22/07/2011

No Charge For Salford Man Over Intruder's Death

A man who fatally stabbed an intruder who broke into his home in Salford will not face charges, the Crown Prosecution Service (CPS) announced today.

Nazir Afzal, Chief Crown Prosecutor, North West Area, said: "I have today told the police of my decision that Peter Flanagan should not face any charges in connection with the death of John Bennell, an intruder who broke into his home in Salford on 22 June.”

Mr Bennell was stabbed in the chest by Mr Flanagan, and died from his injuries.

Chief Crown Prosecutor added: "I am satisfied that Peter Flanagan acted in self-defence after being woken by noises downstairs in his house shortly before midnight. On investigating the disturbance he was confronted by intruders, one of whom was armed with a machete.”

Commenting on reaching the decision Mr Afzal added: “I have looked carefully at the evidence that the police have presented in this case and have taken into consideration the Crown Prosecution Service policy on householders and the use of force against intruders. In a case such as this I have to ask myself whether the use of force was necessary and whether it was reasonable in the circumstances.”

He concluded: "People are entitled to use reasonable force in self-defence to defend themselves, their family and their property. All the evidence indicates that in the frightening circumstances that he faced, Mr Flanagan did what he honestly and instinctively believed was necessary to protect himself and his home from intruders."

Mr Bennell's family have been informed of this decision.

(BMcN/GK)

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