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161 | 13.12.2017


 The POA are pleased that their members have been cleared of misconduct in a public office after a prisoner died on 16th December 2013. The pressure facing criminal charges has been immense for the Officers but hopefully now they can move forward knowing that this sad case has finally concluded and they have been cleared by the Court.

Steve Gillan General Secretary of the POA said,

'We are delighted by the strong judgment of His Honour Judge Dickinson QC which sets out comprehensively that prison officers, Mr Philip Marshall, Mr Paul Atkin and Mr Auvil Graham had no case to answer. He indicated that this was “crystal clear”. Sadly, it has taken several years since the tragic death of Mr Moore for this case to come to Court and for Mr Marshall, Mr Atkin and Mr Graham to receive, in a full considered judgment, a validation of their position. They are very grateful to their legal teams who, from the very start, identified the flaws in the case against them and to the Judge who enabled a just verdict of not guilty, with no case for them to answer. It is unfortunate that the prosecution failed to analyse the evidence carefully so as to understand that there was no criminal conduct by any of these prison officers. These are charges that should never have been brought.

Mr Marshall was represented by Mrs Gillian Jones QC, Mr Michael Lavery and Mr Greg Powell, Mr Atkin by Ms Kirsty Brimelow QC, Mr David Toal and Ms Gemma Zakrzewski and Mr Graham by Mr Simon Csoka QC, Mr Patrick Cassidy and Mr Jared McNally.


For further information, contact:

POA Press Office          020 8803 0255    Option 7