A GRIEVING dad today won a David and Goliath court battle against Essex Police for the right to sue them for "botching" investigations into the death of his son 12 years ago.

Les Balkwell, 67, claims the force breached his human rights by failing to seize evidence and interview witnesses after son Lee Balkwell, 33, was found dead wedged under the drum and chassis of a cement mixer at Baldwins Farm, Dennisses Lane, South Ockendon, at 1am on July 18 2002.

The force applied at the High Court to strike the case out, arguing human rights actions had to be brought within a year of the incident being complained of.

But Mr Balkwell told how he had to battle for over a decade to get information from police to support his case and needed to wait for an Independent Police Complaints Commission inquiry which produced a damning report on the force investigations but not until January 2012.

Judge Master Eastman ruled: "I think it would be wrong of me to conclude this action should be struck out on limitation grounds I say it is equitable to allow it to go ahead on all grounds."

The case will now go to trial.