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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71134
Experience:  Over 5 years in practice
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I was suspended from work and my office was searched. After

Customer Question

I was suspended from work and my office was searched. After a long fight against the 'allegations' against me, my employers withdrew the private prosecution against me 2 days into the trial and dropped all charges. I have since asked for all my personal belongings be returned to me, they did so but when I revived it a saw that 10 private and confidential letters addressed to me at my home address and had been inside my brief case had all been opened. I was never once asked or told or presented with a warrant to inform me that they would be opening my personal mail. I have asked by whom was the mail open and under who's instruction? They responded by saying that they had the right to do this without my consent under the investigation into me. Is this correct?
Thank you *****
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. How long have toy worked there for and do you know if your contract or policy at work says they can do this?
Customer: replied 2 years ago.
I worked there for 15 years. I don't know about the policy sorry
Customer: replied 2 years ago.
I would also like to know if I have any case to persue against them for malicious prosecution or misoffence in public service or personal injury.....? Is there any law around private prosecutions having to be withdrawn, I thought they had to get agreement from the magistrate to prosecute me based on a realistic chance of conviction?Thank you
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
I have been asked to look at this as I am a criminal lawyer.
What is the basis for the malicious prosecution?
Customer: replied 2 years ago.
I was suspended after I whistle blew. This was never investigated. I was arrested and interviewed, bailed and re-interviewed. The police and the CPS took no further action. My employers then decided to take out a private prosecution. They had to withdraw the private prosecution 2 days into what should have been a 2 week crown court trial (I opted for a crown court by jury trial) in order to do this I had to sell my family home to pay my legal costs, I also had a mental health breakdown and ended up in hospital which was very traumatic for my children and husband. I want to know if I can persue a case against them for damages as they clearly did not have a case that had a 'realistic chance of conviction' I want to know if there is any law maybe torte? That I can persue a case against them, I am dumbfounded that they have almost destroyed my family and I, that I have lost a 15 year career and that they can just walk away with no consequences?
Thank you
Expert:  Jo C. replied 2 years ago.
What is the evidence against you?
Customer: replied 2 years ago.
The evidence they said they had against me was for fraud & theft......however the evidence was so dubious (hence the reason that the police and the CPS did not persue the case) and this came to light when the prosecutions witnesses were cross examined. The Judge called them to account and that is when they withdrew the prosecution and dropped all charges against me.
Expert:  Jo C. replied 2 years ago.
Yes that might be right.
What I need to know is what is the evidence against you?
Customer: replied 2 years ago.
They had various documents relating to my use of my corporate credit card and a funds that I raised for a project I was managing as well as the accounts relating to a project that I was managing.
Expert:  Jo C. replied 2 years ago.


Ok. Thanks.

I am sorry but this isn't malicious prosecution. This is just the pursuit of a weak case. That happens all the time in particukar with sexual offences in which apparently the view is taken that absence of evidence is just evidence of a suspect's deviousness.

To make out malicious prosecution you have to show some for of bad faith. There have been recent challenges to this under the human rights act which have upheld the position.

If the matter is in court you can seek a defence costs order but it will be only up to legal aid rates.

Even a private prosecutor must bear that risk.

I'm very sorry but the test for these actions is very high.

Can I clarify anything for you?