Magnus Linklater
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By Saturday, we knew that the American student Amanda Knox had changed her account of Meredith Kercher's murder three times, that she was sitting in her prison cell writing version after version of what had happened on the night itself, that she had a reputation as a heavy drinker with an active sex life, that she had posed on her website with a machinegun.
By Sunday we were reading interviews given to the press by the arrested suspect Raffaele Sollecito, in which he gave his own story, complete with admissions that he smoked cannabis and had a large collection of knives. By Monday, a report from the judge examining the case had been leaked, offering us a full rundown on the evidence uncovered by police, including a lurid description of the scene of the crime, written (or translated) in the language of the penny-dreadful: “With the door opened there was a chilling scene... the room was found in disorder with blood stains everywhere, on the ground and on the walls, and also under the duvet of the bed a foot could be seen.” So detailed was the judge's report that it even included the Vodafone number of the mobile phone found in the garden next to Meredith's house.
This is justice Italian-style, no holds barred, full disclosure, fact and speculation freely intermingled; the word “alleged” has been notable for its absence. This is the polar opposite of the much-criticised Portuguese system applied to the Madeleine McCann case, in which no details were officially issued and suspects, named by police, were legally forbidden to speak.
Neither case, however, has demonstrated the two prerequisites of a just legal process: an unbiased police inquiry and the presentation of untainted evidence in court. How any of the three suspects so far arrested in Perugia can expect a fair trial, should a case against them ever be brought, is almost impossible to imagine. Furthermore, the clear-headed analysis of evidence has already been polluted. As each new discovery is publicised and every new theory widely aired, the public pressure for action grows, and the hand of the investigating authorities is forced. Although the judge is meant to be wholly independent, with the task of weighing the police evidence against the claims of defence counsel, even he cannot expect to remain immune to the overwrought atmosphere in which his inquiries are held. Trial by press conference is not the best means of ensuring that justice is done - but that is what we are witnessing.
In Portugal, the so-called code of secrecy has resulted in the deliberate manipulation of evidence. Sheltering behind the law, officials have briefed favoured journalists, allowing a barrage of damning allegations to be unleashed against Madeleine's parents. With little or no hard proof to sustain the charges, they have nevertheless turned a supposedly objective criminal investigation into an exercise in character assassination. The Portuguese authorities may argue that they are simply responding to accusations from the British media that they have botched the inquiry, but that is hardly justification for distorting the evidence.
There was a time when it might have been possible to claim that the British approach to criminal investigations avoided both these extremes. The laws of contempt kept a tight rein on premature disclosure of any evidence that could influence a future jury. They were best summed up by Lord Hope of Craighead, a Scottish judge (the rules have always been tighter north of the Border), who observed that it was “in the public interest that proceedings for the detection and punishment of crime should not be interrupted by the effect on the course of justice of publicity”. Once an arrest was made or charges brought, the tried and trusted (if often deeply resented) formula of “last night a man was being held in connection with the case” became the last word on the subject before a trial.
It is hard, however, to constrain the press in the hothouse world of international competition. These days newspapers exist in the age of the internet, when facts, sub-facts and downright inventions circulate freely and are instantly available online from news organisations in other countries whose freedom to publish is far wider than ours. Access to previous convictions, for instance, can be instantly gained through Google; references to royal figures whose privacy is protected by judge's orders in Britain can be picked up with ease on any number of foreign websites. And when readers are able to fill in the blanks for themselves through electronic means, the
press can sometimes feel they are operating with one hand tied behind their back.
Recent cases, such as the allegations of rape made in 2003 against a number of footballers in a London hotel, when lurid details were published in advance of a trial that then had to abandoned; or the case of the “Suffolk strangler”, where compromising information about a potential suspect was widely aired after he had been arrested, suggest that the boundaries of what is permissible are being stretched. The police, too, seem more prone to allowing evidence to leak into the public arena. Set against that, however, is the very real threat to newspapers that if they print material that allows a defence QC to argue that his client's case has been undermined and the trial has to be called off, the newspaper can be landed with the bill.
We are all, of course, breathless for gossip and, in the case of murder, we are insatiable. So used have we become to the immediacy of information, and to instant access to the latest revelations, that we have come to expect it as our right. But in most murder cases there is likely not only to be a guilty party but an innocent suspect as well. The law is there to nail one and absolve the other. Everything else takes second place to that.
