Josh Bashford's family say court delays have 'destroyed' them
A family say they have been "destroyed" by multiple delays of the trial of a man who is accused of murdering their son and his wife in their family home.Josh Bashford, 33, and his 30-year-old wife, Chloe, died in Newhaven in June 2023, and a man was charged by police soon after.A trial has been postponed five times - delays which Josh's mother, Sharon Bashford, said were "cruel", and had left the family feeling there has not been any justice for her son.The Ministry of Justice said in a statement: "We know that justice delayed is justice denied, and it is clear there are many cases taking far too long to go to trial."
Mrs Bashford said: "We're fighting every day and it takes so much strength from us. We can't move on with our lives."We're tired. We're finding it difficult to cope. We don't sleep, we just exist."In August 2023, Derek Martin, from Moulsecoomb in Brighton, denied murdering the couple.A trial was due to begin in October of that year, but following a series of delays, a brief hearing was held last February.The trial was then adjourned until October.The delays have meant that the family were left not knowing how Josh died, Mrs Bashford said.
Josh's dad, Andrew Bashford, said his family felt they were treated like a "non-entity" by the court system.He said: "I think the victim's families are largely forgotten in all this, and I think they should be at the forefront of everyone's thoughts. "It needs to be resolved as quickly as possible so they can try to move on without causing more anguish and stress."Billy Bashford, Josh's younger brother, said being repeatedly let down had been "traumatising".He said: "It feels like we're in a place where we have no power. You get prepared to find out what happened - to get justice - you sort out time off work, and childcare, only to be told it won't happen. It's very hard mentally."You do lose faith in the justice system. Two people are gone and nothing's been done. It's destroyed us."
The couple were described as "amazing parents" to their four young children by their families after their deaths.In April, Chris Ward, the MP for Brighton & Kemptown and Peacehaven, raised the case in Parliament, and called for trials to be conducted more promptly.Ministry of Justice figures show there were now 75,000 crown court cases waiting to be heard, with the growing backlog meaning new cases are now being planned for 2029.In a statement it acknowledged many cases taking far too long to go to trial. The statement added: "That's why we've asked Sir Brian Leveson to propose once-in-a-generation reform to address the outstanding backlog in our courts."Alongside this we're also providing funding for a record level of sitting days this financial year, raising national court capacity to deliver swifter justice for victims."
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'Its case, which continued to be pursued in defending the ensuing appeals, was that the appeal developments significantly harmed the character and appearance of the site, the streetscene and the area more widely. 'I disagree with the Council on this matter of planning judgment. That would not by itself be a basis for a finding of unreasonable behaviour. 'However, the local presence of the very extensive and high close-boarded fencing serving the Essex County Bowling Club, with very long sections directly abutting the highway - quite close to the appeal property and on the same side of Imperial Avenue – does not appear to have been considered at all by the Council in coming to its view. 'There is certainly nothing in the officer reports (on each appeal scheme) which refers to it. 'Indeed, they say that 'The streetscene in this part of Imperial Avenue has a strong open character with low front boundary treatments…' To make that statement without mentioning, considering or assessing the very obvious and substantial nearby counterexample was both amiss and unreasonable. 'It seems to me that, had the single main issue in dispute been more properly assessed, there would have been no need for the appeals to have been made in the first place and that the appellant has been put to unnecessary expense. 'I therefore find that unreasonable behaviour resulting in unnecessary or wasted expense, as described in the Planning Practice Guidance, has been demonstrated and that full awards of costs are justified in respect of both appeals.' Speaking to MailOnline outside the nursery, parents had previously told of how they felt safer with the structure being in place. 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'It's a brilliant nursery and they've got the best interest of the kids at heart. 'Prior to it being like this, you could see into the baby room. 'When my eldest was in the baby room, you could see her, you would be able to wave. But obviously, that's different as a parent than a stranger being able to look in. 'It feels a lot safer now, knowing that no-one can see in or get in easily. It's very secure. 'Having the fence also means they can use the outdoor space for kids. I think they have Santa there at Christmas and stuff like that.' She added: 'They do try and make it look as attractive as possible too, so they change it seasonally, so it's all Halloween-themed at the moment. 'I don't think it's an eyesore.' The council's enforcement notice for the removal of the fence had stated that the height, layout and 'solid appearance' of the fence deemed it unacceptable for the area. The decision notice stated: 'The development at the site, by reason of its height, layout and extent, and the solid appearance of the fencing within the frontage, appears visually prominent, stark, and materially out of keeping with the typically spacious setting of the surrounding area, and has resulted in significant harm to the character and appearance of the site, the streetscene and the area more widely.' But now, the Planning Inspectorate's appeal decision states that the fence does not appear 'excessive' or 'incongruous' and can remain standing. Speaking to MailOnline, one neighbour had said of the development: 'It is a bit unsightly. I was amazed they were even allowed to put it up, but turns out they weren't. 'I understand why they did it, but planning permission is planning permission and you have to abide by it. 'My personal opinion is that it is a bit unsightly. It would have bothered me more if I was right next door to it. But even from here, it is unsightly.' Another neighbour echoed the same concerns, saying: 'It's not nice, it looks awful. 'And the planning was retrospective as well.' While most parents said the fencing made them feel safer, one parent said the outdoor space is very rarely used. She said: 'We're not too bothered either way. I can understand that some of the neighbours don't particularly like it. 'Before it was up, we were funnelled a different way. So really you would only see into the baby room if you were queuing to pick up your children. 'So, if you were a stranger not part of the nursery, you would have to actually come off the street, stare in a window and be quite obvious about it. 'I know the nursery are saying it's for safeguarding but when it's just the parents having a quick look in to see their children, I don't think that's much of an issue. 'And I've never seen anyone use that outdoor space. To my knowledge, it's not really used.' Another parent, however, said he had pledged support for the nursery who at the time had a petition going. He said: 'I've actually emailed the nursery showing support for their petition. 'It seems like the council is looking at the view of the place and the aesthetics than the safety of our kids. 'The whole point was to protect the kids. 'I feel a lot safer leaving my kid here knowing the fence is up. 'It stops people from seeing in and being able to look at the kids.' A grandmother picking up her grandson from the nursery added: 'I think it's terrible. The fence gives a bit of safety for the children. 'It's very strange that the council are doing this.' The nursery said: 'Imperial Day Nursery has successfully defended itself in its dispute with Southend City Council over the frontage of the property, both Nursery and residential. 'We are thrilled with the outcome of the appeals including our applications for costs. ;This matter has hung over the nursery for more than two years now and with associated costs amounting to just over £35,000 it has been a very heavy financial burden to bear with no guarantee of success. 'Other similar children's nurseries treated and experiencing the same may not have had the resources to survive as we have managed to do. 'We feel that our approach has been fully vindicated by the appeals inspector. 'As both a business rates and a council tax payer it is extremely concerning that the council's unreasonable behaviour has cost Southend on Sea City Council taxpayers so dearly. We sincerely hope that lessons will be learnt from this judgement moving forward and applied accordingly.' The council have since acknowledged the Planning Inspectorate's decision. Cllr Anne Jones, cabinet member for planning, housing, and the local plan, said: 'The Council took a balanced decision, recognising the benefits of the fencing for the nursery, while also acknowledging the harm its prominence caused to local character. 'We respect that the Planning Inspectorate reached a different view on where that balance should lie.'
