Appendix 1 A Personal Account of the Murders of Julia and Will Pemberton and the Subsequent Domestic Homicide Review

‘You are causing the police angst. You could lose the coroner his pension’.

I knew the man saying this to me on the telephone. It was only three months after my sister Julia Pemberton and her son Will Pemberton were murdered. It was not a threatening call but it was my first realisation that responding to tragedy by establishing what happened leading up to these horrific acts and using it to influence change was not necessarily a universally agreed first response. The caller later became a supporter of our enquiries. On the 18 November 2003, Alan Pemberton, Julia’s husband and Will’s father, fatally shot them both and then turned the gun on himself. My family was pressuring the authorities because this tragedy occurred despite my sister seeking assistance from Thames Valley Police. After the murders, my family campaigned for around five years to identify the actions and inactions of relevant agencies in the lead up to these murders. Three months after the tragedy, we had a meeting with the police which proved unsat- isfactory. Then we had an inadequate inquest from which vital information was withheld. There followed more meetings with the police at which they started to reveal more information but ultimately they would not accept that there had been system failure. We lacked confidence in their resolve to change. Eighteen months after the murders, in 2005, we secured a domestic homicide review, a pilot for the domestic homicide reviews (DHRs) anticipated in the 2004 Domes- tic Violence Crime and Victims Act and made law 13 April 2011. Five years after the murders, in November 2008, the publication of the Pemberton Homicide Review (PHR), revealed detailed findings, matching our thoughts that the bodies set up to protect us had failed. The Chief Constable of Thames Valley Police noted that her force had been criticised “in the strongest possible terms” (Letter, Chief Constable to Family of Julia and Will Pemberton, 5 December 2008). The review found that a “lack of strategic direction manifested itself in an inconsistent service approach depen- dent upon individual officers often ill-informed, isolated and poorly supervised

157 158 Appendix 1 or supported” and that “the provision of services to Julia and William as victims of domestic violence was undermined by a lack of individual and organisational competence that ultimately eroded the confidence of the victims they sought to protect” (Walker et al 2008:41). This acknowledgement of failure to protect Julia and Will followed many years of campaigning and this chapter is a fairly brief summary of that time. It was an important campaign and hopefully the DHRs that now follow will go some way to ensuring that lessons are not just learned but applied so that more of these tragedies are prevented. In September 2002, six years before this review was published, Julia told Alan, her husband of twenty years, that she wanted a divorce. Alan replied that he would decide whether or not the marriage was working and that if she left him he would kill her and take his own life. Julia knew that Alan would not accept a split. He had been very controlling and psychologically abusive for much of their marriage. Julia was clear that these threats to her life, made fourteen months before the murders, were very real and she believed Alan was capable of carrying them out. The following morning, Saturday, Alan ostensibly went to Spain for a few days. As soon as he had gone, Julia called me and told me of her fears and the threats. I went to Julia’s house straightaway and throughout that Saturday and Sunday we kept calling the police, making increasingly desperate attempts to get them to come to the house because we believed there was a real possibility that Alan might return at any time to carry out his threats. I was making the telephone calls asking for help, with Julia coming on the line at times too. No officer came to the house, despite promises to do so. It felt like a siege atmosphere as we triple checked that doors and windows were bolted. My family later discovered that the police command and control log (minute by minute record of police interaction with caller or of a ‘live’ incident) of that time, records that further calls from me, on behalf of my sister, need not be responded to fast time. Death threats can attract a lengthy prison sentence but the police did not take these threats from husband to wife seriously. Despite the Home Office recom- mending that all police forces develop a domestic violence policy in 1990, in 2003, Thames Valley Police did not have one. However, a few days later, a judge issued an injunction with power of arrest, ordering Alan (still in Spain) to move out of the house and to keep a certain distance from it. Many times during the next 14 months, Alan continued threats by text and phone to Julia. Each morning as she opened her front door she imagined Alan was in the bushes about to shoot her. I remember being in the kitchen listening to Julia describe her fear and her certainty that Alan would attempt to kill her. I felt a sense of outrage that these threats were causing her such terror, while the instigator remained free to carry on life without fear. This seemed so unjust and I wanted Alan to be challenged. In April 2003, seven months before the murders, Julia and William returned home from a weekend away to find the locks of the front and side door to the house glued up. Julia was distraught and phoned me and the police. I phoned the police too and told them of the historical, continuing and escalating threats. However, despite both of us having referred to the injunction and power of arrest being in place, my being given assurances that Alan would be interviewed, that a copy of the power of arrest had been lodged at Newbury Police Station and Appendix 1 159 the warning flag present on Force control room systems, no investigation was conducted. A few weeks later in May, a copy of Julia’s first affidavit to the court to get the original injunction, was posted through her letterbox. There were comments scrawled over it written by Alan and Julia was in no doubt they amounted to death threats. We were standing in the kitchen and Julia raised the document in the air and exclaimed ‘Frank, this means my murder is imminent.’ We both took the document to the police station. We felt extremely anxious and Julia was also very frightened. I made clear to the officer how important it was and I connected it up to earlier and on-going threats. After the murders, the documents were found in the archives. No investigation had taken place. Almost exactly six months before the murders, it is recorded in Julia’s diary of 13 May that William had remarked “Dad will never let us lead a normal life all this will end up with you being killed. Dad could even kill me.” However, Julia and me felt William was not at risk, but Julia was certain Alan would make an attempt on her life and wherever she went she would not be safe. In the following month, June 2003, a panic alarm was fitted in the house. A couple of weeks before the murders in November, Alan wrote to Julia asking that she contact him either directly or via William. Ten days before the murders, Julia reminded me that Alan was coming for her. My lack of understanding of risk was evidenced in my reply ‘He won’t do it while I am alive’. At around 3 a.m. on the 19 November 2003, my younger sister called me with the devastating news that Julia and Will had been shot. For a long time after, each day became a family conference informed by regular visits from the police family liaison officers from whom information came in dribs and drabs. We wanted to fully understand the inadequate police response to Julia’s calls for help, spanning the fourteen months following the initial threats to kill and including on the night of the murders. We were astounded to learn of a gap of nearly 7 hours between Julia calling 999 and police entering the house. We decided we needed a solicitor to help us and were fortunate to acquire the help of John Latham who greatly impressed with his knowledge and conviction around the role of the police and other public servants. John died on the 13 Jan- uary 2010 six years after I first met him. He had become a good friend and trustee of a charity AAFDA (Advocacy After Fatal Domestic Abuse – www.aafda.org.uk) I had established. My family’s efforts to get answers were supported by many friends, politicians, academics and organisations active in the domestic violence sector and eventu- ally resulted in a Domestic Homicide Review. The purposes of these reviews are to identify and apply lessons to help prevent domestic homicides and improve ser- vice responses for all domestic violence victims and their children (Home Office 2011). But first we tried a direct approach to the police. The following two paragraphs are from my second statement to the Pemberton Homicide Review and they show some of the difficulties we had in trying to get answers from the police. Although in my name, John Latham constructed it. “At the beginning of February {2004} I asked DI xxxxxx that he supply me with copies of all the relevant command and control logs. By letter dated the 16th February he informed me that he was not prepared to release this material. He said that they were the subject of public interest immunity. They contained 160 Appendix 1 sensitive information including tactical information and private information which would only ever be made available in an edited version on the direction of a high court judge. He said that this position had been checked and agreed by the force solicitors ....” It was never clear if this excuse from the police was genuine, but it was clear that they did not want us to have this information. My statement continues:

