by Keith Hunt and Alex Claridge

Police are denying they missed an opportunity to seize a shotgun from a man who used it the following day to murder an ex-soldier in cold blood.

Richard Donovan shot Philip Fox, 59, the day after officers had been called to his mother’s Thanington home after a reports of shouting followed by a loud bang.

But Maidstone Crown Court heard police accepted the 26-year-old’s explanation that he had punched a wall.

The following day, on August 4 last year, Donovan slipped into woods and blasted Mr Fox to death as he sat in his tent because he wanted to feel what it was like to kill somebody.

A jury of 10 men and two women heard that police were called to his mother’s house in Ingoldsby Road on August 3, where they found Donovan in a drunken and agitated state.

Caller Colin Lax said he could not be sure whether he heard a shot, or a car backfiring.

In court PC Sophie Wolfenden said: “Donovan said he was out in the back garden and had punched a wall. I remember looking at his hand and there was no injury.

“He was slightly intoxicated and agitated at us being there.”

After Donovan’s murder conviction and life sentence last Thursday, Kent Police were asked why they had not further investigated.

Temporary Assistant Chief Constable Steve Worron said: “The caller made it clear they did not want officers to attend and speak to him.

"The incident has been reviewed and the response by officers was lawful and proportionate based on the information and their assessment of the situation.

“There was no criticism of police by the court. However, after every homicide court case there is a review of the investigation by the Kent and Essex Serious Crime Directorate to see if there are any lessons.”

Mr Fox’s body lay undetected for more than seven months until it was discovered by other homeless men on April 25 of this year.

The next day, city council cleaners cleared the site behind B&M Bargains on the Riverside Retail Park and disposed of his tent and belongings – while police treated the death as “unexplained, but not suspicious”.

Donovan – described as a “cold, calculating and dangerous young man” – was arrested only after his ex-girlfriend Daisy Avery saw media coverage of Mr Fox’s death and reported that Donovan had told her he was responsible.

Mr Worron went on: “There were no obvious signs of third party involvement.

"Due to the condition of Mr Fox’s body, which had been there for some considerable time, and after carrying out an assessment at the scene, the death was treated as unexplained.

"When a witness provided new information, having seen news coverage of the discovery of Mr Fox, a CT scan was undertaken and a post-mortem was carried out.

"Further investigation led to evidence being gathered that was sufficient to prosecute Richard Donovan for the murder of Mr Fox.”

Judge Adele Williams praised Miss Avery for her courage in giving evidence.

“As soon as Daisy Avery learned of the discovery of the body through the press, she went to police,” the judge said.

“She very bravely gave evidence at this trial because you threatened to kill her and her family if she told anyone.

“She has ensured you have been brought to justice. She has done the right thing and is to be commended for her bravery.”

Judge Williams told Donovan that he would languish in jail for 30 years before being considered for release.

She said: “You took Philip Fox’s life without hesitation or conscience. For a murder committed with a firearm, the starting point is 30 years.

“It means you cannot be considered for parole until you have served that minimum term. You may serve longer. You may never be released. That will be a matter for the parole board.”

Prosecutors alleged that the murder weapon had been supplied by Tony Hindmarsh, who was married to Donovan’s cousin.

The 36-year-old was acquitted of transferring a firearm, but convicted of illegally possessing ammunition.

Bullets were found among clutter in his home at The Parade, Greatstone, three years after his firearms licence had lapsed. He was jailed for a year.

Judge Williams praised the police for their “exemplary investigation in very difficult circumstances.”