Crime Solicitors

A 76-year-old man has criticised the police and the Crown Prosecution Service (CPS) after a case against him involving criminal damage was dropped – but not before £10,000 in Legal Aid had been racked up by the justice system.

The Daily Mail reports that divorced father-of-one Robert Brown was charged with criminal damage after he painted his garden fence with anti-vandal paint to prevent youngsters in the area climbing on the fence and throwing stones at his house.

Mr Brown reported incidences of antisocial behaviour to the police and officers visited his house and took a statement

However, Mr Brown was charged with criminal damage after it transpired the mother of the children had reported him, alleging that the anti-vandal paint he had used had caused nearly £4,000-worth of damage to her home, after her children trod it in clothes, carpets and soft furnishings.

The paint does not dry after application and presents a slippery surface to prevent anyone climbing on a wall or fence.

The mother of the children – who is unemployed – has defended them by saying “kids are kids”.

However, Mr Brown had three court appearances and was threatened with a criminal record until the case against him was dropped on the day the trial was due to start – and at a cost of £10,000 in public funding.

Mr Brown said that the children began making his life “hell” in March 2014 by climbing on the fence and aiming stones at the windows of his Wigan home.

He said that they also used the fence to climb up to the roof of a council outhouse which overlooks his garden. The children and their mother live in council property behind Mr Brown’s home.

The retired security guard went out and bought several tins of anti-vandal paint to prevent the incidents – and warned the children not to touch the fence.

However, the children’s mother complained to the police and said that her children had “traipsed through her home covered in the paint”, with the result that £3,750-worth of damage was caused to furnishings.

She denied that Mr Brown had warned the children not to touch the paint – and added that they had not touched the paint by climbing onto the fence, but instead the paint had dripped onto them

As a result of the complaint made by her, Mr Brown was charged with criminal damage and asked to attend Leigh police station – where officers asked him to accept a caution. However, Mr Brown refused and a date for the trial was set.

“I'd had months of harassment – of these children making my life hell – and decided to do something about it,” he said.

“An Englishman's home is still his castle and I was just protecting the home where I've lived for 50 years.”

The children’s mother – a single mother-of-six whose children are home-educated –said:

“I had four children running inside covered – it went on the carpets, on curtains – everywhere.

“They thought they had found some kind of black mud – they were playing with it.

“The kids may have thrown a ball and a hula hoop over once, but kids are kids.”

Sergeant Dave Clarke of Greater Manchester Police said the case was part of a “much bigger” neighbour issue and they had a duty to investigate the complaint against Mr Brown.

“We attempted to resolve the issue by a police caution. As this was refused, he was issued with a summons authorised by the CPS,” said Sgt Clarke.

The CPS said it had offered no evidence after a case review on the day of the proposed trial.

Mr Brown added:

“We are always hearing that the police don't have enough funds – but how much money has been wasted chasing a prosecution like this?”

Duncan Lewis Crime Lawyers

Duncan Lewis is a leading firm of criminal defence lawyers able to advise at any stage of a criminal charge – including charges relating to antisocial behaviour, criminal damage and public order offences.

Duncan Lewis crime lawyers regularly visit police stations and courts to advise on criminal law, including youth courts.

Duncan Lewis is also a leading provider of Legal Aid services.

For expert legal advice on criminal charges, call Duncan Lewis crime lawyers on 020 7923 4020.