'Police blunders' mean parents of drug-addicted Rachel Whitear will never know how she died - official report

Pauline and Mick Holcroft today launched a stinging attack on Devon and Cornwall police who they accuse of destroying evidence vital to finding out exactly how Rachel died.

Their 21-year-old shop assistant daughter was found dead on the floor of her bedsit in Exmouth, Devon, with a syringe in her hand in May 2000.

The stinging attack comes as a  report by Wiltshire Police into the Devon and Cornwall Police today found a 'general organisational failure' on part of officers.

Rachel Whitear, 21, was found dead on the floor of her bedsit apartment in 2000

But it said omissions did not amount to a breach of the Police Code of Conduct by individual officers.

The couple claim Devon and Cornwall Police had not followed their own force policy guidelines that deaths which might be attributable to drugs should be treated as suspicious until proven otherwise.

They said in a statement: 'Evidence destroyed, paperwork and witness statements lost, lack of decisions, leaders and lack of direction and too many assumptions by Devon and Cornwall Police has meant the result of all this hard work has effectively got us little further.'

A jury at a second inquest in September last year, concluded Ms Whitear died from heroin intoxication, but was unable to say whether she injected herself or if she was alone when she died.

After the inquest Miss Whitear's parents criticised Devon and Cornwall Police, the coroner and the pathologist involved in the first investigation.

Chief Superintendent Paul Howlett, of Wiltshire police, said today: 'While their investigation had been able to provide new information about the circumstances of Miss Whitear's death, I very much regret that despite our best efforts some questions continue to be unanswered.'

The parents of 21-year-old Bath Spa University dropout Rachel have attacked the police over the investigation into her death

He said during the investigation it was found that potential lines of inquiry were not pursued.

One involved a missing tobacco tin which potentially indicated someone might have entered Rachel's house before her death.

The other was a change of account by her boyfriend, Luke Fitzgerald, about his last contact with her prior to her death.

'It has been assessed, however, that neither of these omissions amount to a breach of the Police Code of Conduct by individual officers, but do indicate a general organisational failure within Devon and Cornwall Police.'

'This is a view that is supported by the Independent Police Complaints Commission,' Mr Howlett said.

'It is evident that officers who attended the death scene did not believe it to be suspicious and there were valid reasons to support that conclusion.

"On this basis it seems to have been concluded by those concerned there was no immediate apparent reason why Rachel's death should have been treated as suspicious and therefore no reason why a Home Office pathologist should have been requested to attend the scene in compliance with force policy,'  he said.

He said the decision not to complete a post mortem on Rachel's body was made following discussion between the coroner of that time and a local hospital pathologist.

The first inquest in December 2000 recorded an open verdict with no cause of death established after no post mortem was held.

After Mrs Holcroft complained to Devon and Cornwall Police about the investigation, Wiltshire Police were appointed to reinvestigate the death.

Miss Whitear's body was exhumed from Withington churchyard in Hereford in 2004 for a post mortem and further tests and the High Court ordered a second inquest.

Luke Fitzgerald, who split with Miss Whitear the day before she died, told the second inquest he was not present at the time of her death.

He and his brother Simon were arrested on suspicion of being involved in Rachel's death, and a later bid to tamper with the death scene.

But the Crown Prosecution Service concluded there was insufficient evidence to justify criminal charges.

Mr and Mrs Holcroft said in a statement that there were a number of areas where they believe Devon and Cornwall Police had failed them and Rachel.

They went on: 'Critically there was no post mortem examination on Rachel's body.

'The pathologist stated he did not take a post mortem because of Rachel's potential HIV status.

'Why was this allowed to be an excuse not to carry out this vital examination that could have confirmed to us how Rachel died and if foul play was involved? Where was the coroner when this decision was made?'

'We are satisfied that the coroner at the time of Rachel's death acted negligently by failing to ensure a post mortem was carried out.

'He needs to come out of his ivory tower and be asked to account for his actions and lack of direction.

'And so we are eight years down the line and still not knowing how Rachel died but in particular if anyone else was involved in her death.'

The couple said the only thing they could say was that Rachel died from a drugs' overdose, but added: 'We will never know who administered that final dose and whether Rachel was alone when she died.'

Mr Holcroft said they had not given up trying to find answers and appealed to anyone who knew about Rachel's  life in Exmouth, including the relationship she was in, to come forward.

Devon and Cornwall Constabulary Assistant Chief Constable Paul Netherton said today in response to the findings of the IPCC investigation that no misconduct by officers had been identified.

He said the force had 'always been committed to ensuring a thorough investigation into the circumstances of Rachel's death'.

'We are sorry that Rachel's parents have had to suffer the anguish of a protracted investigation that must have been harrowing,' he said.

'We are also sorry that the absence of a post mortem means that they are left with unanswered questions which can never now be resolved.'

Devon and Cornwall Constabulary had referred the case to the Police Complaints Authority - now the Independent Police Complaints Commission - and paid the costs associated with the investigation since it began in 2003, supervised by Mr Howlett.

'We note that the report does not identify any misconduct by officers and contains no recommendations about amendments to our policies around drug-related deaths.

'However, since Rachel's death we have reviewed our policies in this area and have amended them to include the ACPO Homicide Working Group guidance regarding 'Investigating Drug-Related Deaths'.

'We have also changed our working practices to ensure that detectives leading an investigation are closely supervised by their immediate supervisor.

'However, we note that Chief Superintendent Howlett has confirmed that even if the original investigation had been conducted in a different manner there is no certainty that the outcome in our understanding of the circumstances of Rachel's death would be any different.

He said Mr Howlett found that the officers who attended the scene did not believe it to be suspicious for various reasons.

They included the absence of any signs of a forced entry to the house, the absence of any signs of a struggle in Rachel's room, the fact that there were no readily identifiable suspicious injuries on Rachel's body, and the drug-related paraphernalia supported the view that her death might be drug related.

Mrs Holcroft said at the news conference that Devon and Cornwall Police had 'failed miserably' in their investigation.

'I cannot imagine a death more suspicious than Rachel's,' she said.

She said she felt 'frustrated' by the process and said she wanted a 'full apology' from Devon and Cornwall Police.