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Witness murder police lose appeal | |
(about 1 hour later) | |
A police force has lost an appeal against a ruling that it failed to protect a witness who was murdered days before he was due to give evidence. | |
Last March the High Court awarded the parents of Giles Van Colle £50,000 in damages from Hertfordshire Constabulary for the death of their 25-year-old son. | Last March the High Court awarded the parents of Giles Van Colle £50,000 in damages from Hertfordshire Constabulary for the death of their 25-year-old son. |
The optician was shot dead in 2000, days before his former employee Daniel Brougham stood trial for theft. | The optician was shot dead in 2000, days before his former employee Daniel Brougham stood trial for theft. |
Appeal judges rejected the police's appeal but reduced damages to £25,000. | |
The police apologised to the parents but denied the High Court's ruling that Mr Van Colle's human rights had been breached. | The police apologised to the parents but denied the High Court's ruling that Mr Van Colle's human rights had been breached. |
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. |
Brougham was convicted of murder in 2002 | Brougham was convicted of murder in 2002 |
He had been employed by Mr Van Colle - who was shot three times at close range - as a laboratory technician at his shop in Mill Hill, north London. Brougham was dismissed after equipment was stolen. | He had been employed by Mr Van Colle - who was shot three times at close range - as a laboratory technician at his shop in Mill Hill, north London. Brougham was dismissed after equipment was stolen. |
Hertfordshire Constabulary accepted disciplinary tribunal findings that the officer in charge of the case - Det Con David Ridley - had "failed to perform his duties conscientiously and diligently". | Hertfordshire Constabulary accepted disciplinary tribunal findings that the officer in charge of the case - Det Con David Ridley - had "failed to perform his duties conscientiously and diligently". |
But the force denied liability and refused to accept there had been a breach of the human rights of Mr Van Colle or his family. | But the force denied liability and refused to accept there had been a breach of the human rights of Mr Van Colle or his family. |
In the landmark ruling in March 2006 the judge found the police had acted unlawfully, in violation of Article 2 and Article 8 of the Human Rights Act, by failing to discharge their positive obligation to protect Mr Van Colle's life. | In the landmark ruling in March 2006 the judge found the police had acted unlawfully, in violation of Article 2 and Article 8 of the Human Rights Act, by failing to discharge their positive obligation to protect Mr Van Colle's life. |
The judge said that if Mr Van Colle had been placed in temporary safe accommodation pending the trial it was "very unlikely" that the murder would have taken place. | The judge said that if Mr Van Colle had been placed in temporary safe accommodation pending the trial it was "very unlikely" that the murder would have taken place. |