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Harry Redknapp, the FA Cup-winning manager, today scored a major victory over police who staged a dawn raid on his home as the High Court made a landmark ruling that the search was unlawful.
The decision heralds the end of a culture which Mr Redknapp's solicitor compared with that of a “police state” where forces use searches as a routine method to gather information.
The High Court decision is a blow to Britain’s high-profile investigation into corruption in football because addresses linked to five major soccer personalities were named on the same warrant now judged to be flawed.
Legal sources believe police may have to return anything seized from the homes of the other targets: the Rangers midfielder Andy Faye, the Portsmouth chief executive Peter Storrie, the Leicester City chairman Milan Mandaric and the agent Willie McKay.
Papers and a computer had already been handed back to Mr Redknapp.
The ruling is a crushing blow to City of London Police, the country’s top fraudbusting force, which was humiliated in December by the collapse of the £10million trial of the champion jockey Kieren Fallon and others for alleged racefixing.
Lord Justice Latham and Mr Justice Underhill said in the High Court today that flaws in the arrest warrant were “wholly unacceptable”. They said: “The obtaining of a search warrant is never to be treated as a formality. It authorises the invasion of a person’s home.”
Mr Redknapp was seething about the early-morning raid on his home in Sandbanks, Dorset, in November. His wife Sandra was at home while he was returning from watching a match in Germany. Photographers captured the raid and pictures appeared in The Sun.
When Mr Redknapp went voluntarily from Gatwick to meet officers at Chichester police station later that day, he was arrested and put in a cell, a decision which did nothing to soothe his frustration. He was freed on bail.
Mr Redknapp sued City of London Police over the raid. He has won on two grounds. His lawyers successfully argued that the police failed to explain to a magistrate why they needed a warrant: why they thought that they could not communicate with the occupier, why the occupier would not let them in or why it was suspected that the subject of the investigation might destroy evidence.
The other successful argument by Mr Redknapp’s lawyers was that the document omitted his address. The search warrant given to Mrs Redknapp failed to state that police were entitled to search that home. The raid will therefore be deemed as trespass and police will have to pay £1000damages, which will be donated to charity. The force was also ordered to pay 25 per cent of Mr Redknapp's legal costs. The case has cost the tax payer around £50,000.
Mr Redknapp’s solicitor Mark Spragg, a fraud and white collar crime specialist, said forces were too quick to resort to what he called draconian powers. “It is an outrageous abuse. His wife is still utterly in shock. The problem is that they are issuing these warrants all the time but it’s very rare that people take the police on and complain about it because most people don’t have the guts to do it or they don’t have the wherewithal or they just think the police are the police and they can do whatever they like,” he said.
“Obviously more people should do. Otherwise they are behaving like a police state.
“They have the power to go and kick somebody’s door in and rifle through their entire house and take away anything that they think relevant to their investigation.
“If you are given these serious powers there is a corresponding obligation on the police to exercise them with due care. It is a restoration of the rights of the individual.
“There are many other ways they could get documents from people. For a start, they could ask.” Dawn raids are a regular feature of British police investigations. Some high-profile individuals have been furious at the perceived indignity of the tactic. Downing Street aides were aghast when Scotland Yard swooped on the home of Tony Blair’s adviser Ruth Turner at dawn during the fruitless loans-for-honours probe last year.
City of London Police are investigating allegations of corruption surrounding player transfers. The Birmingham City owner David Sullivan was outraged when he and his chief executive Karren Brady were arrested. Pascal Chimbonda, the Tottenham defender, and another man have also been arrested but there have been no charges.
City of London Police said: “We accept the judges’ decision. We have already reviewed our procedures and will be working closely with the City of London magistrates to ensure that warrants meet current guidelines.
"Having consulted with the fraud prosecution service we are satisfied that nothing contained within the judgment has any impact on the main body of evidence being gathered in relation to the investigation. We will continue to work closely with the fraud prosecution servce and consult throughout. As this is a live investigation we cannot comment further at present.”
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