I was fitted up by police says man taking States to court in historic case
Tuesday 1st September 2009, 2:30PM BST.
A MAN cleared of importing Ecstasy is claiming that police and Customs officers framed him.
Stephen Le Huray is now attempting to sue the States for wrongful arrest after he was charged with trying to import £40,000-worth of the Class A drug in 2000.
The case was dismissed after the prosecution offered no evidence and a separate charge of possessing cannabis was also thrown out.
Mr Le Huray alleged in the court action that law enforcement officers planted cannabis in his garage, fabricated testimony, and prosecutors maliciously pursued him – even though they knew the case had no chance of resulting in conviction.
He is holding the States, as the ultimate employer of law enforcement officers, responsible for the trauma he suffered – although HM Procureur Howard Roberts argued that the government could not be liable as it did not have operating control over the forces.
Advocate Nick Barnes, representing Mr Le Huray, told the Royal Court that his client had accused officers of framing him after he gave them access to his garage.
‘When he was in custody he gave officers keys to the garage, which was an area they did not know about, and when they came back they had quite a substantial amount of cannabis with them,’ he said.
‘The only other person who had access to that garage was never spoken to. Now, what the plaintiff is saying is that someone was up to no good, but he does not know who.’
Mr Roberts said the plaintiff’s action implied – although it was not firmly stated – that three police officers had lied under oath when they gave evidence that placed him near the scene at the time the drugs arrived in the island.
He said that, even if Mr Le Huray could prove these allegations, there would not be a case for the States to answer.
‘The issue is, if certain police and Customs officers acted in breach of their duties, which I’m sure will be strenuously denied, does that make the States of Guernsey liable?’ he said.
In responding to Mr Le Huray’s claim that prosecutors acted with malice, Mr Roberts said: ‘Well, quite apart from these comments being spurious about the Law Officers, they are comments about the Law Officers, not the States of Guernsey because the States of Guernsey does not bring about prosecutions.’
- To read Guernsey Press stories in full click here for subscription details. Individual editions are now available online.
Campaigns
Voice For Victims
Voice for Victims is a campaign aimed at promoting the rights of those affected by child sexual abuse.