“On the 21st February I together with other members of my family attended Newbury Police Station. We met with a superintendent assisted by a detec- tive inspector. I recall three matters in particular. First, the detective inspector confirmed the force position with regard to the disclosure of command and control logs. He did not specifically refer to the matter of public interest immunity but rather said that if the material were to be disclosed then that disclosure could well put at risk the lives of officers and in particular firearms officers. Secondly and to my complete amazement, he said that in his view the Thames Valley Police domestic violence policy was a shambles. It was only at a later date that I was to learn that in reality there was no such policy but rather a series of ad hoc arrangements which varied between police areas. So far as Newbury was concerned the policy document could not be found. Thirdly he said his force was reactive not proactive in direct contradiction to Home Office guidelines.”

At this meeting, we presented the police with over 100 questions. Their response was defensive and initially inappropriate but they saw how serious and united our challenge was when we reminded them that these were the aggregated enquiries of members of a large family and several friends. Around this time, I spoke with the coroner who aspired to a fairly short inquest. We then became aware of his previous relationship with Alan through business and his position as a partner in the law firm representing Alan in the divorce proceedings. Although there is no suggestion that he wouldn’t have per- formed his duties properly, we felt uneasy and asked that he stand down. He declined so we indicated that if required, we would seek a court order that he do so. This became unnecessary when soon after, his jurisdiction ceased with a merger of areas and another coroner assumed the inquest. The new coroner arranged a preliminary hearing in May 2004. Our solicitor John Latham was clear in his advice that we should argue for the inquest to be conducted in line with the expectations of Article 2 (right to life) of the European Court of Human Rights. This requires the State to protect life and to carry out an effective investigation into certain deaths. That would mean that the inquest would examine more thoroughly events leading up to the deaths. With a large family and friends to consult and a short time in which to ensure the same levels of understanding it became too difficult to achieve consensus on this matter. The coroner made clear his inquest would be restricted to the events on the night. But, confusingly, he asked that the police domestic violence co- ordinator be a witness, which appeared to indicate he would want to examine events during the 14 months from initial death threats to murder. The inquest took place in Reading, Berkshire in September 2004. Soon after it started, all the family quickly reached the same conclusion that it was not what Appendix 1 161 we had wanted. As the coroner proceeded, a flurry of post-its containing question after question from family and friends landed on our solicitor’s table. I gave evidence and recall how disappointed I felt when counsel for the police remarked that the glued locks incident amounted to about £150 worth of dam- age. This was remarkable as it indicated that the police did not accept that such an act was part of a cumulative pattern of harassment and threats. One of the difficulties that victims face is that the criminal justice system, in part, sees and measures domestic violence as incident based. This approach can lead to those responding to calls for help, describing a victim’s response as hysterical as com- pared to the incident. But, the victim’s response, as argued by Stark (2007) and Hester (2006 and 2009) is to the years of cumulative abuse, comprising a num- ber of coercive acts over time. I offer that it is also a response to what the abuse promises for the future. We were angry with many of the coroner’s comments and it seemed to me that he did not know what could be expected of a police force receiving complaints about death threats and domestic violence. His comments as he concluded the inquest moved some of us to exit the courtroom in protest. He said:

‘But nothing it seems to me from the evidence I have heard could have pre- vented him doing what he did.’ Our MP at the time Julia Drown, in personal communication to us afterwards, commented, “Surely we can’t say she had to die” and “this is a recipe for doing nothing on domestic violence”.

It strikes me as utterly profound that a coroner can make such a statement and it not cause alarm bells to ring everywhere. Julia was rightly convinced Alan would come for her. Surely, we must expect to be able to protect individuals from those who make themselves and their deadly intentions known to police well in advance? It is good news that several years later following another domestic violence homicide, the same coroner evidenced a much greater understanding of the police role. Although in some circumstances inquests can be challenged many years later, the normal limit is three months. We were too tired and shocked to gather our- selves in that time and also lacked faith that the coronial system could deliver the penetrative enquiry we sought. At the inquest in September 2004, Thames Valley Police had not conceded any problems with its firearms policy, but just one week afterwards, it did. In October 2004, the Highmoor Cross report into the killings of two sisters and wounding of their mother in the same region in June 2004 was published. Both tragedies had attracted use of the same firearms policy and the Highmoor Cross report strongly criticised that policy (This is CS 34 from the sample of cases used). The follow- ing extract is from my second statement to the Pemberton Homicide Review as constructed by John Latham:

“It {Highmoor Cross report CS34} identified significant failings in terms of command and policy. It stated that Thames Valley’s policy for dealing with firearms incidents was to be regarded as inadequate and over cautious as a policy to deal with spontaneous firearms incidents, its ethos being the 162 Appendix 1

elimination of the risk as opposed to its management. I regard the date of publication to have been deliberate.”

