Essex: Case against Stuart Pain discontinued

04/12/2015

East of England Crown Prosecution Service has decided that it is no longer appropriate to continue the case against Stuart Pain, charged with the attempted murder of John Sales in Colchester, Essex, on 10 November 2015.

Senior District Crown Prosecutor for CPS East of England, Punam Malhan, said: "Stuart Pain was charged last month on the basis that there was a reasonable suspicion he had committed the offence and there were reasonable grounds for believing the continuing investigation would provide further evidence within a reasonable amount of time.

"When we make a decision on this basis it would be wrong of us to keep a suspect in custody indefinitely without keeping a very close eye on what evidence is emerging and whether objections to bail can be justified.

"The inquiries, which are still ongoing, have not provided us with a stronger case which would meet the test under the Code for Crown Prosecutors that there is sufficient evidence for a realistic prospect of conviction. This is the test all cases must meet for a prosecution to go ahead.

"We have conducted a review of the case with senior police officers on whether it would be right to keep Mr Pain in custody while investigations are continuing.

"The decision we have reached is that on the evidence currently available there is not a case in law which could proceed and that the charges should be discontinued."