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Last Updated: Friday, 5 December, 2003, 16:11 GMT
Judge overturns behaviour order
Broken window
Anti-social behaviour brought misery to part of the city
A High Court judge has overturned an anti-social behaviour order imposed on a teenager during a crackdown on street crime and drug dealing.

Magistrates in Leeds issued the order against Luke Kenny, 18, in September when 66 youths appeared in court after police raids in the city's Little London area.

But Mr Justice Crane ruled that the order banning Mr Kenny from the area must be thrown out because it amounted to "guilt by association on the flimsiest evidence".

Lawyers for Mr Kenny, who lives in Leeds, said the police would have "to think more carefully and not just lob names in" when anti-social behaviour orders (Asbos) were sought en masse in future.

Gun crime

The judge said the 66 orders were made after West Yorkshire Police became increasingly concerned during the summer at the problem of drug dealing and associated criminal behaviour in Little London.

He said: "A thriving street trade in drugs, in particular heroin and crack cocaine, had become established.".

The open dealing in drugs had brought large numbers of users into the area and crime statistics published later showed high levels of violent crime, including the use of guns.

As a result, more residents sought to move out and potential council tenants refused to move in.

The evidence connecting Kenny with the anti-social behaviour... was tenuous in the extreme
Mr Justice Crane
The police concluded that the problem would remain unless the drugs market was removed.

They began applying for Asbos to be made against individuals allegedly involved in drug dealing and their associates.

In September, Leeds City Council successfully applied to the courts for interim Asbos, without notice being given to the 66 targeted individuals.

Mr Justice Crane acknowledged that the orders were "a necessary weapon in the judicial armour" where urgent action was required to protect the public.

But he added: "The evidence connecting Kenny with the anti-social behaviour giving rise to the applications was tenuous in the extreme."

Council to act

He said Ian Wise, who had appeared for Mr Kenny, was justified in describing it as "guilt by association on the flimsiest of evidence".

It did not connect him, directly or indirectly, with the problem of drug dealing and associated criminal behaviour in the Little London area.

The city council said it based its Asbo applications on police intelligence reports and witness statements from police officers.

A spokesman said council staff would work more closely with the police to ensure adequate evidence was presented in future.




SEE ALSO:
Crime purge 'paying off'
22 Oct 03  |  West Yorkshire
Government backs drug crackdown
09 Sep 03  |  West Yorkshire


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