Guardian : Gareth Williams's death was 'criminally mediated', says coroner

Gareth Williams's death was 'criminally mediated', says coroner

Fiona Wilcox says there was not enough evidence for unlawful killing verdict, as MI6 officer's family urge Met police to review investigation

Caroline Davies, James Meikle and agencies | May 2, 2012

The death of Gareth Williams, the MI6 officer who was found naked in a padlocked holdall in the bath at his London flat, was "criminally mediated", a coroner has said.

On the balance of probability, Williams was "unlawfully killed", Fiona Wilcox concluded, although she had earlier said there was not enough evidence to deliver a formal unlawful killing verdict.

Wilcox's finding was delivered at the end of a narrative verdict that took her two hours to deliver and in which she criticised the behaviour of MI6 and SO15, the Metropolitan police counter-terrorism unit, whose officer operated as a conduit between the intelligence service and detectives investigating Williams's death.

The head of the intelligence service made an unreserved apology to Williams's family over the delay in reporting him missing and the subsequent anguish it caused.

Wilcox, the Westminster coroner, delivered the finding after starting her verdict by saying that it was unlikely Williams's death would ever be satisfactorily explained.

Most of the fundamental questions of how he died remained unanswered, Wilcox said on the eighth day of the inquest.

After the verdict Williams's family, in a statement read out by their solicitor Robyn Williams, said their grief at Gareth's death had "been exacerbated by the failure of his employers to make even the most basic inquiries into his whereabouts and welfare".

The statement continued: "We are extremely disappointed at the reluctance and failure of MI6 to make available relevant information."

The family would be asking the Metropolitan police commissioner, Bernard Hogan-Howe, to review how the investigation into Williams's death should proceed given the "inadequacy" of SO15's investigation as highlighted at the inquest.

DCI Jackie Sebire, from the Met's homicide and serious crime command, said officers were now following the many new lines of inquiry which had emerged during the inquest. Refusing to take questions about the criticism levelled at the role of the counter terrorist officers assigned to liaise with MI6, Sebire said: "We have heard seven days' worth of evidence of the life and death of Gareth this week. I have always been satisfied that a third party may have been involved in his death and the coroner has confirmed that."

The investigation would refocus and actively pursue all the evidence heard and all the new lines of inquiry. William's body was found "in the most suspicious circumstances", Sabire said.

"It is highly likely that a third party was involved and I urge anyone who knows Gareth who had contact with him to search their consciences and come foward with any information about what happened that night, 16 August 2010.

"We would also ask anyone with any information to please come forward … to give Gareth's family some peace and allow them to grieve and move on."

During her verdict, Wilcox rejected "suicidal intent", interest in bondage or cross-dressing, or "auto-erotic activity" being related to Williams's death.

Williams, 31, a codes and ciphers expert, was about to return to GCHQ in Cheltenham after secondment to MI6 in the capital when his body was found in the flat in Pimlico in August 2010.

It emerged on Tuesday, towards the end of seven days of evidence from 39 witnesses, that memory sticks found among his possessions were examined by the Secret Intelligence Service but never handed over to detectives investigating his murder.

Wilcox said it remained a "legitimate line of inquiry" that the secret services were involved in Williams's death as she criticised "shortfalls" in MI6 passing on evidence to Scotland Yard. But there was no evidence that he died at the hands of spies.

"It would appear that many agencies fell short" during the investigation, Wilcox said, identifying breakdowns in communication by her own office in ordering a second postmortem, a DNA mix-up by forensics and the late submission of evidence by MI6 to police.

But the coroner added that "taking all these shortfalls together, I am satisfied that the evidence is reliable and that we do not have to adjourn at this point".

Wilcox said the "highly unusual circumstances" of Williams's death had immediately raised the possibility of foul play, which had prompted "endless speculation".

Williams's colleagues were interviewed but no formal statements were taken, she noted.

"I find that this did affect the quality of the evidence that was heard before this court," she said. Wilcox had almost adjourned the inquest due to late evidence, the fault of the SO15 counter-terrorism officer who was the conduit between MI6 and the police. The officer should have passed on an inventory of items found at Williams's MI6 office, said Wilcox.

Evidence from the office was important because Williams "didn't socialise much" and was a reason DNA had been taken from some work colleagues.

Wilcox said she found it "highly unlikely" that Williams got inside the bag alone, saying a lack of hand and footprints in the bathroom was significant. "In relation to the prints found within the bathroom, in my view what was more significant was what was not found rather than what was found."

A lot of time and resources had been spent during the investigation looking into a swab taken from Williams's left hand that appeared to indicate third-party involvement.

But the sample "unfortunately" was later found to belong to a forensic scientist working on the case, she said. "If Gareth had been carrying out some kind of peculiar experiment, he wouldn't care if he left any foot or fingerprints."

