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We live on a farm in the middle of Surrey, with no other farm…

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We live on a farm...

We live on a farm in the middle of Surrey, with no other farm houses for miles, except we are semi-detached, and the new neighbours are a nightmare. Since they moved in they have tried blocking our private right of way, moved fences and attempted to stop our sewage going into their cesspit, despite this being stated on the deeds and in the covenant signed when they bought the house. They regularly use our property as a shortcut. We have been to the council mediation and a court appointed mediation, and they agreed in both not to tresspass.

Last Monday their 17 year old daughter climbed over the fence to fetch her horse which had gotten into our field. When she chased the horse back into their property, the horse tripped up the bird scarer, and it fired. This is captured on CCTV. About 10 minutes later she returned onto my property with her boyfriend. She showed him the device and they talked for a few minutes, then left my property. This is also captured on CCTV.

About 20 minutes later, armed police arrived at the house and arrested me. They had cordoned off the road and had the Police helicopter in the air over the house. They searched the house and confiscated our shotguns ( my wife is also a licence holder ). My wife and I had both taken the day off work, to spend with our daughter who was 18 months on that day.

I was taken to Reigate Police station and charged. They took my clothes and did tests for gunshot residue on my hands and hair. The duty solicitor said that I would not be released that day, as they would only interview me in the morning. At about 7pm The police released me. They said I was no longer under arrest, and I could go home. It is clear from my wife that this was one hour after the crime people asked her to opperate the CCTV recorder to show what happened.

The two statements to the police were clear: I had shot at the two of them from the upstairs bedroom window. CCTV coverage showed the back of my house, and it is clear that no windows were opened. It also showed that the girl was alone in the field and that her boyfriend was not with her as the statements claimed.

Right now the police appear not to be doing anything: The arresting officer ( of me ) said that there was a history of neighbourhood disputes, and we needed to sort things out with the neighbours. When I called the investigating officer she said that the CCTV was not clear, and that it did not show that anyone had made a false statement.

The CCTV is very very clear, and shows recordings from 8 cameras, which clearly show that no one opened any windows in the house, no one fired at themn, and that the horse triggered the bird scarer, and that after this the girl and her boyfriend both came onto my property to make up a story, before calling the police.

My wife and I were together in the house with our daughter at the time this occurred, but the police have not interviewed my wife!

I would like to know:

1) can I force the police to follow this up more seriously? I am the victim of a crime, and they appear to want to brush it aside.

2) can I take civil action against the neighbours?

3) how long can the police keep my clothes and the CCTV equipment?

4) why are they still holding our shotguns, and what can we do to make them return them to us?

5) can I get this arrest record removed from my file? They took photographs, fingerprints and DNA

Submitted: 11 years ago.Category: UK Law

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Answered in 3 days by:

6/3/2011

Solicitor: Jo C., Barrister replied 11 years ago

Jo C., Barrister

Category: UK Law

Satisfied Customers: 83,758

Experience: Over 5 years in practice.

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Hi

Thank you for your question. I will try to help with this.

Would you mind summarising your question and I will try to help?

Customer reply replied 11 years ago

Hi,

The police have called me to come and collect my clothes etc.

The local firearm officer wants a 'chat' before returning the shotguns.

So that part is settled.

As for what is left:

1) What steps can I take to ensure that the police do take the false statements seriously. Current indications are that they are going to drop matters and put it down to a neighbour dispute. This is not acceptable to me.

2) What steps do I need to take to get my arrest record removed from the police records. The police have given me a letter that they do not intend to take any further action, but have stated that they will leave the arrest record on file.

3) Can I take civil action against the neighbours to recover costs and punitive damage? Is it worth getting a solicitor for this, or just drop it?

Solicitor: Jo C., Barrister replied 11 years ago

Sorry, I meant could you summarise the facts of what has happened?

I should have made that clearer.

Customer reply replied 11 years ago

Next door 17 year old girl climbs over fence to get her horse which has jumped into my field overnight. This is 10am. She chases horse over bird scare device, which fires: Takes horse home. Returns with boyfriend who investigate device. They then go call police, stating I shot at the two of them from my house with a shotgun.

Police arrive: Armed police and around 10 other cars, cordon off the area. Police helicopter hovers over house. Farmer down the road calls me to find out what is going on, says roads blocked by police.

I open door to find armed police pointing guns at me. I am arrested. Taken to Reigatge station, clothes taken, samples from hair and hands for GSR. At home my wife and baby are held outside the house whist police search house, including loft and all cupbords etc. Police confiscate shotguns and shotgun certificate.

My wife shows police cctv system. Police view CCTV and see that the CCTV does not match witness statements. Police confiscate CCTV recorders and return to Reigate station, where I am released on police bail. ( this is monday )

Wednesday I am told I am released from Police Bail and no further action will be taken.

CCTV shows horse tripping the bird scare. CCTV shows girl alone in field. CCTV shows boyfriend and girl returning 5 minutes later to look at device on my property. CCTV show by chance the bedroom windo of my house - which is closed!

