Rule on witnesses could free convicted killers

Lawyers are expected to launch appeals against a series of convictions involving some of Britain's most ruthless gangland killers.

The move follows a Law Lords decision to quash the conviction of a double murderer because witnesses who feared for their lives were allowed to give evidence anonymously.

Iain Davis, 31, was jailed for life at the Old Bailey for shooting two men in a flat in Hackney on New Year's Day 2002. He shot a DJ and a reveller with the same bullet at an illegal rave.

The Lords overturned the conviction because witnesses who identified him were allowed to remain anonymous.

In their ruling they declared that it was a fundamental right of a defendant to be able to see and confront accusers.

The judgment has thrown into disarray police and prosecution attempts to tackle serious gang crime.

Two trials involving anonymous witnesses were halted yesterday while senior Scotland Yard officers said the ruling could jeopardise convictions in dozens of London cases in recent years.

One senior Yard chief today described the judgment as "extremely worrying".

The use of anonymous witnesses in trials has grown rapidly in recent years. Almost all cases brought by the Operation Trident task force which tackles London's armed black gangsters now involve the use of witnesses who are given "special measures" to protect their identity.

The measures allow witnesses to give evidence behind screens, to have false names and have their voices disguised electronically.

Recent cases which could now be the subject of appeals include the conviction this week of two gunmen who murdered 15- year- old Michael Dosunmu with a sub-machinegun in Peckham.

Others include the murder of Polish care worker Magda Pniewska, 26, who was shot in the head in New Cross, and the gang killing of 16-year-old Kodjo Yenga in Hammersmith.

Senior Yard officers have raised the issue with the Ministry of Justice and the Home Office as "a matter of urgency".

Today Assistant Commissioner John Yates told the Standard: "We are really concerned that potentially some of our most serious cases could be the subject of appeal. The use of special measures should be carefully considered but in the most serious cases they are an invaluable tool.

"We need to balance the interests of the defendant with the wider interests of justice. This is not about human rights, this is about common law and the common law must develop with the times. We need legislation which is relevant to fighting crime in London in 2008."

Ministers are now believed to be examininga possible change in the law to allow witnesses to remain anonymous.

Seven witnesses at Davis's trial in May 2004 claimed to be in fear for their lives if it became known they had given evidence against him.

In the ruling Lord Bingham said that without the evidence of three of the witnesses, Davis would not have been convicted. The case is now being referred to the Court of Appeal.