A SENIOR judge has criticised police after an attempted murder trial collapsed because officers made an illegal search of a solicitor’s home.

The five defendants accused of plotting to blast a man in the back with a shotgun walked free from Newcastle Crown Court yesterday after the case against them was thrown out.

Deputy High Court Judge Sir Geoffrey Grigson branded the conduct of police officers in the case as “cavalier” and said it had “seriously undermined the rule of law”. The court heard that police examined confidential legal files during a search at the home of the solicitor representing some of the accused.

They also eavesdropped on a conversation between criminal defence solicitor Paul Donoghue and a suspect.

Officers raided Mr Donoghue’s home in Shotley Bridge, County Durham, at 8am on July 1, last year.

The 36-year-old was arrested as his wife, Fiona, a Crown Prosecution Service solicitor, was getting up to make breakfast for their three-year-old son and 18-month-old daughter.

The court heard detectives searched legal files stored in the house for documents relating to the shooting in Consett, County Durham, six months earlier.

Judge Grigson said: “This was a quite deliberate breach of legal professional privilege of the defendants. The conduct I have described seriously undermined the rule of law and justifies a stay on the grounds of abuse of process.”

The inquiry was launched after 30-year-old Joe Clarke was shot in the back outside his home in Fairways, shortly before Christmas 2007. Four men and a woman were arrested and charged with plotting to kill Mr Clarke and carrying out the shooting.

But in court this week, police were criticised for listening in to a conversation between Mr Donoghue and one of his clients, using monitoring equipment installed in an interview room in Consett police station.

Officers said they heard Mr Donoghue tell Paul Railton that he should have got rid of mobile phones that showed a conversation took place between them on the evening of the shooting.

Mr Donoghue, who practised law in Consett with CKM Solicitors, was charged with perverting the course of justice, but the case against him was discontinued at a fourday hearing at Leeds Crown Court on June 4.

Simon Cairns, 20, of South View Gardens, Annfield Plain, near Stanley, was charged with attempted murder and has been in custody since his first court appearance, in May.

Paul Railton, 23, of Leeholme Court, Annfield Plain, Neil Spoor, 39, of Ernest Terrace, Stanley, Abbie Whitehead, 23, of Pemberton Avenue, The Grove, Consett, and Gary Railton, 42, of School Terrace, South Moor, faced charges of conspiracy to murder and conspiracy to cause grievous bodily harm with intent.

Mr Spoor was also charged with attempting to pervert the course of justice.

All five were due to stand trial in Newcastle but, after four days of legal argument, the judge dismissed the case and all five walked free.

Judge Grigson said: “I am unable to accept the submission that the misconduct falls into a lesser stage of seriousness which would allow me to sanction the continuation of a trial.

“The consequence is that the proceedings against these defendants must be stayed.”

The defendants spoke of their relief outside the court after being told they were free to leave with no further action and that the Crown Prosecution Service would not appeal against the judge’s ruling.

Ms Whitehead said: “My life has been hell for the past year.

It has been like mental torture and I am glad it is all over.”

Gary Railton said he believed action should be taken against officers in the case.

He said: “The police have done wrong and they should at least lose their jobs.”

Angus Westgarth, who represents Mr Donoghue, said his client had been unable to work for almost a year since his arrest.

Mr Westgarth said: “Mr Donoghue had not committed any offence and he had been arrested as a direct result of police misbehaviour.

“Through our extensive inquiries, we uncovered information which led us to believe that the police had departed from rules of guidance which had been in existence for over 11 years which they ought to have known about.”

A spokesman for Durham Police said the hearing had been long and complex.

He said: “The judge has made his decision and we will be studying his full judgement before making any comment.”