Kevin Nunes' family refused payout by Staffordshire Police despite force failings

A murder victim’s family have failed in their bid for a police payout despite serious failings by the force in the botched investigation.

Staffordshire Police force’s insurers have turned down a claim on behalf of Kevin Nunes’ teenage son with his family saying they have been ‘left out in the cold’ after two men acquitted of the murder were given £200,000.

The former Stafford Rangers player was found dead in a country lane in Pattingham after being gunned down in an apparent gangland execution.

Five men were convicted of the 20-year-old’s death, but later acquitted after a report into detective wrongdoing and mishandling of a witness was never disclosed to the trial judge.

Damages totalling £200,000 were paid to two of the four men – Antonio Christie, of Great Bridge and Levi Walker, of Edgbaston – who had their convictions of murder overturned.

Now 16 years later Kevin Nunes murder remains unsolved.

And his family said police failings in the case had caused more suffering for his 15-year-old son.

But the claim for misfeasance in public office has been dismissed by the force’s insurers.

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Benjamin Williams, brother of Nunes’ partner Leanne, said: “We want closure for his son who has suffered mentally from the acquittals and subsequent coverage of police failings in the case.

“It is not over, we will continue to push for a result. We believe the force should pay for the impact the failed case has had on his son.”

He added: “It is especially disappointing when settlements were agreed for some of those acquitted.”

Nunes’ partner Leanne, 34, lives with their son in the Black Country.

She said: “I’m massively disappointed, on the basis that it just feels like everyone and anyone has been rewards or compensated in some form, yet the victim’s family have just been left in the cold.

“My son has suffered as a result of what has happened, it was not our doing, we are not to blame yet we are picking up the pieces.”

Failings

The claim was based on alleged gross misconduct by retired Staffordshire Chief Constable Jane Sawyers, former Northamptonshire Chief Constable Adrian Lee, ex-Gloucestershire Chief Constable Suzette Davenport, and former West Midlands Assistant Chief Constable Marcus Beale.

It said their alleged failings, and subsequent acquittals, had resulted in Nunes’ son suffering psychological damage, including complex traumatic grief.

The case can still be pursued through court.

In a letter, the force’s solicitors Weightmans said: “Whilst we recognise that failings by Staffordshire Police have caused the claimant and members of his family considerable upset and distress, liability is denied.”

This month, a formal review into the murder was launched by Merseyside Police.

It will determine if the case can be re-investigated.

'Not intentional'

Four ex-senior police officers did not intentionally fail to disclose a dossier which led to the overturning of the Kevin Nunes murder convictions, Weightmans claimed.

The Costello Report – a review of wrongdoings and witness mishandling – was not shown to the judge during the trial of five men convicted of the 20-year-old’s murder in Pattingham.

The failure to do so led to the convictions being overturned at the Court of Appeal and the police force being openly criticised for the handling of the investigation.

More recently however the report formed a crucial part of the claim for damages by the family of Kevin Nunes.

'No evidence'

But the force’s solicitors refused the claim, saying the four ex-senior officers referred to in the application must have shown ‘deliberate omission’ of the Costello Report for the force to be liable and pay out.

In a letter, the solicitors said: “There is no evidence in this case that the individuals you identify deliberately took a positive decision not to disclose the Costello report or deliberately failed to make a decision to disclose the report.”

The solicitors added findings from the Independent Police Complaints Commission on the investigation only showed ‘neglect, ‘inadvertence’ or ‘bad judgement’ were made over the failed disclosure of the report.

Responding to the claim for damages, a spokesman for Staffordshire Police said: “Staffordshire Police has denied liability, but as this is an ongoing legal process it would be inappropriate for us to comment further at this time.

“This is an entirely separate matter from the formal review into the murder of Kevin Nunes which is being conducted by Merseyside Police.”