The family of a man whose concerns about the murder of Katie Simpson were ignored by the PSNI - and who later took his own life - is set to launch legal action against the force.
The PSNI is also facing calls to make a “heartfelt personal apology” to Paul Lusby’s widow Linda Jayne and his four children as it emerged they have asked the Coroner Service to hold an inquest into his untimely death in July 2022.
Mr Lusby raised repeated concerns with the PSNI in the days before and after Katie Simpson’s death, but these not heeded by police.
The showjumper died in hospital six days after being attacked and raped at a house in the Lettershandoney, Co Derry, in August 2020, aged 21.
Her sister’s then partner Jonathan Creswell (36) later claimed that she had tried to take her own life.
This explanation was accepted by the PSNI and her death was initially treated as suicide before a murder investigation was eventually launched.
Creswell killed himself on the second day of his trial for the rape and murder of Ms Simpson in April 2024.
In a recent damning review into the Simpson case, Dr Jan Melia described Mr Lusby as “a much-loved father and husband” and acknowledged that his death “helped raise the alarm about Jonathan Creswell”.
The review also found that police failed to respond to Mr Lusby’s initial concerns about Creswell, which were first raised when Ms Simpson was still alive.
It has also emerged that information subsequently provided by Mr Lusby was not properly recorded by police.
The recent review confirms that after Mr Lusby spoke to police Creswell rang and messaged him.
“Mr Lusby felt that the intention behind these calls/messages was to pressurise him because he had spoken to the police,” the Melia review confirms.
After a call from Creswell to his son, Mr Lusby “was fearful that Creswell could assault him, or worse”, the review states.
It concludes that Mr Lusby “felt intimidated” by Creswell “after cooperating with police”.
“The prolonged delay in the investigation is understood by his family, to have significantly exacerbated his distress, ultimately contributing to his death,” the review adds.
Mr Lusby’s family has now launched legal action against the PSNI for negligence, breach of statutory duty and breach of the Human Rights Act, including Article Two, the right to life.
Legal correspondence from KRW Law to the PSNI sets out the Lusby family’s intention to issue civil proceedings in the case.
It adds that Mr Lusby was a “known complainant”, source of intelligence and an “individual at risk whose interactions with the PSNI spanned a prolonged period and involved repeated expressions of fear, intimidation and concern for his own safety”.
It is stated that Mr Lusby was also “subjected to a violent assault” by people close to Creswell, “resulting in physical injury”.
Further legal correspondence states that Mr Lusby’s family “note that senior PSNI leadership and the Policing Board have publicly acknowledged serious failings relevant to this death, reinforcing the need for enhanced scrutiny”.
In a statement, Mr Lusby’s family described him as a “kind, compassionate man who cared deeply about justice”.
“He showed courage in speaking out on behalf of others, and we remain incredibly proud of him,” they said.
“That is how we wish him to be remembered.”
His family confirmed recent legal developments.
“As a family, we are currently engaging with formal legal processes in relation to his death,” they said.
“We ask that this process is respected and allowed to proceed without commentary or speculation.”
Mr Lusby’s family urged the “media and public alike to exercise sensitivity, respect our father’s dignity, and allow us the space to grieve”.
“Please let him rest in peace as we try to navigate life without him,” they added.
Kevin Winters, of KRW Law, said the Lusby family need a personal apology.
“The PSNI general apology was welcome but Paul’s widow and her young family need a heartfelt personal apology now,” he said.
“That will go a long way to supporting what will be a challenging application for an inquest.”
A spokeswoman said the PSNI “acknowledge the suffering and pain of the Lusby family”.
“In recent weeks both Assistant Chief Constable Davy Beck and the Chief Constable Jon Boutcher have apologised for the failings of the PSNI into the initial investigation into the death of Katie Simpson,” the spokeswoman said.
“Earlier this month Dr Jan Melia published her independent review into the case of Jonathan Creswell and the death of Katie Simpson.
“Acknowledging the PSNI failings, Assistant Chief Constable Davy Beck said: “The PSNI missed opportunities.
“Warning signs were not fully recognised early enough.
“We did not listen to some of those who raised early concerns, they got it right and we were too slow to respond to their concerns that was wrong.
“Patterns of coercive control were not sufficiently understood or challenged.
“Investigative decisions did not always reflect the level of professional curiosity and rigor that should have been applied.
“The failings are clear. We fell short. For that, I am truly sorry.“
“The Police Service of Northern Ireland as an organisation will take learnings from our failures into our initial investigation into Katie’s death.”
