It can now be reported that Ms Kerr’s legal team attempted to get the case thrown out at a preliminary hearing, arguing there had been an abuse of process by crown prosecutors.
Ms Kerr’s lawyer Grace Forbes said the Crown Prosecution Service (CPS) had violated its own guidance, adding that a “loophole” in the victims’ right of review scheme was used to justify prosecution proceedings a year after the alleged offence.
During the trial, it was put to PC Lovell that he only provided a statement alleging that Ms Kerr’s comments had caused “alarm or harassment” after that decision.
In his first statement to the CPS, the officer made no mention of the “stupid and white” comment having an impact on him, the jury was told.
A second statement from PC Lovell was provided in December 2023, mentioning the alleged impact.
He read a section of the statement to the court, which said the comments made him “shocked, upset, and (left) me feeling humiliated”.
The charge was authorised later in December 2023, almost a year after the incident.
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