'Insufficient evidence' in Moss drug allegations

Model Kate Moss is not to face drugs charges over allegations that she took cocaine.

The Crown Prosecution Service (CPS) has said that the pictures of Ms Moss allegedly taking drugs at a London studio, which appeared in a newspaper, represent "insufficient evidence" to prosecute.

The CPS said that following a "detailed and thorough review of all the available evidence," it had decided there was insufficient evidence to provide a realistic prospect of conviction against the model Kate Moss over allegations involving drugs."

In a statement the CPS said that the Metropolitan Police conducted "all reasonable enquiries into the circumstances" surrounding the events which occurred on the night of 5-6 September 2005 at a recording studio in Chiswick High Road, London.

CPS London's Director of Serious Casework, Rene Barclay, said: "The police consulted the CPS at an early stage in the investigation. This was necessarily a protracted investigation in view of the need to obtain crucial evidence through a court order, the absence of Ms Moss from the UK for some months and the need to complete all reasonable lines of enquiry.

"The film footage provides an absolutely clear indication that Ms Moss was using controlled drugs and providing them to others. However, in the absence of any forensic evidence, or direct eye witness evidence about the substance in question, its precise nature could not be established."

"Ms Moss declined to provide any explanation when interviewed, and the direct eye witnesses also declined to provide evidence.

"Expert analysis of the footage, however, narrowed the possibilities down to three particular drugs - cocaine, ecstasy or amphetamine. But these three substances fall into two different legal categories of controlled drugs.

"To obtain a conviction, case law establishes that the prosecution must prove beyond reasonable doubt, the legal category to which the substance being used belonged. Proving that it was a substance belonging either to one or other of two different legal categories is not sufficient."

"Accordingly, as the available evidence fell short of establishing the necessary crucial facts, we decided that there was no realistic prospect of conviction and that a prosecution could not therefore be started."

Following the publication of the pictures, Ms Moss issued an apology, saying that she took "full responsibility" for her actions and said that she was "talking the difficult, yet necessary, steps to resolve" what she said were "various personal issues."

(SP/GB)