Magnus Linklater's journalistic career spans 40 years, taking him from editor of Londoner's Diary at the Evening Standard to editor of Spectrum and the Colour Magazine at The Sunday Times and editor of The Scotsman. He joined The Times in 1994 and writes a weekly column on Wednesdays. He was chairman of the Scottish Arts Council from 1996 to 2001, and often writes on Scottish issues
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My hope is that they finally find the killer, and that he/she gets the right punishment. What a mess there! Everyone trying to plead their innocence blaming the skin colour or southerner's Italian roots. Get real now! And understand that if any of those suspects will be found guilty it won't be on racism's grounds, but only because of hard found proof. Nothing else. May justice be done.
Daniela, Salerno, Italia
I really don't think that the British Press is able to give lessons about journalism to any foreign press in the world. And I also feel offended by comments like "the ineptitude of the Italian Police is common knowledge", that show a love for clichés that makes me really sad.
Martina, Milan,
Half the people on here don't seem to have read the article. It cerainly doesn't say the British system is perfect. On the contrary it says:-
"There was a time when it might have been possible to claim that the British approach to criminal investigations avoided both these extremes." It also talks of cases compromsed by information put into the public domain.
The case of Jean Charles De Menezes has absolutely nothing to do with the reporting of these cases.
luke, london, england
Also, reading the news every day, I begin tho have the suspect that the inquiry is maybe becoming a bit biased for Sollecito and Lumumba, expecially the second one, because day by day are found new hints (evidence?) that they where not in the place of the murder, but authorities continue to say that these hints are not believable, and hey, we're talkin' about witnesses and surveillance camera images, not about fables.
So in my opinion, if somebody is undergoing an unfair treatment, surely this is not Amanda.
Marco, Milano, Italia
Do Murderers deserve a fair trail? What about the victim? I have no sympathy with the accused in jail in the Meredith case. Let them rot until they grow old, blind and deaf. The victim after all wont have a fair trail or justice. At least in a country like Italy the guilty will get what they deserve, unlike in Britain, where Murderers and Rapists get 5**** treatment and gets touched with velvet gloves.
Christina, London,
First of all, let me say where i speak from: Italy. Second thing, linked to the first, apologies for my bad, simple english.Now, I really liked the analysis, which gave me clues about english and portuguese law-systems, but I think the journalist has been too light with accusations against the italianone: it's awful beyond his description. As an italian citizen, I find myself, each new day, mistreated by italian media. Every murder, or tragedy, is handled as a fictional piece, in the uncorrected perception of the citizen as a simple, morbid viewer . The news, (television, partic) whose main purpose should be a balanced analysis of situations, often demonstrates instead the dignity of a jackal, obeying more to polical convinieces or audience's jacking. Consequences are well underlined in the article: the italian justice system feels the polluting pressure of the media. If you have time, follow much more of the italian public channels: it's ridiclously evil and empty of human content.
teox, venice, italy
Perhaps it's true that a check on the press is these cases is a good idea, but to go as far to say that freedom of press causes a biased police inquiry and tainted evidence in court is really a bit much! I'd like to know from Mr. Linklater just how the police inquiry is biased, when all they have done so far is to collect evidence and arrest the three suspects. He is quick to note that in most murder cases there is an innocent suspect, but forgets that in most murder cases the solution is the most obvious one. More than often the person is known to the victim. Do the British police resolve all their cases so easily? Doesn't anyone ask why, in Britain, the police can hold a person just because they feel like it?! If Mr. Linklater could shake off his pomposity, he may find that he is criticising the wrong system here!
Gaby Kovacs, Rome , Italy
i have to say that this thing of the britons thinking that everyone elses system is rubbish and their's is the way to go just really gets under my skin...i mean, we are trying to do the best we can for the mccann case, and let m tell u, eventho ppl here in portugal already assume that the parents did it, noone"i hope they didnt do it, coz that wud be just heinous". i cant really figure out ur mentaity, when u can say on tv, being an ancor, everytg that pops to ur head, like the sky news ppl, who always say rubbish when it comes to justice abroad..they actually said that no1in briton can even imagine that the parents did it, only in portugal wud u thk that...news flash:we cant either!, but now, when thgs are starting to feel dodgy, the skynews ppl r saying already that well the parents cud have done it, and now the brittish police come and say that they do back up the portuguese police. and let m ask, how can a ministre come and say that we have no history of democracy and human rights
sofia, porto, portugal
we actually have fought the dictatureship in portugal that helped get the spanish started!i kno that things r fuelled right now, but try and thk if it were the french, german or americans saying the same about u! and the lega systems r different everywhere. urs is no better..bcz of ur full disclosure of facts, the prostitute killer was never caught, the ppl who murdered the two girls from a couple of years ago "was caught", bt did he really do it?nt even u were convinced!, and what about rhys jones?come on!!give m a break! what every1loves is the vlood on tv, the soap opera that is made out of these crimes.and here it is the same, dnt get m wrong!, but does it help the investigation?, does it help the family?i dnt kno...perhaps, perhaps not. and for the italian and portuguese police: good work, keep up! and i really do agree with the comment by carla, são paulo!and r th brits all that perfect that they dnt mess about abroad?,not even at home, let alone abroad!come on!!
sofia, porto, portugal
I think I must buy your newspaper again.
