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Courts in disarray over witness ruling

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Published Date: 25 June 2008
COURT witnesses are to face fresh legal protection after a £6 million trial was stopped yesterday because of a "catastrophic" legal ruling.
Officials in Westminster were trying to clear space in the parliamentary timetable so legislation could be pushed through before the summer recess.

The Old Bailey murder trial was halted following last week's Law Lords decision that defendants hav
e a right to know who is giving evidence against them.

The two-month case of Douglas Johnson, 27, and David Austin, 41, for the murder of east London businessman Charles Butler, 50, was the first casualty of the ruling.

Four witnesses had given evidence anonymously, but the House of Lords decision to allow an appeal in another murder trial means it is now illegal.

Dozens of cases in England are being reviewed before they go to trial. And cases where defendants were convicted after witnesses gave evidence from behind screens are likely to be appealed.

Police headed the call for emergency legislation.

Former Surrey chief constable Bob Quick, now head of Scotland Yard's counter-terrorism command, said: "This needs resolving. The implications for the fight against organised crime and terrorism are serious. It's catastrophic."

A Scottish Government spokesman last night said officials would examine whether there was a need to introduce legislation north of the Border.





The full article contains 222 words and appears in The Scotsman newspaper.
Page 1 of 1

  • Last Updated: 24 June 2008 9:57 PM
  • Source: The Scotsman
  • Location: Edinburgh
 
1

Guga II,

Rockall 25/06/2008 06:51:34
I think this is fair enough. Using anonymous and hidden witnesses is leaving the judicial process open to abuse. Given things like non-disclosure of evidence to the defence, it is not as if we can actually trust the prosecution to be fair, open and honest.

2

Anthony,

Glasgow 25/06/2008 14:18:19
(1) Definitely agree with you. It was a really stupid thing for the government to allow reliance on anonymous witnesses. It simply is not possible to have a fair trial where the accused isn't allowed to know who their accusor is. The person giving evidence could be someone who has sworn to make the accused's life as miserable as possible. Or someone whose evidence could be instantly discredited by the accused if they knew their identify. This is a nasty government with vicious anti-liberty tendencies. None of this appeared in any manifesto.
3

,

25/06/2008 16:01:57
Comment Removed By Administrator
Reason:
4

an interested party,

26/06/2008 09:41:34
we have evidence against you that we wont share and we
wont tell you the source, nor can you cross examine or
challenge this evidence or question its validity

believe us as we are the LAW and we make no mistakes

of course there is the issue of protection of witnesses
something that has always been lacking in Britain but that is another issue from ensuring a fair trial

scenario
you sir / madam where speeding
but we wont show you any evidence as the poilisman wishes to remain anonymous

cant see that standing up in court so why should that technique be used for more serious crimes



5

Davex,

26/06/2008 10:45:14
The alternative is a witness protection scheme where you have to change your identity and that of your family lose your job and all your friends and move to a different location. Probably a bigger sentance than the accused will get. Criminals use intimidation to stop witnesses coming forward. There was a news item yesterday of a case of arson where a grandmouther burnt to death possibly because a member of the family had given evidence. The choice is between absolute rights of the accused and the need to ensure that the legal system cannot be abused by violence.

 

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