By Gabriel Princewill-
The Crown Prosecution Service (CPS) has issued an apology to Swansea press photographer Dimitris Legakis(pictured)after he was charged with a crime despite “insufficient evidence”.
The apology and failings of the justice system questions the integrity and competence of the CPS in assessing certain allegations of crime, especially as charging decisions are supposedly taken by trained lawyers.
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The Eye Of Media last week was in discussion with the NUJ about the provisions it makes for its members when they are subjected to this kind of ill treatment by the justice system.
The incident occurred as Legakis attempted to capture photographs of a car fire on Sketty Lane in Swansea, a location where killer husband David Clarke had murdered his wife Helen Clarke.
Legakis, a respected member of the British Press Photographers’ Association, and also the National Union Of Journalist, found himself wrestled to the ground, accused of obstructing an emergency worker and assaulting a police officer, and subsequently arrested.
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Following his arrest, Legakis was held for 15 hours and charged with assaulting a police officer. His camera, lenses, drone, and memory cards were all seized and retained for two months.
The prosecution’s case against him was dropped on the day before the trial was scheduled to commence, with the court hearing that there was no evidence of assault on the police body camera recording.
Additionally, discrepancies were noted between the original statement taken from the police officer and his later victim personal statement.
Disturbing
The handling of Legakis’ case drew criticism from Judge Geraint Walters, who described it as “disturbing” and raised serious questions about the integrity of the prosecution.
Judge Walters indicated that the prosecution appeared to stem from a police officer taking offense to Legakis’ photography activities. Legakis recounted spending £4,500 on new camera equipment to continue working while his kit remained confiscated by South Wales Police.
He also disclosed that he experienced nightmares as a result of the ordeal.
In a letter to Legakis, senior district Crown prosecutor Nathan Fear acknowledged the mishandling of the case, stating that the decision to charge Legakis was made by South Wales Police, but the CPS prosecutor should have intervened sooner to stop the proceedings.
He expressed regret that the case was not halted earlier and apologized for the oversight.
The incident has sparked discussions about the need for greater scrutiny and accountability within the criminal justice system, particularly concerning cases involving press freedom and the rights of journalists.
Legakis’ ordeal highlights the importance of ensuring that legal proceedings are conducted with transparency, fairness, and respect for individuals’ rights.
Moving forward, stakeholders are calling for enhanced measures to prevent similar injustices and to uphold the principles of justice and equality for all.
The CPS has pledged to review its procedures to prevent such errors from recurring and to uphold public confidence in the justice system.
NUJ president, Natasha Hirst, last month spoke up against the ill treatment Legakis was subjected to.
Explaining how the NUJ supports its members in matters like this, an NUJ representative told The Eye Of Media.Com
“In terms of any concerns regarding police engagements with journalists/newsgatherers we give members legal support if and when appropriate.
Additionally, in terms of developing an understanding of the appropriate nature of the relationship between journalists/newsgatherers and police we have regular liaison with the London Metropolitan Police, the Avon & somerset Police, as well as a constructive dialogue with the National Police Chiefs Council and the College of Policing, both being UK-wide bodies which deal with all police forces in the UK.
The CPS was contacted late in the day to inquire why the error of judgement occurred by the prosecuting lawyer and what framework it has in place to prevent such failing.
The greater issue of what accountability is in place for incompetent lawyers who betray the purported integrity of the British Justice System.
We await a response.
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