Murder detective who persuaded killer to lead him to two bodies could face sack - for failing to read him his rights

Steve Fulcher failed to read Christopher Halliwell his rights after he was arrested
Detective Superintendent Fulcher interviewed Halliwell without a solicitor being present
Halliwell led him to the bodies of Sian O'Callaghan and Rebecca Godden-Edwards

PUBLISHED: 02:19 EST, 10 September 2013 | UPDATED: 05:22 EST, 10 September 2013

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Rule breach: Detective Superintendent Steve Fulcher faces disciplinary charges after interviewing murderer Chris Halliwell without issuing a caution and without a solicitor being present

A murder detective who failed to read a killer his rights when persuading him to lead him to the bodies of two women could now face the sack.

Wiltshire Police Detective Superintendent Steve Fulcher was praised for his bravery after Christopher Halliwell led him to where he had dumped the body of missing 22-year-old Sian O'Callaghan in 2011.

But the Independent Police Complaints Committee has said the officer should face a gross misconduct hearing after failing to read Halliwell his rights and interviewing him without a solicitor being present in a bid to find Miss O'Callaghan.

He should also face disciplinary action for briefing the press on the case when Wiltshire Police had ordered him not to.

Miss O'Callaghan, 22, had gone missing after a night out at a Swindon nightclub in March 2011.

Taxi driver Halliwell, 49, had been arrested days after the disappearance and in a three hour period led police to her body.

The killer then asked the detective if he 'wanted another one' and led him to the body of Rebecca Godden-Edwards who had been missing since 2002.

The 20-year-old had been missing since 2002, but her estranged family had never reported her missing because they believed she had moved to London after becoming hooked on drugs.

Despite revealing the location of the bodies, Halliwell was never convicted of killing Miss Godden-Edwards after a judge ruled that his confession was inadmissible because Mr Fulcher failed to follow the correct arrest procedures.

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He was jailed for 25 years for killing Miss O'Callaghan.

Mr Fulcher admitted he broke the rules in court last year, but said he thought he was doing 'the right thing'.

He was suspended for a year while an investigation was carried out but has since returned to the force.

Sian O'Callaghan, 22, went missing after a night out in Swindon in March 2011

Rebecca Godden-Edwards, went missing in 2002

Victims: Sian O'Callaghan, left, went missing after a night out in Swindon in March 2011, while Rebecca Godden-Edwards, right, was last seen in 2002

The investigation into Mr Fulcher's handling of the arrest found that he had breached the Police and Criminal Evidence Act (PACE) and disobeyed orders by releasing information to the media and meeting with journalists from the BBC and ITV.

The resulting IPCC report said: ‘The effect of Det Supt Fulcher’s actions was catastrophic, particularly on the prosecution of Mr Halliwell for the murder of Rebecca [Godden-Edwards].

'Det Supt Fulcher stated had he not proceeded as he did, Rebecca’s remains may never have been found.

Killer: Christopher Halliwell, 47, was jailed for 25 years for the murder of Miss O'Callaghan, but escaped charges over Miss Godden-Edwards death

'However it is not possible to determine what may have happened if Mr Halliwell had been immediately conveyed to custody after his arrest and urgent interview by detectives.’

IPCC Deputy Chair Rachel Cerfontyne said: ‘Detective Superintendent Fulcher’s actions were in deliberate breach of PACE and we find that he has a case to answer for gross misconduct.

‘Also, Detective Superintendent Fulcher, despite no longer having responsibility for Operation Mayan (the murder investigation), and against express orders, went ahead with meetings about the case with journalists from both the BBC and ITV.’

The mother of Miss Godden-Edwards reacted with fury at the report yesterday accusing the watchdog of putting the killer’s rights above hers.

She said: ‘He’s my hero and should not be punished.

‘He’s accused of breaching Halliwell’s rights, but what about mine? Don’t they count for anything?

‘Detective Superintendent Fulcher should be hailed as a hero, not as someone who overstepped the mark.

‘The rules should be tailored to help us as much as an accused person.

‘Without Detective Superintendent Fulcher’s initiative I would never have had closure.

‘Yes, sadly Becky is dead but I could have spent the rest of my life wondering if she was still out there alive, simply not wanting to see me, or dead.’

She has now called for a public debate on PACE rules.

Hunt: Police search for Miss O'Callaghan's body following her disappearance

During the case, Wiltshire Chief Constable Patrick Geenty said his officer had been ‘brave’ and that he hoped he would have done the same thing.

But Halliwell’s barrister accused the detective of riding roughshod over the law and returning to ‘70s-style policing’.