I later heard a senior Thames Valley police officer testify at the Highmoor Cross inquest that he was aware of problems with the force’s firearms policy within days of the Highmoor Cross tragedy in June 2004 three months before the Pemberton inquest. In other words, this extra knowledge that Thames Valley Police had about their inadequate firearms policy was available but not presented at the Pemberton inquest. Even without this knowledge, it was surely apparent from my family’s tragedy that this firearms policy was flawed. During my sister Julia’s 16 minute long 999 call she was given assurances of immediate help while at the same time the police command and control log recorded “No units to attend”. We don’t know if this meant that no units were available to respond or that they should not go to the scene but we later learned that the policy did not include officers going to the immediate assistance of the victim. We know that there was no intention of armed officers going straight into the house despite the assurances my sister was being given. The firearms policy required officers responding to incidents involving firearms to first go to a rendezvous point from where their next steps were to be determined. In both the Highmoor cross case and my family’s, determination of the next steps took an inordinate amount of time. Alan had drawn Will out of the house while Julia was initially unaware of the danger. The PHR found that Will tried to protect his mother as he tried to stop Alan from entering the house; and that his life could not have been saved (Will posthumously received an award for bravery from the Royal Humane Soci- ety). Evidence from a neighbour, at the inquest, indicated that the last shots were heard around 29 minutes after Julia had called 999. The PHR concluded that an armed response would not have saved Julia but it also concluded that in the six hours and thirty seven minutes between Julia calling the police and them entering the house “ ...the status of Julia and Alan was unknown” (Walker et al 2008), i.e. nobody knew if Julia or Alan was alive, dead or wounded and in need of help. The unsatisfactory inquest left us with more unanswered questions. The police who had said they would not meet us again before the inquest, now agreed to sev- eral meetings in the months leading up to Christmas 2004. However, the Chief Constable would not meet us and his office appeared to lose two letters from our MP. Several times we met a superintendent who was the silver comman- der (firearms response teams have a hierarchy of command, bronze, silver and gold) on the night of the murders. Sometimes we met him with our solicitor, on another occasion with our MP and the MP for Newbury where the tragedy took place. The superintendent was very honest at these meetings as my second statement constructed by John Latham notes:

“ ...... there had been significant failings amongst the uniformed staff, many of whom lacked basic policing skills. These circumstances almost exactly mirrored the events which had occurred leading to the murder of Rana Faruqui some four months prior to the deaths of Julia and William. It was not until after the command and control logs in our case were released and I read “no units to attend” that I began to fully appreciate the significance of the Highmoor Cross report ...June 2004. “ Appendix 1 163

The revelations about the flawed firearms policy and inadequate responses to the reporting of domestic violence and death threats meant we needed assurances that this force would change. We then met the Deputy Chief Constable (DCC). The DCC did not seem to accept the seriousness of the failures describing them as ‘shortfalls’. This left us convinced that we needed a public finding to provide an impetus for institutional change. Our MP suggested asking for a domestic homicide review a vehicle for change then being mooted as part of the Domestic Violence Crime and Victims Act 2004. In 2005, we met Home Office minister Baroness Scotland who agreed that we should have a review, forming a pilot for the legislation. We began to discuss the terms of reference with the West Berkshire Safer Com- munity Partnership (WBSCP), which had responsibility for setting up the review. Following significant disagreement, the discussions moved to the High Court where in 2006, Lord Justice Moses rejected my family‘s views concerning the lack of independence of the members of the panel and concluded that the terms of reference provided for the involvement of the family. He noted with regard to the matter of Article 2: “...in my view the review, in combination with the inquest, which has already taken place, will fulfil any obligation, which may exist under Article 2 upon the State to initiate an inquiry” (Walker et al 2008:8). Inquiries that are compliant with Article 2 of the European Court of Human Rights are independent, effective, held promptly, include public scrutiny and appropriate involvement of the next of kin. During this time we requested minutes of the WBSCP meetings under the Free- dom of Information Act as we felt that this partnership was not engaging with us as we would have liked. We discovered that the minutes included the comment ‘this family needs to be treated robustly’. We were disappointed as we had hoped to see something like ‘we should work closely with this family as they may have some insights and knowledge that might help us to protect other people.’ In hindsight, I can see the members of the partnership had no homicide review experience and were having difficulty accommodating my family and other sup- porters pushing them to develop an inquiry which would be comprehensive, thorough and fearless. I had researched responses to these tragedies in America and Canada and it seemed to my family that we were simply arguing for some- thing already being done elsewhere. Not meeting these expectations would feel like the bodies established to protect us were failing. In January 2007 I met the panel (the Chair, Mary Walker of Verita; Jim Gam- ble, a chief police officer; and Christine Mann, an expert from the Department of Health), to discuss the process and potential witnesses for the review. Christine Mann retired before the review was completed and was replaced by the late Margaret McGlade. It was important that the family and close friends of Julia and Will be afforded opportunity to contribute to this review. The Chair of the panel also approached family and friends of Alan. We sent the panel a list of persons who we thought should be approached including the coroner and Alan’s business partner. The panel started taking evidence in March 2007. The Chair was unsure if the coroner would participate but we urged her to invite him. He met the review panel and also submitted written evidence, both events being good examples of a review having, what the director of the National Domestic Violence Fatality Review Initiative, Arizona, Professor Neil Websdale described in personal communication to me, as a “wide angle lens.” 164 Appendix 1

