A MOTHER whose severely disabled son drowned while left alone in a care home jacuzzi, is to fight on for justice despite losing a High Court battle to have those she feels responsible for his death prosecuted for manslaughter -- and a bid to appeal to the House of Lords turned down.

On hearing the decision, Brenda Rowley, whose five year long fight to challenge the Director of Public Prosecutions' refusal to bring criminal charges over the death of her son Malcolm at 30 in July 1998 failed, hit out at the care, legal and justice system as a comedy of errors.

Brenda, of Whimbrel Road, Astley, said: "I have always appreciated this would be a difficult action to bring as we were challenging a specific point of law, but I am outraged not only at the decision handed down but the way it was reached.

She claimed: "Important written undisputed factual evidence from the case file was stated incorrectly on several occasions and on one occasion was stated in the complete reverse.

"This does not bear testimony to the fact that the case was carefully examined. This is not just my opinion as an aggrieved mother but can be verified by factual record.

"We applied for leave to appeal Lord Justice Kennedy's ruling and leave was denied. This is hardly surprising as law dictates that we apply to the same Lord Justice Kennedy, effectively requiring him to grant us permission to appeal against his own ruling.

"In Malcolm's case, from the time of his unnecessary death to the High Court hearing I have found the care, legal and justice system to be one long comedy of errors that no ordinary person could possibly believe. I will continue in my fight to obtain justice for Malcolm and to have the issues surrounding his death recognised.

"However if it were not for the tireless efforts in their dedication to justice of my solicitor and barristers and the respectful and dignified manner in which they represented Malcolm's case I would have lost all faith in the justice system. It is both sad and alarming that not all members of the judiciary possess that same manner and dedication."