Pc cleared after pledge broken

District Judge Neil Thomas found that the CPS had committed an "abuse of process" by indicating it would drop the case but then changing its mind and proceeding.

Constable Franklin, who lives in a village on the edge of Shrewsbury, declined to comment as he left Gloucester Magistrates Court with two colleagues. He spoke during the hearing only to confirm his name, address and date of birth.

Ian Durant, for Mr Franklin, said the officer appeared at Ludlow Magistrates Court on November 2.

Later the CPS in Shrewsbury informed him the case would have to be heard outside the county and it was transferred to Gloucester where the Gloucestershire Crown Prosecution Service took over.

Mr Durant said he was invited by the Gloucester CPS to submit any evidence for consideration which he felt might affect a review of the case.

He said he divulged to the prosecutor letters from several police officers supporting Mr Franklin who spoke about his state of mind at the time of the alleged theft.

However, yesterday he said he felt this had been to Mr Franklin's detriment. He said: "It was completely unequivocal that if I did what I was asked to do they would discontinue the proceedings against Mr Franklin."

Kiaran Dhillon, prosecuting, argued that nothing the CPS had written or said constituted an unequivocal promise to drop proceedings.

But District Judge Thomas said that he found that the prosecution had offered to discontinue but had then changed their minds.

"I am satisfied that there was a clear decision conveyed to the defendant through his solicitors that subject to his compliance this case would be discontinued," said the judge.

"He performed those formalities as required. The case at that time should have been discontinued."

By Sally Jones