Alan’s business partner was interviewed and he and Alan’s former secretary submitted written evidence. Alan had told his secretary that he would threaten to kill his wife. He accessed a web-site called “Howtomurdersomeone.com” on his work computer, something I discovered after the tragedy. We felt that the contribution of work colleagues was important if we were to maximise potential to spot intervention opportunities for the future. Victims and perpetrators were likely to disclose significant information in their places of employment which Julia and Alan did. Identifying these disclosures might help inform attempts to educate employers on for example, recognition of risk factors indicating potential for escalation to extreme violence. Many of Julia’s thoughts also informed the review via her court submis- sions, personal notes and diary entries. Some of Julia’s friends were interviewed by the review panel and some of Will’s submitted written contributions too. In personal communication to me, those prominent in the domestic violence sector have emphasised the importance of input to the reviews of friends of the victim. They said that some victims tell their friends earlier and more about their abuse than they do their families. Many of Alan’s thoughts, expressed in various communications to family members, also informed the review. Members of my family gave evidence in a number of interviews and submitted written statements. I was interviewed several times and input three statements to the review. My interviews were usually over several hours and examined events pre and post tragedy in some depth. They were transcribed, the transcript and tapes being sent to me with an invitation to make comments, additions etc. These interviews were intensive and required much effort as I had to convey to this panel evidence, thoughts, views and theories that would help them shine the brightest possible light on why my sister and nephew were murdered despite the police being informed a number of times about threats and there being no difficulty in locating the perpetrator. I cannot stress enough the value of family involvement to this review. Without that deep and personal knowledge being imparted, I suggest it would have been difficult to get comments in the review like:

“In the C&C {Command and Control} log it is recorded by Sgt A that at times Julia equivocated; we consider that as a victim of coercive psychological and emotional abuse this was understandable and should not have influenced the police response. It is apparent that Sgt A did not recognise that a crime had been committed, nor indeed the need to investigate the circumstances further. In the absence of any attempt to capture evidence or of any active considera- tion of the veracity of the potential threat posed by Alan and the risk faced by Julia, Sgt A advised his colleagues on 15 September that if C5 {victim’s brother} contacted the police again incidents did not need to be dealt with ‘fast time’.” (Walker et al 2008:79)

The review panel helpfully identified time periods spanning before and after the tragedy and split out the report to provide the expert analysis after each time period. Three independent experts were consulted by the panel: Davina James- Hanman, Director of AVA (Against Violence and Abuse); Roxane Agnew-Davies, psychologist and responsible for a large-scale study of victims of domestic Appendix 1 165 violence; and Dr. Carolyn Hoyle, reader in criminology at Oxford University. Other experts gave assistance too particularly in helping me to understand the structure and objectives of a worthwhile review. I frequently consulted Professor Neil Websdale and to a lesser extent, Professor Peter Jaffe (University of Western Ontario and Academic Director of the Centre for Research and Education on Vio- lence Against Women and Children) and Professor Jacquelyn Campbell, PhD, RN, FAAN –, Johns Hopkins University School of Nursing. Including family and friends helped produce a review that Professor Neil Websdale, described thus:

“The Pemberton Homicide Review constitutes a landmark achievement in the field of domestic violence fatality or homicide review. It is meticulous in its approach, honest in its conclusions and forward thinking in its recom- mendations. As such, the review sets a gold standard in terms of its detailed appreciation of the complex issues in domestic violence cases and its pressing calls for agency accountability and interagency liaison.” (Hansard, 2009)

Family and friends were able to provide a level of detail unavailable from else- where. For example, we sourced from the service provider, records of telephone calls that Julia had made to the police and noted in her diary. The review panel acknowledged that sourcing these had enabled their deeper enquiry. The telephone records showed calls between Julia and the police that shed more light on the system failures. The police had not provided these records. I don’t think that was a deliberate act on their part. It seems likely that it reflected the extent to which they were prepared to probe being less than my family’s. But it also highlighted that their record keeping on domestic violence cases was inadequate. Julia’s diaries also showed the relentless nature of threatening contacts from Alan; the frequency of these being highest in the first four or five months after Julia asked for a divorce. Involving those who knew the victim best means we can get closer to under- standing what life is like for those suffering abuse and this in turn may increase our understanding of intervention opportunities. As one Chair of another homi- cide review personally communicated to me, without the input of family it would have been a very ‘thin review indeed’. Professor Campbell, the author of the dangerousness questionnaire used so extensively in America, wrote, in personal communication to me:

“In domestic violence cases, it is often only family members who know of the existence, the extent and nature of any prior domestic violence. Family members have information about the incident, but more importantly this his- tory of domestic violence in the case which gives information about the risk factors for homicide that may have been present .... Therefore, it is crucial that family members be involved in fatality reviews – otherwise this infor- mation will be lost. Their insights are critical in determining what the system response could have been, but the information will never come to light unless family members are specifically queried about these details. There is often 166 Appendix 1

much information that was not ascertained prior to the homicide that was available to those involved if they had known to ask about potential risk fac- tors. In other words, it is not just the actions that were or were not taken with the information at hand, but what information was available that was NOT ascertained because people in the system did not know to ask about impor- tant factors that could have alerted the system that this was a particularly dangerous case.”

