Watchdog probes collapse of trial

The case was thrown out at Newcastle Crown Court

The police watchdog is to consider whether Durham Police illegally obtained evidence, following the collapse of an attempted murder trial.

Five people were cleared at Newcastle Crown Court over the 2007 shooting of Joe Clarke, 32, at his Consett home.

One man faced a charge of attempted murder, while three men and a woman were accused of conspiracy to murder.

The IPCC investigation will decide whether officers viewed documents that were subject to legal privilege.

Mr Clarke was shot in the back with a shotgun outside his home in Fairways.

In June 2008, after one of the suspects had been questioned, police officers electronically monitored a private conversation between the man and his solicitor, said an Independent Police Complaints Commission spokesman.

He said: "As a result of the overheard conversation the solicitor was arrested and a search of his home was carried out.

"The man was subsequently charged with attempted murder and the solicitor with attempting to pervert the course of justice."

Prosecutions dismissed

Simon Cairns, 20, of Southview Gardens, Annfield Plain, was charged with attempted murder.

Paul Railton, 23, of Leeholme Court, Annfield Plain; Neil Spoor, 39, of Ernest Terrace, Stanley; and Abbie Whitehead, 23, of Pemberton Avenue, The Grove, Consett, were charged with conspiracy to murder and conspiracy to cause grievous bodily harm.

Gary Railton, 42, of School Terrace, South Moor, faced a charge of conspiracy to murder, and Mr Spoor was also charged with conspiracy to pervert the course of justice.

But ahead of the trial, the judge ruled that during the search of the solicitor's home, officers had viewed documents that were subject to legal privilege.

The case was thrown out and all five defendants were cleared.

The IPCC spokesman said: "On 10 July a judge sitting at Newcastle Crown Court dismissed the prosecution case.

"The decision was made following a legal argument concerning the legality of some of the evidence obtained by Durham Constabulary."