The family of a former Chatham man who died after being bullied in prison are set to take the Ministry of Justice to court.

Johnny Baker-Heffernan was found hanged in his cell in Swaleside Prison, Sheppey, in March 2012, with a 2015 inquest recording a verdict of suicide.

But father John Heffernan, who lives in Australia, and auntie Shelly Heffernan, say the investigation was flawed from the outset.

They claim prison staff covered up what really happened to Johnny, who they think was murdered.

Forensic pathologist Professor Johan Duflou, of the University of Sydney, was hired by Mr Heffernan to go over the findings of colleague Dr David Rouse.

Dr Rouse concluded there were no signs of third party involvement in Johnny’s death.

But Prof Duflou said Dr Rouse’s investigation was “performed to a standard well below that expected of a quality death investigation”.

He added the autopsy was carried out late, eight days after Johnny's death; a visible stab wound to the neck was missed; and a Home Office pathologist wasn’t used, despite deaths in custody requiring one.

All of this, he said, meant the autopsy was “markedly substandard” and its value was “significantly compromised” meaning he could not come to a safe conclusion on how Johnny died.

Dr Rouse countered those claims, saying: “I had no concerns at the time and if I had I would have contacted the police without hesitation.

“It sounds like Prof Duflou is applying Australian standards to a UK case.”

He added while for a brief period in 2015 Home Office pathologists were required for deaths in custody this is no longer the case and was not when he carried out his investigation, while an eight-day wait was “not unusual”.

Acting on Dr Rouse’s evidence, a coroner concluded Johnny took his own life and the prison bore some responsibility for failing to look after him. But armed with Prof Duflou’s report the pair have vowed to take the MoJ to court.​