In personal communication to me, Professor Websdale has stated that the biggest single development in the American fatality review movement in the last five years has been family involvement. Including family and friends also brought some emotion to proceedings. I have often heard public servants in this sector, talk about the need for objectivity in decision making. I understand this, but as an approach, it has limits. Faced with a hungry child, we are easily moved to help simply because of the emotional proximity. But for many reasons, we don’t then try to give money to all the hungry children we haven’t seen but know must exist. We can be objective from a distance but taking this position may also mean that we fail to identify the true needs. I suggest that, sometimes, service providers may use objectivity too early in the process. They need to experience emotion first and it should be present in homicide reviews. At a very simple level, that might take the form of photographs of the deceased on all the paperwork. Meeting families bereaved in these tragedies can help reviewers to appreciate and engage with the huge emotional toll of domestic violence. Professionals shouldn’t miss the opportunity to inform their thinking so powerfully. It can help them see the tragedy through the victims’ eyes so they can see the decisions and compromises the victim made. A strong theme of fatality review development in the US is that until this perspective is taken effectively, public bodies may still design services based on what they believe they can offer rather than what is required. Family members may bring a persistence not easily acquired by others but necessary to ensure the story of the deceased is told in sufficient detail so that the conclusions drawn to inform future service provision are accurate. It took five years in my family’s case and a great deal of effort to ensure the details were sufficiently illuminated. It is important that homicide reviews identify and understand the perspective of the perpetrator too. One study found that “for the most part, the murders they committed were neither random nor spontaneous” (Adams 2007:251). We should also consider the needs of domestic homicide review team mem- bers. They may find the work to be a challenging experience. Their line managers should ensure they are supported and are ‘freed up’ to be creative and to chal- lenge the status quo. These reviews are not about attributing blame but honestly and fearlessly identifying and implementing actions which will save lives and allow many others to escape abuse. The review team probed the activities of three agencies: the school, the Pri- mary Care Trust and Thames Valley Police. But it was the actions and inactions of the police that attracted the main attention of the panel. Although the review Appendix 1 167 was framed as an attempt to gather learning to prevent future tragedy, there was difficulty accessing some officers. If the bigger win is to access the truth, we may need to consider that future reviews will need to find a way to help offi- cers disclose information. In some American states, this is achieved by statute giving protection from legal action. Professor Neil Websdale, in personal com- munication to me has argued that ‘the reviews that produce some of the most profound changes in agency behaviours are those that are shrouded in no blame philosophies.’ The Pemberton Homicide Review report was published on 25 November 2008. It presented very clear and serious findings which are bringing pressure to make change. Unlike the inquest, this report left us feeling all of our questions had been addressed. The Chief Executive of West Berkshire Council did not want my family present in the same hotel as him and his colleagues as he presented the report to the Press. Had we not overcome this challenge, it would have denied the review findings the publicity we felt was important, as media attention would have been diluted, being split over two sites. Soon after the report was published we received a response from the police which just responded and inadequately so, to the recommendations in the review. This was not going to be enough as the recommendations were quite high level and the report had highlighted hugely significant problems with spe- cific aspects of policing like supervision. Following a request from the family the police developed and shared with us an enhanced action plan in response to the review. But we did not think the plan would resolve all the big problems the review found. My family analysed the police action plan and identified areas for improvement which our MP asked to be given due weight, in a debate she raised in Parliament. A form of justice for our family was that agencies applied real effort and resources to achieve changes that many, not just my family, were campaigning for. We still meet the police regularly to offer challenge. Less frequent meetings occur with West Berkshire Council but I am in regular correspondence with that body and the Primary Care Trust too. It is fair to say that we are witnessing real attempts to improve responses to victims of domestic violence. Thinking about Julia’s certainty that an attempt would be made on her life always makes me shiver because it seems capable of explaining why some vic- tims commit suicide perhaps taking a form of control not easily denied them. One study of England and Wales found that five hundred women who had expe- rienced domestic violence in the last six months committed suicide every year. Of those, just under two hundred attended hospital for domestic violence on the day they died (Walby 2004). But Julia did think she had some chance of surviving. It seems possible to me for rational persons to simultaneously believe an attempt will be made on their life and to live out an aspiration to full freedom while knowing their tor- mentor is fully informed of their whereabouts. It could also be that the victim’s fear and strength see-saw on a daily, hourly, maybe constant basis, reflecting the pressures of living with a real threat to life. This tense and seemingly contradic- tory position is an important reason why we should see these tragedies through the eyes of the victims and perpetrators. It might help us to appreciate the 168 Appendix 1 complexity of these situations and to design and develop services to keep more people safe. Since I have been studying domestic abuse two findings have struck me most profoundly, they being its gendered nature and prevalence. The gendered nature of domestic violence should inform those designing and providing services for the abused. Mainly, it is men who track and kill women (Websdale 1999). This is not to underestimate abuse of men. All abuse is wrong. It seems that although men do fear their female abusers, it is believed that the number of men experiencing serious physical violence and fearing for their lives is much lower than with women. Perhaps also, men’s options for escape or independence are different to women’s. It seems that typically, men are not clamouring for refuge space. Because some acts of coercive control, a type of abuse perpetrated primarily by men on women (Stark 2007), do not attract criminal justice responses, it is critical that others, in the statutory and voluntary sector and among family and friends work together to help women either remain safe in these relationships or find permanent ways out of them. Even when the criminal justice system is activated it is not configured to truly protect and release women from fear, control and violence. We need to light up escape pathways to encourage individuals to believe that there are routes out of lives blighted by domestic violence. But, I am not sure those pathways to permanent safety, freedom and self actualisation have yet been created for enough people so we should listen to the individuals experiencing domestic violence. They can tell us what services they need. One requirement will certainly be a willingness to fund services. Current funding on services including special measures in court, multi agency risk assessment conferences (MARACs), independent domestic violence advocates (IDVAs), specialist domestic violence courts, refuges and other accommodation is simply woeful particularly compared to spending on anti-terrorist measures. It seems that victims of intimate partner violence simply don’t rank high enough in the funding priority tree. Law enforcement agencies sometimes bemoan that victims do not support prosecutions but we surely do not have a right to expect victims to support them unless society is providing proper protections for those victims. Why should police officers just expect victims to believe the police can protect them? The police have made great strides in recent years but they need to stride further. Some police are not adequately trained; some do not conduct professional inves- tigations or keep good records; some do not have or wear body video kit. This equipment is capable of capturing scene setting as well as excellent corroborat- ing evidence. Why would any woman who has survived in the company of an abusive partner for many years, entrust her safe-keeping to the first police officer on the scene? It seems likely that it would help if she was assured of that offi- cer’s competence, availability of force back-up and society’s willingness to fund services which go on delivering way after the criminal justice system has filed the case. Often when the importance of partnership working is stressed, the names of agencies like police, local authority and medical practitioners are mentioned. But it should include coroners too. Deaths often occur when the violence is allowed to escalate because the victim cannot stop it, agencies do not recognise it, do not know how to intervene or fail to act in line with their policies. Coroners can help to reduce the number of these deaths by ensuring their enquiries are adequate Appendix 1 169 and then by using their narratives delivered at the end of the inquest to highlight system failures. They can also conduct enquiries which delve deep enough to reveal underlying causes of for example suicides. This can help produce accurate data on deaths resulting from domestic violence. Community groups can also help to protect victims of domestic violence. The church has special opportunities and facilities and a clear responsibility. Its minis- ters and assistants should focus on safety for example by providing a secure place to disclose abuse. They can support and re-assure non judgementally and pro- vide religious guidance supporting non abusive ideals, information and referrals to specialist agencies. A church representative advised me that Julia, Will and Alan’s funeral should be together. This would reflect the importance Christianity attached to forgive- ness. But it’s possible that this could have sent a difficult message to those in the audience experiencing domestic violence of which there would surely have been quite a few given the attendance of over one thousand people – could that message have been something like – You can escape your abuser in this life but you will meet that individual again in the next one, and by the way, that is for eternity. Forgiveness is important in the right context and timing is crucial too. It should include some form of justice making happening first and should not necessarily lead to couples re-uniting. But a joint funeral could also have been interpreted as the church not supporting separation of married catholics which canon law certainly allows for when those marriages include domestic violence. The public need better information too as family, friends and community members will often be the first to know about the domestic violence but the least informed on how to counter it. Understanding of the red flags that indi- cate some likelihood of escalation to extreme violence would be a good start. In England and Wales, MARACs are convened regularly to plan the safe-keeping of victims thought to be at highest risk. When my family discussed the danger, we were acting as a crude form of MARAC, only we were uninformed, had no powers and had limited access to resources. Neighbours can help too because as Adams says “Due to their proximity, they are potentially the most well positioned to help the victim of abuse” (2007: 263). Recommendations of the Domestic Violence Death Review Committee in Ontario Canada, addressed some of these concerns. Marcie Campbell of the Centre for Research and Education on Violence Against Women and Children in Ontario, Canada, in personal communication to me, said that in Ontario, there has been considerable progress made in the field of domestic violence partly in response to these recommendations. Marcie continued:

