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Anonymous evidence ruled unfair Anonymous evidence ruled unfair
(10 minutes later)
The Law Lords have ruled that a man convicted of a gun killing on the basis of evidence given by anonymous witnesses did not receive a fair trial.The Law Lords have ruled that a man convicted of a gun killing on the basis of evidence given by anonymous witnesses did not receive a fair trial.
Ian Davis was jailed in 2004 for murdering two men at a New Year's Eve party in Hackney, London, after three witnesses said he was the gunman.Ian Davis was jailed in 2004 for murdering two men at a New Year's Eve party in Hackney, London, after three witnesses said he was the gunman.
The Law Lords ruling means Davis can now appeal against his conviction.The Law Lords ruling means Davis can now appeal against his conviction.
The ruling is expected to have a serious impact on police operations particularly in relation to gang crime.The ruling is expected to have a serious impact on police operations particularly in relation to gang crime.
The BBC's Ben Ando said there could be repercussions for London's Trident operation, which tackles gun crime in the black community. The BBC's Crime Correspondent Ben Ando said there could be repercussions for London's Trident operation, which tackles gun crime in the black community.
The use of anonymous witnesses in Operation Trident trials has led to several high profile convictions in recent months.The use of anonymous witnesses in Operation Trident trials has led to several high profile convictions in recent months.
RetrialRetrial
The law lords said in their ruling: "No conviction should be based solely or to a decisive extent upon the statements and testimony of anonymous witnesses."The law lords said in their ruling: "No conviction should be based solely or to a decisive extent upon the statements and testimony of anonymous witnesses."
Davis's case will now be referred to the Court of Appeal to quash the conviction.Davis's case will now be referred to the Court of Appeal to quash the conviction.
The Crown Prosecution Service can apply for a retrial if it feels that adequate evidence remains, or offer no further evidence.The Crown Prosecution Service can apply for a retrial if it feels that adequate evidence remains, or offer no further evidence.
During Davis's trial, three witnesses, who said they feared reprisals, were allowed to give evidence anonymously. A CPS spokesman said they will "examine the ruling in detail and decide on its implications in due course".
The Law Lords ruled this was unfair on Davis since his defence was he was being falsely accused by a jealous ex-partner. During Davis's trial, the jury heard that after the shooting, he fled to the US on a false passport.
In their ruling, they argued it has been a fundamental principle of English Law that the accused should be able to see his accusers and challenge them. Three witnesses, who said they feared reprisals, identified him as the gunman and were allowed to give evidence anonymously.
Davis claimed he was the victim of false accusations from a jealous ex-partner but this defence was never explained to the jury because his lawyers could not make reference to the witnesses' possible identities.
In their ruling, the Law Lords argued it has been a fundamental principle of English Law that the accused should be able to see his accusers and challenge them.
They did however acknowledge the problems of witness intimidation and urged parliament to examine the issue.They did however acknowledge the problems of witness intimidation and urged parliament to examine the issue.