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'Landmark ruling' in rape case Case quashed over lawyer on jury
(about 18 hours later)
Law lords have overturned the rape conviction of a man in what his defence team are claiming could be a landmark judgement.Law lords have overturned the rape conviction of a man in what his defence team are claiming could be a landmark judgement.
Kenneth Williamson's case was quashed after his trial was ruled unlawful because a solicitor with the Crown Prosecution Service was on the jury.Kenneth Williamson's case was quashed after his trial was ruled unlawful because a solicitor with the Crown Prosecution Service was on the jury.
Despite the ruling, Mr Williamson, 21, of Orford, Warrington, will remain in prison pending a retrial decision.Despite the ruling, Mr Williamson, 21, of Orford, Warrington, will remain in prison pending a retrial decision.
His solicitor John Banasko said: "He is no longer a convicted rapist."His solicitor John Banasko said: "He is no longer a convicted rapist."
He added: "Kenneth is in limbo, while his conviction has been overturned legally the Court of Appeal has residual powers to keep him on remand until they rule if he will stand trial again.He added: "Kenneth is in limbo, while his conviction has been overturned legally the Court of Appeal has residual powers to keep him on remand until they rule if he will stand trial again.
"It merely means that he has gone back to the situation he was in in 2005 when charged with two counts of rape, innocent until proven guilty.""It merely means that he has gone back to the situation he was in in 2005 when charged with two counts of rape, innocent until proven guilty."
Mr Williamson had been serving a 10-year sentence after he was convicted of raping a woman at knifepoint.Mr Williamson had been serving a 10-year sentence after he was convicted of raping a woman at knifepoint.
You simply can't have Crown Prosecution Service lawyers sitting on a jury of a CPS case John Banasko, solicitorYou simply can't have Crown Prosecution Service lawyers sitting on a jury of a CPS case John Banasko, solicitor
Mr Banasko, said: "This is a momentous achievement for our case. Today's ruling will, as the law lords said, open the floodgates on the current legislation." Mr Banasko said: "This is a momentous achievement for our case. Today's ruling will, as the law lords said, open the floodgates on the current legislation."
Under the Criminal Justice Act which came into force in 2003, lawyers, judges and police officers have been allowed to sit as jurors.Under the Criminal Justice Act which came into force in 2003, lawyers, judges and police officers have been allowed to sit as jurors.
"What has been decided is that Kenneth's case was incompatible with a fair trial. You simply can't have Crown Prosecution Service lawyers sitting on a jury of a CPS case."What has been decided is that Kenneth's case was incompatible with a fair trial. You simply can't have Crown Prosecution Service lawyers sitting on a jury of a CPS case.
"Parliament better get back to the drawing board," he added."Parliament better get back to the drawing board," he added.
The issue was known from the start of the case after the CPS solicitor involved wrote a letter to Warrington Crown Court explaining that his job entailed him advising police on charging.The issue was known from the start of the case after the CPS solicitor involved wrote a letter to Warrington Crown Court explaining that his job entailed him advising police on charging.
Despite this, Judge David Hale decided that it did not prejudice Mr Williamson's case.Despite this, Judge David Hale decided that it did not prejudice Mr Williamson's case.
After conviction, Mr Williamson's defence team began a lengthy appeal battle.After conviction, Mr Williamson's defence team began a lengthy appeal battle.
Mr Banasko said: "Now it is up to appeal judges to decide what will happen.Mr Banasko said: "Now it is up to appeal judges to decide what will happen.
"The victim may decide she does not wish to give evidence again or my client could plead guilty."The victim may decide she does not wish to give evidence again or my client could plead guilty.
"Either way this is a groundbreaking ruling.""Either way this is a groundbreaking ruling."