(1 day, 5 hours ago)
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Mr Connor Rand (Altrincham and Sale West) (Lab)
I applied for this debate so that I could raise the case of Paula Leeson on behalf of her family. I should start by reassuring all parties that this is no longer a live criminal investigation and, as well as having spoken about this case previously in the Chamber, all the details contained within have been widely reported in the media.
The Leeson family believe that Paula was killed by her then husband Donald McPherson in 2019. That Mr McPherson is currently a free man is, they believe, a damning indictment of a justice system that has badly failed them. I want to place on the record my view that the Leesons have not had the justice they deserve, and that lessons must be learned when prosecuting other acts of domestic violence and when supporting victims’ family members.
Before getting into the details of this tragic case, I want to pay tribute to the Leeson family, particularly Neville Leeson, Paula’s brother. My office has been supporting Neville in his mission to get justice for Paula since I was elected, and I cannot begin to imagine the pain he has endured since Paula’s death. Whenever I speak to him, I am struck by his love for Paula and his dedication to pursuing justice for his sister, but also his unwavering dignity in the face of such hardship.
Paula’s case is complex, and some of the details are, quite frankly, hard to believe, so I will do my best to summarise them now. In 2019, Paula, an otherwise healthy woman, died fully clothed in a shallow pool while on holiday in Denmark with her then husband Donald McPherson. Despite Paula having 13 separate injuries on her body, an initial investigation by the Danish police accepted Mr McPherson’s version of events that he woke from a nap to find Paula unconscious in the pool, and that he then failed in his attempts to resuscitate her. These attempts, he claimed, were the cause of bruising around her neck.
In the hours after Paula’s death, Mr McPherson, a convicted conman, was withdrawing money from their joint account to pay off significant financial debts. We now also know that prior to her death, Mr McPherson took out multiple fraudulent life insurance policies on Paula without her knowledge. Upon her repatriation to the United Kingdom, Greater Manchester police opened a criminal investigation into Paula’s death, and in March 2021 that case went to criminal court. The judge presiding over the case decided that because it could not be ruled out completely that the injuries to Paula were from rescue or resuscitation attempts, he had no choice but to stop the trial at the halfway point and instruct the jury to issue a not guilty verdict after just two weeks.
The Leesons were understandably devastated by this verdict, but they did not give up. They pursued a civil claim against Donald McPherson in the High Court to prevent him from claiming the life insurance policies he had taken out on Paula. In September 2024, the judge presiding over the civil case concluded that it was his “firm view” that Donald McPherson deliberately and unlawfully killed Paula Leeson by compressing her neck in an arm lock, rendering her unconscious and causing her to drown. Crucially, the civil trial heard evidence not presented in the criminal trial, including evidence from a pathologist, who said:
“It was difficult to envisage how the extent of the bruising to Paula could be caused during the attempts to resuscitate her alone.”
There was also evidence from the Fitbit that Paula was wearing when she died. It demonstrated a sharp rise in her heart rate, consistent with an adrenalin response to a violent attack. The Fitbit showed a decline in her heart rate thereafter, consistent with her being rendered unconscious, drowning and dying. The timing of the spike and decline in heart rate directly contradicted Mr McPherson’s timeline of events.
Following the verdict in the civil trial, the Leesons pursued a criminal retrial. That was a long and arduous process in which the Leesons experienced unimaginable stress and uncertainty. In September, the Director of Public Prosecutions declined the request for a criminal retrial. That was a devastating blow to the Leesons from which they have not recovered. The Director of Public Prosecutions made what he admitted was an incredibly difficult decision using parameters set by the Criminal Justice Act 2003. To put it simply, those parameters meant that he was able to grant a retrial only if there was new and compelling evidence, and it was in the public interest for the application to proceed.
The DPP concluded that neither the Fitbit evidence nor the pathology evidence were new. That is because the Fitbit evidence was available to the prosecution in the initial criminal trial, but it was not used because they felt that it would not advance their case. Similarly, the prosecution did not instruct the pathologist I have mentioned to present evidence at the criminal trial, despite having the option to do so. Evidence from Donald McPherson’s laptop showing deleted searches on both drowning and murder was also not deemed compelling new evidence of guilt because the time those searches were made could not be conclusively proven.
