03/02/2020 Economou v David De Freitas (Rev 1) [2016] EWHC 1853 (QB) (27 July 2016) [9] Lawyers for the CPS were told by the detective who investigated the rape allegation that there was no evidence that she had lied, they would not be investigating her for perverting the course of justice, and the crime had been recorded as rape… …. [11] Victim support and Justice for women have both written to the director of public prosecutions Alison Saunders expressing their concerns at the wider implications of the De Freitas case for rape complainants coming forward in future if alleged rapists are able to use the law to intimidate them. [12] In a statement, Saunders said she was concerned about the case and was investigating it personally. "I have asked the team which dealt with this case for a full explanation which addresses all of the De Freitas family's concerns. I appreciate the family's unease which is why I am looking at this personally in order to satisfy myself of the detail surrounding all the stages of the case" [13] She added that she would welcome the opportunity then to meet her family and said the circumstances regarding the case were "rare", extremely difficult and always complex and sensitive. This case was one of the most difficult I have seen." [14] De Freitas reported to police on 4th January 2013 that she had been allegedly drugged and raped by a male associate shortly before Christmas in 2012. The police investigated the case, interviewed De Freitas and arrested the alleged perpetrator. But the police eventually told De Freitas they could not proceed further as there was not a realistic chance of a successful conviction, partly due to the fact she had reported the alleged rape some time after the event and as such no forensic evidence had been collected to support her claims. The alleged perpetrator was told there would be no further action and the case was closed. [15] De Freitas's father said his daughter had accepted the police's decision and tried to get on with her life. But the man at the centre of the rape claim began a private prosecution against her saying she had lied about the rape. Some months later lawyers for the CPS announced they were taking over the case against De Freitas. Her trial for perverting the course of justice was due to open on 7 April. On 4 April she took her own life… … [17] Deborah Coles, co-director of the charity Inquest said:" This case raises serious issues of concern regarding the prosecution of rape complainants. In addition Eleanor had severe mental health issues which do not appear to have been taken into account by the Crown Prosecution Service. There must be robust scrutiny at the inquest to explore how these issues of public interest impacted on her life." 44. The paragraph numbering has been added by me, and I have put in bold the words complained of by Mr Economou. I shall take this approach with all the publications complained of. The words complained of in paragraphs [5] – [7] are verbatim quotation of the Press Statement. Mr de Freitas accepts responsibility for the publication of those words in the online and hard copy versions of the First Guardian Article. 45. Mr Economou, alerted by the news that the BBC would be covering the matter, searched online and found the First Guardian Article soon after its first appearance. At 19:24 on 6 November 2014 he emailed Ms McMahon to alert her, but she was abroad and it was the evening. Under what he saw as pressure of time he decided to contact Mr de Freitas direct. He did so by email. But because a previous email to Mr de Freitas had "bounced" he also had a copy delivered by hand. The email went at 22:03, with attachments. The hard copy, without attachments, was delivered some 2 hours later. The email was headed "Subject: URGENT – CPS EVIDENCE RE ELEANOR DE FREITAS". It detailed "the CPS evidence"; claimed that Mr Economou was "the victim of a very serious crime"; and threatened that "any press or statements that show the opposite of the facts or that name me will be taken very www.bailii.org/ew/cases/EWHC/QB/2016/1853.htm 10/58