PRIVATE AND CONFIDENTIAL ADDRESSEE ONLY BY EMAIL Mr Martin Mc Gartland PPS Ref 494149 12 October 2010

Dear Mr Mc Gartland, ALLEGED ABDUCTION AND FALSE IMPRISONMENT AT 54D BROOM PARK, BELFAST ON 8 AUGUST 1991 I refer to our previous telephone discussion and emails. You will be aware that I am responsible for deciding whether a prosecution should be brought in relation to the incident which is alleged to have occurred on 8 August 1991 at Broom Park, Belfast. The Police Service of Northern Ireland has investigated your complaint and I have received details of the evidence they have obtained. The Public Prosecution Service can only prosecute an individual if there is sufficient evidence to provide a reasonable prospect of a conviction and if a prosecution is required in the public interest. This is known as the test for prosecution. In this case, I have decided that the available evidence is insufficient to provide a reasonable prospect of a conviction. The standard of proof required to secure a conviction is high. The prosecution must satisfy the court of a defendant’s guilt beyond a reasonable doubt. The law also requires a court to ensure that a suspect is properly identified by reliable evidence as the person who committed the offence. You may be aware that persons suspected of involvement in your alleged abduction and false imprisonment have been interviewed by PSNI. They have denied any involvement in the incident and there is no independent admissible evidence to establish their involvement in the commission of these offences. For this reason it is considered that there is no reasonable prospect of conviction and that the test for prosecution is not met. Whilst I understand that this decision may be disappointing to you, I want to assure you that it was reached only after a most careful examination of all the evidence and

information available, after consultations with Senior Police and taking into account the content of your own written representations. It is open to you to request a review of my decision. The review process is set out in full in the PPS Code for Prosecutors at page 21 part 4.11. This is available on our website at www.ppsni.gov.uk. I will also email you a copy. The Code also provides a general explanation of the work of the Public Prosecution Service. If you wish to discuss this letter, I would be happy to arrange to meet you with PSNI at a suitable location.

Yours sincerely

M O’ Kane – Tel 028 90897097 for Director of Public Prosecutions

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