A man cleared of attempting to abduct a child outside a supermarket has had his claim that he was unlawfully detained by police dismissed at the High Court.
Paul Andrews, then aged 58, was arrested in June 2017 after a mother reported a man had approached her nine-year-old daughter in the car park of Morrisons at North Quay Retail Park in Lowestoft.
Charges of attempting to abduct the girl were dropped two months later at Ipswich Crown Court when the Crown Prosecution Service said there wasn’t sufficient evidence to continue the prosecution.
Mr Andrews, of no fixed address, subsequently argued police had not had reasonable grounds for suspecting an attempted abduction and that his detention in police custody as a result had been unlawful.
He appealed to the High Court after his claims against Suffolk Constabulary were rejected by the County Court at Norwich.
It had ruled his detention had been lawful and that correct rules had been followed when he was denied bail.
It also dismissed his claim under Article 5 of the European Convention on Human Rights that protects the right to liberty.
The High Court in London dismissed the appeal by Paul Andrews on all three grounds (Image: PA)
The court had heard that Mr Andrews had got out of his car playing loud music and asked the young girl, who was standing with her mother outside the supermarket, whether she wanted to dance.
When the girl began to move towards him her mother walked over, put her arm around her daughter, and said ‘No she’s fine, thank you’.
Mr Andrews then said “I’m just trying to have a bit of fun” before driving off, the court was told.
He was arrested five days later on suspicion of attempted child abduction.
Mr Andrew’s lawyers argued there was no suggestion that he said to the girl “come with me or anything to that effect” and therefore there was no reasonable grounds to suspect him of the offence.
The incident had also occurred in a busy car park, covered by CCTV and while he was playing loud music, they added.
But in his county court judgement, Judge David Pugh accepted the arresting police officer’s evidence that he “considered it would be necessary for an arrest to allow a prompt and effective investigation and to protect vulnerable children”.
Following a High Court hearing last month, Mrs Justice Naomi Ellenbogen upheld this judgement and dismissed the appeal on all grounds.