03/02/2020 Economou v David De Freitas (Rev 1) [2016] EWHC 1853 (QB) (27 July 2016) detained overnight at Notting Hill Police Station, and interviewed under caution on 5 January 2013, when he denied the allegations. He was then released on police bail. 24. Mr Economou instructed solicitors, and between 5 January and 20 February 2013 he and they gathered evidence as to the circumstances surrounding the alleged rape, including CCTV, communications Ms de Freitas had made, and other material. Evidence which they considered exonerated Mr Economou was presented to and considered by the police. On 20 February 2013 Mr Economou's solicitors were told, and they informed him, that the decision had been made to take no further action against him, and that he would not be charged. The decision was taken by Detective Inspector Julian King, the officer in charge of the investigation. The officers conducting the investigation were DCs Dial and Denton. 25. Mr Economou sought to persuade the police to investigate further with a view to prosecuting Ms de Freitas for the common law offence of perverting the course of justice ("PCJ"). The police declined to do so. Mr Economou took the view that they were unjustifiably refusing to investigate. He complained about the officers to the Independent Police Complaints Commission ("IPCC") and instructed a firm of solicitors called Edmonds Marshall McMahon ("EMM"), which specialises in private prosecutions. He told Ms de Freitas and her father of his intentions in messages he sent on 21 February 2013. 26. In a text to Ms de Freitas he accused her of PCJ and said "see you in the Crown Court". In a second text he told her that his family had "pooled our resources together and instructed the best lawyers money can buy to ensure you are sent to prison for your crimes". He conveyed the same information to Mr de Freitas by a message to his business website which also stated: "You have no idea how angry we are right now. This problem is not going to go away until she is brought to justice. I can not wait for that to happen. Your daughter has completely destroyed me and now the real justice is going to happen." On 22 February this message was reported to the police by Mrs de Freitas, alleging that it was an act of harassment. DC Dial issued Mr Economou with a harassment warning letter, which he copied to Mr Economou's solicitor. 27. Between March and August 2013 Mr Economou and EMM gathered more evidence and built up a case of PCJ against Ms de Freitas. EMM made contact with a number of people, and obtained some 8 witness statements. The police assisted when asked and, as Mr Economou puts it, "were generally helpful, with Detective Inspector King even providing a witness statement." 28. On 2 August 2013 Mr Economou laid an information before Westminster Magistrates' Court, alleging that Ms de Freitas was guilty of PCJ. The particulars were that she had between 24 December 2012 and 20 February 2013 with intent to pervert the course of justice done an act which had a tendency to pervert the course of public justice in that she made a false allegation of rape against Mr Economou to the Metropolitan Police Service. The court issued a summons. 29. On 13 August 2013, EMM sent Ms de Freitas by email and by post the summons, a schedule of offences setting out the single count of PCJ and a Case Summary. The following day Mr de Freitas reported the service of the summons to DC Dial as a further act of harassment. On 31 August 2013 Mr de Freitas and Ms de Freitas went to Notting Hill police station where she made an allegation to a Police Community Support Officer ("PCSO") named Tulsi of further harassment by Mr Economou. 30. On 1 September 2013 Mr Economou wrote Mr de Freitas a fax, which he ultimately signed and sent by post to Mr de Freitas' office address, complaining of "further false allegations" made at Notting Hill police station. He complained that these had caused him enormous alarm and distress. He referred to the prosecution of Ms de Freitas "for making a false allegation of rape" and said that making "further false allegations in an attempt to delay legal proceedings is only going to make the situation worse". He told Mr de Freitas that there would be a full investigation into the allegations "and if it is found that you have intentionally lied to the police then you could be prosecuted yourself." 31. By email of 2 September 2013 Mr de Freitas reported this letter to DI King as a yet further act of harassment. The response was a letter from EMM dated 3 September 2013 which apologised on Mr Economou's behalf for his 1 September communication and "any surprise or concern it may have caused". The letter was sent to Mr de Freitas' office. Although marked Strictly Private and Confidential it was not addressed to him by name. As a result, it was opened by a member of staff. The letter gave www.bailii.org/ew/cases/EWHC/QB/2016/1853.htm 7/58