We wrote to Mr Brown’s family after each review to explain our decision and offered to meet with them to provide further clarity on our decision making. The CPS insists its decisions it makes are based on the test set by the Code for Crown Prosecutors.Ī CPS spokesperson said: “Prosecutors examined the evidence on three separate occasions and concluded that our legal test was not met for a prosecution. If the family receive positive advice and go on to issue proceedings for judicial review, the lawfulness of the CPS' decision will be determined by the Administrative Court, which has the power to quash the previous outcome from prosecutors. ![]() Join our WhatsApp Top Stories and Breaking News group by clicking this link We are just in limbo and it's been so many years now, which it makes it even more difficult." Then it opens up again, but it's never fully closed. She added: "I feel like it's a wound that partly scabs over. in February she felt 'let down and disappointed', particularly after the evidence during the inquest 'was quite clear from what we heard'. But last October, a specialist prosecutor at the CPS concluded there was still insufficient evidence to bring charges against the four people investigated.Īt the request of the family through the Victims’ Right to Review scheme, the CPS conducted an independent further review of the evidence, but it has since concluded there is insufficient evidence to charge. The force subsequently made a referral to the CPS for a charging decision. As Gavin's inquest concluded in December 2021, with jurors ruling the death to be 'unlawful', coroner Andrew Bridgman referred the case back to GMP.Īn inquest into Gavin's death was heard at Stockport Coroners Court more than 18 months ago (Image: Gary Oakley/Manchester Evening News) ![]() He suffered irreversible hypoxic brain damage, with jurors ruling that this led to his death at Salford Royal Infirmary eight days later, where he had been kept in an induced coma.įollowing an investigation into Gavin's death, Greater Manchester Police put forward four names to face prosecution, but in September 2020 the CPS said it had insufficient evidence to bring charges. Gavin’s ability to breathe had been restricted and he entered cardiac arrest. Gavin was then restrained in a 'chokehold' for more than six minutes, and jurors concluded that he received no welfare checks in that time. The court heard Gavin was involved in an altercation with a doorman outside, before a number of people left the pub to see what was going on. Gavin, who had paranoid schizophrenia, had been drinking at another Stretford bar with a friend before a taxi took them to a convenience shop on their way to The Melville. Gavin Brown died eight days after being restrained outside a Stretford pub (Image: family handout)ĭuring the course of a two-week inquest, South Manchester Coroners Court heard how Gavin died at Salford Royal Hospital, eight days after he had been restrained outside the Melville Hotel on April 12, 2019. "Bringing a claim for judicial review is a significant step and not something we would do lightly however, we are prepared to do whatever it takes to achieve justice for Gavin.” Sophie Penrose, Gavin's sister, told the Manchester Evening News in February that her family have been left 'in limbo' by the saga as they seek closure from an incident dating back four years. We hope that the legal advice we have sought from a specialist barrister will be positive. "Nobody has ever been held responsible for Gavin’s death and we are not satisfied with the reasoning that we have been given by the CPS for this. ![]() Try MEN Premium for FREE by clicking here for no ads, fun puzzles and brilliant new features In a statement, his family said: "What little faith we had in the criminal justice system prior to Gavin’s tragic death has been further eroded by the CPS’s decision not to prosecute. Now, his heartbroken family have sought legal advice on the merits of pursuing a judicial review challenge against the CPS. But after a third review of evidence, the Crown Prosecution Service (CPS) insists it is still unable to charge anyone in connection with Gavin's death. His inquest heard evidence on the events leading up to his death, including how he had been restrained by a member of the public outside the pub for more than six minutes, before jurors concluded his death had been 'unlawful'. Gavin Brown died in hospital eight days after an altercation outside a pub in Stretford, aged 29. The family of a vulnerable dad-of-two whose death was ruled as 'unlawful' are refusing to give up after another setback in their battle for justice.
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