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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 6454
Experience:  Solicitor
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My dog was stabbed to death on 2 August 2016 while we were

Customer Question

My dog was stabbed to death on 2 August 2016 while we were on holiday. The RSPCA have been great. The police have not been willing to support them to investigate the crime scene. After I complained to the CPS, the police have only halfheartedly investigated the crime. On 22 October 2016 I have learned the CPS will not proceed with prosecuting the one and only suspect because of the weak level of evidence against him.
As of this morning I have raised a complaint with the professional standards department at Hampshire Constabulary.
What rights do I have to the evidence the police have collected?
Can I legally force the police to investigate the crime?
Can I sue the police for failing to fulfil there responsibility to investigate the crime?
Please note I have a 6 page statement from the Hampshire Constabulary recognising they have lessons to learn about working with the RSPCA. While this might be true, the RSPCA have been around for nearly 200 years and the opportunities to learn how the police need to work with the RSPCA have passed many, many years ago.
Submitted: 1 year ago.
Category: Law
Expert:  Jamie-Law replied 1 year ago.

Hello my name is ***** ***** I will help you.

Do you Who did it please?

Customer: replied 1 year ago.
We left our dog with our cleaner on 1 August. On 2 August, she went to work so left our dog for the day at 08:00 in the care of her partner's son, Ben Mackenzie, age 22. (We had left our dog with our cleaner numerous times while away on holiday. Ben Mackenzie had watch our dog for the day for our cleaner while she was at work many times in the past.) At 16:00 she returned to her partner's flat to find Ben Mackenzie missing and the dog dead stabbed to death in the bathtub. I received a call while in New York on 3 August at 04:00 in to tell me that my dog was dead.Ben Mackenzie has been questioned by the RSPCA and eventually arrested by the police on 23 August (after I complained to the CPS) and has repeatedly denied any knowledge of how the dog died.The RSPCA post mortem carried out at the Royal College of Veternary Medicine in London has concluded the dog died a violent death. The cause of death was stab wounds to his thorax and lungs.
Expert:  Jamie-Law replied 1 year ago.

You do not have a right to evidence by the Police. It is a matter for the Police only. Can you force the Police to investigate - no. Its a matter for them. As for suing the Police, the law is quite clear - they owe you no duty whatsoever to investigate and prosecute a claim.

What you need to do to start your own prosecution is complete form N1:

The Court will list the matter for hearing and decide whether you have a claim or not.

Can I clarify anything for you about this today please?

Expert:  Jamie-Law replied 1 year ago.

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