A former colleague of Yvonne Fletcher, the police officer shot dead outside the Libyan embassy in London in 1984, is bringing a private prosecution for conspiracy to murder against an aide to Muammar Qaddafi.
Ms Fletcher, 25, was killed while policing a demonstration against Qaddafi outside the Libyan People's Bureau in St James's Square, London, in April 1984.
John Murray, 67, promised his colleague as she lay dying that he would find those responsible for her death.
Saleh Ibrahim Mabrouk was found jointly liable for Ms Fletcher’s death in 2021 in a civil case brought by Mr Murray.
He is now pressing on with bringing a criminal prosecution against Mr Mabrouk, who lives in Libya, after prosecutors in the UK dropped a case against him in 2017.
“The legal advice we have had back gives us hope that a private prosecution will succeed,” Mr Murray told the Telegraph.
“It is clearly something we should not have to do, because this case should have been brought by the Crown Prosecution Service (CPS).”
Law firm McCue Jury and Partners are working pro bono and will begin crowdfunding to pay for the prosecution, which is likely to be costly unless the CPS takes over.
They have obtained advice from an expert who said this was the last opportunity to get Mr Mabrouk into a criminal court.
The lawyers have obtained police and CPS files and are also looking to track down more witnesses. Testimony taken at the time can also be admitted.
The civil case against Mr Mabrouk was won on the balance of probability but for a criminal prosecution to be successful, the case needs to be proved beyond reasonable doubt, a higher test.
The judge in the civil case said he considered that the matter one that meets the criminal standard required.
Matt Jury, managing partner of McCue Jury and Partners, said: “The High Court ruling that found Saleh responsible for Yvonne’s murder served to demonstrate a criminal trial can take place, with or without the so-called national security material.”
He asked “will the UK government continue to block Mr Mabrouk’s extradition and prosecution and, if so, why?”
“John’s campaign for justice is far from over. There remain too many unanswered questions,” he said.
Mr Mabrouk was not present when Ms Fletcher was shot, having been detained by the police before the demonstration.
But Mr Justice Spencer said that Mr Mabrouk was an “active participant” in a plot to fire on the demonstrators.
Mr Mabrouk was arrested in 2015 in the UK, where he owned a home in Reading, Berkshire, but two years later police said charges could not be brought because key evidence had been kept on grounds of national security.
Despite being the prime suspect in the case, he was reportedly given several visas to return to the UK between 1999 and 2011 amid claims he was recruited as a “state asset”.
He is the only person to be arrested in connection with the case and denied having anything to do with the shooting.
Libya admitted responsibility in 1999 and agreed to pay compensation to Ms Fletcher's family.
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