Not charging Keyham gunman with assaults ‘posed danger to public’, inquest hears

Decisions made by Devon and Cornwall Police "put the public in danger", a detective sergeant has admitted today at the inquest into the Keyham shooting.

The inquest heard that the force failed to treat assaults on two children by Jake Davison in a skatepark, a year before he carried out the Plymouth shooting, as actual bodily harm.

Instead the incidents were treated as the lesser matter of assault by battery and were not sent to the Crown Prosecution Service.

Davison went on to commit the mass shooting a year later, leaving six people dead, including his mother and a three-year-old girl.

Apprentice crane operator Davison then turned the pump-action shotgun on himself before armed police reached him.

The inquest heard that Devon and Cornwall Police dealt with the skatepark assault in September 2020 themselves, rather than referring it to the Crown Prosecution Service for consideration for a more serious charge.

Detective Sergeant Edward Bagshaw was part of the team who investigated the skate park assault.

He said attacks by Davison on a 16-year-old boy and a 15-year-old girl should have been sent to prosecutors to consider charging him with assault occasioning actual bodily harm and battery.

But the police were under “pressure” not to send more cases to the courts who were struggling to deal with increased backlogs caused by the Covid-19 pandemic and instead he was put through a restorative justice programme.

Det Sgt Bagshaw did not make that decision but was asked about it.

Nicholas Stanage, the barrister representing Josh and Zoe Davison, Maxine Davison's other children, said to him: "This inquest has been looking at decisions made by Devon and Cornwall Police that failed to protect the public.

"There were decisions made by Devon and Cornwall Police that posed a danger to the public.

"The decision not to treat the skate park case as actual bodily harm was such a decision was it not?"

Det Sgt Bagshaw agreed. The inquest heard Detective Constable Pablo Beckhurst, who investigated the two assaults, sent a summary of evidence by email to Det Sgt Bagshaw, his supervisor.

Det Sgt Bagshaw explained police can charge offences of common assault or battery themselves but if it was a more serious, such as assault occasioning actual bodily harm or assault occasioning grievous bodily harm, it required approval from the Crown Prosecution Service.

Bridget Dolan KC, counsel to the inquest, asked the detective whether there was a tendency to downgrade offences during the Covid-19 pandemic.

Det Sgt Bagshaw replied: “There were a lot of pressures from the court to use out-of-court disposals at that time.”

Ms Dolan questioned the officer on how the case was reclassified as battery from Actual Bodily Harm.

“Do you recall positively saying both of these should be charged as battery?,” she asked.

He replied: “That might have happened, but I don’t remember.”

Dominic Adamson KC, representing the families of Davison’s victims, suggested the assault on the boy was a “nailed on” Section 47 ABH case and should have been referred to the CPS.

“In my opinion at that time it should have been referred to the CPS,” Det Sgt Bagshaw replied.

The inquest also heard from Detective Inspector Debbie Wyatt, who was at the time a sergeant and made the decision to send Davison’s case to Pathfinder.

She said at the time officers were receiving “regular emails” from Criminal Justice Unit asking them to consider “out-of-court disposals”.

Ms Dolan asked: “It was a call to send as much as you can to the Pathfinder?”

The officer replied: “If it was appropriate. If I didn’t feel it was suitable, I would not have sent it.

“I believe at the time during Covid and had the call been made into the CPS they would say it was a police charging decision.

“I accept it could be reviewed as ABH.”

The inquest continues.