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Comment: Court drama
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24 June 2008
The Law Lords argue that when an accused cannot identify those testifying against him, it denies him the chance of a fair trial. But it is hard to see how convictions of some dangerous criminals could be obtained without the anonymity police have been able to promise to witnesses in recent years. Police in London and elsewhere have worked hard to win the trust of witnesses to gang violence and other serious crimes: the threat of savage reprisals is all too real, and other measures to protect witnesses have not proven sufficient to persuade many to testify.
The danger highlighted by today's case is that it will limit the ability of the police and the courts to bring serious criminals to justice. More than 40 convictions could be appealed, while other cases now before the courts could unravel. Of course a balance must be struck between the rights of witnesses and those of the accused. But there are many other safeguards in our system to protect the accused. Now we need to amend the law to give prosecutors the powers they need to take on those who intimidate witnesses.
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