The Leesons believe that the prosecution made a significant error in not using the Fitbit or pathologist evidence in the initial criminal trial. They believe that that error has now prevented the DPP from granting a retrial that they believe could give them justice for Paula, and I am inclined to agree with them. I ask the Minister whether we might consider some flexibility in the Criminal Justice Act 2003, so that a potential mistake from the prosecution at an initial trial does not then rule out the possibility of a retrial ever being granted. Can the bar that must be met for a retrial be reassessed in this context? The Leesons understandably believe that the parameters set by the Criminal Justice Act are now preventing it from doing the very thing that it was designed for. I appreciate that this is a complex issue, and that Paula’s case is in many ways unique, but it would bring great comfort to the family if the Minister and the Government considered that specific issue, and Paula’s case in a wider context, to see what lessons can be learned.
I will end my remarks by sharing what Neville said to me yesterday:
“Once again, we find ourselves alone having to fight for justice for Paula because of the failures of the criminal justice system and a Criminal Justice Act 2003 which works very hard to help the criminal over the victims and their families.
Neither Paula nor my family are responsible for all the failures of the criminal justice system for Paula, and yet we are expected to endure the consequences of their failures for the rest of our lives. Is Paula’s life worth less than anyone else’s life? It shouldn’t be this way.”
I agree—it should not. If that is the consequence of our current legislative framework and settlement, I say to the Minister that the current framework, and the parameters that it sets, do not feel right to me.
I sincerely hope that there is something we can do to bring the Leesons some comfort after the horrific ordeal they have endured. I hope that bringing this debate to the Floor of the House, to make this a matter of public record for ever, will be of some small comfort to them, too.
The Parliamentary Under-Secretary of State for Justice (Jake Richards)
I congratulate my hon. Friend the Member for Altrincham and Sale West (Mr Rand) on securing this important debate. I would like to start by sending my sympathies to the family of Paula Leeson and responding to Neville, who spoke in this Chamber through his MP, by telling him that he is not alone; he has a fine champion in his Member of Parliament, who has brought this issue to the House. I can reassure him and the House that I am seized of this matter and will certainly be looking at all the issues raised in my hon. Friend’s speech.
The tragedy that the Leeson family have suffered is simply unimaginable. They continue to campaign in Paula’s memory with extraordinary dignity and courage, and I commend them and their MP, my hon. Friend, for bringing this matter to the Government’s attention. As they will no doubt be aware, the legal decision at the heart of their case is a matter for the Crown Prosecution Service, which is rightly independent of Government. Members will be aware that I am unable to comment on the details of that specific decision by the DPP, but I am very happy—indeed, I am keen—to meet my hon. Friend’s constituents to discuss this case in more detail, if they would find that helpful. I have made inquiries this afternoon and am informed that the Director of Public Prosecutions would also be happy—indeed, keen—to meet my hon. Friend’s constituents to discuss the case.
The Criminal Justice Act 2003 clearly has to strike a balance between ensuring there is finality in criminal proceedings and, as the Act attempts to do, offering a recourse to look again when it is appropriate. I am happy to have that conversation and look again at whether that legislation strikes the right balance.
Before I go on to speak about wider Government initiatives to assist victims of domestic violence and abuse, I want again on behalf of the Government to send my deepest condolences to all those who knew and loved Paula Leeson. That the justice system has seemingly confounded their pain and suffering is deeply regretful, and I assure them that I will look into any aspect of our system to make sure that this cannot happen again. As I said, I am aware that the DPP has been in touch with the family and is very happy to meet again to discuss the details of this case.
Let me be abundantly clear: this Government are committed to putting victims at the heart of the justice system, especially when it comes to confronting the scourge of violence against women and girls. Working with Home Office colleagues, we at the Ministry of Justice will always keep victims at the forefront of our mind, investing in more support, reforming our justice system to ensure justice is served—and served expeditiously —and clamping down on the tools that too often allow those who abuse women and girls to thrive.
When the history of this Government is written, it will speak of the incredible work done by the Under-Secretary of State for the Home Department, my hon. Friend the Member for Birmingham Yardley (Jess Phillips), and the Under-Secretary of State for Justice, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), on the violence against women and girls strategy—ambitious but practical, reforming the fundamental injustices that too many victims face in our law and order system and protecting those women and girls who need protection.
