Some
may wonder why an American writer would choose
a purely British colloquialism as the title of
his article. There simply could not be found a
better description of Lord Hutton's manipulation,
distortion and omission of evidence in his report
on the death of world-class microbiologist David
Kelly. But Hutton may have outsmarted himself
by providing information that will prove Kelly's
body was moved at least twice before police and
forensic investigators saw it.
Come
with us as we follow Hutton's tortuous path trying
to discount the testimony of Louise Holmes (and
Paul Chapman), the volunteers who found Kelly's
body. Numbers enclosed in parentheses are references
to items in Chapter 5 of the Hutton report where
Hutton comments and (very) selectively presents
testimony from published transcripts of testimony
at his hearings and/or excerpts from witness statements
and reports that are not available to the public.
In
(130) Hutton correctly characterizes Louise Holmes’
testimony saying, "She saw the body of a man at
the base of the tree with his head and shoulders
slumped back against it." (Keep this in mind because
it becomes crucial in two aspects of where Kelly
died.)
The
two volunteers started down a path on Harrowdown
Hill (where the body was found) to meet police
who were being dispatched from Thames Valley Police
(TVP) headquarters after being notified by Chapman
over his mobile phone. On the way they met three
uniformed police (not the ones being dispatched).
Chapman took one of them, DC Coe back to where
the body was. In (131) Hutton comments, "Mr. Chapman
showed Detective Constable Coe the body lying
on its back." Already, Hutton has moved the body
to its back. Chapman had testified at his hearing
that the body was "sitting up against a tree."
All
subsequent witnesses at the hearings (including
DC Coe) said the body was lying on its back (but
not in contact with the tree). In item (151) Hutton
tries to finesse a reconciliation of these contradictory
descriptions of the position of the body. He comments:
"In the evidence which I heard from those who
saw Dr Kelly's body in the wood there were differences
as to points of detail, such as the number of
police officers at the scene and whether they
were all in uniform, the amount of blood at the
scene, and whether the body was lying on the ground
or slumped against the tree. I have seen a photograph
of Dr Kelly's body in the wood which shows that
most of his body was lying on the ground but that
his head was slumped against the base of the tree
(emphasis added) - therefore a witness could say
either that the body was lying on the ground or
slumped against the tree. These differences do
not cause me to doubt that no third party was
involved in Dr Kelly's death."
The
photograph, to which Hutton refers, has never
been seen by the public or media. Hutton is very
careful not to say the back was on the ground
(there is a reason) and neglects to say the shoulders,
as well as the head, were slumped against the
tree. This photograph could only have been taken
by one of the volunteers who found the body and
could be the "smoking gun" that unravels the whole
suicide charade.
Hutton,
in (131) skips very lightly over the activities
and testimony of the two Police Constables (Franklin
and Sawyer) dispatched from TVP headquarters in
Abingdon who arrived about a half hour after Chapman's
call with the two paramedics (Vanessa Hunt and
David Bartlett) in tow. Although not included
in Hutton's report, all four testified Kelly's
body was lying on its back. Both Hunt and Bartlett
said the feet were facing towards them. PC Sawyer
said the body was "lying on its back with its
head at the base of a tree."
But
most significantly, and also not disclosed in
the report, is the fact that PC Sawyer took several
photographs with his digital camera before, during
and after the paramedics attended to the body.
When Hutton and Sawyer at one of the hearings
discussed the photographs, Hutton's only interest
was whether or not the photos showed Kelly's shirt
buttoned or unbuttoned!
A
simple comparison of Sawyer's photographs with
the one Hutton referenced should prove whether
his rationalization of the differences in testimony
is valid or if the head and shoulders were against
the tree as Holmes testified. If the photographs
show different positions of the body, the implications
are obvious. Kelly's body was moved during the
half-hour interval before the two constables and
paramedics arrived. It may be necessary for all
the pictures to be subpoenaed for that comparison
to be made.
There
is another reason Hutton has gone to such pains
to make it appear the body was found laying on
its back. Not discussed in the report is the portion
of the testimony of Dr. Nicholas Hunt, the pathologist
who performed the autopsy, where he discloses
discoloration on the back of the body (called
hypostasis, livor mortis, or post-mortem lividity)
indicates Dr. Kelly died while on his back. Hunt
also says the body was found on its back. Of course
Hunt did not arrive on the scene at Harrowdown
Hill until about noon, a good three and a half
hours after the body was found so he has no first-hand
knowledge of the position in which the body was
discovered. The discoloration appears on the lowest
parts of the body after the heart stops pumping
blood.
This
is a further complication for Hutton in that if
the body was found with its head and shoulders
against the tree, that means it was moved to the
tree after he had died and the blood had settled
to the back and where Kelly died has not been
established.
But
where Kelly died is not the only thing in question.
Dr. Hunt assigned the primary cause of the death
as bleeding caused by self-inflicted knife injuries
to the left wrist. He said one artery (the ulnar)
had been completely cut through while the artery
usually cut in suicide attempts, the radial (which
is much easier to reach), had not been touched.
Several
medical experts have come forward to challenge
that finding. In a letter released to the media,
three medical professionals, Trauma and Orthopaedic
Surgeon David Halpin, Dr. Stephen Frost in Sweden
who is a specialist in diagnostic radiology, and
a retired anaethesiologist in South Africa, maintained
that a completely severed artery would almost
immediately retract and limit the bleeding while
promoting clotting. They said they dispute that
Dr. Kelly could have died from the bleeding.
Support
came for that position Wednesday from Dr. Don
MacKenchnie who is head of accident and emergency
at Rochdale infirmary and chair of the British
Medical Association's accident and emergency medicine
committee.
In
a letter to the Daily Telegraph yesterday, Dr.
A. Peter Fletcher of Halstead, Essex (a retired
pathologist) derided Hunt's finding based on the
blood evidence described in the hearings. He said
about five pints of blood would have to have been
lost to cause death. "Anybody who has seen five
pints of blood spurted forcefully out of a severed
artery will know that there is one hell of a mess."
He concludes that, "Either Kelly did not die of
blood loss or it occurred at some place distant
from where the body was found."
Fletcher
closed by remarking, "A coroner has the power
of subpoena, witnesses give testimony under oath
and a jury is usually involved. Lord Hutton was
denied these requirements for his inquiry."
Oxfordshire
coroner Nicholas Gardiner has said he will make
a decision after a legally required 28-day period,
whether to reopen the inquest that was cut short
by appointment of the Hutton Inquiry. As this
writer said in an earlier open letter to the public
and media (published before the Hutton report
was released) if Gardiner does not resume the
inquest, color him part of the cover-up.
Past
Medium Rare articles back to October 2001 are
archived at:
http://www..worldnewsstand.net/MediumRare/Archives.htm
Topplebush.com
Posted: February 3, 2004
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