He has still to face a drugs handling charge though.
The detective whose failings probably left Harold Shipman free to kill three more times learned yesterday that he will not face trial on a charge of perjury.
The Crown Prosecution Service (CPS) has decided there is insufficient evidence to pursue Det Insp David Smith, despite the fact that he lied on oath to a High Court judge.
The decision, which may allow the officer to retire following a two-and-a-half year suspension from Greater Manchester Police, has enraged relatives of Shipman's victims.
Britain's most prolific serial killer had already murdered more than 250 of his patients by the time Det Insp Smith was called in. He failed either to speak to Shipman or to check whether he had a criminal record. He then lied both to his superiors and to the inquiry headed by Dame Janet Smith.
Det Insp Smith, who has been paid more than £100,000 in wages since his suspension on full pay, was also criticised by another judge over his role in a separate murder investigation. David Barnshaw, a drugs dealer, was murdered in 1999. Six men were later charged, but their trial was halted when it emerged that police had deliberately withheld evidence and failed to disclose information to the defence.
During that case Judge Penry-Davey, sitting at Preston Crown Court, accused Det Insp Smith of "not telling the truth''. The officer was suspended in relation to both matters on August 1, 2003. He has yet to appear before an internal disciplinary panel.
The Independent Police Complaints Commission confirmed in January that neither he, nor four other officers involved in the Barnshaw murder trial, would face criminal charges.
A spokesman said at the time: "We will now wait for Greater Manchester Police to submit a decision outlining what disciplinary proceedings, if any, are appropriate.''
Det Insp Smith, 48, was asked to investigate Shipman in March 1998. A partner in a neighbouring medical practice in Hyde, Manchester, had expressed concerns to the local coroner, who called in the police.
During the investigation Det Insp Smith failed to ask for autopsies and toxicology tests on two victims, and denied having been told by Shipman's whistle-blowing colleague, Dr Linda Reynolds, that the bodies would have been available for testing at the time.
The Shipman Inquiry concluded that many of his mistakes were made because of a lack of experience and supervision and that he was "out of his depth''. Dame Janet said he lied about what Dr Reynolds had told him "in an attempt to evade responsibility for his failure to arrange an autopsy".
The detective's failure left Shipman free to kill three more of his patients. Danny Mellor, whose mother, Winifred, was one of Shipman's later victims, reacted with fury to the decision.
"It's astonishing that the CPS had the words of a High Court judge to go on and they still couldn't find enough evidence," he said. "I feel that at least a jury should have been given the chance to come to its own conclusion." Mr Mellor said there seemed to be "an inordinate reluctance" to prosecute police officers.
Jayne Gaskell, who believes she lost both her parents to Shipman, said she was appalled that Det Insp Smith's case had yet to be resolved. "I can't believe that this man has been paid so much for so long to do nothing while families like ours are denied justice."
Mrs Gaskell's father, Sydney, is thought to have been murdered in 1979. Sixteen years later Shipman gave her mother, Bertha, 69, a lethal injection of diamorphine. Mrs Gaskell said: "People probably died because Mr Smith didn't carry out that first investigation properly. He should not be being paid and I'd like to see him cut out without a pension."
A spokesman for Greater Manchester Police said disciplinary action against Det Insp Smith was still under consideration. Mr Smith, who is believed to live in the Glossop area of Derbyshire, could not be contacted last night.
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