Less than a year since News Shopper launched its Justice For Paul campaign, a joint review into the toddler's death is recommending manslaughter charges be brought. SARA NELSON reports.

SINCE the day Paul Gallagher's parents saw their two-year-old son struck on the head by a speedboat and later die from his injuries, they have battled tirelessly for justice.

Last year, senior Met Police detectives travelled to the Bahamas and produced a report branding the original investigation "flawed" and calling for the case to be reopened.

The unpublished report reveals the driver of the boat, which hit the Orpington toddler, tested positive for cannabis.

But the blood and urine samples, which were taken from boat driver James Bain on the day of the incident, apparently lay in a cupboard for four years.

And they were not analysed until the review last year.

According to the Royal Bahamas Police Force, the presence of cannabis in Mr Bain's blood "could not be used to infer impairment".

But Met Police forensic advisors have pointed out the timescales and way the samples were stored could have resulted in deterioration.

This means the readings could have been higher if they had been analysed earlier.

When the samples were tested by the British team, they showed Mr Bain's blood contained 5.1 nanograms of carboxy-tetrahydrocannabinol, an active ingredient in marijuana plants.

Two days after Paul died, Bahamas police documents stated Mr Bain "contributed to the death of Paul Gallagher by negligence".

The documents were forwarded to the country's central directive unit requesting further investigation and a more detailed statement from Mr Bain.

But this did not happen.

A warrant for Mr Bain's arrest was finally issued in November last year.

To date, he has not been arrested.

The Met review also confirms the boat which struck Paul was not licensed or registered.

And Mr Bain did not have a valid captain's licence.

Under law in the Bahamas, these are "summary" offences, punishable by fines ranging from $100 to $150.

But the report says a much fuller investigation taking these factors into consideration is "necessary to explore the criminal culpability of the boat owners and operators".

Once further investigations have been completed, the report suggests the Attorney General should consider the offence of manslaughter through negligence - punishable by up to five years in prison.

The report also describes the original investigation as "poorly resourced" and adds "mistakes of significant importance" were made during it.

FAMILY'S REACTION TO REVIEW

PAUL Gallagher, of Repton Road, Orpington, said: "This report tells us the original investigation into our son's death was riddled with more holes than Swiss cheese.

"It is certainly a case of I told you so' and the Met Police have proved it.

"The question is though, it's four-and-a-half years since it happened and there is still nothing to show for it."

He added: "I am disgusted. The Bahamian authorities have had this report for nearly five months and as far as I can see they haven't acted.

"The Foreign Office told us once James Bain was taken into custody we would be told immediately.

"This hasn't happened, despite them saying a warrant was issued in November."

More than 1,000 News Shopper readers joined the campaign to push for a full review into the toddler's death.

Virgin boss Sir Richard Branson also gave us his backing and last year treated the Gallaghers to a four-week Florida holiday - their first since Paul's death.

  • The Bahamian authorities have declined to comment on any of News Shopper's stories about the Gallaghers.

CAMPAIGN'S TIMELINE

  • August 6, 2002: Paul and Andrea Gallagher arrive in the Bahamas with their three children, five-year-old Heather, one-year-old Andrew and Paul.
  • August 15, 2002: As the family celebrate Mr Gallagher's birthday, two-year-old Paul is struck by an out-of-control speedboat which mounts the beach as he dozes in a deckchair.
  • August 20, 2002: Toddler Paul dies in hospital.
  • June 12, 2003: A Bahamas inquest returns a verdict of accidental death.
  • October 28, 2004: Another inquest is held at Bromley Magistrates Court. Coroner Dr Roy Palmer returns an open verdict.
  • February 15, 2006: News Shopper launches Justice for Paul - a campaign pushing for a full reinvestigation into the boy's death.
  • April 4, 2006: Paul and Andrea Gallagher, joined by Orpington MP John Horam and reporter Sara Nelson, are locked out of the Bahamas Consulate as they try to deliver 1,000 News Shopper reader signatures calling for a police review into the tragedy.
  • May 29, 2006: Senior Met Police detectives fly to the Bahamas to conduct a two-week review into the incident. A report of the review is printed and distributed to relevant authorities in August.
  • November 19, 2006: The Royal Bahamas Police Force issues a warrant for the arrest of the boat driver, James Bain.
  • TODAY: The Gallaghers and Mr Horam will meet with the Met Police detectives who took part in the review and Foreign Office Minister Lord Triesman to discuss the developments so far.