No apology to Leeds babysitter wrongly convicted of killing toddler

Suzanne Holdsworth’s partner, Lee Spencer, made 27 complaints about how Cleveland Police handled the inquiry into two-year-old Kyle Fisher’s death in Hartlepool in July 2004.

Ms Holdsworth, who later moved to east Leeds, was convicted of murder at Teesside Crown Court six years ago, but that was overturned by the Court of Appeal in April 2008 and she was formally cleared at a second trial in December that year.

Ms Holdsworth and Mr Spencer’s complaints were against three serving and three retired officers and focused mainly on claims that they did not fully examine all the evidence, including CCTV from a shop she said she had visited, and Kyle’s previous medical history.

As a result, the Independent Police Complaints Commission carried out a lengthy inquiry and concluded that the force could learn from two issues.

It found Cleveland Police needed “absolute detail and clarity within record-keeping” with regard to the CCTV, and that senior officers in major inquiries could benefit from peer review.

But the IPCC did not uphold any of the 27 complaints made against the officers.

Nonetheless, it recommended that Cleveland Police should consider making an apology to Ms Holdsworth.

IPCC Commissioner Nicholas Long said: “This was a complex investigation into a tragic and highly emotive case. At the heart of this is the death of a two-year-old boy and the wrongful conviction of a woman.

“Suzanne Holdsworth went through the traumatic experience of being convicted for a murder, serving time in prison and then having to go through a retrial before being formally acquitted.

“Ms Holdsworth and her partner, Lee Spencer, are entirely justified in seeking answers as to why she went through this experience.

“I believe this investigation has been a comprehensive investigation and examined each and every complaint in detail. What it has concluded is that those complaints cannot be substantiated. There is no evidence of any misconduct.

“However, it is clear the issue surrounding the CCTV footage from the shop was a crucial aspect to Ms Holdsworth and Mr Spencer. It was evidence which could have proven Ms Holdsworth’s account of her movements on the day.

“The poor record-keeping by the police officers around this does not reflect well on Cleveland Police, hence the recommendation about the need for absolute clarity and detail.

“But I believe, in respect of this specific matter, Cleveland Police should consider whether Ms Holdsworth deserves an apology. This is not something the IPCC can force Cleveland Police to do, but I believe it is the right thing to do.”

Sean Price, Chief Constable of Cleveland Police, refused to apologise to the couple.

He said: “Contrary to some media reports, there was no suppression of evidence, no failure to carry out appropriate forensic examinations and officers did not disregard the victim’s previous medical history.

“The only falsifications were made by witnesses to the police, including Ms Holdsworth, who has admitted, and now regrets, that she lied to the investigating officers.

“At no stage during the original trial, the Court of Appeal proceedings or the retrial has there been judicial criticism regarding the nature of the Cleveland Police investigation.

“Now the IPCC, having overseen a lengthy and thorough investigation, has rejected every allegation made against the force.

“Lessons can be learned from all murder inquiries, but one of the most important lessons to be learnt from the tragedy of Kyle Fisher’s death is that people must be honest with the police - particularly where the welfare and safety of children are concerned.

“The IPCC report identifies two areas of learning, which the force accepts and has already acted upon. With regard to the issue of CCTV, this was a matter put before and fully considered at the original trial.

“The IPCC has asked me to consider whether it is appropriate to apologise to Ms Holdsworth with regard to this area of learning.

“Mr Spencer has now been shown to have made 27 unsubstantiated complaints against the police, some of which were of a very personal and distasteful nature and caused a great deal of stress for the officers who were subject to the allegations.

“Ms Holdsworth has admitted she lied to police during a child murder investigation, and is on record as stating she believes it is these lies that may have led to her original conviction.

“In such circumstances I do not think an apology is appropriate.”