Plymouth landlord claims lack of justice after case is dropped
A PUBLICAN who claims he has been the victim of crime a number of times in the past year has asked “where’s the justice?” after prosecutors dropped the latest case.
Tam Macpherson, who runs The Clipper in Union Street said: “I’ve been the victim of an arson attack, I’ve had a burglary, I’ve had a customer Tasered in my premises.
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Tam Macpherson
“These all took place in the lead up to my licence review about perceived problems with my bar.
“In all three cases I have had concerns about the decisions made by police and the Crown Prosecution Service.
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“The person who admitted trying to set fire to the pub, while I was asleep upstairs, walked away with a caution.
“The man arrested and charged with burgling my property had the case against him dropped by the CPS who said there was not enough evidence to convince a jury, despite him admitting he took money, tobacco and drinks worth a total of £2,000.”
Mr Macpherson’s complaint about a man who was Tasered and arrested in his bar – on suspicion of robbery – is currently being investigated by Devon and Cornwall Police.
The man who was Tasered was later released with no further action to be taken against him.
Mr Macpherson said: “When something happens in my premises, the police come down on me like a ton of bricks and I have to face licence reviews.
“But when I am the repeat victim of crime, no-one is brought to court. Where’s the justice?
“We hear all too often more and more cases resulting in rough justice for the victim, the witnesses and businesses.”
In April police applied to have The Clipper shut down over concerns about crime and disorder in or near the premises but Plymouth City Council’s licensing committee rejected their plea, instead placing more conditions on the licence.
The committee ordered Mr Macpherson to have one registered door supervisor on duty after 2am and two on duty from 4am until the pub closes, seven days a week.
It also ordered Mr Macpherson to ensure police had his mobile and landline phone numbers.
The Herald has learned a senior police officer wrote to Mr Macpherson about the burglary, admitting that investigators did not agree with the Crown Prosecution Service (CPS) decision to not prosecute the alleged burglar and felt the case should continue.
However, in a letter to Mr Macpherson they said they recognised that the final decision lay with the CPS.
A police spokesman said: “Police carried out a thorough investigation into Mr Macpherson’s burglary and a suspect was arrested and charged.
“However the CPS in reviewing the evidence decided not to proceed to Court and we must abide by that decision.”
In response, CPS district crown prosecutor Kathy Taylor said: “Before proceeding with a prosecution, the CPS must review every case in line with the Code for Crown Prosecutors, which states that there must be sufficient evidence for a realistic prospect of conviction. Without sufficient evidence a prosecution cannot be brought.
“In this case, we were required to prove to the court that the defendant entered the public house as a trespasser with the intent to steal the property. The original witness statement we received provided this evidence.
“However, the witness later changed their evidence. This meant we could no longer rely on her evidence. The only evidence then available was CCTV which showed the defendant entering the public house in the absence of Mr Macpherson and taking property, for which he offered an explanation when interviewed.
“The CPS sought the views of the police, who disagreed with our decision not to prosecute but although I considered their representations, I still felt this was the right decision.”
“While the police and CPS sometimes disagree about individual cases we work closely together to bring offenders to justice
“The burden on the prosecution is to prove a case ‘beyond a reasonable doubt’. This is a high standard. The reviewing prosecutor assessed the remaining evidence and found that there was now a doubt.
“I wrote to Mr Macpherson on 16 May to explain our decision and Tracy Easton, deputy chief crown prosecutor for the South West has also written to him offering further explanation of the prosecution process.
“I understand that Mr Macpherson is unhappy with the decision. However it is vital that we consider every case in line with the Code and where it fails to meet the evidential criteria we must not proceed with a prosecution, no matter how serious the case may be.”
