Death of Ian Tomlinson - Simon's letter to the Crown Prosecution Service

9.32.53am BST (GMT +0100) Fri 30th Jul 2010

Below is the letter that Simon Hughes MP, Tom Brake MP and Sarah Ludford MEP handed to Keir Starmer QC, Director of Public Prosecutions at the Crown Prosecution Service on Wednesday 28th July 2010.

Keir Starmer QC

Director of Public Prosecutions

CPS, Rose Court

2 Southwark Bridge

London SE1 9HS

Ian Tomlinson

We are writing with regard to the decision not to charge PC Simon Harwood in relation to the tragic death of Ian Tomlinson at the G20 protests on April 1, 2009.

We understand that four different charges were considered, but for a variety of reasons none of the charges were able to be brought against PC Harwood, and to this day he remains suspended on full pay.

We write this letter to ask several follow-up questions.

1. Are there any circumstances under which it would still be possible to press charges for common assault - after six months has elapsed? (We are curious to know what consideration was given at the outset of the investigation to the possibility that there was a deadline for pursuing certain potential offences including common assault. If it was not considered, at what juncture was the decision made not to press charges for common assault and how was this decision was made?)

2. What additional evidence would be required for the Crown Prosecution Service to consider bringing a charge of misconduct in public office? (Given that this requires conduct "[amounting] to an abuse of the public's trust in the office holder," we would like to know what actions should be regarded as an abuse of the public's trust and what criteria were used to set the "high threshold" for the offence of serious misconduct in public office in this particular case.)

3. Can you confirm that you will consider seriously any evidence which emerges during the inquest into Mr Tomlinson's death, and re-visit your decision not to prosecute in the light of this evidence? (Given that an officer was captured on video striking Mr Tomlinson with a baton and shoving him to the ground, we would be interested to know what new evidence would need to come to light in order for the CPS to consider pursuing a case against him.)

4. Is it possible for an individual now to initiate a private prosecution, and if so on which prospective charges, and would the CPS have any role in advising on or supporting any such prosecution?

We look forward to receiving your response.

Tom Brake MP Sarah Ludford MEP Simon Hughes MP