A two day inquest into the death of Nicola Bulley begins on Monday. Our reporter will be in court providing updates on proceedings as it happens.
www.lancs.live
26 June 2023 - LIVE BLOG FROM INQUEST - DAY ONE - AM
09:20JAMIE LOPEZ
What is an inquest?
Good morning and welcome to today's updates. For thos who are unfamiliar with inquests and why they are held,
you can get more information here
09:22TOM EARNSHAW
Police liaison officers on site
Police liaison officers from Lancashire Constabulary are outsite County Hall ahead of the inquest, which begins around 10am.
09:23JAMIE LOPEZ
Security
While most inquests are quiet affairs with just a few people in attendance, today's will be somewhat different. The high profile nature of Nicola Bulley's disappearance and the search to find her means there is national and even international interest.
More than 30 members of the press are expected to be in attendance and extra security guards have been brought in to help out at County Hall
09:57FEDERICA BEDENDO
People are being escorted in the building
All those attending the inquest are being escorted in and around the building. The vast majority of Lancashire Coroner’s officers and clerks are here
09:58FEDERICA BEDENDO
Timings of today's proceedings
The inquest will run from 10am to 1pm, then there will be a lunch break, and then continue from 2pm until 4pm/5pm.
10:03JAMIE LOPEZ
Family representatives
Nicola’s family; partner Paul Ansell, parents Ernie and Dorothy Bulley, and sister Louise Cunningham, will be represented at the inquest by solicitor Terry Wilcox, of Hudgell Solicitors, and Sophie Cartwright KC, of Deans Court Chambers.
Ahead of today's proceedings, a spokesperson for the firm said: "Nicola’s disappearance in January led to widespread media coverage and inaccurate social media speculation.
"Her family are hopeful, and confident, that the inquest process will establish the true facts, a clear timeline of what happened, and how Nicola died. Her family will not be making any comment until all evidence has been heard, and until the Coroner has delivered his conclusion."
10:07JAMIE LOPEZ
Hearing due to begin
The hearing is due to begin momentarily. While the schedules are rarely set in stone, it is likely to run for a few hours before breaking for lunch at around 1pm.
Witnesses are currently being brought into the council chamber, the large room which is used for full Lancashire County Council meetings. The chamber is a large room with a mezzanine/balcony and the coroner, Dr James Adeley, will sit at the front with a coroner’s officer at his side.
Witnesses will take it in turn to sit in the witness box just in front of the coroner, with any family immediately in front of and to the left of the coroner. The balcony overlooking the council chamber is packed with reporters including those from the BBC, Sky, Channel 4, ITV and national newspapers.
10:20JAMIE LOPEZ
Witnesses
Sat behind where any relatives will be sitting is a row of 10 people understood to be witnesses. Everyone is being brought into the chamber in small groups. Dr James Adeley is an experienced coroner used to dealing with high profile and contentious matters and it appears a lot of thought and preparation has gone into the planning of the inquest.
Terry Wilcox and Sophie Cartwright KC, part of the legal team representing Nicola’s family have arrived in court as have three senior police officers from Lancashire Constabulary. The coroner's officer has also entered the room to place documents in front of where the coroner will sit.
Among those due to give evidence are Paul Ansell and Louise Cunningham - Nicola Bulley’s partner and sister. It is understood they will be speak on Tuesday.
10:32JAMIE LOPEZ
Detective Superintendent Rebecca Smith
Among those now in court is Detective Superintendent Rebecca Smith who led the investigation into Nicola's disappearance
10:36JAMIE LOPEZ
Members of the public turned away
Proceedings are still yet to properly begin. Witnesses are still being brought in and we don’t appear to have any members of the public in situ yet. All press and members of the public were required to register their attendance in advance as places were limited.
Several members of the public were seen being turned away at the security cordon outside the entrance to County Hall as they had not registered in advance.
10:40JAMIE LOPEZ
Dr James Adeley
Overseeing this inquest hearing is Dr James Adeley. He is the most senior coroner in Lancashire and recently appeared on the Channel 5 documantary Cause of Death. Dr Adeley is a former ENT consultant and a barrister.
Lancashire also has two Area Coroners as well as several Assistant Coroners who combine the role with other jobs, typically barristers.
10:50JAMIE LOPEZ
Nicola's family enter court
Nicola’s partner Paul Ansell, her parents Ernest and Dot Bulley, and her sister Louise Cunningham have arrived in court and are sat on the front row. Paul Ansell is sat next to Nicola’s sister Louise Cunningham, wearing a light blue, long-sleeved shirt and has remained silent since coming into court
10:53JAMIE LOPEZ
Outside County Hall
Police officers from Lancashire Constabulary have been patrolling around County Hall this morning
11:03KEY EVENT
Coroner in court
Dr James Adeley has now arrived in court meaning that proceedings can begin. He starts by addressing Nicola's family directly and asking how they would like him to refer to her. They have asked that he uses 'Nikki' rather than Ms Bulley.
