The Mammoth Book of Conspiracies (35 page)

Q. About four times as much in other words?

A. Yes.

Q. Putting it in short terms, you would expect there to be about four times as much paracetamol and two and a half to four times as much dextropropoxyphene?

A. Two, three, four times as much paracetamol and two, three, four times as much dextropropoxyphene in the average overdose case, which results in fatalities.

Q. You have mentioned that it seemed that a number of Coproxamol drugs were taken. Was it possible, from your examination, to estimate how many tablets must have been taken?

A. It is not possible to do that, because of the complex nature of the behaviour of the drugs in the body. I understand that Dr Kelly may have vomited so he would have lost some stomach contents then. There was still some left in the stomach and presumably still some left in the gastrointestinal tracts. What I can say is that it is consistent with say 29/30 tablets but it could be consistent with other scenarios as well.

144. Dr Allan also said in his evidence that the only way in which paracetamol and dextropropoxyphene could be found in Dr Kelly’s blood was by him taking tablets containing them which he would have to ingest.

145. In relation to an examination of Dr Kelly’s body Assistant Chief Constable Page said in evidence:

Q. We heard about investigations that have been carried out in the post-mortem and toxicology reports.

A. Yes.

Q. And the pathologist said that Dr Kelly’s lung had been removed for tests. Have you discussed that matter with the toxicologist?

A. I have discussed that matter with the toxicologist. The lung was not subjected to tests, and the rationale given to my team by the toxicologist is that the blood was tested for an entire range of substances including volatile substances and stupefying substances. No trace whatsoever was found and therefore they considered that examining the lung would not be relevant because if it was not in the blood, it would not be in the lung.

146. Very understandably the police did not show the knife found beside Dr Kelly’s body to his widow and daughters but the police showed them a photograph of that knife. It is clear that the knife found beside the body was a knife which Dr Kelly had owned since boyhood and which he kept in a desk in his study, but which was found to be missing from his desk after his death. In her evidence Mrs Kelly said:

Q. We have heard about the circumstances of Dr Kelly’s death and the fact that a knife was used. Were you shown the knife at all?

A. We were not shown the knife; we were shown a photocopy of I presume the knife which we recognised as a knife he had had for many years and kept in his drawer.

Q. It was a knife he had had what, from childhood?

A. From childhood I believe. I think probably from the Boy Scouts.

And in a statement furnished to the Inquiry Police Constable Roberts stated: The knife found in possession of Dr David Kelly is a knife the twins, Rachel and Ellen recognise (from pictures shown by Family Liaison Officers). It would not be unusual to be in his possession as a walker. They have seen it on their walks with him. He would have kept it in his study drawer with a collection of small pocket knives (he did like gadgets) and the space in the study drawer where a knife was clearly missing from the neat row of knives is where they believe it would [have] lived and been removed from.

147. It also appears probable that the Coproxamol tablets which Dr Kelly took just before his death came from a store of those tablets which Mrs Kelly, who suffered from arthritis, kept in their home. In a statement furnished to the Inquiry Detective Constable Eldridge stated:

At 1000hrs on Thursday 7
^th
AUGUST 2003 I was on duty at Long Hanborough Incident Room when I removed from secure storage the following items for examination: –

1. Exhibit SK/2 CO-PROXAMOL BOX AND STRIP OF TEN TABLETS taken from Janice KELLY

2. Exhibit NCH/17/2 CO-PROXAMOL BLISTER PACKETS FRONT BOTTOM BELLOWS POCKET these had been removed from Dr KELLY’S coat pocket by the Pathologist.

On examining both items I saw that they were identical. They were marked M & A Pharmacy Ltd and had the wording CO-PROXAMOL PL/4077/0174 written on the foil side of each of the blister type packs.

I can say that enquiries have been made with M & A PHARMACHEM who are the manufacturers of CO-PROXAMOL. The batch number shown on the tablets in our possession was checked with a view to tracing the chemist that these tablets had been purchased from. I can say that this batch number relates to approximately 1.6 million packets of tablets that will have been distributed to various chemists throughout the country.

148. In relation to the question whether Dr Kelly took his own life the opinion of Dr Hunt was as follows:

[16 September, page 23, line 14]

The orientation and arrangement of the wounds over the left wrist are typical of self-inflicted injury. Also typical of this was the presence of small so-called tentative or hesitation marks. The fact that his watch appeared to have been removed whilst blood was already flowing suggest that it had been removed deliberately in order to facilitate access to the wrist. The removal of the watch in that way and indeed the removal of the spectacles are features pointing towards this being an act of self harm.

Other features at the scene which would tend to support this impression include the relatively passive distribution of the blood, the neat way in which the water bottle and its top were placed, the lack of obvious signs of trampling of the undergrowth or damage to the clothing. To my mind, the location of the death is also of interest in this respect because it was clearly a very pleasant and relatively private spot of the type that is sometimes chosen by people intent upon self harm.

Q. Is that something you have found from your past experience?

A. Yes, and knowledge of the literature.

149. Professor Keith Hawton was requested by the Inquiry to give evidence in relation to the death of Dr Kelly. Professor Hawton is an eminent expert on the subject of suicide and is the Professor of Psychiatry at Oxford University and is the Director of the Centre for Suicide Research in the University Department of Psychiatry in Oxford. He stated in his evidence that the majority of those who commit suicide do not leave a suicide note or message. He further stated:

Q. Did you form any assessment of whether Dr Kelly’s death was consistent with suicide?

A. I think all the information we have about his death and the circumstances of his death strongly point to his death having been by suicide.

