Philippe Naughton
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The Government hopes to push emergency legislation through Parliament in just a week to protect the use of anonymous witnesses in certain court cases, Jack Straw, the Justice Secretary, said today.
The move follows a law lords' ruling effectively banning the use of anonymous evidence which brought about the collapse last week of a £6 million murder trial and could see dozens of recent murder convictions questioned on appeal.
Mr Straw said that would bring forward a Bill next week that he hoped could complete its passage through Parliament the following week. He said that it was "essential" for the legislation to receive the Royal Assent before Parliament rises for its summer recess.
The Justice Secretary did not go into the details of the legislation, which is being hammered out by government lawyers in a desperate race against time. Opposition parties have signalled that they will support the Bill.
Experts have warned that the law lords' ruling threatened other key trials already under way and said that up to 40 people convicted of serious crimes in London alone could walk free if witnesses refused to reveal their names in any retrial.
Lawyers for two of the four men found guilty of murdering the Birmingham teenagers Charlene Ellis and Letisha Shakespeare said already 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 – including those for the murders of Michael Dosumnu, Magda Pniewska, Toni Ann Byfield and Zainab Kalkoh.
The law lords ruling came as they considered the case of Iain Davis, who was convicted of shooting dead two men in a flat in Hackney, East London, on New Year's Day 2002. At his Old Bailey trial, the judge allowed seven witnesses anonymity after they expressed a fear for their lives.
In his ruling, Lord Bingham, who headed the panel of judges, said that the conviction could have been achieved without anonymity, but that anonymity had "hampered the defence" in a way which was unlawful and rendered the trial unfair.
Mr Straw said today that the Bill would set out that a judge “will have to be satisfied that the need for anonymity is satisfied, that a fair trial will be possible and that it is in the interests of justice”.
But he said that anonymous evidence was already "fundamental" to the successful prosecution of many cases, including violent disorder, terrorism and murder. The new legislation will ensure that already convicted criminals would not be able to appeal on the basis of the legislative gap created by the ruling from the law lords.
The Justice Secretary also promised a virtual "sunset clause" for the new law in that further legislation was planned for the next session which would replace it, allowing MPs the chance to revisit the arguments more deliberately.
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Whilst they Law Lords want to protect criminals from annonimous accusers, they also allow secrecy to pervert the course of justice in family law courts Lord Ward said many good Fathers are being penalised and there is nothing he can do! Yet the legal profesionals still plunder the legal aid fund!
Dave Farmer, Broxbourne, England
The comments on this page show quite clearly what people think about the reliability of evidence given by anonymous witnesses; they don't like it. They would be entitled to the same view if they were members of a jury.
Ben, Bristol, UK
Another infringement of our civil liberties by the ministry of truth. We just kep walking blindly into a totalitarian police state. George Orwell was so prophetic.
Danny, Glasgow,
...another attack by the governement on our fundametal common law rights!! How can it ever be just for someone to give evidence and for that evidence not to be tested. Once again the government moves towards a police state! Why have a trial at all - let them alone decide on guilt..we might as well
Scott, london, uk
Heres the scenario:
Someone, unspecified, says they saw you do something but you cant prove they werent there at the time because you dont know who they are.
Sounds like a fair trial to me. Hello David Davis, heres another on for your list.
Phil, Warrington, England
There are leaders and leaders and Brown aint one of em.
G.A.GILMARTIN, Bristol, England
Not all those completed trials will have been unfair, the law lords just said that this trial was unfair, and that those involving anonymous witnesses need special consideration. They didn't say that use of anonymity will always be unfair. Unfair trials will still be subject to judicial review.
Simon, Manchester, UK
Sounds like the government wants to retroactively legalise corner-cutting. Is that compatible with the European Convention on Human Rights? I'm thinking of Article 6, on the right to a fair trial, in particular. Can't see how an unfair trial can retroactively be made fair. Unfair's unfair.
Simon, Brentwood, UK