British Broadcasting Corporation

Page last updated at 14:04 GMT, Monday, 29 September 2008 15:04 UK

Killer father faces no UK charges

John Hogan
John Hogan was cleared of murder at a trial in Crete

No action is to be taken in the UK against a father who threw his son to his death from a hotel balcony, the Crown Prosecution Service has said.

Liam Hogan, six, of Bradley Stoke near Bristol, died after falling 50ft (15m) from the Petra Mare Hotel in Crete with his father, John, and sister, Mia.

Mr Hogan, 34, was cleared of murder by a Greek court, but an inquest in the UK ruled that Liam was unlawfully killed.

The children's mother had urged the British authorities to prosecute him.

Liam died from head injuries and Mia, then aged two, broke several bones in the fall in August 2006.

Mr Hogan was committed to a psychiatric unit in Greece for a minimum of three years after the trial, where he remains.

'No evidence'

Following the inquest in March 2008, a file was passed by Avon and Somerset Police to the CPS to consider whether there was a basis for bringing a prosecution against Mr Hogan should he return to England or Wales.

In certain circumstances the Director of Public Prosecutions may apply to the Court of Appeal for permission to prosecute a person who has been acquitted.

This also applies where the person has been acquitted by a court in a foreign country.

Liam Hogan
Liam Hogan died from head injuries

Reviewing lawyer Stephen O'Doherty of the CPS Special Crime Division said: "In order to make such an application there must be 'new and compelling evidence' that was not available at the original trial.

"An examination of the court proceedings shows that there was very little dispute as to what had taken place.

"Mr Hogan was acquitted because of the evidence as to his state of mind at that time.

"Any new and compelling evidence would have to relate to Mr Hogan's mental state as it was in August 2006.

"Such evidence would also have to be 'substantial and highly probative' of any case against him.

"The director has concluded that there is no evidence in this category that would enable an application to be made."

Mr Hogan's former wife Natasha Visser has been informed of the decision, the CPS said.


SEE ALSO
Balcony death father will appeal
18 Aug 08 |  Bristol/Somerset
Fall death boy unlawfully killed
27 Mar 08 |  Bristol/Somerset
Hotel leap man cleared of murder
23 Jan 08 |  Bristol/Somerset
Pair were 'pushed' over balcony
26 Mar 08 |  Bristol/Somerset

RELATED INTERNET LINKS
The BBC is not responsible for the content of external internet sites

FROM OTHER NEWS SITES
Bristol Evening Post CPS rules out legal action against death-leap father - 5 hrs ago
Burnley Express No UK charges for balcony leap father - 7 hrs ago
Glasgow Evening Times No UK charges for balcony leap dad - 11 hrs ago
Glasgow Herald No charges for father over sons death in fall - 13 hrs ago
Hemel Hempstead Gazette No UK charges for balcony leap dad - 14 hrs ago



FEATURES, VIEWS, ANALYSIS
How Nasa plans to take man to the Moon the next time
UN chief defends his softly-softly diplomacy
Thailand 'scam' victims tell of detention ordeal

PRODUCTS & SERVICES

Explore the BBC

This page is best viewed in an up-to-date web browser with style sheets (CSS) enabled. While you will be able to view the content of this page in your current browser, you will not be able to get the full visual experience. Please consider upgrading your browser software or enabling style sheets (CSS) if you are able to do so.
Americas Africa Europe Middle East South Asia Asia Pacific