Dr Adeley said: “I am sorry that you are attending court under these circumstances. You have my deepest condolences and I would be grateful if you would pass that onto the children who are not in court for obvious reasons.”
He added: “I am aware that the social media and press interest has been extensive.”
11:08JAMIE LOPEZ
Today's witnesses
Dr Adeley has been outlining how proceedings will run, including explaining who will be asked to speak. Witnesses giving evidence on the first day include a Home Office pathologist; a police diver; Professor Tipton and Dr Morgan who are experts in how people drown; an expert on body flotation after death; nine members of the public who were in the area of the River Wyre when Nikki went missing; and Supt Rebecca Smith
The second day of the inquest will hear from a doctor, Nikki’s GP, and members of her family.
11:12JAMIE LOPEZ
Warning to members of the public
Dr Adeley has taken the unusual step of warning members of the public: “If anybody has the slightest inclination or is contemplating disrupting this inquest they should be aware this may amount to contempt of court.”
He said that if any such incidents occur, individuals will be allowed the opportunity to speak to a legal advocate before being brought before the coroner here at County Hall and charged with contempt of court. The coroner warned that the consequences could be a significant fine or prison.
Dr Adeley said “additional security provisions” have been put in place by police and the county council. He added: “This is to ensure the safety of everyone attending the inquest.”
Dr Armour concluded Nikki was alive when she entered the water and gave a cause of death of drowning.
11:36JAMIE LOPEZ
No signs of assault
The coroner asks Dr Armour if there was any sign Nikki had been assaulted or harmed prior to her death. “No there was not,” Dr Armour replied
Dr Armour said: “I have concluded the cause of death was drowning because of the following factors: the watery fluid within the stomach, the lungs showed typical or classical features we have seen in cases of drowning.”
She added: “The presence of the watery fluid along with the lung changes, in my opinion confirms that Nicola Bulley was alive when she entered the water.”
11:49JAMIE LOPEZ
Police diver giving evidence
The inquest is now hearing from PC Matthew Thackray from the North West Police Underwater Search & Marine Unit. PC Thackeray has been a police diver for eight years.
PC Thackray is describing the scene of the riverbank where Nikki was last seen and using a series of photographs to point out the location and the bench where Nikki’s phone was found. “These pictures were taken to try to show the slope down the banking towards the river itself,” he said.
The images show the two areas of sloping with the second much steeper than the first. PC Thackray said that although the river level was higher than normal there was around a 1 metre drop the day Nikki went missing. Pointing out a cut out at the bottom of the steep banking, he suggests this “could have been made by fishermen”.
Dr Adeley asks: “If you have fallen and gone over the edge of the steep section are you going to stop before you hit the water?” PC Thackery replied: “No. You would just go into the water.”
11:53JAMIE LOPEZ
"Very difficult to get out of the water here"
PC Thackray describes how there is a manmade river wall, constructed of large square bricks, on the corner of the river. He said “presumes [this] has been done to prevent the river banking being worn away”.
The coroner asked: “If you were in the water and trying to climb out would it be possible to find a foothold on [the bricks]?” PC Thackray replied: “No not at all… it’s very difficult to get out of the water here. There is nothing to grab hold of to help yourself back out.”
The distance between where Nikki was last seen and where her body was found is around a mile and a half, the officer said. The inquest is now being shown a video clip filmed on PC Thackery’s bodycam which shows him swimming down the river from the bench to where Nikki’s body was found.
The video shows PC Thackery starting from the bench, making his way down the banking and climbing into the water. On the floor of the river we can see a pile of large rocks with sharp edges. The river is about 4 metres deep at this point.
PC Thackray filmed this footage on Tuesday April 4, 2023. This coincides with the statement issued by Lancashire Constabulary and the Coroner after speculation mounted when the divers were spotted having returned to St Michael’s on Wyre.
12:01JAMIE LOPEZ
Cold water shock
PC Thackray tells the coroner that the temperature of the water when Nicola went missing was 4C. “If you’re not used to it then entering water at that temperature would lead to cold water shock" he said "It causes you to gasp and causes your muscles to seize up”.
The officer said: "It’s my belief that if she did fall in she was probably floating and being pushed along the flow."
PC Thackray explains that the riverbed does eventually slope up to allow you to stand but this is approximately 40 metres downstream from where Nicola is believed to have entered the water. It took PC Thackray three and a half minutes to get to this location although he said the speed of the flow was 1m/s or 2 knots on the day she disappeared.