I know that the domestic abuse and violence that was suffered, or allegedly suffered, by Paula Leeson has an impact on entire families, not just the direct victims, so I want to reassure my hon. Friend the Member for Altrincham and Sale West about some of this Government’s initiatives to support victims of domestic abuse. The Domestic Abuse Act 2021 already recognises the profound impact domestic abuse can have on children. Section 3 makes clear that where a child sees, hears or experiences the effects of abuse perpetrated by or against a parent or relative, that child will also be treated as a victim of domestic abuse. That is an important measure, making it easier for children to access support such as mental health services.
Domestic abuse can have lifelong impacts on victims. Victims and, where appropriate, their families need vital support to help them cope and rebuild their lives and engage with the criminal justice system. Ensuring victims receive the right and timely support is a key part of this Government’s mission to halve violence against women and girls. That is why the Ministry of Justice will be investing £550 million in victim support services over the next three years—the biggest investment in victim support services on record. We will be increasing funding for victim support services year on year over the course of this Parliament, recognising the need to meet the rising cost pressures of delivery, to ensure that these vital services can continue to offer victims the support that they need.
We know that many police and crime commissioners use the funding that we are giving to commission specific support for victims and their families in their areas. Some areas use wider sources of funding and work in collaboration with local partners, such as the South Yorkshire, Cleveland and Essex police and crime commissioners who have commissioned outreach work in schools with child victims of domestic abuse.
Police and crime commissioners also have a current role funding vital victim support roles, such as independent domestic violence advisers who provide emotional and practical support to victims of domestic abuse. Earlier this year, we published statutory guidance on IDVAs, which aims to improve the consistency of support delivered to victims and raise the profile of the IDVA role. We recognise the important work that police and crime commissioners and mayors do to commission vital support services for victims and witnesses. Ensuring ongoing support to victims in future governance arrangements will be a key priority for this Government.
The MOJ has commissioned national services, such as the 24/7 live chat service, which can be accessed anonymously and provides 24/7 support to victims of all crimes, and the My Support Space platform, which provides informative guides for victims and those supporting them. In the tragic case of bereavement by homicide following domestic abuse, the National Homicide Service, delivered by Victim Support, can provide emotional, practical, specialist advocacy and peer support.
We are taking steps to improve the justice system’s response to domestic abuse and violence, from the first time someone calls the police, to court, all the way through to the way that perpetrators are managed after sentence, which is the issue that my hon. Friend has brought to the House. We have introduced domestic abuse specialists in 999 call centres in selected areas so that, when a victim calls the police, specialists can support first responders to properly and rigorously assess the risk, and ensure that there is an appropriate response. The Sentencing Bill, currently making its way through Parliament, will create a new domestic abuse flag at sentencing. This will help prison and probation services manage offenders effectively and will ensure victims that are better supported.
We are taking action to ensure that survivors of domestic abuse and their children are better protected in the family courts. We are expanding the pathfinder courts, which are helping to ensure that more children’s voices are heard and victims are better supported. Under the pathfinder model the proportion of children seen by social workers increases from around 30% to 80%. That means their wishes and feelings can be ascertained directly and in a manner of their choosing.
Tackling domestic abuse is important right across Government. The Home Office has invested a further £19 million to provide vital support to victims of violence against women and girls. That includes over £6 million for the national helpline supporting victims of domestic abuse, honour-based abuse, revenge porn and stalking, and £450,000 to provide additional advocacy to families who have been bereaved by domestic homicide, as well as suicides and unexpected deaths that have taken place following domestic abuse.
I hope that my remarks setting out the broad policy agenda that this Government are pursuing have reassured hon. Members and those watching that this Government take this issue particularly seriously. We are committed to making sure that the right support, help and protections are in place for victims of domestic abuse and violence and their families.
Once again, I thank my hon. Friend the Member for Altrincham and Sale West for raising this case, which he has raised repeatedly in the House since he was elected last summer. As he accepts, it raises complex issues around our criminal justice system, which I will continue to look into. I will conclude where I started by sending my profound condolences to those who have lost loved ones connected to the debate and commending all those who fight and work for change.
Question put and agreed to.