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| Version 2 | Version 3 |
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| Police told to pay damages over press release implying man killed girlfriend | Police told to pay damages over press release implying man killed girlfriend |
| (about 1 month later) | |
| Bedfordshire police will have pay out £125,000 in libel damages after issuing a press release that implied a man had probably murdered his girlfriend in a remote lake. | Bedfordshire police will have pay out £125,000 in libel damages after issuing a press release that implied a man had probably murdered his girlfriend in a remote lake. |
| In a highly unusual challenge to an official police statement, Amilton Bento, 31, claimed he had been defamed by being blamed for the death of 26-year-old Kamila Garsztka, whose body was discovered in Priory Lake, Bedford, in January 2006. | In a highly unusual challenge to an official police statement, Amilton Bento, 31, claimed he had been defamed by being blamed for the death of 26-year-old Kamila Garsztka, whose body was discovered in Priory Lake, Bedford, in January 2006. |
| Bento had reported her missing six weeks earlier. He soon fell under suspicion and was convicted of her murder in 2007. That verdict was quashed by the court of appeal, however, in February 2009 on the basis of the "unsatisfactory nature" of the evidence that Garsztka had been carrying a bag shortly before she died – the bag found at Bento's flat on the night she was last seen. | Bento had reported her missing six weeks earlier. He soon fell under suspicion and was convicted of her murder in 2007. That verdict was quashed by the court of appeal, however, in February 2009 on the basis of the "unsatisfactory nature" of the evidence that Garsztka had been carrying a bag shortly before she died – the bag found at Bento's flat on the night she was last seen. |
| In July 2009, shortly before a retrial, the case was discontinued and Bento was formally acquitted. Two days later, Bedfordshire police issued the disputed press release, which Bento alleged meant he was guilty of murder and had wrongly escaped justice as a result of confusion over expert evidence. | In July 2009, shortly before a retrial, the case was discontinued and Bento was formally acquitted. Two days later, Bedfordshire police issued the disputed press release, which Bento alleged meant he was guilty of murder and had wrongly escaped justice as a result of confusion over expert evidence. |
| The police accept that the release meant there was sufficient evidence to justify proceeding with the retrial in the reasonable expectation that Bento would be convicted. | The police accept that the release meant there was sufficient evidence to justify proceeding with the retrial in the reasonable expectation that Bento would be convicted. |
| The force maintained that Bento, who now lives in Portugal, probably killed Garsztka and it was either murder or manslaughter, and said they had a duty to publish the release in relation to providing information to the public and to defend their conduct in investigating her death. | The force maintained that Bento, who now lives in Portugal, probably killed Garsztka and it was either murder or manslaughter, and said they had a duty to publish the release in relation to providing information to the public and to defend their conduct in investigating her death. |
| But Mr Justice Bean, who heard the case at London's high court without a jury, rejected the police's defences of justification and qualified privilege. Bento was not in court for the ruling. | But Mr Justice Bean, who heard the case at London's high court without a jury, rejected the police's defences of justification and qualified privilege. Bento was not in court for the ruling. |
| His counsel, Hugh Tomlinson QC, had told the judge that Garsztka was last seen by her family in December 2005 before she went to Brighton, where she was not in a normal state of mind and stood on the pier looking at the sea. | His counsel, Hugh Tomlinson QC, had told the judge that Garsztka was last seen by her family in December 2005 before she went to Brighton, where she was not in a normal state of mind and stood on the pier looking at the sea. |
| Returning to Bedford, she stayed the night at Bento's flat. His evidence was that he never saw her again after leaving for work the following morning. | Returning to Bedford, she stayed the night at Bento's flat. His evidence was that he never saw her again after leaving for work the following morning. |
| That evening, she was seen on CCTV walking at the lake, a cold and deserted spot, and her coat, scarf and trainers were later found by dog-walkers, who alerted the police. | That evening, she was seen on CCTV walking at the lake, a cold and deserted spot, and her coat, scarf and trainers were later found by dog-walkers, who alerted the police. |
| After her body was found by a group of children having canoeing lessons, the police put up "murder" posters when, in fact, added counsel, the evidence of murder was non-existent. Pathologists said the cause of death was medically unascertainable but consistent with drowning. | After her body was found by a group of children having canoeing lessons, the police put up "murder" posters when, in fact, added counsel, the evidence of murder was non-existent. Pathologists said the cause of death was medically unascertainable but consistent with drowning. |
| Tomlinson said: "If Bento was involved, events must have taken place in a very narrow time window of two or three minutes, and there was no evidence that he was anywhere near the lake that night. | Tomlinson said: "If Bento was involved, events must have taken place in a very narrow time window of two or three minutes, and there was no evidence that he was anywhere near the lake that night. |
| "Bedford, like most English towns and cities, is full of CCTV cameras and no CCTV camera captured Bento going to or coming from the lake. | "Bedford, like most English towns and cities, is full of CCTV cameras and no CCTV camera captured Bento going to or coming from the lake. |
| "There was also no evidence that Mr Bento, a man of good character, had ever been violent to anybody or had any motive to attack or kill Garsztka. Those points, we say, add up to a very simple answer – he didn't do it." | "There was also no evidence that Mr Bento, a man of good character, had ever been violent to anybody or had any motive to attack or kill Garsztka. Those points, we say, add up to a very simple answer – he didn't do it." |
| Tomlinson said that expert evidence for the defence was that a "shadow" on CCTV footage showed her carrying her bag at the lake, while evidence for Bento from one of the world's leading CCTV experts was that the images showed no bag at all. | Tomlinson said that expert evidence for the defence was that a "shadow" on CCTV footage showed her carrying her bag at the lake, while evidence for Bento from one of the world's leading CCTV experts was that the images showed no bag at all. |
| In his ruling, the judge said that, while it was possible that Bento killed Garsztka, the balance of probabilities was that he did not and that she killed herself. | In his ruling, the judge said that, while it was possible that Bento killed Garsztka, the balance of probabilities was that he did not and that she killed herself. |
| He did not accept that the public interest was served by encouraging the police to issue statements indicating their opinion that a decision not to pursue a prosecution was wrong because the individual concerned was probably guilty. | He did not accept that the public interest was served by encouraging the police to issue statements indicating their opinion that a decision not to pursue a prosecution was wrong because the individual concerned was probably guilty. |
| "On the contrary: such statements reduce confidence in the criminal justice system, as well as seriously damaging the right to reputation of the individual," he added. | "On the contrary: such statements reduce confidence in the criminal justice system, as well as seriously damaging the right to reputation of the individual," he added. |
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