Inquest into Taunton man Josh Clyaton's death suspended over new evidence

A coroner dramatically halted an inquest into the death of Josh Clayton after a key witness made damning new claims.

The 23-year-old bar manager was found dead 11 days after on an unihabited island after vanishing from a private party on the isle of Tresco on September 13, 2015, where it was claimed hard and soft drugs were used.

It was also claimed the partygoers were drunk, and there was an allegation of a sexual assault as well as a physical scuffle.

The coroner yesterday ordered Devon and Cornwall police to carry out further investigations and share their information with the Crown Prosecution Service.

The new investigation will see police interview witnesses including Tristan Dorrien-Smith, the son of the family who own and run the island of Tresco in the Scilly Isles.

On the third day of the inquest held in Plymouth, the barrister for the police Andrew Waters said that new evidence given by painter and decorator Leroy Thomas meant ‘there are lines of inquiry which need to be pursued and bottomed out’.

He said Mr Thomas, 42, from St Day, Cornwall, had given two statements to police in September 2015 when Josh disappeared after a private party on Tresco, and again in October that year.

But giving live evidence on Tuesday afternoon, Mr Thomas gave a very different account which the coroner said ‘surprised’ everyone.

Mr Waters said Mr Thomas, who had been at the party, claimed he saw Josh involved in an altercation with some Polish or Hungarian young men.

Mr Thomas told the 10-strong jury that Josh was ‘ranting and raving’ and said he was ‘going to kill himself’ before he ran off into a gorse thicket.

Mr Thomas said he later returned to the scene of the alleged fracas later in the early hours to look for Josh but could not find him.

Mr Waters said if this new account was truthful, then the police need to corroborate his evidence with the East European seasonal workers, and also with Tristan Dorrien-Smith.

The inquest heard Mr Dorrien-Smith, the son of the island’s owners, had asked Mr Thomas to leave the party but Mr Thomas said he told him about the altercation.

However, Mr Dorrien-Smith in giving answers to a police questionnaire handed to all 43 partygoers, said he was ‘not aware of any incident’.

Mr Waters said the police need time to track down some of the key witnesses, who may be working in other parts of the world, and interview them again.

The barrister for Josh’s family, Thomas Leeper, said they wanted the case referred to the Director of Public Prosecutions because of a ’gap in the evidence’.

He said there was new evidence of a fight involving Josh on the night he disappeared outside The Shed where the private party was held.

He said the police investigation has been ‘inadequate to date’ and he said the forensic pathologist gave evidence based on incorrect assumptions and misconceived information.

He said the foreign workers needed to be traced and interviewed ‘as a matter of urgency’.

He told the assistant coroner for Cornwall Ian Arrow:”Mr Thomas’ suggestion that Tristan Dorrien-Smith has information relating to the circumstances of Josh’s disappearance is of great concern in the light of Mr Dorrien-Smith’s failure to abide with your request to attend and give evidence at this inquest.”

Mr Leeper said Mr Thomas left Tresco 48 hours after Josh disappeared ‘knowing he had provided incorrect information’. The painter was sacked just a week after arriving on Tresco.

He said: ”Leroy Thomas must be interviewed under caution as to his involvement and knowledge of Josh’s disappearance as a matter or urgency.”

"The family very regretfully has no confidence in the ability of Devon and Cornwall Police to conduct an effective investigation.”

He said the force treated it as a missing persons inquiry saying: ”It was not treated as a criminal investigation. There was substantial evidence of criminality on the night in question.”

Mr Lepper said there had been a sexual assault at the party, a physical assault when there was a scuffle and a T shirt was ripped.

He said there was substantial evidence of soft drugs and significantly hard drugs being used at the party.

He said partygoers said Josh had been ‘smashed and vacant’ as though he had consumed drugs – but that was wrong.

He said no drugs were found in his system and he was ‘nothing like the state of intoxication’ that had been said.

The post mortem concluded Josh was 2.5 times the legal drink drive limit.

He said no members of the Tresco estate management had been interviewed by police which he called ‘serious omissions to secure an adequate inquiry’.

He said no forensic tests were carried out on Josh’s clothes, which were then destroyed. These included a blood stained fluid which was on the front and back of his T shirt.

He said there was a two week delay in the post mortem being carried out – and no tests were carried out on a bike dumped at the scene, a van, some golf buggys, and Josh’s cigarette packet and phone charger.

He said the family want the DPP to supervise a proper criminal investigation.

The coroner Mr Arrow said:”It is key that Leroy Thomas is re-interviewed.”

He discharged the jury and suspended the inquest indefinitely saying: ”I would invite Devon and Cornwall police to share their files with the CPS.”

Earlier in the inquest, pathologist Dr Russell Delaney, who carried out the post-mortem examination on Josh, said it was ‘possible’ he had been pushed into the sea.

But he also said he could have fallen or walked into the water, or been lying on a beach and washed out by the incoming tide.

Dr Delaney said: ”There were no injuries to show he had been violently assaulted prior to his death. There were no major traumatic injuries.

Josh’s tearful family did not comment as they left the inquest.