Monday, January 24, 2011

Prosecutors apologise as man wins right for case to be reopened

A MAN who refused to give up the fight when his home was damaged has won a long battle to have the case reopened.

Howard Shakespeare was furious when nobody was charged after bricks were thrown through the front door of his Bramcote home last February.

This was despite the fact he had dialled 999 and followed a suspect, tracking him until police cars and the force helicopter arrived and a 47-year-old man was arrested.

But the Crown Prosecution Service (CPS) later said they could not guarantee this was the same person he had chased from the scene – and no charges were brought.

But following complaints made by Mr Shakespeare, proceedings have now started against a suspect and a court hearing is set for February 25 at Nottingham Magistrates' Court.

Mr Shakespeare said he had complained to Notts CPS twice before taking his case to the organisation's headquarters in London.

It was then referred to Nick Hawkins, a chief crown prosecutor at CPS Hampshire and the Isle of Wight.

In a letter to Mr Shakespeare, Mr Hawkins said: "Police were not provided with the appropriate investigation advice by the CPS.

"I consider that we did not discharge our duties well in this case.

"I offer you an unreserved apology on behalf of the Crown Prosecution Service."

The letter explains that the CPS lawyer was wrong not to advise the police to hold an identification parade at the time; and that police could have been asked whether it was possible to obtain further evidence to strengthen the prosecution case. However, Mr Hawkins added he could not give Mr Shakespeare any guarantees of a conviction.

Mr Shakespeare, who previously told the Post that he was prepared take the case to the European Court of Human Rights, said he was delighted with the latest development.

He said: "While many people may say such things, but do nothing about it, I did.

"I had the resources to follow it through, I did feel in the end it would be positive."

A spokesman for the CPS said: "The CPS has kept this case under continual review following correspondence from the complainant.

"As a result of this, further work has been carried out by the police and proceedings have now recommenced.

"It would be inappropriate to comment any further at this stage as this is a live case."



Source: http://rss.feedsportal.com/c/32715/f/503354/s/11fb4666/l/0L0Sthisisnottingham0O0Cnews0CProsecutors0Eapologise0Eman0Ewins0Eright0Ecase0Ereopened0Carticle0E31349450Edetail0Carticle0Bhtml/story01.htm

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