Facts
- After her left his job, Van Colle left hid job and was pressured by his employer into not giving evidence about a crime he knew his employer had committed.
- The employer made death threats to Van Colle, which were reported to the police if Van Colle were to give evidence against him
- Van Colle was later shot dead and the employer convicted
Issue
- Could the estate of Van Colle recover for the police’s lack of action in protecting the witness
Decision
- Claim dismissed
Reasoning
- Due to the minor nature of the crime at stake and a lack of previous convictions of the emplyer, the police had no reason to act
- The police would only need to act if they feared a ‘real and immediate risk to life’
