A pair Christian hotel keepers - wrongly accused of racially abusing a Muslim guest - are to sue police for damages after their business went bust.
Ben and Sharon Vogelenzang, owners of the Bounty House Hotel in Aintree, Liverpool, have been running their thriving B & B business since 2006.
But in April 2009 a Muslim guest, Ericka Tazi, accused the couple of insulting her religious beliefs after she left her bedroom wearing a traditional Muslim Hajib.
Mrs Tazi claimed the couple referred to her Islamic dress as "a form of bondage", and falsely alleged that Mr Vogelenzang called the prophet Mohammed "a warlord".
Merseyside Police launched an investigation and charged the couple for a religiously aggravated public order offence. The hotel immediately lost its vital contract with a nearby hospital, leaving its owners struggling to stay afloat.
But after a two-day trial at Liverpool Magistrates Court, the charges were thrown out by District Judge Richard Clancy, who said Mrs Tazi's account could not be relied upon and questioned her commitment to Islam.
The case was hailed as a victory for free speech, and Merseyside Police received widespread criticism for their heavy-handed approach against the two law-abiding hoteliers.
But the couple, who have five adopted children, have been forced to put the hotel up for sale by auction in a bid to stave-off their bank and other creditors.
If the business and the building fail to sell for a price that will settle their debts the pair could face personal bankruptcy.
Now the pair plan to sue Merseyside Police wrongful prosecution and launch a civil action the Crown Prosecution Service for loss of earnings, estimated at around #100,000.
Hotel owner Ben, 53, said: "We have been forced to take legal action against the police and CPS, we've been left with no other option. When these false and damaging allegations were made, our business fell apart.
"The hotel was running very well, and we had a deal in place with a hospital nearby to provide accommodation for patients on a month long treatment programme.
"We worked very hard to provide bedrooms and meals for the patients to a very high standard, and the hospital was always very pleased with our service.
"But as soon as this unfounded slur was concocted the hospital stopped using the hotel and a lot of our other trade suffered badly because of the knock-on effects.
"We were absolutely delighted to put it all behind us when we were cleared, it was very stressful.
"But the case took eight months to come to court and by that time it was too late. We were cleared but the damage had been done.
"We have tried our best to save it but the bank will not give us any more leeway.
"Due entirely to the court case we are now unable to pay our bills and we have been forced to bring in an auctioneer to sell the hotel.
"It seems terribly unfair that the woman who made these ridiculous allegations can walk away without any penalty at all, but our livelihood has been totally destroyed.
"I am also very bitter about the way this was handled by Merseyside Police.
"One particular officer got the bit between her teeth on the allegations and she was like a dog with a bone. There was no real evidence against us but she would not let it drop."
The Vogelenzang's have now contacted the Christian Institute for legal support in challenging the authorities, and lawyers are confident that police have a case to answer.
Ben and Sharon Vogelenzang estimate their losses at #96,000, as a direct result of the investigation and prosecution.
The couple claim that managers at the Liverpool "Walton Centre" specialist hospital said they planned to continue using the hotel, pending their own investigation of the allegations.
But then they claims that investigating officer, Detective Constable Tracy O'Hara, told hospital chiefs to leave the investigation to police and therefore took their trade elsewhere.
Legal experts have requested detailed information about the investigation from the police and CPS, under the Freedom of Information Act, and plan to file a claim in the courts imminently.
Sharon said: "Hosting the hospital guests used to bring-in around #8000 every month,
"But we have not had a single patient staying here since the allegations were made against us.
"We are only a nine-bedroom hotel, and we used to get eight guests from the hospital at a time, for a period of four weeks.
"We worked very hard to provide everything they needed, and the hospital frequently told us how much patients had enjoyed their stay with us.
"It was quite wrong for the police to contact the hospital to tell them not to use us. People are supposed to be innocent until proven guilty in this country.
"We should have been able to carry on our business as usual, until the case was heard by a judge in court. Of course we were found innocent very quickly, but we are still being punished even now for a crime which we didn't commit."
Until April 2009, the hotel boasted an 85 per cent occupancy level and employed seven full time staff.
Immediately after the allegations were made public, the nearby Walton Centre neurology unit stopped using the Bounty House, and occupancy dropped to just 12per cent.
As a result, the owners were forced to make four staff redundant, and they have not taken a salary themselves for more than six months.
The trial judge took just moments to reach a verdict after a two-day hearing, throwing- out the charges against the couple.
Speaking at the court hearing, District Judge Richard Clancy said: "You have raised the question of free speech.
"The European Union gives all of us a right to religious freedom, and people have gone to some length to preserve that integrity."
At the time of the verdict a spokesman for the Crown Prosecution Service said: "We would still pursue a similar case in the future, as we believe it is in the public interest."
Following the acquittal Merseyside Police also pledged to pursue similar cases in the future. A spokesman said: "We respect the decision of the court today.
"Hate crime is not just racism - people can be targeted because of their disability, race, religion or belief, sexual orientation and gender identity.
"All incidents of hate crime are investigated thoroughly by Merseyside Police and we will continue to work with our partners, particularly the CPS, to pursue such incidents through the courts."
Jeremias, Germany around 2 years, 1 month ago