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Witness ruling halts murder trial | Witness ruling halts murder trial |
(10 minutes later) | |
A £6m murder trial has been halted at the Old Bailey following a Law Lords ruling on witnesses giving evidence anonymously. | A £6m murder trial has been halted at the Old Bailey following a Law Lords ruling on witnesses giving evidence anonymously. |
Judge David Paget said the trial - of two men accused of murder - had been "derailed" by the ruling. | Judge David Paget said the trial - of two men accused of murder - had been "derailed" by the ruling. |
He told the jury: "You have heard evidence from a number of witnesses that you should not have heard." | He told the jury: "You have heard evidence from a number of witnesses that you should not have heard." |
Law Lords ruled that defendants had a right to know the identity of those testifying against them. | Law Lords ruled that defendants had a right to know the identity of those testifying against them. |
The case, the first affected by last week's ruling, will be retried in 2009. | The case, the first affected by last week's ruling, will be retried in 2009. |
Four witnesses had given evidence under false names and from behind screens during the two-month trial of the two men accused of killing Charles Butler in Dagenham, east London, in 2004. | |
Douglas Johnson, 27, and David Austin, 41, both of south London, have denied murder. | |
Change the law | Change the law |
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 said in their ruling: "No conviction should be based solely or to a decisive extent upon the statements and testimony of anonymous witnesses." | |
But Justice Secretary Jack Straw said there was a real need for some witnesses to have their identities protected. | But Justice Secretary Jack Straw said there was a real need for some witnesses to have their identities protected. |
He vowed to change the law "as quickly as possible" to allow the right to anonymity to be restored. | He vowed to change the law "as quickly as possible" to allow the right to anonymity to be restored. |
Following Tuesday's development, a Ministry of Justice spokeswoman said: "We are studying the judgment carefully and urgently considering its implications, including amending statutory law." | |
Judge Paget said it would be "frankly impossible" to ask the jury to forget what they had head from anonymous witnesses. | |
'Grave concern' | 'Grave concern' |
The BBC's Danny Shaw said there were a number of other cases in progress around the country that could be affected by the ruling, including one in Newcastle. | |
He added that as the ruling also affected convictions, it could prompt some defence lawyers to consider an appeal. | |
Several recent, high-profile trials have also used anonymous witness testimony, including those following the murders of schoolboy Michael Dosunmu and care worker Magda Pniewska. | Several recent, high-profile trials have also used anonymous witness testimony, including those following the murders of schoolboy Michael Dosunmu and care worker Magda Pniewska. |
Metropolitan Police Assistant Commissioner John Yates said the ruling was a cause for "grave concern". | Metropolitan Police Assistant Commissioner John Yates said the ruling was a cause for "grave concern". |
The Met's specialist Trident squad has encouraged witnesses to come forward to help prosecute gun crime on the assurance that they could remain completely anonymous. | The Met's specialist Trident squad has encouraged witnesses to come forward to help prosecute gun crime on the assurance that they could remain completely anonymous. |