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Ministers are determined to rush through emergency laws to halt the collapse of criminal cases throughout England and Wales after senior judges ruled that granting witnesses anonymity could make trials unfair.
Jack Straw, the Justice Secretary, was in talks with officials last night after the halting of a trial at the Old Bailey and with an estimated 40 other murder cases at risk.
One legal source estimates that 550-600 applications have been or are being made by witnesses for anonymity in pending criminal trials. Lawyers are also set to prepare appeals in a number of cases where evidence depended on anonymous witnesses.
Last week five law lords quashed a double conviction in the case of Iain Davis, jailed for murdering two men at a New Year’s Eve party in Hackney. They said that the anonymity granted to the witnesses made the case unfair and breached the fundamental principle that an accused person had the right to know his accuser.
Mr Straw was seeking all-party backing for legislation to be rushed through both houses of Parliament before the summer recess on July 22. A Ministry of Justice source said: “He is extremely concerned about this issue. It is a matter of public confidence in the criminal justice system.”
The announcement of legislation to allow the use of anonymous witnesses could be made as soon as Prime Minister’s Questions today or in a statement to the House tomorrow.
Yesterday the Crown Prosecution Service said that it was asking prosecutors to seek an adjournment on cases using anonymous witnesses. A spokesman added: “We are still determining the precise number of live cases affected as a matter of priority.”
Yesterday the first casualty of the law lords’ ruling was a £6 million murder trial of two men accused of shooting an East London businessman, Charles Butler. The CPS said that there would be a retrial next year. Judge David Paget discharged the jury at the Old Bailey after two months of hearing evidence and near the end of the prosecution case, the culmination of a four-year inquiry into the shooting and alleged police corruption. He told an astonished jury that the case had been derailed by the law lords decision, saying: “You have heard evidence from a number of witnesses that you should not have heard.”
Four witnesses had given evidence under false names and from behind screens.
A leading defence counsel in the case, Leonard Smith, QC, said: “My understanding is that there are as many as 550-600 applications for witness anonymity across England and Wales, which is staggering. I always believed that these applications were only made in the most serious of cases. But it seems that the police have gone totally overboard in using these provisions and it’s something that will now have to be looked at very carefully. It is for Parliament, and not the courts, to obfuscate the common law.”
As well as cases being put on hold, the law lords’ ruling has opened the way to appeals, at potentially huge cost to the taxpayer.
Lawyers for two of the four men found guilty of murdering Birming-ham teenagers Charlene Ellis and Letisha Shakespeare said that they planned to appeal.
A host of other high-profile convictions in which the jury heard evidence from anonymous witnesses could now also face challenges. They include the murders of Michael Dosunmu, Magda Pniewska, Toni-Ann Byfield and Zainab Kalokoh.
Among the cases thought to be affected are some of the most high-profile gang-linked murders of recent years. But not only gangland-related cases are affected. More than 42 police officers have applied for anonymity in the forthcoming inquest into the death of Jean Charles de Menezes.
Yesterday, addressing police officers at their conference in Liverpool, Jacqui Smith, the Home Secretary, said that she shared the frustration of the police. She said that an emergency Bill to rescue the use of anonymous witnesses was “something we are looking at very urgently including, if necessary, whether we can change the law. I certainly accept, and I said some time ago, that there is a problem here that we need to solve.”
Ms Smith added: “What I am concerned about, and judges are concerned about, is that we have a system where defendants’ rights are protected but the rights of people to be able to take part in a trial are also protected.”
Giving witnesses anonymity through the use of screens, false names and voice-altering equipment has been a key weapon in convicting dangerous villains and has proved especially successful in cases of gangland violence, organised crime and terrorism.
Assistant Commissioner Bob Quick, head of New Scotland Yard’s Counter-Terrorism Command, said: “The implications for the fight against organised crime and terrorism are very serious.”
