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.

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Criminals could walk free in mockery of justice

Frances Gibb

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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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