A MAN accused of the murder of PC Andrew Harper had the case against him dropped after investigators established he had an 'electronic alibi'.
On the evening of August 15 last year, while responding to the theft of a quad bike in Stanford Dingley, Berkshire, PC Harper's ankles became tangled in a tow rope attached to a car and he was dragged for more than a mile along country lanes.
Jed Foster was arrested and charged with the murder of the police officer in August.
But prosecutors at the Old Bailey in September said there was no longer a realistic prospect of conviction and moved to terminate the case against Mr Foster.
A court order was initially made banning any reporting of the reason that the case against Mr Foster was dropped, but it has since been lifted.
Prosecutor Jonathan Polnay told the court in September that Mr Foster, who was 20 at the time, had been arrested near where the car used to drag Pc Harper was found.
He said that "highly incriminating" texts from Mr Foster's phone had talked about being in a car with helicopters overhead, but when quizzed by police he said he was trying to "wind his sister up".
Mr Polnay added: "The defendant [Mr Foster] was arrested in vicinity of the car used to drag Pc Harper.
"His telephone was seized, he declined to provide the pin code, police managed to gain access to his telephone and discovered that messages were highly incriminating."
Mr Polnay said that Mr Foster had been charged by the Crown Prosecution Service (CPS) before a full file of evidence was available under the "threshold test" that there had been "reasonable grounds" to suspect the person has committed the offence.
But following further investigation, it was discovered that Mr Foster's phone had not been at the scene of the theft or the area where Pc Harper was killed, he said.
Mr Polnay added: "The telephone was not at the scene of the theft and the area where Pc Harper was killed."
"There was an electronic alibi from the phone being used elsewhere."
Mr Jonathan Polnay said: "The decision to charge Jed Foster was taken on the threshold test, the threshold test is applied when a full file of evidence is not available but one may have reasonable grounds to suspect the person has committed the offence.
"A full file of evidence has been received from from the police and fully reviewed.
"The CPS has concluded that the full code test is not met and there is not a realistic prospect of conviction.
"Proceedings against Mr Foster cannot and should not be continued."
Mr Polnay said that the prosecution was serving a discontinuance order in connection with Foster.
Justice Whipple said: "The prosecution have served a notice of discontinuance of their case against you.
"That means that you are no longer to be detained in custody."
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