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Back in the sixties Nipper of the yard realised that the only way to get witnesses to give evidence was to have the Krays behind bars first. The witnesses are often the only way of securing a conviction and must be protected at all costs. Our judges dont live in the real world.
kenny, hove,
The Courts of this land have become blinded by the Parliament propaganda machine. Witnesses must be able to give their evidence and have it tested, otherwise the innocent will be sent to jail and the guilty will walk our streets to commit further crime. Have we all short memories. Guildford 4. etc.
Mark, Gateshead, uk
This Government has yet again been incompetent. They should have foreseen this problem months if not years ago, but of course they didnt and now we have a last minute panic to TRY and plug the hole. How to make a Country unliveable in ?. Vote a Labour Government into power.
Steve, London, UK
Are there questions that cannot be put to, or allowed to go unanswered by anonymous witnesses. That the defence for example cannot know if the witness has a criminal record, or in how many other cases they have given evidence. Whether there was any pecuniary or promissory reward involved?
Douglas Miller, Fulham,
"It is for Parliament, and not the courts, to obfuscate the common law.
- Leonard Smith, QC.
Brilliant!
(Look up "obfuscate" if you don't get it.)
Simon, Brentwood, UK
The state (government, CPS, police, etc,) should never have cut corners in the first place. They, not the law-upholding judges, are entirely to blame for this fiasco.
Remember: some defendants ARE innocent! That's why we have trials instead of going straight from charge to automatic conviction.
Simon, Brentwood, UK
So you can be jailed on the say-so of a Council Beaurecrat for having too much rubbish in your bin but if you're a convicted terrorist or a suspected murderer then hey, feel free to do whatever you like.
Who's side are these judges on?
Bry Barnes, Somerset, Uk
Of course witness anonymity is only required because people cannot rely upon the state to protect them. Anonymous witnesses make it impossible to challenge malicious allegations, in effect making the decision to prosecute someone the decision to convict, but the state is not infallible.
John Scott, London,
While protecting the rights of the individual are important protecting the society has to be the first priority. If gangsters are able to identifiy their accusers who on earth would be willing to give evidence against them. Surely it is the evidence which should be the criteria to judge by
stanley , Haifa,
The right to know the evidence against you and challenge witnesses in court is the most basic right to a fair trial. If you don't know who the witness is, it may be impossible to challenge their version of events, their motives, what they could have seen. That leads to injustice. A balance is needed
John, London,
Locked up for 42 days without charge, accused by unknown so-called witnesses, unable to question their version of events, jailed for years on what may be untruthful evidence or collusion. Dependent upon the honesty of the police and state? What are we doing?
Danny, Manchester,
As usual the media have got it wrong and blown it all out of proportion. In English law a man is innocent until proven guilty and is entitled to face his accusers. Will we have no rights soon. Remember not everyone who appears in court is guilty
neil, almere, holland
The law lords are not protecting the accused or the accusers - they are protecting the rule of law, which is what they must do. If society and circumstances change then it is for parliament to pass the required legal changes.
Jonathan Mills, Brighton,
The only winners from this ruling are the lawyers - who are no doubt rubbing their grubby hands together in anticipation of all the appeal case fees
So what now? - lets release the gangsters and drug dealers on appeal, all with large compensation cheques, to go off and brag of their impuity
Dave, Dubai, UAE
We don't have a justice system anyway, however we do run one of the worlds best holiday camps. After 11 years of ruin and waste of what was called crime and punishment Nulabour now preside over the the most laughable apparatus known to man in the civilized world.
Roger, Surrey.,
Well, what are a few murder cases? Even the defendants that are convicted will be on the street before you can say "Jack Straw."
David, Covington,, USA
As we have seen so often in the UK during the last 10 years, the lunatics ARE running the asylum!
Grant, Sydney, Australia
Why do we bother with a Justice System, as the Judges seem so divorced from reality that it is becoming a crime to punish the guilty
James, Inverness,
That's the real irony in the judicial system in all democratic countries. The judges go overboard in protecting the "precious" fundamental rights of the accused while giving a damn for rights of the victims and their families
Benjamin Alvares, Mumbai, India