Judicial Review of IOPC decision not to investigate Perjury of witness

by Paul Ponting

Judicial Review of IOPC decision not to investigate Perjury of witness

by Paul Ponting
Paul Ponting
Case Owner
I am fighting for justice after being wronged by Lancashire police for protecting my family.
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pledged of £12,000 stretch target from 44 pledges
Pledge now
Paul Ponting
Case Owner
I am fighting for justice after being wronged by Lancashire police for protecting my family.
Pledge now

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Latest: June 8, 2022

WE HIT THE TARGET

A big thank you to all of the supporters so far, we now have the funds in place for the first step of the Judicial Review process.

We still need more funds to take the challenge all the way to trial a…

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My name is Paul Ponting and I was the victim of a police malicious prosecution.  I was acquitted of all of the charges and I successfully sued Lancashire police for their malicious prosecution of me.

During the prosecution, a police witness and proven police informant lied on oath about his status as an informant which was material to the proceedings.  Evidence that he is or was an informant is available is a recorded phone call with the police.

Lancashire police refused to investigate the reported offence and this is alleged to be due to the fact the suspect was an Informant.  The IOPC has not upheld this police refusal to investigate a very serious offence of Perjury.

A District Judge reviewed the case and confirmed that the criminal offence of Perjury was 'prima facie evident'.  This means, that the Courts have made the comment that the offence of perjury has been committed, even so, the police have disregarded this judge-made comment. 

The issue faced is that the Lancashire police still refuse to investigate this offence so it requires a Judicial Review to challenge their decision.

I am looking to raise £4,000+VAT to pursue a Judicial Review of the IOPC's decision not to direct an investigation.

If the Judicial Review is successful, the decision will be quashed and a fresh decision must be made over the investigation into the criminal conduct of the police witness.

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Update 4

Paul Ponting

June 8, 2022

WE HIT THE TARGET

A big thank you to all of the supporters so far, we now have the funds in place for the first step of the Judicial Review process.

We still need more funds to take the challenge all the way to trial and we have set our stretch target of £12,000 which really is a streeeetch... but we are on track with external funding as well.

We need to show the IOPC and the police that they cannot put themselves above the law.  The case we are challenging here is of a Lancashire police informant who was permitted and protected from LYING on oath. 

A District Judge has confirmed that the crime (of perjury) appears to have been committed which is sufficient for an investigation, yet Lancashire police and the IOPC have knowingly prevented any investigation from taking place.

It is time for the High Court to step in...



Update 3

Paul Ponting

June 7, 2022

We are almost there

After a slow start, we are close to our £1,000 target and success is almost guaranteed, one last push and we will be there.

I wanted to update my supports on where this money will go and what the next steps are.

This initial sum of money is to cover our legal representative taking the first steps of the JR process.

The steps involved will be the review the response of the Letter Before Action which is expected on or before the 9th June 2022.

We then we need to make our application to the High Court for permission to seek Judicial Review, and if granted, we then prepare for trial.

It will cost in the region of £10,000 to get to the trial stage and more if a trial is necessary, but if successful, costs will be recovered.

I find it ludicrous how the IOPC can say Lancashire police must not investigate Perjury committed by a police Informant.

Update 2

Paul Ponting

May 20, 2022

Letter Before Action has been sent.

Yesterday, under advice from my Barrister, I sent my Letter Before Action to the IOPC.

The Letter Before Action (LBA) is part of the 'Civil Procedure Rules' (pre-action protocol) that should be adhered to before any legal proceedings are started.  The LBA notifies the  IOPC that their decision is being contested and why.  The IOPC has 2 weeks to respond, but today they asked for an extension to the 9th of June (3 weeks). This request is unlikely to be rejected, although that is being run past the Barrister first as Judicial Reviews are time-sensitive.

So, the IOPC are now formally notified that their decision is being Judicial Reviewed, and they have two options.  (i) They concede, and agree to re-review their decision, or, (ii) they stand by the decision, and we proceed to the JR application.

Should this proceed to JR, costs will dramatically increase and should we be successful, we will seek costs from the IOPC. 

Please, if you can donate and share, you are helping fight a good cause.  All we aim to do is ensure the IOPC are aware that their decisions can and will be challenged when they are seemingly wrong.  

I have already successfully brought a JR against the IOPC, which shows they do make mistakes that can only be challenged and quashed by the High Court.

 

Update 1

Paul Ponting

May 17, 2022

The case is off the ground.

So far, we have passed £300 and are on our way to our goal.  There is a long way to go, but we are optimistic about reaching it.

In the background, we are preparing the necessary legal documentation and evidence bundles. Our legal representative is no stranger to Judicial Reviews and recently represented me on a successful Judicial Review against Bedfordshire police. 

 UK Justice is not cheap, we cannot beat decision-makers alone as they know that their decisions can ultimately only be challenged by Judicial Review, and they know that is costly.

We want to show them that we can and we will challenge them and will continue to do so via the High Court.  We will grow bigger and we will help others to do the same.  This is not just for me, this is for everyone who has been let down by the police or IOPC.

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