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Family loses witness murder case Family loses witness murder case
(21 minutes later)
The family of man murdered by a former employee he was due to give evidence against in court has lost its claim that police failed to protect him.The family of man murdered by a former employee he was due to give evidence against in court has lost its claim that police failed to protect him.
Optician Giles Van Colle, 25, was shot in Mill Hill Broadway, north London, in 2000 by Daniel Brougham.Optician Giles Van Colle, 25, was shot in Mill Hill Broadway, north London, in 2000 by Daniel Brougham.
Mr Van Colle's family claimed Hertfordshire Police had breached his human rights in failing to protect him.Mr Van Colle's family claimed Hertfordshire Police had breached his human rights in failing to protect him.
However, Law Lords ruled unanimously in favour of the force, as well as Sussex Police in a similar case.However, Law Lords ruled unanimously in favour of the force, as well as Sussex Police in a similar case.
Last year, three appeal judges rejected a challenge by Hertfordshire Police regarding the conclusions of a High Court judge involving the case.Last year, three appeal judges rejected a challenge by Hertfordshire Police regarding the conclusions of a High Court judge involving the case.
They ruled there had been a violation of human rights laws in failing to "discharge the positive obligation of the police" to protect Mr Van Colle's life.They ruled there had been a violation of human rights laws in failing to "discharge the positive obligation of the police" to protect Mr Van Colle's life.
Hammer attack Police forces as well as other public authorities and their insurers can breathe a sigh of relief Lawyer Mark Whittaker
His life would have been protected if he had been placed in a safe house, the court was told.His life would have been protected if he had been placed in a safe house, the court was told.
Mr Van Colle had been due to give evidence against Mr Brougham, a former employee who was sacked for stealing from his shop.Mr Van Colle had been due to give evidence against Mr Brougham, a former employee who was sacked for stealing from his shop.
Brougham was jailed for life for murder in March 2002 and his appeal was dismissed in May 2003.Brougham was jailed for life for murder in March 2002 and his appeal was dismissed in May 2003.
In May this year a court heard Brougham, a petty criminal, was standing trial for taking items valued at just £500.In May this year a court heard Brougham, a petty criminal, was standing trial for taking items valued at just £500.
This earlier hearing was told it was not a case in which the witness could have been categorised as being in immediate danger of losing his life, and therefore human rights laws were not engaged.This earlier hearing was told it was not a case in which the witness could have been categorised as being in immediate danger of losing his life, and therefore human rights laws were not engaged.
Police forces as well as other public authorities and their insurers can breathe a sigh of relief Lawyer Mark Whittaker
The Sussex case involved Stephen Smith, who claimed the force failed to protect him from his former partner when he was attacked with a hammer.The Sussex case involved Stephen Smith, who claimed the force failed to protect him from his former partner when he was attacked with a hammer.
Law Lords allowed an appeal by Sussex Police against a Court of Appeal finding that the force was negligent in not protecting Mr Smith.Law Lords allowed an appeal by Sussex Police against a Court of Appeal finding that the force was negligent in not protecting Mr Smith.
His former partner, Gareth Jeffrey, attacked him with a claw hammer and left him seriously injured.His former partner, Gareth Jeffrey, attacked him with a claw hammer and left him seriously injured.
Mr Smith had repeatedly warned Brighton Police that Jeffrey was threatening to kill him. Mr Smith had repeatedly warned Brighton Police that Jeffrey was threatening to kill him. Effectively there is no legal sanction for a victim if this happens Irwin Van Colle
Mr Van Colle's father Irwin, 63, told BBC News he was, "very, very angry" at the ruling. Mr Van Colle's father Irwin, 63, told BBC News he was, "very, very angry" at the ruling and attacked the Hertfordshire Police case for being "morally and legally disgusting".
He added he was still reading the judgment, but thought the family may take the case to the European Court of Human Rights. He added: "The message that goes out from today is that it's all right for a catastrophic failure of public services to occur.
"Effectively there is no legal sanction for a victim if this happens. It's pure injustice."
He added the family may take the case to the European Court of Human Rights.
Mark Whittaker, partner at law firm Weightmans who advised the Chief Constable of Hertfordshire said: "Police forces as well as other public authorities and their insurers can breathe a sigh of relief at this judgment.Mark Whittaker, partner at law firm Weightmans who advised the Chief Constable of Hertfordshire said: "Police forces as well as other public authorities and their insurers can breathe a sigh of relief at this judgment.
"If the decision had gone against them it would have had the potential to cost millions of pounds in damages and legal expenses.""If the decision had gone against them it would have had the potential to cost millions of pounds in damages and legal expenses."