Prosecutors admit they should have hit a Wigan stalker who bugged a doctor's car with a tougher charge

They have apologised to Dr Marie Gerval that the predator who put a tracking device on her car should have faced a more serious charge with a greater chance of jail – but there is nothing now they can do about it.

Orrell 59-year-old Kelvin James was given a 12-month community order, the courts being unable to punish him more severely.

​Meanwhile, Greater Manchester Police have dropped counter-allegations of stalking made by James against Dr Gerval after an investigation which, she says, not only dragged on for months but should never have happened in the first place.

And issues raised by the doctor are now being championed by West Lancs MP Ashley Dalton who has passed them to crime and policing minister Chris Philp for review.

Last year Bolton magistrates heard that, months after a few dates, handyman James began repeatedly texting Dr Gerval. Over several weeks she attended social events only to receive messages from him asking what she was doing, where she was and who she was with.

In November 2021 she was stopped and breathalysed by police following a pub visit. After testing negative, she was informed officers had received an anonymous tip-off that she and a friend had been rowdy in a Parbold pub. This was untrue and it was later confirmed by police that James made the call.

On another occasion he followed Dr Gerval to the Britannia pub in Up Holland and watched her leave with a male friend. The next day James insisted on meeting Dr Gerval and told her he had driven past another venue she had visited two days earlier. Suspicions aroused, she had the car examined and a tracker was discovered. Dr Gerval obtained a non-molestation order immediately

James was arrested for stalking in March 2022 but at first police intended just to give him a warning, only later charging him after pressure from Dr Gerval when she visited an inspector and hired a solicitor.

The court heard James admitted to police about secretly placing the tracker and monitoring her movements with a mobile app. Meanwhile the doctor’s health was suffering badly from the impact. She lost most of her hair through stress-related alopecia, was diagnosed with post-traumatic stress disorder and has only just returned to work from sick leave.

Things weren’t helped when she was arrested and put in a cell when James – who in the 1980s served time for the brutal armed robbery of Wigan Parish Church’s elderly verger and his wife and was also jailed for harassing his ex-wife - made a counter-allegation of stalking. Only months later did police drop the case because of his “bad character”.

James was eventually charged under the relatively lenient Section 2a of the Protection from Harassment Act. The CPS now admits that had they sought an update on Dr Gerval’s health, he would have been charged instead under section 4a for those where stalking causes “serious distress” and carries the greater likelihood of a prison sentence. But he couldn’t be tried twice.

In a letter to Dr Gerval following an appeal, Katie Nicolson, Deputy Chief Crown Prosecutor at CPS North West, wrote: “I read with concern that we did not ask the police to obtain a further statement from you at the time the charging decision was made, which then resulted in unnecessary delays at court. I have also concluded that on receipt of your second statement, the CPS should have authorised a charge of s4A stalking. Both omissions fall well below the standards of excellence I expect from my team. I am even more sorry to say that I am not now able to put things right.”

Dr Gerval said: “I feel very strongly that such a blatant miscarriage of justice must never be repeated. Victims of this particular crime across the board are constantly being treated shabbily by the criminal justice system.I share my story to highlight that more needs to be done in how stalking cases are handled from the beginning.

"My reaction to that letter is bitter-sweet. It vindicates me, saying I was right all along but, justice has not been done and there is a stalker still out there who poses a risk to other women because of that. Re my arrest, it should never have happened. This man has a criminal past and had admitted stalking me. It is a classic stalker practice to make spurious counter-allegations against their victims and this should have been recognised when considering his claims.

"It then took far too long for the police to decide that no further action would be taken. This all added to my distress and ill health.”

Dr Gerval said she was heartened that MP Ms Dalton had taken up her case, but said “only time will tell” whether that will affect investigations at a local level in future. In the meantime she is still waiting for the outcome of complaints she has lodged against both Lancashire and Greater Manchester Police – the former regarding the investigation of James, the latter regarding her own arrest.

She is also seeking an update from the Lancashire police on further crimes committed against her at the same time as James’s stalking, including thefts from her home, damage to a hedge and the theft of her mobile phone.

After his conviction James posted a picture of himself on Facebook, with his electronic ankle tag on display.

One of the people who “liked” it was a serving Lancashire police officer.

Dr Gerval said: “I am not delicate, overly sensitive or hysterical: words often used unfairly against women. I have a personality and resilience that allows me to keep pushing against closed doors.”