The police have a duty to protect intimidated witnesses, says Seamus Burns
In Van Colle and another v Chief Constable of Hertfordshire Police [2007] EWCA Civ 325, [2007] 3 All ER 122, Daniel Brougham had been employed at Giles Van Colle’s optical practice as a technician/dispenser from September 1999 until just before Christmas 1999. He murdered Van Colle on 22 November 2000, shortly before his trial for theft from Van Colle’s business. Brougham had obtained employment with Van Colle after providing a false CV, had operated under several aliases, and had convictions for common assault in 1993 and for theft of a vehicle in 2000. In addition, Brougham had been arrested for theft of items totalling £4,000, primarily from two other optical companies, Southern Counties and Alpha Optical, owned by Peter Panayiotou. Stolen property—including pairs of glasses and frames—was discovered in Brougham’s garage, £500 of which belonged to Van Colle, resulting in Brougham being charged with theft from Van Colle.
SERIOUS THREATS
Detective Constable Ridley of Hertfordshire Police had informed Van Colle’s mother that Brougham was a “nasty piece of work” on 26 May