Wilcox appeared to rule out that Williams died as a result of some kind of "auto-erotic activity", also denying there was any evidence to suggest claustrophilia – the love of enclosed spaces – was of any interest to him.

She also dismissed the idea that an interest in bondage had any link to his death. If it had, she would have expected "much more internet activity" on the web. Williams had only visited sites on four days, she said. He was a "scrupulous risk assessor" and would have had a knife to escape.

Rejecting speculation that he was a "transvestite" spy, Wilcox said leaks that William was a "cross-dresser" could have been an attempt "by some third party to manipulate a section of the evidence".

Makeup found in his flat was more likely to reflect his interest in fashion, she argued. Wigs found there were "far more consistent with dress-up such as attendance at a manga conference", she added.

Williams's interest in female footwear could have been of a sexual nature, but this was not unusual. "Gareth was naked in a bag when he was found, not cross-dressed, not in high-heeled shoes," she said.

Williams's body was not discovered until a week after he died. Wilcox said his line manager had done "nothing effective" to establish his whereabouts when he was missing. She said she could only speculate as to what effect not reporting him missing sooner had had on the investigation.

Despite '"lots of speculation", there was no evidence Williams's death was linked to his work, she said.

His death was of "unnatural cause", she said. It was possible, but unlikely, that Williams had died in the bag when it was outside the bathroom, but she believed he was alive when he entered the bag and accepted the pathologist's evidence that suffocation or poisoning was the probable cause of death.

She was satisfied "so I am sure" that a third party had moved the bag containing Williams into the bath. There were two possible explanations: that Williams entered the bag outside his bathroom, and the bag was carried in there by a third party, or that he was locked in the bag by a third party and that was lifted into the bath.

Wilcox had earlier ruled out a formal "unlawful killing" verdict because the evidence available was not of the criminal standard needed for such a verdict. She also said an open verdict would not do justice to the "positive findings" she could make.

John Sawers, chief of the Secret Intelligence Service, expressed the "deepest condolences" of MI6 and GCHQ for the death.

In a statement delivered by MI6 lawyer Andrew O'Connor, Sawers said the service should have acted more swiftly when Mr Williams failed to turn up to work in August 2010.

He said: "On behalf of the whole organisation, Sawers regrets this deeply and apologises unreservedly."

The MI6 chief added: "lessons have been learned, in particular the responsibility of all staff to report unaccounted staff absences".

Guardian : MI6 and Met condemned over Gareth Williams' death

MI6 and Met condemned over Gareth Williams' death

Coroner criticises intelligence agency for failing to report missing MI6 officer and rules he was probably killed unlawfully

Caroline Davies and Sandra Laville | May 2, 2012

The coroner in the Gareth Williams case delivered a damning verdict that was highly critical of the Metropolitan police's counter-terrorism branch and MI6 as she ruled that the officer had probably been killed unlawfully.

The cause of death of Williams, 31, who was found padlocked in a holdall in the bath at his flat in Pimlico, central London, was "unnatural and likely to have been criminally mediated", said Dr Fiona Wilcox.

Passing a narrative verdict, she said she was satisfied that "a third party placed the bag in the bath and on the balance of probabilities locked the bag".

She was, therefore, "satisfied that on the balance of probabilities that Gareth was killed unlawfully".

Wilcox levelled devastating criticism at Williams's employers at MI6 who failed to report him missing for seven days when he did not turn up for work. The explanation from his line manager lacked credibility, she said, and she could "only speculate as to what effect this [delay] had on the investigation".

The lawyer for the Secret Intelligence Service, Andrew O'Connor, delivered deep regrets and an unprecedented apology to the family from Sir John Sawers, chief of the SIS, who recognised that "failure to act more swiftly" when Williams was absent had contributed to their "anguish and suffering".

Officers in the Met's counter-terrorism branch, SO15, whose role was to interview SIS witnesses, were also strongly criticised. SO15 failed to inform DCI Jackie Sebire, senior investigating officer, of the existence of nine memory sticks and a black holdall found at Williams' MI6 office until two days before the inquest ended, the coroner said. On discovering this, Wilcox said she had seriously questioned whether she should adjourn the inquest at that point.

No formal statements were taken by S015 officers who interviewed Williams' colleagues, "and I find this did affect the quality of evidence heard in this court," she said.

She also criticised the handling of an iPhone belonging to Williams and found in his work locker, which contained deleted images of him naked in a pair of boots. The officer involved kept it in his possession before handing it to homicide detectives the following day, "demonstrating disregard for the rules governing continuity of evidence", she said.

Many agencies "fell short of the ideal", she said, including LGC Forensics in relation to DNA contamination, and the coroner's office for failing to inform police officers of a second postmortem.

