Hawkhurst burglary victim slams court error which cost him compensation
AN aggrieved Hawkhurst shopkeeper is calling for a change in the law after a court denied him compensation for a £10,000 burglary.
Colin Brown, owner of the Hawkhurst Tackle Shop, lost fishing equipment worth £7,000 in a night-time raid on August 7 which also saw £3,000-worth of damage caused to the Highgate Hill store.
Police swiftly arrested 20-year-old Harley Webb, of Flimwell, in connection with the crime.
Webb, who was already serving a suspended sentence, was jailed for 133 days after pleading guilty to the burglary, two thefts and a driving offence on August 11.
The public prosecutor made an application for compensation, which was refused by the magistrate. As the case has been dealt with, Mr Brown will receive no damages.
The furious 27-year-old is now writing to Maidstone and the Weald MP Ann Widdecombe in the hope she can take his case to Justice Secretary Jack Straw.
Mr Brown said: "Because he pleaded guilty and I wasn't physically harmed, there is a loophole which says I am not entitled to anything whatsoever.
"I have no complaints about the police. They did their job – they caught him and enforced the law. It's the court of law who have cocked it all up."
Mr Brown, 27, opened the shop at Easter this year and was already struggling financially before the robbery.
His solicitor Donal Blaney said it made Mr Brown a victim twice over.
Mr Blaney said: "My client feels that the justice system has let him down.
"He is possibly going to be put out of business because of the actions of a thief. It is not unreasonable that society should help. But this was rushed through by a bench that failed to take any heed of his losses."
A Crown Prosecution Service spokesman said: "The CPS made an application for compensation and the court exercised their discretion and refused the application."
2 Comments
by Vince, Kent
Tuesday, September 01 2009, 11:50PM
“Why am i not surprised by the decision of the courts.
Someone trying to better themselves by buliding an honest business is penalised by the actions of a thief.
Surely it's about time those that break the law are made to pay in a just way, with the comfortable conditions in many prisons half of these people would probably rather be in custody than out on the streets anyway.”
by Steve, Kent
Sunday, August 30 2009, 8:51AM
“Another case where the victim comes of worse than the criminal. When is the government going to wise up and sort these criminals out, once and for all. I won't hold my breath.”