, our state representative sat across the church aisle. He retired, our veterinarian was elected. Vet retired from politics, veterinarian's son (and I used to teach with his wife) was elected. Always a good thing if you need anything at the state level.

I am so sorry for your family's loss and your family's frustration! I understand that you don't need more frustration, but you family seems stuck in the same loop as Rebecca Zahau's family:

CA - Rebecca Zahau Wrongful Death Revisited 2019

jmho ymmv lrr

 

[ash_uk@somebody]

Your family has a Member of Parliment, correct? Would a letter to that person help?

A regional body might be preferable -- we have state legislators in the US.

I make a point to know mine. When we first moved here, our state representative sat across the church aisle. He retired, our veterinarian was elected. Vet retired from politics, veterinarian's son (and I used to teach with his wife) was elected. Always a good thing if you need anything at the state level.

I am so sorry for your family's loss and your family's frustration! I understand that you don't need more frustration, but you family seems stuck in the same loop as Rebecca Zahau's family:

CA - Rebecca Zahau Wrongful Death Revisited 2019

jmho ymmv lrr

We have MP's yes, all elected by us locally in our area to represent us in London.

I did meet with our local MP. This must have happened around Aug/Sept 2016. She is called Rebecca Pow. She was kind enough to give me 30 minutes of her time in her office to discuss my concerns.

However. I was given some pity, she asked how my mother was dealing with all this. Then she asked what I would like her to do about it? I seeked some sort of inspiration from her whilst trying not to seem back-footed. Basically she put it to me that she can only go to Parliament and ask a specific question. She cannot do anything else, so if I have a question - what would it be?

I was a bit dumfounded and really came away from her office in town thinking how stupid I felt. It seems that this issue is not important to democracy or society and it definitely was not important to Josh's local MP. The really pathetic thing is I vote conservative.

They're all in it for the money & the connections and prestige.

I'll read thru the thread you highlighted. Thanks.

 

[Fieldsofgold]

Different people had their own way of getting booze. Some got it from New Inn. Others stopped by their places on route to the Shed to pick up stuff.

Josh had some drinks in his bag that belonged to one of the female witnesses.

Have you got the transcripts of police interviews with Leroy or any other lengthy statement from him?

<modsnip>

 

[Fieldsofgold]

Have you got the transcripts of police interviews with Leroy or any other lengthy statement from him?

<modsnip>

I think something definately happened and they are not coming with the truth of this case. The search and rescue were there and didnt find anything then all of a sudden they are gone and the body appears. Something seems wrong to me and im glad the family are still asking questions because if it was me i wouldnt want my family to give up on me. Something happened to josh an <modsnip>

 

[ash_uk@somebody]

Have you got the transcripts of police interviews with Leroy or any other lengthy statement from him?

<modsnip>

Yes.
1) Police notebook entry on day he left island (the Monday or Tuesday, next few days after search started). Approx 2015-09-14/15
2) Further police S9 statement, 2015-09-16
3) Video interview transcript, summarised not verbatim. We have seen some of this video too privately at the coroner's court prior to Inquest number 2. 2015-10-09
4) Leroy's written answers to our questions put to him for Inquest. 2017-01-10
4) Transcript of conversation with officers at the inquest in a back room following halt. 2017-01-10
5) further S9 after Inquest 2. 2017-02-26

It looks like the police maybe did a lot, but they overlooked all the evidence from the witness testimony. It's quite incredible and blatant.

 

[NeroHolmes]

Hi @ash_uk@somebody,

Are there any pictures taken during the party at the Shed (from Instagram, Facebook etc.)?
Was it raining when Josh left the Shed?

Thanks

 

[bykerladi]

Well, there's a new Duke of Cornwall. Maybe this case will finally get some traction.