Menu
24/06/2008
Ruling Halts High Profile Murder Case
A £6 million murder trial has been given the red light at the Old Bailey following a Law Lords ruling.
Judge David Paget presiding over the case said the trial of two men accused of murdering Charles Butler, had been "derailed" by the ruling.
It is understood that case will act as a precedent for many others.
Law Lords ruled that the defendants had a "right to know" the identity of those testifying against them.
The Law Lords argued that it was "a fundamental principle of English Law that the accused should be able to see his accusers and challenge them".
It is understood that four witnesses had given evidence under false names and from behind screens during the two-month trial in 2004.
The case, the first affected by the ruling, will be retried in February 2009.
Mr Butler, 50, was shot in the neck outside the Matapan pub in Dagenham, east London, in October 2004. He died at the Oldchurch Hospital after spending eight months on a life-support machine.
In January, 2005, police offered a £25,000 award for information to help track those responsible.
Douglas Johnson, 27, and David Austin, both of south London, have denied murder.
Prosecutor Timothy Cray says that a retrial of the case will be held next year. Some reports suggest that it will be in February.
However, Justice Secretary Jack Straw says that there is a "real need" for some witnesses to have their identity protected.
He said he would change the law "as quickly as possible" to restore anonymity to witnesses.
A Ministry of Justice spokeswoman said that the judgement was being studied carefully and that it was "urgently considering its implications, including amending statutory law".
Ravi Sukul, a defence lawyer in the case, welcomed the ruling and said that anonymity created "a serious disadvantage" for defendants.
"The bottom line is, in my opinion, that fairness has prevailed," he said.
Recent high-profile trials which have used anonymous witness testimony include those following the murder of Michael Dosunmu and care worker Magda Pniewska.
See: Men Found Guilty For 'Mistaken Identity' Killing
Man Given Life For 'Wild West' Shooting
(DS)
Judge David Paget presiding over the case said the trial of two men accused of murdering Charles Butler, had been "derailed" by the ruling.
It is understood that case will act as a precedent for many others.
Law Lords ruled that the defendants had a "right to know" the identity of those testifying against them.
The Law Lords argued that it was "a fundamental principle of English Law that the accused should be able to see his accusers and challenge them".
It is understood that four witnesses had given evidence under false names and from behind screens during the two-month trial in 2004.
The case, the first affected by the ruling, will be retried in February 2009.
Mr Butler, 50, was shot in the neck outside the Matapan pub in Dagenham, east London, in October 2004. He died at the Oldchurch Hospital after spending eight months on a life-support machine.
In January, 2005, police offered a £25,000 award for information to help track those responsible.
Douglas Johnson, 27, and David Austin, both of south London, have denied murder.
Prosecutor Timothy Cray says that a retrial of the case will be held next year. Some reports suggest that it will be in February.
However, Justice Secretary Jack Straw says that there is a "real need" for some witnesses to have their identity protected.
He said he would change the law "as quickly as possible" to restore anonymity to witnesses.
A Ministry of Justice spokeswoman said that the judgement was being studied carefully and that it was "urgently considering its implications, including amending statutory law".
Ravi Sukul, a defence lawyer in the case, welcomed the ruling and said that anonymity created "a serious disadvantage" for defendants.
"The bottom line is, in my opinion, that fairness has prevailed," he said.
Recent high-profile trials which have used anonymous witness testimony include those following the murder of Michael Dosunmu and care worker Magda Pniewska.
See: Men Found Guilty For 'Mistaken Identity' Killing
Man Given Life For 'Wild West' Shooting
(DS)
Related UK National News Stories
Click here for the latest headlines.
24 May 2006
Ex-wives win Lords divorce ruling
The Law Lords have ruled in favour of the ex-wives in two multi-million pound divorce cases. In the first case, the Law Lords upheld a ruling that awarded Melissa Miller £5 million of her husband Alan's £17.5 million fortune. The couple had been married for three years and had no children.
Ex-wives win Lords divorce ruling
The Law Lords have ruled in favour of the ex-wives in two multi-million pound divorce cases. In the first case, the Law Lords upheld a ruling that awarded Melissa Miller £5 million of her husband Alan's £17.5 million fortune. The couple had been married for three years and had no children.
03 November 2005
Iraq murder charges dropped against soldiers
The trial of seven British soldiers charged with the murder of an Iraqi civilian has ended with the charges being thrown out on the grounds of insufficient evidence.
Iraq murder charges dropped against soldiers
The trial of seven British soldiers charged with the murder of an Iraqi civilian has ended with the charges being thrown out on the grounds of insufficient evidence.
16 December 2004
Foreign detainees win human rights appeal in Lords
The UK's highest court, the Law Lords, have ruled that detaining foreign nationals without trial is in contravention of European human rights laws. In an eight to one majority ruling, the Law Lords decision is a severe blow to the Government's Anti-terrorisn, Crime and Security Act.
Foreign detainees win human rights appeal in Lords
The UK's highest court, the Law Lords, have ruled that detaining foreign nationals without trial is in contravention of European human rights laws. In an eight to one majority ruling, the Law Lords decision is a severe blow to the Government's Anti-terrorisn, Crime and Security Act.
24 May 2006
Police seek witnesses in teenager murder case
Police investigating the murder of a teenager in Kent have released CCTV images of potential witnesses to the attack. Christopher Alaneme, 18, was stabbed in Sheerness High Street on April 21 and died later in hospital. Christopher, who was black, was found after police were called to the area following reports of a disturbance.
Police seek witnesses in teenager murder case
Police investigating the murder of a teenager in Kent have released CCTV images of potential witnesses to the attack. Christopher Alaneme, 18, was stabbed in Sheerness High Street on April 21 and died later in hospital. Christopher, who was black, was found after police were called to the area following reports of a disturbance.
15 October 2015
Record Fine Over 'High Pressure Tactics' Used By PPI Firm
A Swansea-based company has been fined more than £500,000 for using "high pressure tactics" to get customers to make PPI claims. The Claims Management Regulator (CMR) fined Rock Law Ltd £570,000 for coercing clients into signing contracts, without giving them enough time to understand the terms and conditions before taking unauthorised payments.
Record Fine Over 'High Pressure Tactics' Used By PPI Firm
A Swansea-based company has been fined more than £500,000 for using "high pressure tactics" to get customers to make PPI claims. The Claims Management Regulator (CMR) fined Rock Law Ltd £570,000 for coercing clients into signing contracts, without giving them enough time to understand the terms and conditions before taking unauthorised payments.
-
Northern Ireland WeatherToday:A rather cloudy start with patchy mainly light rain, but becoming brighter through the day as the rain turns more showery, the best of any sunnier spells in the south. Maximum temperature 16 °C.Tonight:A few bright spells at first and any showers gradually dying out. Low cloud and mist or drizzle over northern coastal parts will spread south to most areas overnight. Minimum temperature 7 °C.
