Recent Judicial Decisions
| Author | David Wicks,Damian Carney |
| Published date | 01 June 2010 |
| Date | 01 June 2010 |
| DOI | 10.1350/pojo.2010.83.2.520 |
| Subject Matter | Recent Judicial Decisions |
DAVID WICKS
Legal Correspondent
Email: dcw@3pumpcourt.com
DAMIAN CARNEY
Legal Correspondent
Email: Damian.Carney@port.ac.uk
RECENT JUDICIAL DECISIONS
Malicious prosecution
Moulton v Chief Constable of West Midlands (2010) EWCA Civ
524
Court of Appeal (Civil Division)
13 May 2010
Appeal against order of HH Judge McKenna (sitting in Bir-
mingham County Court) dismissing claim for malicious pro-
secution and misfeasance in a public office by Chief Constable
of West Midlands Police.
Keywords: European convention on Human Rights, Article
5(1)(c); inadequate police investigation; malicious prosecu-
tion; misfeasance in a public office; rape allegation
The facts
At 6am on 17 September 2000, two girls went to a police station
claiming that, shortly before, one of them had been raped by the
claimant in a car park. Their story was that the claimant had
offered them a lift home from a nightclub. Instead, he parked in
car park, took one of the girls outside the car and raped her, and
locked the other girl in the car with the music of his car stereo
turned up. They claimed that a fight then ensued between the girl
who had been left in the car and the claimant. The girls claimed
they left the car park (where the alleged victim discarded a
tampon she had been wearing and left her bus pass in the car)
and walked to the police station. At 9.30am that day the
complainant took some officers to the site of the alleged rape.
Her friend identified a different car park as the site of the alleged
rape. No forensic examination of either site was made.
At 11.15am that day, the claimant was arrested at his home,
where the bus pass was found. He claimed he had consensual sex
with the complainant in his home. On 18 September 2000, the
complainant was interviewed. There were inconsistencies in her
The Police Journal, Volume 83 (2010) 181
DOI: 10.1358/pojo.2010.83.2.520
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