Two statements given to police: Both say the same thing: The boy and girl entered my property to fetch the horse. I opened the bedroom window and fired a shotgun at them. They ran away and called the police.

Statements are proven entirely worthless by the CCTV

Police forensics do not find GSR on my clothes, hair or hands.

Police agree to return clothes and CCTV recording equipment on this coming monday.

Police want to interview before they will return the shotguns as the nextdoor neighbour mother has made a statement that she is in fear of her life.

Police do not appear to be taking this seriously since they discovered that I did not do anything wrong.

Solicitor: Jo C., Barrister replied 11 years ago

Is it an accurate summary of this to say that you've been accused of using a shotgun upon some trespassers?

And you want the shotguns back?

Customer reply replied 11 years ago

Actual charge was something to do with using a firearm to cause distress or something like that. I can get the exact charge on Monday.

I think the shotguns will be comming back soon - I have BSAC membership if there is a problem there.

Simply: I want revenge. I want to make the neighbours hurt. I want them to have a criminal record, and I want them to pay me money. Then I want my arrest record removed from the files of the police.

The big question is Is there anything I can do to make the police take this seriously? Do i need to lay charges with the police, or how can I force them to look at this as not a neighbourhood dispute? Then can I sue them for damages and costs? And finally how do I go about removing my arrest record. I dont want to have to answer to police that I was arrested for firearm offences 10 years down the line!

Solicitor: Jo C., Barrister replied 11 years ago

Thats not going to happen I'm afraid.

The fact of the arrest will always be on PNC records and you cannot have it removed.

There is a charge called perverting the course of justice that can be levied at people who make false allegations but you cannot bring it. The police have to bring it and its very rare they would have an interest. Its very difficult to prove that a false allegation was made. The fact that they didn't prosecute you does not mean that the allegation was a lie necessarily. It could be just wrong or not capable of proof.

You can sue them consequent upon a conviction for damages. You could also sue for defamation but that will cost in excess of £25,000 and there is no legal aid. Even if you won these people almost certainly could not paid the award.

Its very unlikely that anything will ever happen over this I'm afraid and I wouldn't waste your time on it any more.

There is an application that you can make to have your prints and DNA removed. I can give you information on that if you'd like but it depends upon the way that matters were conducted at the station.

I know this answer is probably not what you wanted to hear and I am regret being the bearer of bad news. But it would be unfair to you and unprofessional of me to provide you with anything less than a truthful and honest information. I hope you understand.

I'm happy to discuss this but please remember to click on accept.

Jo C., Barrister

Category: UK Law

Satisfied Customers: 83,758

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Customer reply replied 11 years ago

I would like the information on removing my DNA and fingerprints from the record.

Solicitor: Jo C., Barrister replied 11 years ago

There has been case law that has said that if a person is co-operating with an investigation then they should not be arrested. The effect of that is that the police would not have power to take prints and DNA and retain them.

I think probably the justification for arrest in this case was that there was a need to secure immediate evidence. If so, it would fail. However, if the arrest was subsequent then it might well be they should have invited you in to discuss it voluntarily and then they would have no rights to take your prints and they should be removed. Its quite expensive to do that though.

Also, the law is in a state of change over this anyway. It used to be that your prints would be removed if you were not charged or were acquitted. Slowly the law changed to allow them to hold the prints of everybody who enters a police station under arrest indefinitely. There has been a declaration of incompatibility with the HRA from Europe and that is likely to alter things. But it depends on the Government passing domestic legislation. They will have to act in the long run or Europe will fine them.

They were saying that 7 years would be the cut off point before the police would have to remove prints and DNA from the database of unconvicted suspects but they haven't acted yet. Its worth focusing on that though as its likely that something would happen in the next few years.

Jo C., Barrister

Category: UK Law

Satisfied Customers: 83,758

Experience: Over 5 years in practice.

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Customer reply replied 11 years ago

From the wonderful internet thingy, I see that false allegation of crime resulting in arrest of innocent person should result in a sentance of 4 to 12 months. I am definately an innocent person, and I was arrested, surely this is serious enough? If I started a private prosecution could this force the CPS to take over the case?

I offered the police access to CCTV at my house at the time of my arrest. They removed my handcuffs they had put on me at my door, but said the 'commander' stated I must be arrested and taken to Reigate. I did say I was happy to go to the station and there was no need to arrest me. They repeated that it was not their call, and they were going to arrest me as ordered. They also said they would send SOCAS? to look at the CCTV. I repeated that the CCTV would clearly show no offence had taken place, but they refused to listen. They did *not* handcuff me, and asked me to get into the back of one of the police cars, where I was formally arrested and the time written in a notebook, still not handcuffed and driven to the station.

Case law Martin v. Watson (1995) can point to the neighbours being the prosecutors in a malicious prosecution case. Can this be used for a civil case for damages?

Finally - the defemation of character - I assume this is only if the other party offers a defence that the bill reaches £25k? If I sued for a smaller amount of money, that would make it reasonable for them to accept paying the amount, rather than defending the claim, I would then have a judjement saying they lied. I need to have something, I am frustrated and angry, and I need some sort of justice.

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