LORD JUSTICE SCHIEMANN: Before me Dr Adoko applies for permission to
appeal in relation to a decision of the Divisional Court.
The underlying application, which he has, is an application for permission to
move for judicial review against the West Midlands Police.
His complaint is that there is reason to suppose that a particular doctor,
whom I need not name, has been guilty of murder of two patients by
effectively refusing them treatment at a time when they were of advanced years.
It ties in with the euthanasia debate. The evidence that Dr Adoko has for this is,
at any event so far as appears from the papers, merely two
internet articles which apparently were posted on an internet site by the doctor
in question. That evidence was passed to the police and they
replied perfectly sensibly on 25 April 2002: "Thank you for your papers.
I have forwarded them to the CPS to seek their guidance and will contact you in
due course."
By the time of the hearing of the Divisional Court on 10 October 2002
the police had still not replied. The last paragraph of the judgment of the
Divisional Court says: "The delay in replying to the applicant is a matter of regret,
and one would hope that the police will rectify that matter as soon as possible, that
will also hopefully identify what course the police intend to adopt..." .
Dr Adoko tells me that he has served the papers in this matter,
including the judgment, upon the police, and has asked them to give a reply but
they have not replied even as of today. In those circumstances he says that
the court has power to compel the performance of a duty; one of their duties
is to investigate a complaint; here is a complaint of a serious crime; it
is not merely rude of them not to reply, but the implication is that they
are not carrying out their investigation; and that is the only sensible way
of construing the matter. I am not satisfied that there is a good case to be made
here by Mr Adoko; but nor am I satisfied that the court is without power to compel the
police to give an answer to the filing of such a request.
In these circumstances I have adjourned this application to be heard by two judges.
It should not take more than three-quarters of an hour.
I have indicated to Mr Adoko that my present judgment should be sent to the
West Midlands Police so that they may consider whether or not to reply to him,
and that if they do reply and the reply is a sensible reply he may very well consider
that it is not sensible to come to this court; if he then persists in coming to this
court he may find himself the subject of a costs order. But that is all for
the future. At the moment it seems to me that justice requires that this
application be adjourned for a period not in excess of two months, and I
shall reserve it to myself.
Application adjourned; no order for costs