CPS Statement

31/10/2012

Case involving the death of Scott Sheard.

Geoffrey Fryar, head of the Crown Court team at CPS Mersey-Cheshire, said: "In February 2010 and after a thorough assessment of this case, we made the decision that there was insufficient evidence to bring a prosecution in relation to an incident during which Scott Sheard suffered serious injury.

"Following the tragic death of Mr Sheard in 2012, the case was reviewed again by two experienced prosecutors who re-examined all of the evidence including CCTV footage and statements from witnesses to the incident.

"The suspect did not deny that he had struck Mr Sheard, causing him to fall to the ground, but claimed that he had acted in self-defence.

"When someone claims to have acted in self-defence, it is because they believed that they were about to be attacked themselves. The law requires that this claim be tested by considering whether that belief was genuinely held, whether it was reasonable to hold that belief and whether the action taken as a consequence of that belief was proportionate to the circumstances.

"Based on all of the evidence, we would not be able in court to rebut the suspect's claim that he was acting in self-defence. We have therefore concluded that there is insufficient evidence to provide a realistic prospect of conviction in this case.

"I have been in contact with Mr Sheards family and have met with them to explain this decision in person."

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