The family of a dad-of-two who died following an altercation outside a pub in Stretford are refusing to give up fighting for justice.
Gavin Brown died on April 20, 2019, after being restrained by a stranger outside a pub in Stretford. Now his bereaved family have sought legal advice on the merits of pursuing a judicial review challenge of the Crown Prosecution Service (CPS).
The family previously submitted an application to the CPS for a Victims’ Right to Review of its decision not to bring charges against any of the four individuals who are investigated by Greater Manchester Police (GMP) in relation to Gavin’s death. The decision to explore bringing a claim for judicial review was taken when the family received the news that the CPS had upheld its previous decision not to prosecute.
This development is the latest in a series of efforts made by Gavin’s family to obtain justice for Gavin following his death.
In September 2020, the family were told that the CPS had reviewed the evidence obtained through GMP’s investigation and concluded that there was insufficient evidence to bring charges.
A two-week jury inquest held at Stockport Coroner’s Court in December 2021 concluded that Gavin, who was restrained in a Mixed Martial Arts (MMA)-style “choke hold” outside the Melville Pub for over six minutes by a member of the public, had been unlawfully killed. Gavin’s ability to breathe had been restricted and he entered cardiac arrest. He suffered irreversible hypoxic brain damage and died eight days later at Salford Royal Infirmary.
Following the inquest into Gavin’s death, HM Assistant Coroner Andrew Bridgeman referred the case back to GMP to reinvestigate. GMP subsequently made a referral to the CPS for a charging decision.
In October 2022, Gavin’s family received the news that, despite a further review of the evidence obtained during the Police investigation and as part of Gavin’s inquest, a Specialist Prosecutor had again concluded that there was insufficient evidence to bring charges against the four individuals who were investigated in relation to Gavin’s death.
At the request of the family through the Victims’ Right to Review scheme, the CPS conducted an independent further review of the evidence, but in May 2023, it concluded that there is insufficient evidence to charge.
“What little faith we had in the criminal justice system prior to Gavin’s tragic death has been further eroded by the CPS’s decision not to prosecute. Nobody has ever been held responsible for Gavin’s death and we are not satisfied with the reasoning that we have been given by the CPS for this. We hope that the legal advice we have sought from a specialist barrister will be positive. Bringing a claim for judicial review is a significant step and not something we would do lightly; however, we are prepared to do whatever it takes to achieve justice for Gavin.”
Gavin’s family are represented by Lucie Boase of Broudie Jackson Canter solicitors, who said:
“It is right that Gavin’s family explore the merits of a potential claim for judicial review. For over four years, they have fought hard for answers about Gavin’s death. I can only imagine how heart-breaking it is for them to receive repeated knock-backs from the Police and the CPS. Gavin did not spontaneously lose consciousness outside the Melville Pub on 12 April 2019; he was placed in a “choke hold” which caused him to enter cardiac arrest and sadly later die. The decision not to take further action against those whose actions and inactions precipitated Gavin’s death appears to send the message that such behaviour is acceptable, and that those who cause death and serious injury to others do not have to face the consequences of their actions.”
If the family receive positive advice and go on to issue proceedings for judicial review, ultimately the lawfulness of the CPS’s decision will be scrutinised by the Administrative Court. If it is satisfied that the decision is unlawful, the Court will quash the decision and the CPS will be ordered to re-make it in a lawful manner. Judicial review claim forms must be filed promptly and in any event, not later than three months after the grounds to make the claim first arose. The family’s representatives therefore have until 22 August 2023 to issue a claim.
Speak to a professional
There can be nothing worse than the sudden and unexpected death of a family member. At Broudie Jackson Canter, we have been concerned for many years about ensuring a full and proper investigation at an Inquest. We have developed a team of legal advisers who are able to help through this potentially traumatic process and we are able to advise in almost all Inquests and can guide you through the procedure.