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A TV and radio producer who retrained as a barrister became the first member of his profession yesterday to be jailed for perverting the course of justice.
Bruce Hyman, who was inspired to take up law while producing the Radio 4 legal programme Unreliable Evidence, fabricated evidence that could have led to an innocent man being jailed.
Bristol Crown Court heard that Hyman invented a fictitious legal precedent which he e-mailed to a father fighting for custody of his child. He sent the e-mail with a note of support from the pressure group Families Need Fathers. When the man quoted the precedent in court in support of his case, Hyman, who was representing his ex-wife, leapt to his feet and denounced it as a forgery.
The distraught father, Simon Eades, a Wall Street banker, was warned that he faced jail and the loss of his child if the precedent turned out to be fabricated. Dr Eades turned detective. He found that the e-mail had been sent from an internet shop in Tottenham Court Road. The owner e-mailed him the images from the shop’s CCTV camera, which revealed the sender to be Hyman.
Michael Meeke, QC, prosecuting, said that if Dr Eades had not been so computer literate and able to find the origin of the e-mail, he may well have been prosecuted. Hyman’s lawyer, Paul Dunkels, said his client had been depressed after being rejected for a permanent post at his London chambers in 2005 and had turned to drugs and alcohol that clouded his judgment.
Judge Tom Crowther told Hyman that a 12-month jail term was the minimum he could impose. He also ordered him to pay £3,000 compensation to Mr Eades and £3,457 costs.
Family and friends of Hyman, including the actress Maureen Lipman, heard a psychiatrist say that he was at risk of suicide if he was sent to prison.
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Given that this is the first time a barrister has been caught doing this since the profession emerged in its present sate in the 17th century we will only have to wait another 200 years or so for a repeat.
By then the profession may not exist but I am sure by then it will be capable of being dealt with by a fixed penalty notice at the police (or equivalent) station.
Bill, London,
It seems to me, from the other comments above, that we are living in a society increasingly obsessed with whether sentences are too lenient or otherwise. I do not want to come across as defending what Mr Hyman did, on the contrary I also find it apalling that he abused his position of trust in such a manner. No doubt he has been barred from practising the law. On the other hand what do people want to see, blood being drained from his veins?
He's been sentenced to 12 months as it is the maximum sentence the Crown Court could have imposed for his crime. I expect if the prosecution had not been happy with that, they would have appealed.
Let the man serve his sentence, pay his costs; the stigma attached to this crime is one which he will have to live with for the rest of his life. That is the heaviest sentence.
M Bayne, Poole, UK
It makes one sick to think of it - Suppose Dr Eades had not been computer literate, or suppose the pictures had not been available. Would the evidence have been tested or would Eades have automatically been assumed guilty. At least it is now known to lawyers that this can happen. Has it happened before? Are there yet more innocent people in prison?
E Philpott-Kent, Norwich,
Five years would be right for this crime. It strikes at the heart of the advocate system.
Chris Bone, Gairloch, Scotland
Depression is not a reason to mess up the lives of an innocent man, his ex-wife (who was poorly represented by Hyman) and their child. Hyman's representative said that he did this to make time so he could leave the case - why didn't he just ask??
No, this man chose to do something evil to a family when they were most vulnerable. Prison was the only sensible option, but I suspect his greatest punishment will be knowing he was the first barrister to be sent down for professional misconduct in 800 years.
Rob
Rob Machon, Leicester,
Quote"Then again, one year is a little harsh." What? If this man had suceeded in having his victim jailed, for whatever term, he would be living his life without a care! He should have been jailed for 10yrs for not giving a damn for anyone but himself! What kind of people are we allowing to be Lawyers?
Bertrand Bosel, Looe, Kernow
Are all BBC producers bent?
Richard, Marlow, UK
We expect the legal profession, and all people in the law and order professions to be whiter than white. It is a great evil when the turn out to be corrupt or mercenary.. Give him 5 years
W
willi, retford, notts
Hyman is the pointy end of a very nasty missile. Every day non-resident parents (usually men, but sometimes women - this is not a gender issue) face bullying, intimidation and sneaky tactics from solicitors, barristers and sometimes judges. Britain's family law system is not fit for purpose. Open up the family courts and let light in on the corruption.
Boris, London,
The punishment seems somewhat lenient to me - he should have been sentenced to precisely the same period of time that Dr Eades would have served had he been unable to prove his innocence.
I t would also be nice to know the outcome of Dr Eades family court case - I wish him well in that too.
Matthew Mudge, Cardiff, UK
Not nearly long enough. This person is guilty of child abuse. He was conspiring to prevent a child having a relationship with its loving father. He should have gone down for several more years and be on Rule 43 or whatever they call it with the other perverts.
MC
Martin Crapper, Edinburgh, Scotland
One year is dreadfully lenient for such a terrible crime.
Greg Lorriman, Leatherhead, UK
Depressed at not getting tenancy at his first chambers. So was I in 2005 along with many others but I didn't go around conjuring up judgments and trying to get innocent men jailed!! Then again, one year is a little harsh.
Sean Devine, Birmingham,