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| Version 3 | Version 4 |
|---|---|
| Anonymous evidence ruled unfair | Anonymous evidence ruled unfair |
| (about 3 hours 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. |
| We remain committed to the use of anonymous evidence in appropriate cases and believe it is an effective tool to tackle witness intimidation Ministry of Justice | We remain committed to the use of anonymous evidence in appropriate cases and believe it is an effective tool to tackle witness intimidation Ministry of Justice |
| 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 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. |
| The Head of Operation Trident, Helen Ball, told BBC News: "People who think they have evidence to give often think twice about telling us about it because they don't want to put themselves in danger." | |
| 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' 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. | Davis' 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. |
| A CPS spokesman said they would "examine the ruling in detail and decide on its implications in due course". | A CPS spokesman said they would "examine the ruling in detail and decide on its implications in due course". |
| During Davis' trial, the jury heard that after the shooting, he fled to the US on a false passport. | During Davis' 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. | 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. | 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. | 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. |
| Malcolm Swift QC, who represented Davis admitted it was a blow to the prosecution but believes they were going down a slippery slope. | |
| He said: "Eventually we would end up with trails of defendants on evidence that would have been given completely anonymously from witnesses who may well have axes to grind." | |
| A Ministry of Justice spokesperson said: "We remain committed to the use of anonymous evidence in appropriate cases and believe it is an effective tool to tackle witness intimidation â particularly in cases involving gang and gun crime. | A Ministry of Justice spokesperson said: "We remain committed to the use of anonymous evidence in appropriate cases and believe it is an effective tool to tackle witness intimidation â particularly in cases involving gang and gun crime. |
| "We are studying the judgment carefully and considering its implications." | "We are studying the judgment carefully and considering its implications." |