Q. And what would you say drives you to that conclusion?

A. Well, the first thing is the site in which the death occurred. We have heard that it occurred in an isolated spot on Harrowdown Hill. In fact it was, as I think you have been told, in woodland about 40 or 50 yards off the track taken by ramblers. The site is well protected from the view of other people.

Q. Have you been to the site?

A. I have visited the site, yes.

Q. And what did you notice there then?

A. Well, I noticed, first of all – what struck me was it is a very peaceful spot, a rather beautiful spot and we know that it was a favourite – it was in the area of a favourite walk of Dr Kelly with his family.

Q. What other factors have you considered relevant?

A. The nature of his injuries is very consistent with an act of self cutting. The doctor – I have read Dr Hunt’s report , who is the Home Office forensic pathologist. I have also seen the photographs of the injuries to Dr Kelly’s body; and the nature of the injuries to his wrist are very consistent with suicide.

Q. Why do you say that? We have heard from some of the ambulance personnel who did not themselves see very much blood. We have heard from others who did see more blood. What is relevant here?

A. Well I am referring here particularly to the nature of the cutting which perhaps I would prefer not to describe in detail.

Q. Right.

A. But it—

Q. Perhaps you can just explain why you do not want to describe these matters in detail.

A. Well, one of the concerns I have is that there is now good evidence that reporting and portrayal of detailed methods of suicide in the media can actually sometimes facilitate suicide in other people.

Q. So it is perfectly obvious there are lots of members of the press here. If you had to say anything to them about the reporting of your evidence today, what would it be?

A. I think with regard to the specific method of suicide, I would prefer that that was kept as general as possible.

Q. For those reasons?

A. Yes.

Q. You have talked about the cutting. What else do you consider to have been consistent with suicide?

A. Well, the situation or the circumstances in which Dr Kelly’s body was found are consistent, in that he had apparently removed – his glasses were found by his body in a way – in a manner suggesting that they had been taken off by him, as was his cap; his watch had been taken off, was removed from the body.

Q. What does that indicate?

A. It suggests that he removed the watch to give him better access to be able to carry out the cutting.

Q. And was there anything else that you saw from the pathologist’s report that assisted you in your conclusion?

A. Well, the instrument that was used, which I have seen a photograph of, and the family, as you know, I think, have been shown a copy of a similar instrument, a large penknife – I will call it a penknife, but it is a rather primitive style of penknife – is very similar to one that he had in his drawer in his study, and it was one I think you heard yesterday he had had since his childhood.

Q. Yes.

A. When considering something like this, one obviously has to think about whether there could have been some other person or persons involved in the act, and the circumstances suggest that this was not the case.

Q. What, whether some third parties were involved in Dr Kelly’s death?

A. Yes.

Q. And what circumstances do you consider show that there were not?

A. Well, there were no signs of violence on his body other than the obvious injury to his wrist that would be in keeping with his having been involved in some sort of struggle or a violent act. There was no sign I understand of trampling down of vegetation and undergrowth in the area around his body. So that makes it highly unlikely that others could have been or were involved.

Q. We are going to hear from a toxicologist. Have you had a chance to read that report?

A. I have.

Q. Does that assist you in your determinations?

A. Well, we know that evidence was found in Dr Kelly’s body and also on his person of him having consumed some particular medication.

Q. Right. And what medication was that?

A. That is Coproxamol.

Q. And why does that assist in your determination?

A. Well, it in itself is quite a dangerous medication taken in overdose because it can have particular effects on both breathing and also on the heart rhythm.

LORDHUTTON: Just going back to the knife, Professor Hawton, you said it was very similar to one in his drawer. Now, we have been told, for very understandable reasons, that Mrs Kelly was not shown the knife. But when you say “very similar”, are you drawing the inference that in fact it was probably a knife that had been in his drawer, is that why you say “very similar”?

A. Yes, I am my Lord.

LORD HUTTON: Yes, quite. Thank you very much. Yes.

MR DINGEMANS: We were dealing with the toxicologist’s report. What do you understand the position to be in relation to that Coproxamol?

A. Well, I understand that the evidence found from blood levels and from the contents of Dr Kelly’s – in Dr Kelly’s stomach suggests that he had absorbed – he had taken approximately 30 tablets – I am sorry, the number of tablets is based on the number that were missing from the sheets he had with him.

Q. Right.

A. But that he had consumed well in excess of a therapeutic dose of Coproxamol and given the blood levels and the relatively small amounts in his stomach, although he had vomited, I believe you have heard evidence he has vomited, but this would suggest he had consumed Coproxamol some time before death.

Q. Does that assist you in determining whether or not any third party was involved?

A. Well, for a third party to have been involved in the taking of the Coproxamol would, I imagine, have involved a struggle. I mean if somebody was forced to take a substantial number of tablets, it is difficult to believe there would not have been signs of a struggle.

Q. That is a factor you have borne in mind?

A. Yes.

Q. Did you come, then, to any overall conclusion about whether or not Dr Kelly had committed suicide?