Publication date:
The Public Prosecution Service (PPS) today confirmed that the Test for Prosecution is no longer met in respect of Laurence Jon Zaitschek for his alleged role in the break-in at Castlereagh Police Station and in respect of two offences of collecting information.
The PPS had previously confirmed that there had been sufficient evidence to prosecute Laurence Zaitschek should he be made amenable in Northern Ireland. All such decisions are kept under continuous review.
After the original decision for prosecution had been taken new information came to the attention of the PPS through the Chief Constable. The PPS concluded that a duty of disclosure to the defence arose in respect of this information. It took all possible steps in conjunction with police to make it available. However the Chief Constable has now confirmed that he is not in a position to make this information available for the purposes of disclosure.
In those circumstances the PPS has concluded that the Test for Prosecution is no longer met as the disclosure obligations placed upon the prosecution cannot be discharged and fair trial could not thereby be achieved.
Notes to Editors
Outline of events leading to PPS’s original decision to Prosecute:
- On Sunday 17 March 2002 three male intruders entered an office at Castlereagh Police Station, Belfast. The police officer on duty was overpowered and bound hand and foot. The perpetrators then removed a number of important documents from the office.
- Laurence Zaitschek, an American citizen, had come to Northern Ireland to work as a chef. He had taken a job with a catering service and had worked as the chef in the Castlereagh Police Station canteen and later at Antrim Road Police Station. When working at Antrim Road Police Station Zaitschek continued to use the gym at Castlereagh Police Station. Zaitschek resigned from the catering service two days before the incident.
- Zaitschek was one of the persons interviewed in relation to the break-in as he was identified as being present in the gym at Castlereagh Police Station on the date of the offence.
- Police seized Zaitschek’s vehicle, a Peugeot 306 car, which he had used to enter and leave Castlereagh Police Station on the date of the break-in. Zaitschek at this stage had returned to America.
- Forensic examination of the boot of the vehicle identified two sets of fibres which were found to be microscopically indistinguishable from fibres taken from the tape used to restrain the police officer during the break-in. The forensic scientist concluded that the two findings provided “strong support for the proposition that two fabrics or an item containing both fibres had been in contact with the boot and with the tape”.
- In deciding whether or not the Test for Prosecution is met in any case the PPS is required to have regard to its duties of disclosure of evidence and information to the defence. Statutory obligations require police to schedule any relevant material gathered during the course of the police investigation. This enables the prosecution to disclose any material which undermines the prosecution case or assists the defence case.
- In this case, following receipt of disclosure schedules, prosecution lawyers carried out a review of the voluminous material held by police and other agencies. Having regard to this review and the available evidence and information, it was concluded that the Test for Prosecution was met in respect of the offences of aggravated burglary and false imprisonment arising from the break-in at Castlereagh Police Station and two further offences of collecting information likely to be useful to terrorists.
- A direction to prosecute Laurence Zaitschek, should he be made amenable in Northern Ireland, issued to the Chief Constable in respect of the above offences. The PPS also confirmed to the Chief Constable that the evidence was sufficient to support Zaitschek’s extradition in relation to the offences arising from the break-in, but not the offences of collecting information which were not extraditable from the United States of America. The functions of the PPS do not include taking steps to seek the extradition of a suspect from the United States of America.
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