“There are so many cases where family, friends, and co-workers know about the abuse that is occurring but do not know what to do to stop it or help the victim. The Neighbours, Friends, and Families campaign in 2006 http://www. neighboursfriendsandfamilies.ca/ was created as a direct result of recommen- dations the committee made in our annual reports. This campaign addressed the need for public awareness and education by developing & providing edu- cational materials about domestic violence to all communities and provided strategies for effectively intervening with victims and perpetrators to reduce the risk of lethality and enhance safety. We have also made recommendations 170 Appendix 1

that education for the public should also include how victims can separate safely.”

Health professionals are continually meeting individuals being abused and per- petrating abuse. Sometimes the abuse is not overtly presented and may be the underlying cause of the symptoms being discussed. Health professionals are in a position to intervene. They should understand risk factors and learn how to recognise domestic abuse in all its forms. And, they need to be able to refer victims to an advocate service that can help the victim become free of abuse. Any- body in authority meeting those suffering and perpetrating domestic violence, making decisions regarding resources to counter it and sitting in judgement of perpetrators simply must have at least a reasonable understanding of this afflic- tion. The prevalence, particular dynamics and tragic consequences of domestic violence demand no less. I find it discouraging that many official reviews of tragedy, despite revealing that the victim sought help of agencies, often conclude at the beginning of their reports that the tragedy “was not preventable”. This conclusion is unhelp- ful, it being capable of making us feel impotent in the face of those who wish us harm. It would seem much more useful to conclude that had the services been fully resourced and trained, and opportunities been taken the tragedy may well have been prevented. Instead, those reading the review are faced with language that seems defensive, perhaps designed to thwart potential legal action. Domestic Homicide Reviews should be exercises in humility where participat- ing agencies are not defensive but open, thorough, brave and honest. Review team members ought to be willing and supported to make an emotional invest- ment in their work so it is an experience rather than an act of process. Reviews will achieve greater success by having a broad outlook that includes develop- ing an understanding of the lives of the deceased and shining a light on the interactions the deceased had with others. Those conducting the review have the opportunity to improve our systems so more lives are saved and many victims of abuse are helped not just to escape but to achieve self actualisation too. There is no room for complacency and timidity in these reviews. It took a great deal of time and physical and mental effort for my family and friends to secure a meaningful review which is leading to change and to ensure the review was well informed. But it shouldn’t have. I spent a great deal of my time at work on these activities. This included sourcing evidence, liaising with academics and practitioners in England, Canada and America, working with media and negotiating with the review commissioners and panel. Although I had supportive managers, I often had to work long hours to keep myself employ- able. The crunch came about nine months before the review was published. I had secured two promotions during the campaign but the demands of the job were about to cause me to take my foot off the review pedal so I left under redundancy. I then set up a registered charity AAFDA (Advocacy After Fatal Domestic Abuse – www.aafda.org.uk). Its activities include helping other families after these tragedies, influencing policy and practice on fatality reviews, working with agen- cies to improve their approaches to preventing domestic violence and raising Appendix 1 171 awareness of this affliction in the wider community. AAFDA has significantly informed the guidance issued by the Home Office for use by local areas when set- ting up and conducting domestic violence homicide reviews (Home Office 2011). AAFDA has also written leaflets that are made available by the Home Office, for use by families and friends of the victims because we need to hear their voices. I was appointed to the Home Office Group that will provide quality assurance for these reviews nationally. Historically, many see male perpetrators of intimate partner homicide as exert- ing ultimate control or reacting to power and control ebbing away. Another sees a role for “humiliated fury” (Websdale 2010:140). Professor Websdale, in personal communication to me, described this as being the “coalescence of shame and rage within the context of a man perceiving that he has failed to perform his gender role.” He contends that risk assessment on an actuarial basis has limitations, not least because of the “ ...haunting presence of the inexplicable ...” (2010:277). He warns that many of those interested in preventing abuse are focusing their efforts too near the end result and not on the environmental conditions that may cause it. Websdale’s conclusions appear capable of helping us to broaden our understanding and hopefully improve our approaches to trying to prevent these homicides. It seems to me that Alan could not envisage a future in which he lived a happy life unless it included him being with Julia. But, he also wrote that he needed revenge too. It seems that he could not fully recognise his part in the relationship breakdown. If it is possible to help some individuals to stop committing domestic violence, then we should welcome further investment to achieve that.

