Attempted murder case mistakes to be probed by IPCC

Jul 14 2009 by Sophie Doughty, The Journal

BLUNDERS by detectives that led to the collapse of an attempted murder trial are being examined by the independent police watchdog.

Durham Police has referred its investigation into the actions of officers, who raided the home of a lawyer defending five shooting suspects, to the Independent Police Complaints Committee (IPCC).

And the watchdog is today going through paperwork before deciding what role it will play in any further investigations.

The trial of five people charged with plotting the murder of dad Joe Clarke, who was shot on the doorstep of his home in Consett, County Durham, collapsed last week after a judge ruled detectives were guilty of serious misconduct when they raided the defendants’ solicitor’s home. Mr Clarke, 32, was blasted with 150 metal pellets after answering the door at his home, on Fairways, in December 2007.

Paul Railton, 23, of Leeholme Court, Annfield Plain; his uncle Gary Railton, 42, of Windermere Terrace, Stanley; Simon Cairns, 20, of South View Gardens, Annfield Plain; Neil Spoor, 39, of Earnest Terrace, Stanley; and Ms Whitehead, 23, of Pemberton Avenue, Consett, were all charged in connection with the shooting.

Mr Cairns denied attempted murder. Paul Railton, Gary Railton, Ms Whitehead, and Mr Spoor all denied conspiracy to murder or cause grievous bodily harm. Mr Spoor also denied attempting to pervert justice.

The case had been set down for trial at Newcastle Crown Court. But the actions of officers from Durham Police who investigated the shooting were branded a serious and deliberate breach of conduct after conversations between the accused and their lawyer Paul Donoghue were recorded. The lawyer’s County Durham home was also raided by police, who read confidential files and later charged Mr Donaghue with perverting the course of justice.

A spokesman for the IPCC has now confirmed that the officers’ actions will be investigated.

He said: “We received the paperwork regarding a formal referral from Durham Police into the case. We are gathering information and investigators will carry out an initial assessment. We will then make a decision as to what level of involvement the IPCC will have in any investigation.”