Refuge comment following coroner inquest into the death of Clare Bernal

Sandra Horley OBE, Chief Executive of Refuge:

“Refuge is deeply disappointed by this ruling, but not surprised. On a personal note, I am appalled by the coroner’s words today. His dismissive attitude towards risk assessment was a worrying indication of a lack of understanding of the gravity of domestic violence and stalking. His view that “brain power is surely better than tick boxes” undermines the vital procedures put into place by experts. These procedures provide guidance for officers working without relevant training. His apparent obsession with bureaucracy meant that he focused on the paperwork and systems rather than the reason they have been put in place.

“Despite over 35 years of Refuge’s campaigning, the seriousness of domestic violence and stalking is still underestimated and few people are aware of the frightening overlap between stalking and homicide.

Two women killed at the hands of their partner or ex every week and the 80% of female murder victims who were stalked by their partner.

“The coroner believes that everything was done “bearing in mind the resources available”. I believe that this terrible tragedy could have been prevented had the risk Pech posed been initially assessed by a trained and experienced officer. Most domestic violence homicides are preventable. What we need to focus on is why these resources were not in place?

“If we are to better protect and prevent more women being killed we urgently need advanced training, stringent guidelines and mandatory risk assessment for the police, magistrates, coroners and judges. All this has to be underpinned by long term Government funding. Despite highlighting shortcomings across the police, the courts and the coroner concluded that systemic failure is not to blame.

“There has been progress and the Metropolitan Police are making concerted efforts to tackle domestic violence and stalking. Commander Allen in particular is a committed professional who has an excellent understanding of where the system needs strengthening.

“Refuge has supported Patricia Bernal throughout this very traumatic time. The system failed to protect her daughter and any further progress that comes out of this inquest is tribute to her belief that no family should have to endure what her family has.

Additional information:

One in five will experience some form of stalking during their life and every week, two women are killed at the hands of a current or former partner.

“Refuge knows that women like Clare, who have ended a relationship or left a violent partner, face an increased risk of death or serious injury. For the vast majority, the violence and harassment continues long after the relationship has ended.

“Ex-partner stalking, like domestic violence, is about power and control and there is often a history of emotional or physical abuse in the relationship. The stalker is bitter the relationship is over; they’ve lost control and want to reassert it.

“There is no doubt that domestic violence is a serious crime. At Refuge we see the seriousness of domestic violence and every woman living in its vicious grip feels how serious it is. But how many more women must die before procedures assisting the police in assessing a stalker’s potential are followed?

TRAINING & RISK ASSESSMENT

“Refuge believes that women who report domestic violence or stalking to the police must be dealt with by fully trained and experienced officers. We support the ACPO Guidance, which makes it clear that risk assessment is a complex process, which requires training. We also believe that evaluation of risk should be fluid and re-assessed, by trained individuals, throughout an investigation.

“We welcome the Metropolitan Police’s intention to further review the SPECCS+ Risk Assessment Model. As part of this we hope that they will give consideration as to whether to current the six key high risk factors are sufficient. Advanced training, especially for those working in specialist units such as the Hate Crime Unit, is therefore vital. A couple of days, as part of basic training, is not enough. Stringent guidelines and mandatory risk assessment training for police, magistrates and judges are needed as a matter of urgency.

SENTENCING & CRIMINAL JUSTICE SYSTEM

“The law as it stands would not have prevented Michael Pech from being free to murder Clare Bernal. According to the Crown Prosecution Service, had Pech attended the hearing on the 21st September as instructed, he would never have been given a custodial sentence, at the most, a matter of months. We are talking about a man who threatened to kill, continually harassed and stalked Clare Bernal and ignored the law by breaking his bail conditions.

“Refuge believes that a non-custodial sentence is clearly inadequate. There is an urgent need to recognise the serious nature of stalking and harassment and link to domestic violence and homicide. Women need and deserve better protection. The law must protect women and children by ensuring violent men are held accountable for their crimes and given an appropriate sentence.

LACK OF FOCUS ON PERPETRATOR

“A glaring hole in this investigation is the Police’s lack of knowledge about Pech both prior to his arrest and after he was bailed. Despite Pech being a Czech national, there were no background checks carried out beyond UK databases. A weakness in the system compounded by the Home Office’s admission last week that police in the UK have no way of knowing about the records of British Nationals who have been convicted abroad. Had a full background check been done, the police would have been aware that Pech had a military background – a factor widely recognised by domestic violence experts as high risk.

“Critical to this case is the lack of knowledge of Pech’s whereabouts during the five months Clare heard nothing from him. Clare’s case was classed as low risk based on the fact that Pech had not contacted her during this time. The average stalker persists for up to two years and the police did not know where Pech was. Just because he was out of sight did not mean that he was no longer a threat. Why was Pech was free during the two weeks between conviction and sentencing? As far as Pech knew, he was facing further jail time, he was suicidal and he knew that Clare had been prepared to testify against him. These factors combined would surely have increased the risk he posed to Clare. But no one was supervising him or assessing this changing risk. As a result Pech was able to leave the country undetected and combined with his military background, meant be was free to obtain a gun licence and the firearm he used to kill Clare.

“Refuge believes that domestic violence will only end when we adopt a 3-pronged approach to the problem, backed up by significant government funding:

Protection – enforcing the law and ensuring perpetrators are held accountable for their crimes;

Provision – a range of appropriate services for women so that options are available to them at every stage;

Prevention – public awareness of the issue so that domestic violence becomes as unacceptable as drink driving; training for professionals, particularly those working in health, education and the criminal justice system. “