WITHEY v. THE UNITED KINGDOM - 59493/00 (Judgment : Right to a fair trial : Determination (civil) : Inadmissible)

The European Court of Human Rights (Fourth Section), sitting on 26 August 2003 as a Chamber composed of

��������� Mr���� M. Pellonp�� , President , ��������� Sir���� Nicolas Bratza , ��������� Mr���� M. Fischbach , ��������� Mr���� J. Casadevall , ��������� Mr���� S. Pavlovschi , ��������� Mr���� J. Borrego Borrego , ��������� Mrs�� E. Fura-Sandstr�m, judges , and Mr M. O�Boyle , Section Registrar ,

The applicant, David George Withey, was a United Kingdom national. He was born in 1959 and he lived in Devon. He died in early 2001. His widow, Susan Withey, continues the application on his behalf.

The facts of the case, as submitted by the parties, may be summarised as follows.

Further to a detailed statement given to the police on 4 August 1992 by Ms E, on 6 August 1992 the applicant was arrested on suspicion of indecent assault of two young children, one of whom was his daughter. He denied the offences to the police. He was remanded in custody for four weeks after which he was granted bail. His bail conditions forbade him to contact Ms E or her children. Ms E made a further detailed statement on 28 August 1992.