Prosecutor withdraws charge saying it shouldn't be dealt with in 'criminal arena'
A serving police officer has walked free from court after a domestic abuse allegation against him was dropped.
PC Mark Hempsall had been accused of subjecting his former partner to psychological and physical abuse between 2017 and June this year.
It had been alleged the 57-year-old had also used his police radio to track the woman’s movements.
However at Douglas Courthouse today (19 December) the prosecutor told the court she wished to withdraw the allegation.
She said it was something better dealt with as a ‘professional standards matter’ and not 'in the criminal arena'.
Mr Hempsall’s advocate highlighted how his client had been arrested at Ronaldsway Airport in September, after returning from a holiday with a new partner, by more than six of his colleagues.
He had then spent three nights in police custody before making his first court appearance.
Applying for costs the advocate said the evidence in the case should have been reviewed properly before his client was charged saying: “This case really should not have got off the ground.”
Adding a ‘substantial’ five-figure amount of money had been spent on launching a defence the advocate added it would be ‘entirely appropriate’ for his client's costs to be paid.
The prosecutor told the court that matters had been reviewed ‘as soon as possible’ with the ultimate decision not to proceed taken by the Attorney General’s Chambers yesterday (18 December).
Awarding costs, which will be paid from government’s central funds, Magistrates told the court: “It does look as if this matter could have been handled more appropriately.”
Professional disciplinary proceedings within the Isle of Man Constabulary are said to be ongoing.
Manx Radio has invited the Isle of Man Constabulary to comment.
In a statement it says: "A thorough and impartial investigation has taken place and, as a result of the further evidence gathered, the Attorney Generals Chambers has made the decision that the case no longer meets the threshold for prosecution.
"As such the matter has been withdrawn from criminal proceedings.
"The Isle of Man Constabulary is still conducting an internal investigation on this matter and will not be providing any further comment at this time."