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A CHELMSLEY Wood man who tried to take West Midlands Police to court after they evicted him from his crack den home has lost his appeal.

Police had seen an average of 50 drug addicts visiting Dean Leary’s flat in a tower block in Forth Drive, Chelmsley Wood, every day and had received scores of complaints from residents who had been intimidated or abused by his visitors.

Police had seen an average of 50 drug addicts visiting Dean Leary’s flat in a tower block in Forth Drive, Chelmsley Wood, every day and had received scores of complaints from residents who had been intimidated or abused by his visitors.

In March 2010, officers raided the property, sawing through a locked metal cage gate to get access, and found rooms scattered with crack pipes, burnt foil, scales and syringes.

Two men, aged 33 and 35, as well as a 33-year-old woman, were arrested during the raid but all were later released without charge.

A district judge gave a closure order in June 2010 due to “overwhelming evidence” it had been used to deal Class A drugs, later confirmed by Birmingham Crown Court.

But Leary decided to fight the order and took Chief Constable Chris Sims to the High Court, claiming his human rights had been violated. His counsel Ramby de Mello argued the move had been “disproportionate” and other measures, such as banning visitors to the flat, should have been considered before putting Leary out on the street.

But this was dismissed by Mr Justice Blair who accepted police arguments that the use of the third-floor flat as a crack house caused other residents a “high level of upset, nuisance and fear”.

Speaking after the result, a police spokesman said: “The closure order was a completely proportionate and justified response to the problem, with police receiving in excess of 50 individual complaints from residents. Thankfully, as a result of the action we have taken, residents do not have to tolerate this behaviour anymore.

“They have their lives back and are no longer intimidated in their own homes.”

 

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