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30/07/2008
Family Loses Law Lords Case Over Police Liability
The family of a man who was killed days before he was due to give evidence in court, have lost a case claiming that police failed to protect him.
Hertfordshire Police had appealed against a finding that it had "violated human rights" in failing to protect Giles Van Colle.
Mr Van Colle, 25, who worked as an optician, was shot three times at close range in Mill Hill Broadway, north London, by Daniel Brougham, in November 2000.
A panel of five Law Lords ruled unanimously in favour of Hertfordshire Police in the case.
In March 2006, the High Court found that Hertfordshire Police had violated Articles 2 and 8 of the Human Rights Act in relation to the protection of Mr Van Colle.
Mr Van Colle had been due to give evidence against a former employee, Mr Brougham, who was dismissed for stealing from his shop.
Representing Mr Van Colle's family, Monika Carss-Frisk claimed that police violated his human rights by failing to "discharge the positive obligation of the police" to save his life.
Counsel for the police said Brougham's actions "could not have been foreseen" and "did not involve human rights".
Brougham was sentenced to life for the murder.
It is thought that the verdict could affect policing and government attitudes at a national and local level.
(DS)
Hertfordshire Police had appealed against a finding that it had "violated human rights" in failing to protect Giles Van Colle.
Mr Van Colle, 25, who worked as an optician, was shot three times at close range in Mill Hill Broadway, north London, by Daniel Brougham, in November 2000.
A panel of five Law Lords ruled unanimously in favour of Hertfordshire Police in the case.
In March 2006, the High Court found that Hertfordshire Police had violated Articles 2 and 8 of the Human Rights Act in relation to the protection of Mr Van Colle.
Mr Van Colle had been due to give evidence against a former employee, Mr Brougham, who was dismissed for stealing from his shop.
Representing Mr Van Colle's family, Monika Carss-Frisk claimed that police violated his human rights by failing to "discharge the positive obligation of the police" to save his life.
Counsel for the police said Brougham's actions "could not have been foreseen" and "did not involve human rights".
Brougham was sentenced to life for the murder.
It is thought that the verdict could affect policing and government attitudes at a national and local level.
(DS)
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