Comments
by BoydB
Wednesday, October 17 2012, 10:18PM
“This article is not about Mr Tam Macpherson as a person, this article is about the lack of justice that seems to be happening within our police and courts. If these crimes were happening to another person with the same circumstances of 1. the criminal admitting to the act and 2. cctv footage showing the person taking the items I can almost guarantee that everyone would be up in arms about it, especially if the victim was for example an older lady! It would be nice if everyone could take a step back, drop personal views of the place/person involved and just look at the facts about the treatment of these cases.
As for the comments with regards to the Clipper, I have been recently and it may not be the most glamorous establishment in Plymouth but I found no trouble, a very different clientele from what the stereotype seems to be of the pub and actually enjoyed my night.
One thing I would like to ask Aarken - if you have been involved in the licencing as you state, can you explain why an establishment which apparently has no control within itself and creates major disturbance within the area due its clientele etc....... why has this bar not been closed down. In fact, why has this bar repeatedly won case after case with regards to licencing which only ever has affected minor changes to the licence? e.g. as the article stated, new times for licenced door staff etc....”
by aarken
Wednesday, October 17 2012, 9:36PM
“I have never been to the Clipper but having been involved in the licensing trade, both as a barman and a manager, I know that one does not allow a disorderly house. OK, so there may have been a theft but we have to keep that separate from the other incidents. I know that if I had permitted things to get into such a state as I have heard about, I would have been straight out of a job.
We didn't have such long licensing hours then as we have now but we are still IN CHARGE. I know of pubs (elsewhere) which the police, themselves, have used as after-hours drinking places and they are quite happy to drink side-by-side with miscreants and troublemakers. Once, being a publican was a vocation like being a teacher, or nurse. Now it's a business venture and people are willing to turn a blind eye to trouble as long as their profit remains good.”
by sidewinder
Wednesday, October 17 2012, 7:52PM
“Aye bring on the red arrows *******s......im sure you would like to drink another one of your janner well run pubs ..the venue ran by that ******** Robinson.
Be careful what you wish for!!”
by sidewinder
Wednesday, October 17 2012, 5:46PM
“I think the Clipper is a gleaming boozer”
by CharlieDodd
Wednesday, October 17 2012, 3:29PM
“Mr Macpherson quote- 'The man arrested and charged with burgling my property had the case against him dropped by the CPS who said there was not enough evidence to convince a jury, despite him admitting he took money, tobacco and drinks worth a total of £2,000"..
Raise hell about it mate, you've already brought it to the attentio of the Herald, now get your MP involved and ask him to contact the CPS to ask what they're playing at.
The guy ADMITTED the burglary, so for the CPS to let him off makes no sense.
You might also drop a line to the Police Complaints Authority too if you think they haven't been pulling their weight..;)”
by StanStill
Wednesday, October 17 2012, 2:30PM
“Why do people not realise that CPS stands for **** PROSECUTION SERVICE, they are frightened of their own shadows. They are not prepared to go for a prosecution unless it is 99% sure they will get it through. The other thing about the CPS is that most of their solicitors are second-rate, they pay peanuts, so they get lots of monkeys. When the Police used to make the decisions, they would go for anything, even if it only had a 10% change of winning, but at least it gave some hope to victims that they were being taken seriously.”
by metalman
Wednesday, October 17 2012, 11:34AM
“I have no comment about Mr McPherson or his pub, but surely it should be up to the police to decide whether there is a case to answer and whether to prosecute or not, and then up to a judge and jury to decide whether or not a case is proved.
It's ludicrous that a guy admits to theft, but then isn't prosecuted.
It seems to me that decisions of guilt or otherwise, are made by lawyers, who have little regard for evidence, and not by the judges who are appointed to make these decisions.”
by Grinder
Wednesday, October 17 2012, 9:28AM
“You're a so called PUBLICAN? Then harden up you softy! Anyone who runs a pub knows it's not plain sailing it's damn hard so stop moaning and get on with it or go fishin'.”
by blackpot
Wednesday, October 17 2012, 9:04AM
“Mr Macpherson does nothing but complain about the police,then expects them to jump when he wants,what a atrange approach,my heart bleeds.”