03/02/2020 Economou v David De Freitas (Rev 1) [2016] EWHC 1853 (QB) (27 July 2016) DdF: Well, her reaction was one of shock, dismay, it completely disorientated her. … … JH: How did she react when the police told her that they were not intending to prosecute her for perverting the course of justice? DdF: Well, she accepted that that's the way it should be because she wasn't perverting the course of justice as far as she was concerned. JH: But then the Crown Prosecution Service said that they would support the private prosecution. How did she take that? DdF: With incredulity. I mean, it just didn't make any sense. We could not see that there were grounds on either the evidential stage, or the public interest stage. And there are meant to be two stages before a decision like this is made. We could not understand it, nor could her legal team. In fact we actually invited the CPS to look at this matter, because they also have the power to take over the prosecution and stop it, and that is what we felt they should do, so we were utterly amazed and flabbergasted that they actually decided to continue with the prosecution. .... JH: And now the Director of Public Prosecutions has said that she will personally conduct an investigation into what happened. What's your reaction to that? DdF: Well, I am grateful for it, obviously, but it very much falls into the category of too little, too late. …" 50. Mr Humphrys concluded the Today Item by quoting a statement that had been made by the DPP, as follows: "JH: Well, Mr de Freitas now wants a full inquest into Eleanor's death. In a statement, the Director of Public Prosecutions, Alison Saunders, we did ask her for an interview but she didn't want to do it, but she has told us "I am very saddened by the tragic death of Eleanor de Freitas. I have asked the team which dealt with his case for the full explanation which addresses all of the de Freitas family's concerns. I appreciate the family's unease, which is why I am looking into this case personally in order to satisfy myself of the detail surrounding all the stages of this case. I would welcome the opportunity then to meet with Eleanor's family to discuss the case and the law surrounding it. Prosecuting cases of perverting the course of justice in connection with an alleged false rape allegation is rare, extremely difficult and always complex and sensitive. This case was one of the most difficult I have seen. To say any more at this stage would be inappropriate until I can answer the de Freitas family's concerns fully and directly." 51. The third publication complained of is a BBC TV broadcast made later on 7 November 2014 including an interview with Mr de Freitas. This ("The BBC TV Interview") contained the following exchanges. Again, it is the answers of which Mr Economou complains: "Interviewer: In 2013, she made a complaint of rape to the police. What happened at that point? DdF: It was relating to a matter that had happened just before Christmas, the previous year. And I think she had battled with herself as to whether she should report it or whether she shouldn't, and sadly that wastage of time worked against her. But she felt both high and low, I mean she suffers from bi-polar order, a mixed state, so she feels both high and low states very frequently and she felt I think relieved at reporting it but also very low and very concerned about having to do so in the first place. www.bailii.org/ew/cases/EWHC/QB/2016/1853.htm 12/58