The IPCC conducted a review after Miss Godden-Edwards’ father, John Godden complained about the officer’s actions.

If the force agree with the IPCC findings, the detective will face a gross misconduct panel which will decide his fate.

A spokesman for Wiltshire Police said: ‘We are taking this matter very seriously and we are currently in the process of carefully considering the recommendations made within the report and our subsequent response to the IPCC.

‘We will be taking into account the needs of the families whilst deliberating the recommendations.

‘Wiltshire Police are continuing to offer welfare support to Det Supt Fulcher throughout this on-going process.’

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The Policeman should get a Medal, anyone can make a mistake.

- robin123 , leeds, United Kingdom, 11/9/2013 08:23

Click to rate Rating 16

Why did he have to speak to the press?

- Sam , Yorkshire, 11/9/2013 07:10

Click to rate Rating 3

Almost all the comments here demonstrate a total lack of understanding of how and why this came about. He was perilously close to blowing both cases, the rules are there to protect EVERYONE who is arrested. If a police officer knows he can do what he likes and the "evidence" he gets will be admissible then we're all in for a rough ride if we're unfortunate enough to be arrested. It's only by saying the evidence he gathers is inadmissible that you protect everyone who is arrested from over-zealous policemen who are *sure* they've got their man. Again, it's only by VERY good fortune his actions didn't prevent both the murders being prosecuted.

- reality_checker , watford, United Kingdom, 11/9/2013 06:58

Click to rate Rating 5

Would beating a confession out of suspects be okay, then? Because if a cop is prepared to ignore rules, then anything else is possible too. No one needs cops like Fulcher. Thanks to his actions, Halliwell didn't get a larger sentence.

- S Jones , London, United Kingdom, 11/9/2013 02:11

Click to rate Rating 6

How can anyone second-guess what that detective needed to say or not say to Halliwell to get him to show him where the bodies were? If the killer had been taken to a police station, he might not have revealed anything, he'd still be free and the victims families would still be living in hell. Failing to read a suspect his rights is a breach of the rules but the detective had a gut feeling based on the psychology of the moment, that he could get the killer to tell him where the bodies were. He was face with making a judgement call and he made it.

- Dave , Wimbledon, 11/9/2013 01:42

Click to rate Rating 6

If this does not tell you that the police service in Britain is broken beyond repair, nothing will. The whole system is criminal justice is unworkable and farcical. The simple question is whether Det Supt Fletcher acted in the best interests of justice? Define justice? Justice is not simply for the accused criminal - who let's face it knew where the bodies were buried even though he could not be charged with murder. Justice is also about the victim and the victims families, and the wider public. I cannot believe any decent public spirited person would not support DS Fletcher. Thank god for police officers like him. It is now time to re-visit not only the structure and culture of our police force, to determine what it is for, but also to take a look at laws like the PACE which have acted against the ability of the police in prosecuting crime, and are actually against the public interest. Criminality is being rewarded hand over fist. We are on a downward slope.

- Mike , Kirkbymoorside, United Kingdom, 11/9/2013 01:11

Click to rate Rating 6

What an utter nonsense. Another unbelievable example of the strangeness of our legal system. A murderer has been caught and two bodies recovered. Ok, he should have known better but sacking him? Ridiculous.

- Dog Squat , Bangkok, Thailand, 11/9/2013 00:46

Click to rate Rating 13

The comments I¿ve read are overwhelmingly in favour of the detective. I think that this is an emotional reaction rather than a rational one; it is wishing that things were as one wanted them to be rather than as they are. The officer was guilty of ¿failing to read Halliwell his rights and interviewing him without a solicitor being present in a bid to find Miss O'Callaghan.¿ Also ¿Halliwell was never convicted of killing Miss Godden-Edwards after a judge ruled that his confession was inadmissible because Mr Fulcher failed to follow the correct arrest procedures.¿ In the circumstances I believe that it is fortunate that Halliwell was convicted at all. What would the comments have been if the headline had read ¿Killer goes free because policeman failed to follow procedures¿? A second point, if you or a member of your family were accused of a serious crime would you be so cavalier about the need for a caution or the right to see a solicitor?

- Iron Felix , Cannes, France, 11/9/2013 00:42

Click to rate Rating 2

What an absolute joke!!!!

- JL , Australia, 10/9/2013 23:55

Click to rate Rating 6

A good result. Justice was served. Isn't that supposed to happen?

- NotoEU. , Tunbridge Wells, United Kingdom, 10/9/2013 23:06

Click to rate Rating 5

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