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The first major murder trial to be hit by last week’s law lords’ ruling on witness anonymity was halted at the Old Bailey today.
The £6 million trial is the first to be ended by ramifications of a law lords' judgement that defendants have the right to know who is giving evidence against them.
Today’s case, which was nearing the end of the prosecution evidence, was the culmination of a multi-million pound four-year inquiry into alleged police corruption and the shooting of Charles Butler, a businessman from East London.
Witness anonymity had been a key component of the Government’s plan to crack down on Britain’s gang culture by allowing threatened or fearful witnesses to give evidence in secret.
The Crown Prosecution Service and Ministry of Justice have been studying the law lords’ ruling with trepidation. It has been suggested that dozens of current trials will be affected.
Judge David Paget told the jury today: “I am afraid the trial has been derailed and I am afraid I will have to discharge you and order a retrial in the New Year. Last Wednesday, the House of Lords decided in a very far-reaching judgment that evidence from anonymous witnesses cannot be admitted.
“The reason for that is because of the difficulties caused to the defence if they do not know the identity of witnesses against them and are deprived of investigating why these people may be inaccurate or, worst, untruthful.”
The trial involved the contract killing of Mr Butler, 50, which was caught on CCTV. The jury was shown footage of him being chased by a gunman and shot in the neck as he arrived home in Green Lanes, Dagenham, East London, in October 2004. Mr Butler died nine months later having never regained consciousness.
Douglas Johnson, 27, the alleged gunman and David Austin, 41, accused of being the getaway driver, both denied murder.
During the two-month trial the jury heard from four witnesses who gave evidence under false names and from behind screens.
Timothy Cray for the prosecution said that a retrial was expected to be held next year.
A Ministry of Justice spokeswoman said today: “We are studying the judgment carefully and urgently considering its implications, including amending statutory law.”
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While its a right to confront one's accursers as a fundemental principle of English law, gangs would think nothing of killing a witness or entire family to avoid punishment.
How about calling gangs terrorists? Use the terror statutes to prosecute them. They do practise terror after all
Jason Pearson, Toronto, Canada
Once again its bend over backwards for the criminal, never mind justice for the victim. What kind of world do some of these bewigged relics live in?
Philip, Sleaford,
It is becoming more apparent by the day, given some of the decisions handed down by the highest courts in england and wales, that the issue of elected judges needs to be given very serious consideration indeed.
michael sutton, london,
Is Ian from Gloucestershire not jumping the gun? What he is suggesting is that people accused of a serious enough crime should sacrifice their rights to know and challenge the evidence put against them whether guilty or not (a fair trial?). Guilt is not determined until the conclusion of a trial.
John, Edinburgh, UK
The police talk about freeing 'criminals', but how many legally unsafe convictions came from an anonymous person with a grudge giving false testimony? And how many guilty verdicts came from corrupt police forces trying to please their conviction-hungry bosses? The law serves us, not the politicians.
Tim, Edinburgh, UK
The rule of law must prevail & providing appropriate measures & checks are in place, I do not see a problem with protecting a witnesses ID in very serious cases, Those who do not appear to respect life & others rights should forfeit certain rights. Rights should be earned by respecting the law.
Ian, Gloucestershire,
Defendants have the right to a fair trial.Murder victims have a right to live.Steps have to be taken to counter witness intimidation. Long term witness protection, despite the expense, appear to be the only solution.All the same they amount to exile for the witnesses and family.
Edward Johns, Lannion, France
The defence should have every right to question the credibility of witnesses giving evidence against the accused. Anonymity would obviously prevent this from occuring. The Lords made the right call.
James, Manchester,
This is a victory for justice and common sense. Of course witnesses should be placed before the defence unless it is children . Think about the consequences for someone innocent, a couple of people who have grudges come forward and remain anon, the basis of law must be kept open and fair.
C Darken, Nantwich, UK
This Government has demonstrated their inadequacy yet again by allowing this ridiculous situation to occur. The sooner we have the opportunity to replace them the better.
Ben Callaghan, leicester,
Really tricky one. It can't be fair to not know the identity of people standing as witness against you. However given that police can't protect witnesses and in a society where life appears to be so cheap you can understand their reluctance to testify.
mark connelly, surbiton, england