A heartbroken family desperate for closure and 'justice' are urging prosecutors to take another look at the death of a much-loved dad-of-two. Gavin Brown died in hospital eight days on from an altercation outside a pub in Stretford, aged just 29.
His inquest heard evidence on the events leading up to his death, including how he had been restrained by a member of the public outside the pub for more than six minutes, before jurors concluded his death had been 'unlawful'. But having been told by the Crown Prosecution Service (CPS) there was insufficient evidence to make a charge before the inquest, Gavin's family have been dealt the same 'devastating' blow again.
"I feel like it's a wound that partly scabs over," Sophie Penrose, Gavin's sister, told the Manchester Evening News. "Then it opens up again, but it's never fully closed.
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"We're not getting that closure. We are just in limbo and it's been so many years now, which it makes it even more difficult."
During the course of a two-week inquest, South Manchester Coroners Court heard how Gavin died at Salford Royal Hospital, eight days after he had been restrained outside the Melville Hotel on April 12, 2019. Gavin, who had paranoid schizophrenia, had been drinking at another Stretford bar with a friend before a taxi took them to a convenience shop on their way to The Melville.
The court heard Gavin was involved in an altercation with a doorman outside, before a number of people left the pub to see what was going on. Gavin was then restrained in a 'chokehold' for more than six minutes, and jurors concluded that he received no welfare checks in that time.
Gavin’s ability to breathe had been restricted and he entered cardiac arrest. He suffered irreversible hypoxic brain damage, with jurors ruling that this led to his death at Salford Royal Infirmary eight days later, where he had been kept in an induced coma.
Following an investigation into Gavin's death, Greater Manchester Police put forward four names to face prosecution, but in September 2020 the CPS said it had insufficient evidence to bring charges. As Gavin's inquest concluded in December 2021, with jurors ruling the death to be 'unlawful', coroner Andrew Bridgman referred the case back to GMP.
The force subsequently made a referral to the CPS for a charging decision. But last October, a specialist prosecutor at the CPS concluded there was still insufficient evidence to bring charges against the four people investigated.
That decision came despite a further review of the evidence obtained during the police investigation and as part of Gavin’s inquest. "I feel extremely let down and disappointed in the system," Sophie added.
"I was heartbroken once again, as I was the first time when we were told no further action was to be taken. I think it was harder the second time around because we had the inquest, we heard new evidence, it was quite clear from what we heard."
The family has now submitted an application for a Victims’ Right to Review, to take another look at the CPS decision, and the outcome is expected this spring. With the four-year anniversary of Gavin's death coming up in April, his family say they 'refuse to give up' on their 'pursuit for truth and accountability'.
Lucie Boase of Broudie Jackson Canter solicitors, who is representing Gavin's family, said: “The decision by the CPS not to take further action against the individuals whose actions and inactions precipitated Gavin’s death is hugely disappointing. It appears to send the message that people can act with impunity, without fear of punishment by the law.
"A prosecution in this case is crucial in upholding public confidence in the criminal justice system and this has informed the family’s decision to seek a Victims’ Right to Review.” A CPS spokesperson confirmed the process for a Victims’ Right to Review on the case was 'ongoing' and said it was unable to comment further.
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