Page last updated at 14:06 GMT, Friday, 14 September 2007 15:06 UK

Questions posed by Rachel's death

It appeared to be an obvious case of a young student whose drug addiction had led to her death.

The body of Rachel Whitear, 21, was found crumpled on the floor of her flat, a syringe still clasped in her hand.

Graphic photographs of the scene were published, with the agreement of Miss Whitear's parents, in an attempt to highlight the dangers of heroin.

But seven years after her death, questions still remain about the circumstances surrounding the tragedy and the investigation which followed.

WHY WAS A POST-MORTEM EXAMINATION NOT CARRIED OUT INITIALLY?

The coroner at the first inquest into the death, which occurred on 10 May 2000, decided there was no need for a post-mortem examination after Devon and Cornwall Police assumed Miss Whitear, who was a heroin user, had died of an overdose.

Coroners have the power to decide whether to carry out a post-mortem examination and it is becoming increasingly common not to have one.

The Ministry of Justice said that in 2006, 93% of inquests involved post-mortem examinations.

Rachel Whitear
Rachel's flat was not fingerprinted until two weeks after her death

Yet, prior to the late 1990s, only about 2% of inquests did not include post-mortem examinations.

Miss Whitear's parents said they had learnt that as their daughter had been a drug user, police had assumed there was a possibility she could be HIV positive.

Because of that, a post-mortem examination would have to be carried out under special conditions and the nearest specialist facilities to the force were in Bristol.

A post-mortem examination was only carried out after Miss Whitear's body was exhumed from a churchyard in Withington, near Hereford, in March 2004.

Post-mortem examinations usually have to be started within two or three days of death to ensure accuracy.

WHY WAS THERE A DELAY IN FINGERPRINTING THE BEDSIT?

Officers only took prints from her flat and her body on the day she was to be buried - a fortnight after her death.

Miss Whitear's parents claimed that could affect the accuracy of the tests.

WHAT ABOUT THE SYRINGE FOUND IN RACHEL'S HAND?

None of her blood was found on the syringe and there was no tourniquet, usually used by heroin addicts around their arm to make injecting easier.

The syringe also still had its cap on.

A report by pathologist Dr Nathaniel Cary read out at the second inquest said there was a possibility the scene had been staged and a fresh syringe and needle had been placed in Miss Whitear's hands.

But it was also possible she collapsed after recapping the needle herself, he added.

WHY WERE NO CHARGES BROUGHT?

Wiltshire Police said when they took over the case they were treating it as a murder inquiry.

The new scientific tests confirmed the use of heroin but ruled out a violent or sexual assault.

In August 2003 two men from the Midlands - Miss Whitear's ex-boyfriend Luke Fitzgerald and his brother Simon - were arrested on suspicion of being involved in her death and an attempt to tamper with the scene.

The Crown Prosecution Service concluded there was insufficient evidence to justify criminal charges.

However, the second inquest heard from one witness who claimed Luke Fitzgerald gave Miss Whitear a fatal heroin injection and then panicked when she collapsed.

The witness claimed her then-boyfriend, Mr Fitzgerald's brother Simon, told her how he helped tidy up the scene.

The brothers have denied ever visiting the scene.



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