BBC
Family loses witness murder case
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.
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.
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.
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.
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.
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.
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.
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 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.
"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.
"If the decision had gone against them it would have had the potential
to cost millions of pounds in damages and legal expenses."
Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/england/7532641.stm
Published: 2008/07/30 10:56:53 GMT
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