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Family loses witness murder case | Family loses witness murder case |
(30 minutes later) | |
The family of a man killed 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. |
Police forces as well as other public authorities and their insurers can breathe a sigh of relief Lawyer Mark Whittaker | 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. |
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. Effectively there is no legal sanction for a victim if this happens Irwin Van Colle | 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 and attacked the Hertfordshire Police case for being "morally and legally disgusting". | 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: "The message that goes out from today is that it's all right for a catastrophic failure of public services to occur. | 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." | "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. | 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." |