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Salford burglar stabbing: No prosecution for householder Salford burglar death: No prosecution over stabbing
(40 minutes later)
A man arrested on suspicion of stabbing a burglar to death at his home in Greater Manchester will not be prosecuted, the BBC understands. A man who fatally stabbed a burglar at his home in Salford will not be prosecuted, the Crown Prosecution Service (CPS) has said.
John Bennell, 27, of Hyde, was stabbed in the chest, at a house in Ethel Avenue, in the Pendlebury area of Salford, on 22 June. Peter Flanagan, 59, who was confronted by machete-wielding intruders, "did what he believed necessary" to defend his home in Pendlebury, the CPS ruled.
Householder Peter Flanagan, 59, was arrested on suspicion of murder and later released on bail. John Bennell, 27, of Hyde, died following the stabbing on 22 June.
The Crown Prosecution Service is due to make a statement on the case later.
Three men from Greater Manchester, aged between 23 and 27, have been charged with aggravated burglary.Three men from Greater Manchester, aged between 23 and 27, have been charged with aggravated burglary.
Nazir Afzal, chief crown prosecutor for the North West, said: "I am satisfied that Peter Flanagan acted in self defence after being woken by noises downstairs in his house shortly before midnight.
"On investigating the disturbance he was confronted by intruders, one of whom was armed with a machete."
'Frightening circumstances'
He said in reaching his decision he looked at the police evidence and CPS policy on householders and the use of force against intruders.
He had to ask himself whether "the use of force was necessary and whether it was reasonable in the circumstances", he said.
"People are entitled to use reasonable force in self-defence to defend themselves, their family and their property," he said.
"All the evidence indicates that in the frightening circumstances that he faced, Mr Flanagan did what he honestly and instinctively believed was necessary to protect himself and his home from intruders."
Ch Supt Kevin Mulligan, of Greater Manchester Police said the force had made the "right and proper decision" to arrest Mr Flanagan, and his son and son's girlfriend, who were earlier released without charge.
"We had a duty of care to John Bennell's family, the occupants of the house and to the coroner to fully investigate this death to determine whether or not it was a criminal act or one of self-defence," he said.
"I am satisfied that we provided the full facts of the case to the CPS and I respect their decision."