In its letters page were respectable and measured comments on issues of the day.
This internet page is stuffed with the ramblings of people who would have trouble spelling The Times, let alone reading it.
Don't bother to publish this.
Captain Sensible, London,
Interesting that the only mention of Scotland is Lord Hope's comment and the assertion that the rules have always been tighter north of the border.
What about the Jodi Jones murder and press witchhunt of Luke Mitchell? Despite being a shady character, the majority of the evidence in the case appeared somewhat circumstancial.
As a potential jury member (as are we all), I don't think the use of "alleged" in an article makes much difference to the layman.
Maybe the criticism in this article would be better directed at the press, rather than the respective legal systems.
Al, Edinburgh, Scotland
"but that is hardly justification for distorting the evidence. "
And you know what the correct evidence is?
Pleaeeeeeeeeeeeease.
Lawrence, London,
Magnus, you forget that English contempt laws are there because of the English tradition of jury trials.
By suggesting that a fair trial is impossible in the Kercher case you are maligning the Italian judiciary. As professionals, the judiciary are expected to be above media prejudice. Conversely, the English Courts do not have such high expectations of your average English juror, hence the protection afforded by our contempt laws.
Just because the system works differently does not make it wrong.
Simon, London,
Article fails to mention the racial bias.
A "sweet white girl" either American or British and whether accused or victim carries a lot more media space and value than persons of color who apparently arent worthy of such discussion or attention.
Mike Smith, Oxford,
Yeah, British Police and the Justice System works just perfect. Take one example: you get up in the morning, hurry to get to work 'cause you're late. In the bus try to call a fellow colleague and tell him to inform your boss that you'll be a bit late that morning, get into a tube train and 10 seconds later be shot dead (read "executed") by the British Police.
Two years later you are rotting 2 meters under ground and the Chief of Metropolitan Police congratulate your killers for their bravery and considers that he done his job properly and the police system works fine.
Your parents are left with a "sweet" taste of British justice, while crying in front of a tomb stone with an engraved name:
JEAN CHARLES DE MENEZES.
Great justice, isn't it?
Inspector Chief, Taunton, UK
A bit late to get all moralising about 'True Crime' reporting . Crime fiction has been popular in Britain for decades and what better than fiction but fact? Murder as entertainment? Look at the sales of 'true confession' murder stories Just look at nice cosy TV series like 'Midsommer Murders'.The grisly shocking truth hyped by the media and read by thousands is part of the American cutural way all our politicians have been forcing us tio adopt for decades. It is sickening but we are all part of it. Oliver Stone's film 'Natural Born Killers' says iit all. What's different perhaps is that there is not even a respectful period of grace before the accounts begin -like everything else today it's an immediate, 'blow by blow account' with no concern for victims or the 'rights' of those accused .
david, Uzes , France
Sadly, in an age when information can flit electronically from one side of the world to the other, it is naive to expect that courts in other countries will remain immune to the often lurid and wildly inaccurate reporting by the British media of crimes beyond our shores.
Just as courts can find themselves under extraordinary public and political pressure to reach the verdict demanded by the media in their own country, we have seen deeply concerning instances of adverse coverage by the British media cited in foreign verdicts.
Restrictions on reporting which would temper prurience here are cast aside in the rush to fill pages and airtime, with little regard for the impact this may have on the defendants, their case or chances of a fair trial.
Mr Linklater's thoughtful piece highlights the very serious threat to justice posed when the right to silence and presumption of innocence are overwhelmed by the sheer volume of speculative rolling coverage.
www.fairtrials.net
Catherine Wolthuizen, Fair Trials International, London, UK
"The ineptitude of the Italian Police is common knowledge"
What a broad sweeping unfounded statement.
"The Italian police may not be the best in the world".
Who said so?
The Italian police are excellent.
Overworked, underpaid in a country lacking patriots.
Mary, Milan, Italy
Perhaps from Britain's chauvinistic and provincial mindset the Italians are notoriouslyy incompetent. However, their handling of the Red Brigades and the mafia suggests that they're not quite so inept as imagined. Meanwhile, back in Britain, I need only mention one Ian Blair to highlight an incompetent, media loving blight on the policing landscape.
