The family of a north London man who died during a family holiday have launched an appeal after prosecutors declined to file charges over his death.
Builder Michael McDonagh died from “compression of the neck” at Parkdean’s Camber Holiday Village in Sussex, an inquest in 2022 was told.
Crown Prosecution Service (CPS) papers seen by this newspaper say he was restrained by multiple staff members at the resort, at least one of whom was seen with their arm around his neck.
But all seven suspects arrested over Mr McDonagh’s death have been released from their police bail and marked for no further action after the CPS declined to charge any of them.
Mr McDonagh’s family said they would take their fight for justice all the way to the High Court if the CPS maintains its refusal to charge anybody.
They said they believed the refusal to was motivated in part by racism, as the family are part of the traveller community.
“Originally, we were told they were going to go for joint enterprise, so everybody would be held accountable,” said Mr McDonagh’s wife, Winnie.
“So to finally hear that not one person was getting charged – it was complete disbelief.”
Mr McDonagh, a 53-year-old father-of-six from Mill Hill, was allegedly wrestled to the ground and restrained after a row broke out in the resort’s bar.
The family have launched an appeal – known as a Victim’s Right to Review – over the CPS’s failure to bring charges, saying they believed there was sufficient evidence and prosecuting was in the public interest.
“This is a decision for a jury to come to,” said Winnie, who added that her daughters had tracked down witnesses with video footage.
“Numerous witnesses that they spoke to the following day were crying, telling my kids what they saw happened to their father,” she said.
“I feel that because we are from the travelling community, they just don’t value his life as being as important as someone else’s. But it is.”
The CPS did not respond to that assertion.
“We are not going to give up,” said daughter Stephanie, from Chigwell.
“Any option available to use to try and get justice for Dad, we are going to pursue it. I think the next step would be a judicial review. We believe it’s in the public interest to prosecute.”
Stephanie described her father as a “great” man.
“He was such a loving father – someone you would go to if you wanted advice,” she said. “Very approachable. Really kind. Really loyal and generous.
"He was also very hard-working. That’s something he really tried to instil in us all as well. Two of us are solicitors and my sister just qualified as a doctor.
“He loved life. He was always happy and smiling. He really did take advantage of everything that was put forward to him. That’s what makes it so sad. He still had so much to live for. He was a young man.”
Sussex Police expressed “sincere condolences”, adding that it worked with local and national Gypsy, Roma and Traveller liaison officers on the case.
“A thorough, comprehensive investigation was carried out into Michael’s death by the Surrey and Sussex Major Crime Team,” it said.
“The investigation was conducted without prejudice and with Michael and his family at the forefront. We categorically refute that any aspect of the investigation was racially motivated.
“Seven people were arrested and interviewed, more than 150 statements were taken from witnesses, and CCTV and mobile phone footage of the incident was painstakingly reviewed to gather all available evidence before a case was presented to the CPS for decision.”
The CPS said: “Our thoughts remain with Mr McDonagh’s family and friends following his tragic death.
“During our first review of the case, having considered all the available evidence, it was determined our legal test for prosecution was not met.
“A request under our Victim’s Right to Review has been received from Mr McDonagh’s family and this review is currently underway.
“Any future decision will of course be communicated to the family.”
A spokesperson for Parkdean’s Camber Sands holiday park said: “Our thoughts are with the McDonagh family at this difficult time. As there are ongoing legal proceedings, we are unable to comment further.”
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