THE HONOURABLE MR JUSTICE NICKLIN Approved Judgment
MBR Acres Ltd -v- McGivern
“9. During the lunch adjournment, I was with Ms Morrissey and the Officer in Case PC Dalton Shailes in the Police room. This meeting in the Police room occurred shortly after the start of the lunch break. 10. During this lunch break meeting, I absolutely do not recall looking at a laptop, or any discussion about an injunction at all during that meeting. As I have stated, the injunction was irrelevant as the alleged incident pre-dated the injunction. In any event, on the Claimants’ evidence the injunction was only sent over at 13.41 by which time my meeting in the Police room had ended. 11. I believe that at around 13.30, I was told by Ms Morrissey that a decision had been made to offer no evidence and the claim would therefore be dismissed. To the best of my recollection I do not believe that Mr Falsey or myself were in Court when the case was dismissed. 12. I cannot remember exactly how I was made aware, but I must have told Mr Falsey that we weren’t needed and would only have done so, had we been told not to go back in. This was around the time that Ms Pressick says that she was sending the email to PC Shailes. 13. Following the meeting in the Police room I was with Mr Falsey. I told him the good news that his case had been dismissed. Mr Falsey left the magistrates court and when outside he texted a friend at 13.50 saying ‘charges dropped’. From this sequence of events, the decision to offer no evidence and the claim being dismissed occurred around 13.30 and following a brief discussion with me, Mr Falsey left the Magistrates court and then sent the text message. 14. By the time the injunction had been sent to PC Shailes, the case had been dismissed and I was with Mr Falsey and shortly afterwards Mr Falsey had left the Magistrates court…” 51. Ms McGivern exhibited to her statement email exchanges between her solicitor and Ms Morrissey. A hearsay notice was provided. Ms Morrissey could not be called as a witness statement because she was abroad on holiday. In an email to Ms McGivern’s solicitors on 19 July 2022, Ms Morrissey stated: “I was the advocate dealing with the prosecution of Mr Falsey. This is one in which the Crown had to offer no evidence for two reasons. (1) No evidence he was on a public highway; and (2) No evidence to show that the establishment protested against had any of the relevant research licences which was part of the charge. Ms McGivern submitted to that effect and, fortuitously, the officer was at court from whom I was able to take instructions. Ms McGivern subsequently came to the police room where that same discussion in front of the [District Judge] was replayed to DC (sic) Shailes. She left the room and I continued my discussion with the officer. I, personally, have no recollection of an [Injunction] and nor do my notes reflect any such discussion.”
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