PC Thackery said that it would be “two to three minutes” before the river would bring you to the first point where they can climb out. “That’s an awfully long time in very cold water,” the coroner commented.
12:14JAMIE LOPEZ
Water depth
Around 100 metres from where Nikki is believed to have entered the water there is a small island, the inquest hears. At this point, PC Thackery was unable to reach the bottom as the river is about two metres deep at this location.
As the video footage of his own dive continues to play, PC Thackray points out some overhanging trees as he allows the flow of the river to take him downstream. He explains he has done this, rather than swim down, to illustrate how, even when it is moving slowly, the river flow will take someone downstream. His feet still can’t touch the bottom.
PC Thackray now comes to the weir. The water flows fast over the weir and below the weir the river is tidal. PC Thackray is pointing out several “snag hazards” such as fallen trees and vegetation which weren’t searched by the police when they arrived at the scene and started diving at 4pm on the day Nikki went missing. However, the fire service did search this area in a boat.
12:24JAMIE LOPEZ
Other drowning cases
PC Thackray is asked about his experiences of deaths by drowning where the water depth is “sufficient to be able to stand up”. He said: “I have attended a number of deaths where the water is chest deep and with a flat bottom with no flow to the water. You could avoid drowning by keeping calm and standing up, however, it doesn’t happen like that when you suddenly enter cold water.
"You gasp and you breathe in water and these drownings could have been prevented if they had kept calm and kept your head above the water but it’s never that simple. In this case you can’t put your foot down, the river was moving and even if you got to the point of safety it’s difficult to climb out.”
Asked by Sophie Cartwright KC, the barrister representing Nicola’s family, PC Thackray said the advice for if someone falls into cold water is to float.
"If you try to swim you are impaired. Your muscles seize and you tire very quickly.
12:39JAMIE LOPEZ
Evidence from diving experts
Next up to give evidence are Professor Mike Tipton from the University of Portsmouth and Dr Paddy Morgan, who is a is a consultant anaesthetist and medical director for HM Coastguard. They jointly produced a report looking at the mechanism by which a person dies from drowning.
Prof Tipton has published more than 750 papers on the physiological response to extreme environments such as cold water. They are giving evidence together.
Prof Tipton says he “leads the world in terms of expertise” on cold water shock and Dr Morgan handed over to him after commenting that "a particular complication on this day was the water temperature"
Prof Tipton said: “The lethal dose of water into the lungs, with freshwater, is two litres. In that first breath [for a person of similar weight to Nikki] you would have taken in 1-2 litres. So it would only take maybe one or two breaths to cross the lethal dose.”
Prof Tipton explained that when you enter cold water your heart output increases, your blood pressure increases and you have no control over your breathing. The professor was shown what Nicola was wearing on the day she went missing and said it offered "no real protection" from the water.
12:45JAMIE LOPEZ
Loss of consciousness
Prof Tipton was asked how a person would respond psychologically to entering cold water. He replied: “You are absolutely preoccupied with the challenge you are being presented with. You need to breath hold but your ability is significantly impaired if not removed.
"Those first seconds in the water people really aren’t considering anything else. We have heard people talk about roots to grab onto and points of safety but you would not be thinking about that.
"You are preoccupied with attempting to hold your breath and get back to the surface. There is no normal, logical cognition going on. You are absolutely distracted and entering such water is a painfully cold experience.
Prof Tipton said at the temperature the River Wyre was on the day Nicola went missing someone would lose consciousness within around 25 seconds. “It is very rapid incapacitation,” he added.
13:06JAMIE LOPEZ
Nicola 'unconscious before first escape point'
Prof Tipton explained that it is not solely the exchange of water and oxygen which leads to a person drowning. As well as taking up space in the lungs normally filled with oxygen the water “damages the lungs… the alveoli are collapsing”. Dr Morgan said that when the damage and/or amount of water inhaled gets to a certain point “the heart will stop pumping and the brain switches off”.
Dr Morgan said that if someone has taken an initial gasp, from the cold water shock, and then goes underwater the length of time you would be able to hold your breath is “10 seconds at best and most likely one to two seconds”. In Prof Tipton's opinion, Nicola would have been unconscious before her body reached the first escape point.
He said: “In my opinion, given the nature of the likely entry into the water, at speed down a steep slope, gone into the water I think Nikki had a gasp response under the water which initiated the drowning response very quickly.” She would have died in less than 10 seconds.
Prof Tipton said that if Nicola had fallen in where it is suggested then “there is a very good chance that the initial gasp would have happened under the water” which means unconsciousness would have been much quicker.
13:13JAMIE LOPEZ
Lunch break
The hearing has now broken for a lunch break and will resume at 2pm
