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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 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. |
Retrial | Retrial |
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. |
A CPS spokesman said they will "examine the ruling in detail and decide on its implications in due course". | |
During Davis's trial, the jury heard that after the shooting, he fled to the US on a false passport. | |
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. |