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Judge condemns prosecutors as man in stabbing case walks free
Peter Dominiczak and Martin Bentham4 Mar 2010
A judge has attacked “hopeless” prosecutors in London after a man accused of stabbing a father who was protecting his son walked free from court.
Bashier Hussein, 20, was due to stand trial for allegedly knifing Everald Carter at his home after a gang came looking for the victim's teenage son.
But the case against him was thrown out after the judge ran out of patience with the Crown Prosecution Service's failure to provide key documents.
Judge Peter Birts QC told Snaresbrook crown court that although the alleged attack was “a most appalling incident” he was being forced to abandon the trial because of prosecutors' “unjustifiable delay” in providing transcripts to the defence.
He accused them of having “sat on the case since late 2007” and said that their inability to respond to requests for the transcripts amounted to an “intentional failure to comply with the court”. The case, which will prompt renewed concern about the effectiveness of prosecutors in London, follows a warning by the Chief Inspector of the Crown Prosecution Service that hundreds of criminals in the capital are walking free because of similar failings.
Mr Carter's wife, Michelle, today said that she and her husband had been let down by the prosecution.
“The CPS have been completely incompetent,” she said. “They've never apologised to us. It is so disappointing to come this far only for these people to walk away. We were hoping to finally get some closure and have our day in court, but it looks like we will never get that now.”
Hussein, of Plaistow, was charged with wounding with intent to do grievous bodily harm after being arrested over the incident at Mr Carter's house in Barking in October 2007.
The alleged attack happened after up to eight youths arrived looking for Mr Carter's teenage son after a row at Leyton Sixth Form College over a firework. Mr Carter, who works with the business development unit of the CPS, attempted to reason with the gang but was stabbed in his leg and groin area.
His son, then aged 16, saved his life by using his shirt to stop the bleeding. Mr Carter, who still has trouble walking, spent months recovering, while the family has been forced to move out of their home because of fears of another attack.
Mr Carter's 74-year-old mother Gurzel said it was “a disgrace” that his alleged attacker had been allowed to walk free. “I thought my son was going to die. When Everald was stabbed I cried and cried. He was trying to protect his son. How could the system fail so badly?”
Hussein, who is known by his rap name “Sketch”, is understood to be part of the Greengate gang, which operates near West Ham football stadium. Their rivals are the Lego Manz crew.
Alison Saunders, Chief Crown Prosecutor for CPS London, said: “Our failings in this case were inexcusable. We have apologised to the victim and offered to meet his family to explain what happened.
“We asked for this case to be adjourned on 26 February so that a single transcript that was needed for trial could be prepared. This transcript was not produced earlier due to a miscommunication about which transcripts were needed. Our request for more time was refused by the court. We are conducting a full investigation into this matter.”
Reader views (36)
Another example of being "Tough on crime, tough on the
causes of crime" heh? Will any of the Labour muppet
ministers comment on this story, please?
- Lb, Bromley, 05/03/2010 07:07
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Point blank......this is the result of our Labour Government! You cannot blame Margaret Thatcher, Winston Churchill, Henry VIII nor Her Majesty's Opposition for this ludicrous state of affairs! Criminals are walking free, heads held high, re-offending, whilst law-abiding, tax paying citizens.....that's you and me.....dread tomorrow's encounters in this lawless Britain of Tony Blair and Gordon Brown! That dreadful excuse of a Prime Minister, Gordon Brown, can come out with as many soundbites as he likes but this has all happened on his watch! This is Labour's doing.....and come the election, don't forget that! A vote for Labour is a vote of approval for the path that Tony Blair and Gordon Brown have happily sent this country down! If however this article enrages you like so many other pieces in your daily paper probably do....then exercise your right to vote at the election and KICK LABOUR OUT!
- All Tony Blair And Gordon Brown'S Fault, Vote Labour If You Want More Of The Same!, london, England, 05/03/2010 00:23
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Since we have five times more lawyers than thirty years ago, it seems incredible that there aren't enough bright sparks availbable to staff the CPS, but it seems to be the case.
A few years ago I sat on a jury (also at Snaresbrook)where the inertia of the prosecuting counsel was dire. Fortunately, we the jurors were able to think of a couple of killer questions the accused had no plausible reply to despite a year of preparation, and we convicted him. The judge gave us quite a grateful look as we left, I thought. It must be infuriating to have to watch inept prosecutors all day long.
