Sycamore Gap vandals ‘quizzed over homophobic attack'
The victim said he had reported the incident to police the same night, giving officers a description of the vehicle and his recollection of the registration number.
He was, however, unable to give a positive identification of the men involved.
Cumbria Police said checks had been carried out using the registration number provided by the victim, but the car had not been in Cumbria that night.
The force said that it had been a 'complex investigation and all evidential opportunities were explored.'
When police investigated the case they found video footage on a phone belonging to one of the suspects, which – according to the victim – showed '10 or 12' similar attacks on gay men at the same lay-by in Cumbria.
In April last year the alleged victim was shown the videos, which showed homophobic abuse being shouted and in some cases objects being hurled.
In December 2024 a case was presented to the Crown Prosecution Service relating to three victims across six offences.
But the CPS decided against bringing charges owing to insufficient evidence, difficulties identifying the perpetrators and too much time having elapsed since one of the incidents.
The victim decided to challenge the CPS decision, which meant he had to be told the suspects' names.
In emails to the victim, detectives describe the CPS decision as 'disappointing' and name Daniel Graham and Adam Carruthers as the suspects.
Despite his appeal, the initial ruling not to charge the men was upheld.
The CPS said it encouraged victims of hate crime to report incidents to the police and that it would prosecute whenever its legal tests were met.
Two hate crimes
Cumbria Police confirmed two men were arrested on suspicion of 'two assaults motivated by hate.'
A spokesperson said: 'Enquiries were carried out including vehicle checks against a registration number provided by the victim, however this established the vehicle related to the registration number provided had not been in Cumbria.
'Following further enquiries two men aged 39 and 32, were later arrested in connection with the incidents.
'Cumbria Police thoroughly investigated each allegation of homophobic abuse reported.
'This was a complex investigation and followed multiple lines of enquiry to gather evidence and establish the circumstances of the reports.
'Following all evidential opportunities being explored and enquiries conducted, a comprehensive case including four other crimes, was prepared and presented to the Crown Prosecution Service (CPS) for a charging decision in December 2024.
'The CPS found insufficient evidence to proceed to prosecution.'
Graham, from Grinsdale Bridge, and Carruthers, of Wigton, both Cumbria, are on remand awaiting sentence for criminal damage to the Sycamore Gap tree and Hadrian's Wall on July 15.
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