Tonight:
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Comment: Court drama
Evening Standard24 Jun 2008
The collapse of the trial of two men accused of murdering London businessman Charles Butler underlines the urgency for ministers to find new ways to allow the courts to use anonymous evidence. Today's trial was postponed following last week's Law Lords' ruling on the growing use of anonymous witnesses by prosecutors, especially in gang-related killings. Two cases involving such testimony have already been suspended for legal argument.
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.