Roland Mahoney, London,
Oh my god. Here we are, Italians always do wrong. If they do something right, it's by mistake. Now also Portugal is on trial. Who's next? Ah! if the whole world were run by the Britons, it would certainly be a better world, wouldn't it? But... how about, for instance, Mr. Charles de Menezes? I wonder what would Britons say if it happened the opposite, Brazilian police killing innocent Briton. That's a point.
Carla, São Paulo,
Although Timonline is one of the few decent British online newspaper, this article is nonsense: police investigators and judges are supposed to be professional enough to handle the media hype, including articles like this one.
If media attention alone could jeopardize the fairness of trial, with all the live police chaces and the court media circus you have in the US these days, there wouldn't be a single fair trial on the other side of the Atlantic.
The Italian police may not be the best in the world, no doubt about that but one thing is sure, as far as ineptitude goes, LA police goes much further: ask yourself how O.J. Simpon could walk away with premetited murder!
Paolo, Bublin, IRL, EU
Let me just see if i get this right merylin...are you trying to say that the american police is in any way fairer than ours?????
just a quick question: how many people have your police sentenced to death that were innocent???
i rest my case.
as for the way the police carries out their job:let's wait to see if they catch the murderer..that's all that matters isn't it?
francesco, dublin, ireland
Marilyn, you writes "The ineptitude of the Italian Police is common knowledge", but you are wrong: not knowledge, but misinformation, or even prejudice if any. Despite of our Mafia, Camorra, 'Ndrangheta, Russian Mafia, Albanian Mafia and whatever else, Italy is strangely one of the safest land in Europe (â¦and - btw - Europe one of the safest in the world). Please give a look at the statistics on the matter.
---
I hope this awful murder may be solved soon.
Antonio, Verona, Italy
Meredith's family's grief is, similarly, totally unimaginable. It has to be hoped that those responsible for her murder receive the justice they deserve.
Two of the suspects are relatively young. Should their guilt be proven, one is left wondering if they could ever serve enough jail time as a punishment for what has been done.
Peter Koeb, Geneva, Switzerland
Hype: an analyse structured by a demanding conception of the conditions to a fair trial.
Substance: British cultural ethno-centrism at its best.
Conclusion: We british (public, medias, police & justice) are the best.
Pierre , Paris, France
I'd agree overall, that a police inquiry is something that needs "privacy" to be done in optimal conditions. However, if the Italian police are used to work in this way, and like to inform/let information leak, it is up to them! I don't think this is fair to say that because the public is informed, the police or the judge are going to work under pressure -- very much so, maybe, in the UK, where as it seems there is no such publicity or information around criminal investigations. However, I believe the Italian police and their judge are professionals, and that there is no need to suppose they'll be unable to work under these or those circumstances, if, quite obviously, they don't mind them and actually seem used to them.
As to your criticism of the style... well... it is not a literary story for us to contemplate, or is it? It's a horrid act and a life of a lovely person was taken -- I've a literature degree and am very much into lit., but I don't mind the style here at all.
Marta, Paris,
Best article I have yet to see on this topic. Very much think the three, especially Amanda, have been tried and convicted in every rag. I will go to the Times for news and never again another UK paper. Very well done.
Sam, Seattle, USA
Well Marilyn, you obviously read the piece carefully, especially the sentence "How any of the three suspects so far arrested in Perugia can expect a fair trial, should a case against them ever be brought, is almost impossible to imagine." Glad to see that you can read someone's mind from nine time zones distance. Quite a talent.
David K., New York,
so our police are perfect ?
this is just more racism from the british press and it makes me sick.
col, l, uk
Italy is a player in the murder, no doubt about it.
Let's hope that Scotland Yard and the FBI are hanging around to watch the lab work (or doing the lab work). The Italian law enforcement and justice system has its hands full with this one.
What else is there to bring Meredith's kilers to justice? What do the Brits want to see? I think it's pretty clear that Amanda Knox is a liar, and frankly, I have no sympathy at all for her. Has she expressed any sympathy at all for her murderered roommate's family? Or mentioned her utter shock at the brutality of the violence, since she claims innocence? A few words on that topic from her visiting mother would be big news.
The ineptitude of the Italian Police is common knowledge, and that is why your paper needs to be there to watch every move.
My deepest sorrow and condolences to Meredith's family and friends on their terrible and untimely loss. The civilized world is
horrified. Amanda will not be comfortable in the US ever again
Marilyn, Los Angeles CA, USA