References

Adams, D. (2007) Why Do They Kill Nashville: Vanderbilt University Press Campbell, J. (2006). The importance of family input in domestic violence fatality reviews. Speaking Up, Volume 12, Issue 4 Campbell, J – (2006). Personal communication to Frank Mullane, Johns Hopkins University School of Nursing. Campbell, M – (2011) Personal communication to Frank Mullane, Research Asso- ciate, Centre for Research and Education on Violence Against Women and Children, Faculty of Education, University of Western Ontario Hester, M. (2006) Making it through the Criminal Justice System: Attrition and Domestic Violence’, Social Policy and Society, 5 (1): 79-90, 2006. Home Office – Multi-Agency Statutory Guidance For The Conduct Of Domes- tic Homicide Reviews http://www.homeoffice.gov.uk/crime/violence-against- women-girls/domestic-homicide-reviews/ National Domestic Violence Fatality Review Initiative http://www2.nau.edu/ ndvfri-p/ Snelgrove A (HC Deb, 17 June 2009, c95WH) Stark, E. (2007) Coercive Control, How Men Entrap Women in Personal Life, New York; Oxford University Press Walby, S. (2004) The Cost of Domestic Violence Women and Equality Unit available online at: http://www.lancs.ac.uk/fass/sociology/papers/walby- costdomesticviolence.pdf 172 Appendix 1

Walker M, McGlade M, Gamble J, (2008) A domestic homicide review into the deaths of Julia and William Pemberton; a report for West Berkshire Safer Communities Part- nership, West Berkshire Council Available at: http://www.westberks.gov.uk/index. aspx?articleid= 16085 Websdale, N (1999) Understanding Domestic Homicide, Northeastern University Press Websdale, N (2010) Familicidal Hearts, The Emotional Styles of 211 Killers, New York; Oxford University Press Appendix 2 Case Studies Used

December 2003–December 2004 in chronological order:

1. Audra Bancroft – 8 December 2. Geraldine Paxford – 9 December 3. Gemma Horstead – 16 December 4. Chris Stephens – 22 December 5. Lisa Higgins – 24 December 6. Clare Mace – 24 December 7. Catherine Campbell – 25 December 8. Louise Beech – 29 December 9. Christine Longworth – 1 January 10. Constance Fish – 2 January 11. Melanie (Crumpton) Elsbury – 4 January 12. Susan Peters – 9 January 13. Julie Borrowdale – 11 January 14. Mandy Hardwick – 16 January 15. Emily Bates – 24 January 16. Azmat Bismal – 25 January 17. Anupama Damera – 1 February 18. Sheila McStay – 1 February 19. Joanne Catler – 4 February 20. Anne Jalland – Disappeared on February 6th her body has never been found. 21. Irena Pearson – 13 February 22. Debbie Hodgkiss – 14 February 23. Melanie Horridge – 27 February 24. Karin Brookshaw – 10 March 25. Odell Rowlands – 18 March 26. Tania Moore – 29 March 27. Sally Rose – 9 April 28. Stacey Trainor – 26 April 29. Bharana Krishna Namoonty – 30 April 30. Bronwen Jones – 14 May 31. Sarah Jane Dudley – 16 May

173 174 Appendix 2

32. Hayley Davenport – 19 May 33. Nicola Finch – 21 May 34. Vicky Horgan – 6 June 35. Tae Hui Dalton – 7 June 2004 (this date is now questioned and police believe she was probably killed around 22nd May) 36. Nyarai Nyamatanga – 16 June 37. Hazel Dix – 19 June 38. Anna Duncan – 3 July 39. Susan Carr – 7 July 40. Jacqueline Johnson – 18 July 41. Claire Sanderson – On or around 10 July 42. Janet Courtney – 19 July 43. Natalie Jenkins – 31 July 44. Kerry Edwards – 31 July 45. Abigail Rowan – 1 August 46. Nusrat Ali – 16 August 47. Adele Corpe – 21 August 48. Barbara Dhillon – 4 September 49. Lorraine MacDonald – 14 September 50. Ann Edwards – 24 September 51. Christine MacCowan – 22 September 52. Margaret Gardiner – Disappeared on 4 October her body has never been found. 53. Natalie Cox – 4 October 54. Pauline Jones – 8 October 55. Nicola Johnstone – 10 October 56. Vicky Reay – 17 October 57. Julie Harris – 19 October 58. Linda MacDonald –20 October 59. Ela Maisuria – 22 October 60. Paula Owens – 22 October 61. Amanda Lewis – 24 October 62. Mary Crilly – 31 October 63. Jenni Gordon – 15 November 64. Mandy Skedd – 22 November 2004 65. Jeanette Willsher – 23 November 66. Valerie Page – 24 November 67. Margaret Lyon – 27 November 68. Alison McNally – 27 November 69. Maria Jones – 2 December 70. Margaret Wood – 2 December 71. Lisa Price – 5 December 72. Sheila Tailor – 10 December