Williams, a fitness fanatic from Anglesey, north Wales, was probably alive when put in the bag but probably suffocated very soon afterwards either from CO2 poisoning, hypercapnia, or the effects of a short-acting poison, she said.

Scotland Yard has always treated the death as suspicious and unexplained, but held back from describing it as murder or manslaughter. Recording her verdict, Wilcox stated her belief that a criminal hand was involved, although police said afterwards that there was no evidence of this. The Guardian understands police inquiries have focused on the theory that Williams died accidentally in a private sexual liaison that went wrong.

The coroner, however, ruled out bondage or auto-erotic activity as explanations.

The dead man's family said in a statement that their grief had been exacerbated by the failure of his employers at MI6 to make "even the most basic inquiries of his whereabouts and welfare" when he was absent from work for seven days.

They were "extremely disappointed at the failure and reluctance of MI6" to provide relevant information and called on the Metropolitan police commissioner, Bernard Hogan-Howe, to conduct a review of how the investigation would proceed "in the light of the total inadequacy of S015's investigations into MI6".

Wilcox said there was no evidence to suggest that any SIS colleague had been involved, but it remained a legitimate line of inquiry given Williams socialised with so few people, and never let anyone he didn't know into his flat. So any third party would be "someone he knew or someone there without invitation".

An SIS spokesman said: "We fully co-operated with the police and will continue to do so during the ongoing investigation. We gave all the evidence to the police when they wanted it; at no time did we withhold any evidence."

An iPhone found in his living room had recently been wiped and restored to factory settings, and it could not be ruled out that contact with a third party had been made via the internet on that phone, she said.

Wilcox was "sure that a third party moved the bag containing Gareth into the bath". There were two possibilities: either he entered the bag outside the bathroom and it was carried in by a third party, or he was locked in the bag by a third party and lifted into the bath.

She dismissed an interest in bondage, and female clothing, as being irrelevant, condemning leaks to the media about him cross-dressing as a possible attempt "by some third party to manipulate a section of the evidence".

She said: "Gareth was naked in a bag, not cross-dressed, not in high-heeled shoes." If his interest was bondage, she would have expected much more internet activity on such websites, when his visits made up a tiny percentage of his browsing. His interest was in fashion, she said. Dismissing any auto-erotic activity, she said he was a "scrupulous risk assessor" and if he had locked himself into the bag would have taken a knife in with him to escape.

She said that despite a 21-month police inquiry: "Most of the fundamental questions in relation to how Gareth died remained unanswered."

Detectives believe scientific tests on a crumpled green hand towel found in his flat may yet yield crucial DNA evidence, as the Metropolitan police launched a review into the case.

The towel was originally in the bathroom, and moved to the kitchen, police believe, by the "third party". More tests are being conducted on the bag. The memory sticks, which have now been examined by police, are said not to have produced any significant evidence, but will be examined more closely.

Martin Hewitt, deputy assistant commissioner of the Met, said the circumstances of the death were particularly complex and continued to be the subject of a thorough investigation.

He added: "We have listened to the detailed ruling by the coroner and the concerns raised by Gareth's family. We are giving both very careful consideration."

Detectives were "currently undertaking actions in order to develop existing DNA profiles, to trace unidentified individuals who may have information about Gareth's death, and to further develop analysis of telephone communications".

UPI : Inquest into British spy's death

Inquest into British spy's death

April 24, 2012

LONDON, April 24 (UPI) -- Small pieces of DNA were found on the carryall in which the remains of slain British spy Gareth Williams were found, a coroner's inquest heard Tuesday.

Detective Chief Inspector Jackie Sebire told the inquest the small DNA fragments were discovered on the zipper's toggle and padlock used to lock the carryall encasing Williams' body, found in the bath of his Pimlico apartment.

He was reported missing Aug. 23, 2010, Britain's The Telegraph reported.

"My thought or opinion since I went into the scene is that a third party had been involved in the death or in putting the bag in the bath," Sebire said.

A graphic was shown at the Westminster Coroner's Court inquest displaying how Williams' nude and decomposing body was bent into the fetal position, arms crossed across his chest.

Sebire said Williams had been fit and muscular and she did not see any evidence of tearing to the netting inside the bag.

The inquest heard Monday there were no inquiries conducted by any agencies other than MI6 since 2001.

Andrew O'Connor, attorney for Britain's Secret Intelligence Service, told coroner Fiona Wilcox MI6 had conducted an internal investigation of its own.

"The fruits of that internal investigation were shared with the police at the time," O'Connor said.

Williams' sister, Ceri Subbe testified Monday her brother had tired of the "rat race" and the "flash car competition and post-work drinking culture" of MI6.