David Fuller: Independent inquiry into mortuary abuse criticised

A lawyer for families of the victims of necrophiliac murderer David Fuller said an inquiry into his abuses "has no teeth".

Fuller, of Heathfield, East Sussex, filmed himself abusing at least 100 bodies in two Kent hospital morgues over 12 years.

The 67-year-old also killed Wendy Knell and Caroline Pierce in 1987.

The criticisms came after an opening statement was released by the inquiry chair, Sir Jonathan Michael.

Plans for an independent inquiry were announced by Health Secretary Sajid Javid in November, and the scope of it outlined by Sir Jonathan on Tuesday morning.

He promised victims' families they will be "at the heart" of the inquiry.

He said the task facing his team was "challenging but vitally important" and vowed to work with sensitivity and compassion for all those "so horrendously affected".

However Ben Davey, of Dean Wilson solicitors, said: "The majority of the families that I represent feel the government is trying to sweep this under the carpet, with as little fuss as possible.

"They don't feel lessons will be learned, and they feel they are being ignored."

He claimed an independent inquiry was "inappropriate" because of its limited powers compared to a statutory public inquiry.

It cannot compel witnesses to give evidence and there are a number of "useful" witnesses who "are unlikely to give evidence voluntarily," he said.

"Essentially it has no teeth.

"It cannot carry out an appropriate investigation, or make the right recommendations to restore public confidence as to the way bodies are handled in hospitals and other settings."

A spokeswoman for the inquiry said non-statutory inquiries "work quicker than statutory inquiries and we can therefore make recommendations faster to ensure that lessons are learned, families receive the answers they need and deserve, and changes are made to prevent a recurrence of the atrocities committed by David Fuller".

Mr Davey went on to accuse the inquiry of not being independent, because of Sir Jonathan's former role as chief executive to a number of NHS hospitals.

Mr Davey added: "Clearly he's not the right person to do this, we say this should be a judge-led inquiry."

Warren Salter, from Salters Law, which is representing other families of Fuller's victims, said: "It is felt by the victims' families, that whilst their inclusion into the inquiry means that they can have a voice, it is a voice that will be heard by nobody, and in essence, a voice that will not have any real impact or relevance in this inquiry."

He said families "need to be heard in regards to the review and changes needed for the sentencing guidelines," saying "in the case of the youngest victim... Fuller received less than 18 months for the sexual offences against a child".

"It is not an independent inquiry as promised, due to the proximity of Sir Jonathan Michael's relationships with the NHS and this should be addressed immediately."

In his statement, Sir Jonathan said: "I am determined that my team and I will be objective and thorough in all our work."

The investigation will be split in two parts.

The first stage will focus on Fuller's activities in the Kent and Sussex Hospital and the Tunbridge Wells Hospital, while the second will look at the implications of his activities for the country as a whole.

The inquiry's spokeswoman said the investigation would focus on the offences for which Fuller was convicted dating back to 2008.

But she said if other relevant allegations or offences emerge, they will also be considered as part of the inquiry's work.

Sir Jonathan said: "No-one reading of David Fuller's acts and the fact that they happened in an NHS Trust's mortuary can fail to be horrified and distressed by them.

"We will provide an opportunity for those families and staff who have been directly affected by the actions of David Fuller to share their experiences and information with the inquiry in ways that are sensitive and supportive.

"This will be at the heart of how we approach the inquiry."

Patient safety minister Maria Caulfield said: "The independent inquiry chaired by Sir Jonathan Michael will help us understand how these offences took place without detection, identify any areas where swift action is necessary and consider wider national issues, including for the NHS.

"The inquiry will report to the Secretary of State for Health and Social Care. Its findings will be published and open to public scrutiny."

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