Other cases discussed:

73. Julia and William Pemberton – 18 November 2003 74. Claire Oldfield-Hampson – On or about 25 September 1996 75. Clare Bernal – 13 September 2005 References

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AAFDA, 6, 15, 130, 147, 159, 170, 171 Domestic Violence, Crime and Victims accident, 3, 30, 36, 78, 96, 106, 112, Act 2004, 5, 22, 33, 157, 163 114, 115, 148 domestic violence fatality reviews, 5, anger, 4, 13, 58, 63, 79, 91, 98, 106, 33, 163, 165, 166, 170 123, 126, 143 domestic violence myths, 9, 10, 30, anti feminist rhetoric, 28 79, 85 domestic violence register, see battered woman syndrome, 7 dangerous persons register/repeat Bellfield, Levi, 6 offenders register Bernal, Clare, 147 Dowler, Milly, 6 Bird, Derrick, 65 drunk/drunken, 68, 91, 92, 94, 96, Blair, Cherie, 68 129, 131, 151 Brown, Chris, 67 Duluth wheel of power and control, 57 Brown Simpson, Nicole, 83, 85, 86 equal battle, 96, 149 evil, 12, 91, 114, 119, 120, 121, 122, Clarkson, Lana, 67 125, 134 coercive control, 9, 15, 17, 27, 30, 38, evolutionary psychology, 44, 51, 76, 41, 49, 55, 81, 82, 138, 141, 148, 106 149, 168 complicit/complicity, 1, 14, 47, 93, 94, Fahy, Peter, 8 140, 143 familicide, 3, 32, 82, 105, 106 concealing a death, 96, 115, 116 Femme Covert, 12 conjoint therapy, 57, 58 Forced Marriage (Civil Protection) Act coroners, 10, 111, 112, 137, 139, 146, 2007, 51 147, 153, 157, 160, 161, 163, 168 Foster, Christopher, 3, 4 crime of passion, 71, 155 Foucault, Michel, 52, 74–77, 139 crime passionel,44 frustration, 8, 52, 77, 79, 105, 110 Crossbow Cannibal, 65 Gascoigne, Paul (Gazza), 67 dangerous persons register/repeat gender symmetry, 3, 26–29 offenders register, 8, 70, 130, 133 Goldman, Ronald, 67, 69, 70 DASH, 35, 36, 147 debt, 3, 106 Harman, Harriet, 33, 39, 112 depression, 10, 13, 33, 38, 44, 63, 82, homicide service, 5, 6, 34 99, 101, 107, 124, 144, 153 humiliation, 77, 82, 106 devoted, 95, 108, 112, 124 diminished responsibility, 88, 101, IDVA, 9, 16, 168 128 individualism, 50 domestic discount, 14, 148 inseparable, 69, 108, 117 domestic homicide reviews, 5, 23, 33, intention, 5, 85, 93, 119, 120, 138, 143, 157, 159, 163, 166 162

186 Index 187

Lundekvam, Claus, 67 reckless, 98, 123, 151 repeat offenders register, see dangerous male studies, 29 persons register/repeat offenders MAPPA, 147, 148 register MARAC, 8, 147, 148, 169 rihanna, 67 May, Theresa, 22 romance fiction, 46, 47 McFall, Hugh, 3 mens rea, 148 sex offenders register, 130 men’s rights, 27 sexual intercourse before death, 99, mental illness, 13, 113, 125 100 Mills and Boon,47 shame, 37, 49, 77, 106, 171 Minty, Miriam, 6 Sheen,Charlie,67 misandry, 29 Simpson, O.J., 67, 69, 70 misogyny, 29 snapped, 89, 112 Moat, Raoul, 4 SPECSS+,99 mocked/mocking, 95, 100, 103 Spector, Phil, 67, 70 Moore, Brian, 8, 70, 107, 130, 133, 147 stalking, 35, 36, 38, 98, 110, 113, 127, Mullane, Frank, 15, 53, 144 133, 140, 147, 155 stockholm syndrome, 7 nagging, 88–90, 93, 94, 96, 103, 122, strangulation, 31, 78, 91, 100, 108, 145, 149 111 National Domestic Violence Delivery Strategy to End Violence Against Plan, 22 Women and Girls, 22 near misses, 31, 78 suicide, 3, 8, 13, 29, 32, 36, 38, 50, 79, 80, 82, 83, 98, 103–13, 116–18, Oldfield-Hampson, Claire, 10, 88, 89, 124, 125, 126, 145, 146, 167 90, 94, 145 ownership, 26, 50, 99, 100, 140, 149 taunted/taunting, 88, 95, 96, 103, 122, 151 parasuicide, 104, 106 threats to kill, 36, 95, 140, 145, 159 pattern, 17, 40, 64, 79, 82, 91, 104, tolerate/tolerable, 39, 50, 96, 97, 102, 107, 113, 161 155 Pemberton, Alan, 10, 157 Twitter, xii, 8 Pemberton, Julia, 15, 33, 112, 146, 157 Pemberton review, 33, 112, 146, 158, 159, 161, 165, 167 VAW/VAWG, 2, 6, 7, 14, 21–8, 49, Pemberton, William, 10, 15, 33, 112, 62–4, 70, 71, 150 146, 158, 159, 162 victim’s Champion, 144 Pence, Ellen, 27, 28, 136 victim’s Charter, 144 premeditation, 85, 93, 95, 113 victim impact statement, 144 psychopathic, 93 victim support, 5, 34, 134 psychotic, 2, 3, 126 Violence Against Women Act 1994, 22 PTSD, 7, 127 Wilde, Oscar, 1 rage, 13, 98, 109, 121, 122–6, 149, 171 woman’s aid, 22 rape, 7, 17, 20, 30, 38, 46, 47, 49, 100, 151 Zero Tolerance campaign, 66, 71