THE HONOURABLE MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- McGivern
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I am Police Constable 897 Dalton SHAILES of CAMBRIDGESHIRE CONSTABULARY currently seconded as an investigator on Operation Vastus. I make this statement pursuant to a witness summons issued by the High Court of Justice Queen’s Bench Division on the 19TH of JULY 2002. On the 27TH of APRIL 2022 I was in the police room at CAMBRIDGE MAGISTRATES’ COURT. I was informed by whom I cannot remember of an issue relating to the Crowns prosecution case against Ronan FALSEY. I was not the officer in the case. The duty solicitor dealing with the matter was Gill MCGIVERN. The Crown Prosecution Service prosecutor was Anita ADDISON. She and MCGIVERN were discussing whether a certain area around the front gates of MBR ACRES LTD in CAMBRIDGESHIRE were public or private property. I was aware of a civil injunction issued by the High Court on behalf of MBR ACRES LTD, and telephoned Sue PRESSICK and requested a copy of the injunction was emailed to me, which she complied. I did not forward the email to MCGIVERN or ADDISON but allowed them to review its contents on my laptop. MCGIVERN made some comments regarding the injunction which I cannot remember. I did not enter the courtroom and do not know what happened there. I am aware that the case against FALSEY was discontinued. I am aware that my attendance at court may be required. I believe the facts in this statement to be true.”
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(2) From Ms McGivern 48. In response to this further evidence, Ms McGivern has filed a Second and Third Witness Statement, both dated 20 July 2022. 49. In her Second Witness Statement, Ms McGivern stated that, notwithstanding the late service of the Claimants’ further evidence, she did not intend to apply for any adjournment of the contempt application, adding: “ As I have made clear in my evidence, I did not know of the existence of an injunction or the terms of any Order from the Court when I visited the Applicants premises and land on 4 May 2022. I have used the short space of time to make inquiries as best I can from independent sources to support my case. ” 50. Concerning the hearing at the Magistrates’ Court on 27 April 2022, Ms McGivern stated that she was acting for Ronan Falsey who was due to stand trial on a charge of aggravated trespass at the Wyton Site on 7 July 2021. The hearing was at Cambridge, not Peterborough, Magistrates’ Court. Prosecuting counsel was Maggy Morrissey, not Anita Addison. The case was due to start at 10am, but was put back to allow time for the prosecution to provide further evidence in support of its case. Following various applications in the morning, the case was adjourned for lunchtime at 12.30. The case was expected to resume at 13.30. Ms McGivern states:
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