From Law NOW! the professional magazine of the British Law Institute
Case Update
Dracula & The Equalities Commission vs Van Helsing
High Court, London
The Hon Mr Justice Stoker presiding
Background
Mr Draculas case alledged a sustained campaign of harassment against Mr Van Helsing. Mr Dracula was an immigrant from Romania living in Whitby, North Yorkshire, who suffered from an uncurable blood condition called Porphyria. This required regular transfusions of blood, and caused his skin to become exceptionally sensitive to sunlight Consequently Mr Dracula worked night shifts, sleeping in during the day.
Mr Draculas allegation was that he was the victim of a 'hate crime' by Mr Van Helsing, consisting of numerous incidents of verbal abuse, threats, criminal damage and causing a disruption at Mr Draculas residence. Mr Dracual had approached his landlord, Whitby Housing Association for assistance, but they were unable to help because Mr Van Helsing lived in private rented accomodation. North Yorkshire Police were approached, but apart from issuing a verbal warning to Van Helsing took no action.
Consequently, Mr Dracula approached the Equalities Commission who decided to support him in the civil action against Van Helsing, as a 'test case'. Their core deposition consisted of allegations that:
- Mr Van Helsing was discriminating against Mr Dracula on grounds of his disability
- Mr Van Helsing was discriminating against Mr Dracula on grounds of his ethnic origin
Defence
Mr Van Helsing submitted a number of counter accusations as his defence;
- That Mr Dracula was an illegal immigrant and not eligible for residence in the UK
- That Mr Dracula was engaged in the grooming and procurement of young girls for purposes unspecified.
- That Mr Dracula maintained a large dog of a banned breed in contravention of the Dangerous Dogs Act of 1991
Judgement
Mr Justice Stoker found in favour of Mr Dracula and the Equalities Commission. Summary of judgement was as follows:
Justice Stoker found that Mr Van Helsing was motivated by prejudice towards Mr Draculas disability.
Justice Stoker found no merit in the claim that Mr Van Helsing was motivated by prejudice toward Mr Draculas status as an immigrant, on the grounds that Mr van Helsing was himself Dutch.
Justice Stoker found that, even if Mr Van Helsing had compelling evidence of criminal activity by Mr Dracual, he was required to bring this to the attention of the relevant authorities and not take matters into his own hands.
Consequently, Justice Stoker imposed an award of costs, plus restitution in the sum of £10,000 to Mr Dracula. He also imposed an Anti Social Behaviour Order on Mr Van Helsing preventing him from approaching Mr Dracula or going within 100 yards of his home, and ordered him to turn over ay evidence aganst Mr Dracula to North Yorkshire Police for them to consider further.
Follow-Up
Mr Van Helsing subsequently fled to Holland, where the Equalities Commission are pursuing him through the Dutch Courts for the outstanding award of costs.
North Yorkshire Police and the Crown Prosecution Service decided there was sufficient evidence to arrest and prosecute Mr Dracula, and eleven days after Justice Stoker delivered his findings arrested Mr Dracula in a dawn raid on his home.
Mr Draculas death in custody while being transported back to Whitby Police Station for questioning remains unexplained, and subject to an investigation by the Police Complaints Commission.
Todays (left-field) entry in this weeks series of Creepy Tales for Halloween.
| Views: 35
Email This to a Friend 
