Photographer to get retrial over child pornography damages claim (From Watford Observer)

Photographer to get retrial over child pornography damages claim

12:30pm Tuesday 1st December 2009

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A wedding photographer who claims Hertfordshire Police's pursuit over child pornography allegations amounted to a "malicious prosecution" has won a fresh chance to prove his case.

Jeremy Clifford, 50, was accused of possessing and making indecent photographs of children and had the allegations hanging over him for 18 months before he was acquitted by a St Albans Crown Court judge in April 2005.

The images, discovered on a computer which had once belonged to Mr Clifford, of Louvain Way, Watford, were found in temporary file folders and his lawyers successfully argued there was no evidence he even knew they were there.

Mr Clifford says that, as a result of his arrest, his business suffered badly and he was plunged into depression.

He sued Hertfordshire Police, alleging both malicious prosecution and misfeasance in public office.

His damages claim was dismissed by High Court judge, Mr Justice Cranston, in December last year, but, today, Mr Clifford won an appeal against that ruling.

Lord Justice Carnwath said the judge had failed to "deal adequately" with three crucial documents in the case and his reasons for dismissing Mr Clifford's claim "cannot be upheld".

The judge had not grappled with a "direct conflict" between the testimony of two witnesses - one a serving police officer and the other an ex-officer, "both of whom would normally be expected to give reliable evidence" - whose accounts lay at the heart of the case, he added.

Lord Justice Carnwath, sitting with Lord Justice Dyson and Lord Justice Hooper, acknowledged the "inherent unlikelihood" of information having been "suppressed" by an experienced police officer and declined to express any view as to the likely ultimate outcome of Mr Clifford's case.

Although "driven to the reluctant conclusion that there is no alternative to a retrial", the appeal judge expressed the "sincere hope" that a negotiated settlement will now be reached without the need for a further High Court hearing.

The legal costs of the case are already bound to be very substantial.

The court heard that Mr Clifford was arrested in October 2003 following a US investigation into a website called Landslide, which provided both adult and child pornography.

Later, child pornography images were discovered on a computer which once belonged to Mr Clifford, but experts said the images were stored in temporary internet folders and thus "could have been unsolicited".

Mr Clifford, who denies ever having downloaded child porn, said there had been fraudulent activity on one of his credit cards and there was also no evidence to suggest the images come from the Landslide site.

His lawyers successfully argued during the criminal proceedings that temporary internet folders are not strong enough evidence on which to base a prosecution, as they could come to be on the computer by way of "pop up" adverts, which the user may not even have realised were there.

Mr Clifford says he should never have been charged in July 2004 as there was not enough evidence to give rise to a "reasonable and probable" cause to prosecute.

The businessman, who ran UK Professional Video Ltd, based in Shenley Road, Borehamwood - which specialised in wedding films and equipment supply - also says the failure to drop the prosecution earlier amounted to misfeasance in public office.

No date has been set for the retrial of Mr Clifford's damages claim and, after allowing his appeal, Lord Justice Carnwath said: "I sincerely hope, through mediation or otherwise, (that the parties) can reach an accommodation out of court".

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