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Killer father faces no UK charges | Killer father faces no UK charges |
(10 minutes later) | |
No action is to be taken in the UK against a father who threw his son to his death from a hotel balcony, the Crown Prosecution Service has said. | No action is to be taken in the UK against a father who threw his son to his death from a hotel balcony, the Crown Prosecution Service has said. |
Liam Hogan, six, of Bradley Stoke near Bristol, died after falling 50ft (15m) from the Petra Mare Hotel in Crete with his father, John, and sister, Mia. | Liam Hogan, six, of Bradley Stoke near Bristol, died after falling 50ft (15m) from the Petra Mare Hotel in Crete with his father, John, and sister, Mia. |
Mr Hogan, 34, was cleared of murder by a Greek court, but an inquest in the UK ruled that Liam was unlawfully killed. | Mr Hogan, 34, was cleared of murder by a Greek court, but an inquest in the UK ruled that Liam was unlawfully killed. |
The children's mother had urged the British authorities to prosecute him. | The children's mother had urged the British authorities to prosecute him. |
Liam died from head injuries and Mia, then aged two, broke several bones in the fall in August 2006. | Liam died from head injuries and Mia, then aged two, broke several bones in the fall in August 2006. |
Mr Hogan was committed to a psychiatric unit in Greece for a minimum of three years after the trial, where he remains. | Mr Hogan was committed to a psychiatric unit in Greece for a minimum of three years after the trial, where he remains. |
'No evidence' | 'No evidence' |
Following the inquest in March 2008, a file was passed by Avon and Somerset Police to the CPS to consider whether there was a basis for bringing a prosecution against Mr Hogan should he return to England or Wales. | Following the inquest in March 2008, a file was passed by Avon and Somerset Police to the CPS to consider whether there was a basis for bringing a prosecution against Mr Hogan should he return to England or Wales. |
In certain circumstances the Director of Public Prosecutions may apply to the Court of Appeal for permission to prosecute a person who has been acquitted. | In certain circumstances the Director of Public Prosecutions may apply to the Court of Appeal for permission to prosecute a person who has been acquitted. |
This also applies where the person has been acquitted by a court in a foreign country. | This also applies where the person has been acquitted by a court in a foreign country. |
Liam Hogan died from head injuries | Liam Hogan died from head injuries |
Reviewing lawyer Stephen O'Doherty of the CPS Special Crime Division said: "In order to make such an application there must be 'new and compelling evidence' that was not available at the original trial. | Reviewing lawyer Stephen O'Doherty of the CPS Special Crime Division said: "In order to make such an application there must be 'new and compelling evidence' that was not available at the original trial. |
"An examination of the court proceedings shows that there was very little dispute as to what had taken place. | "An examination of the court proceedings shows that there was very little dispute as to what had taken place. |
"Mr Hogan was acquitted because of the evidence as to his state of mind at that time. | "Mr Hogan was acquitted because of the evidence as to his state of mind at that time. |
"Any new and compelling evidence would have to relate to Mr Hogan's mental state as it was in August 2006. | "Any new and compelling evidence would have to relate to Mr Hogan's mental state as it was in August 2006. |
"Such evidence would also have to be 'substantial and highly probative' of any case against him. | "Such evidence would also have to be 'substantial and highly probative' of any case against him. |
"The director has concluded that there is no evidence in this category that would enable an application to be made." | "The director has concluded that there is no evidence in this category that would enable an application to be made." |
Mr Hogan's former wife Natasha Visser has been informed of the decision, the CPS said. | Mr Hogan's former wife Natasha Visser has been informed of the decision, the CPS said. |