Shropshire Star

Revealed: How police blunders stopped justice being done over dog walker death crash

Police have been criticised for missing the chance to prosecute a motorist who had been drinking before a crash that killed a man walking his dogs.

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West Mercia Police officers failed to carry out correct tests that would have proved the motorist was over the drink drive limit.

An investigation, seen by the Shropshire Star, says there were a series of errors in the investigation into the death of Julian Waskiewicz.

Mr Waskiewicz was walking his two dachshunds in Albrighton when he was struck by a silver Volvo on November 10, 2014.

The 56-year-old was taken to Birmingham's Queen Elizabeth Hospital in a critical condition but died six days later.

The driver of the car involved was not prosecuted for any offence.

The accident happened on the Shropshire-Staffordshire border and both West Mercia and Staffordshire officers arrived at the scene.

But an inquiry carried out by Warwickshire Police describes a series of blunders that hampered the investigation and prevented justice being done.

Its report recommends that all police officers are given extra training on how to carry out drink drive tests.

It follows evidence that proved the driver would have been shown to have been over the drink drive limit at the time of the accident had a 'back calculation' test of his alcohol levels been carried out.

The report, by Inspector Adrian Davis states: "What is probably accepted by all as the main 'missed investigative opportunity' and subsequent consequence concerning one area of police drink drive procedure, commonly known as 'back calculation'.

"It will highlight how this was not simply the error of one single police officer, but a collective lack of knowledge, missed and or ineffective communication by many.

"It will also identify a clear need for police officers to be fully aware of the infrequently used back calculation procedure and the investigatory benefit this brings, together with the consequences of failing to apply it."

A test taken immediately after the accident on Burnhill Green Road showed the 63-year-old driver was 3mg above the drink drive limit. But a later test taken at Malinsgate Police Station in Telford measured 35mg, which was just within the legal limit.

The driver was released from custody because the back calculation test was not carried out by West Mercia officers, despite a request from Staffordshire Police, which was in charge of the overall investigation into the crash.

The inquiry report also states that the custody officer at Malinsgate was not aware that the driver had been involved in a serious accident.

Mr Waskiewicz had been widowed just six weeks before the crash. His wife Jill had died after a two-year cancer battle.

Insp Adrian Davis, of Warwickshire Police, states in his report: "It is recommended lessons are learned from this review.

"Certainly from the officers that I have spoken with, which include the senior investigating officer, family liaison officer from West Mercia Police who attended the scene and dealt with the arrested driver, there has been professional support for the review and a mature reflection, and recognition with some of the concerns raised.

"The senior investigating officer has explained the positive changes already implemented in respect of the audit and decision making around case files which upon first review are considered unlikely for prosecution."

"Whilst the officers who I have spoken with now have a far better comprehension around back calculation and the link to borderline results when dealing with serious incidents, I believe there is a need to highlight and reinforce this area of legislation within UK roads policing training."

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