People need to know that as jurors they can ask questions of fact, which is often all they need to do, but jurors are too often left in the dark about the potential of their role.You can really make a difference - but only if the papers have got as far as the court!
- Mdj E10, london uk, 04/03/2010 22:04
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I see lots of references to the justice system, I don't see any similarities between the Law and justice.
- Dave, Lincoln UK, 04/03/2010 21:52
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As a recently retired senior police officer who has spent many years in the investigation of major crime, I know that many of the C.P.S.qualified staff are hopeless.
With considerable sadness I have to say that they could not make a living in civvy street and thus find themselves in the C.P.S.
Many of their back up admin staff are totally incompetent and lost paperwork and mislaid files were common in most of my cases.
The pay rates are not sufficient to attract high quality staff. This appalling Government has not helped by piling more and more bureaucracy on both Police and CPS.
The mountain of paper has inevitably led to mistakes which the Defence are quick to exploit leading to vicious crimnals been discharged without trial.
- Charles, Stanmore. London, 04/03/2010 16:18
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Sadly, the CPS is staffed with a great number of not very good people. Many of us have experienced their incompetence, their lack of skills. It is time that the CPS paid more and attracted higher calibre lawyers and support staff. The criminal justice system is too important and essential to society to be left in the hands of not very good people, many of whom are amateurs and some incompetent. Keir Starmer should resign, as should the CPS advocate who is responsible for this case. Sadly, they won't. There is no accountability of public servants anymore!
- Anthony, London, 04/03/2010 16:10
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Is this there a link between the 'Dispossessed' talked standard is currently campaigning on and the rise is violent crime? Or has London always been a violent city and is actually less violent now but the crime gets much more coverage?
- Marty, London, 04/03/2010 16:00
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The lunatics have taken over the asylum?
- Allan, Brasil, 04/03/2010 15:46
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I have to say, as an American who is set to move to London in six months, this is very scary. I shudder to think how this affects how safe I will feel. I trust that the citizen's of London will demand better outcomes.
- Ashley Gray, US, 04/03/2010 15:22
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This is nothing new.....The CPS has been a disaster since it's inception 20 odd years ago.
- David, Barkingside, 04/03/2010 15:12
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Once upon a time,our justice system was admired world-wide,as was our reputation for fair play.
Mr Carter actually worked for the business development unit of the CPS,and if they even failed him,what chance do the rest of us have?
Absolutely pathetic.
- Maura Casey, London Uk, 04/03/2010 15:06
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and the prosecutors still have there well paid jobs i suppose,as usual the justice stinks more than ever,
- Basil, bussiere poitevine 87320 france, 04/03/2010 15:06
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Lots of law - But No Justice. A sign of the times we live in. Ineptness is a totally inadequate word to apply to the CPS. More like pathetic !
- J B Blackett, Hendon, 04/03/2010 15:03
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hmm, try not paying tax and see how quickly you're in jail.
- Amir, London, 04/03/2010 14:52
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You can see why people take justice into their own hands can't you?
- S-M Hearmon, London, UK, 04/03/2010 14:47
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The CPS areswift enough to prosecute people who were defending themselves or their families; but when it comes to prosecuting the attacker, they are inept to say the least.
I don`t suppose for one minute anyone at the CPS will lose their job over this debacle.
- Brian G, Norfolk Gorleston, 04/03/2010 14:42
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CPS = Criminal Protection Service. More tax payers money being put up the wall by the inept. 2m plus unemployed and the CPS is not looking for people who can actually do their job?
- Mr Innit, Jellied Eel Land, 04/03/2010 14:41
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They are all to busy chasing 5 year olds in school for calling other kids names!
- Tojo, Hythe, 04/03/2010 14:41
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Funny how my speeding fine comes through within the required timeframe, though. But then again, violent criminals can't pay fines and cost money in prisons, whereas nice little middle class criminals like me contribute to the Treasury coffers.
- David, london, 04/03/2010 14:39
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Remind me again: how much money do these lawyers get paid?
- Croyboy, Croydon, 04/03/2010 14:35
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What does the 'business development unit' of the CPS do? Encourage people to commit more crimes?
- David Short, Tunis, Tunisia, 04/03/2010 14:32
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A least the judge showed some common sense.
- Eastender, London, 04/03/2010 14:18
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Whilst the prosecutors should be taken to task it is the Judge who has allowed this man his freedom.
- Mike Melbourne, Bedford, 04/03/2010 14:13
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Thanks gordo and NuLabour, yet another example of this great coutry you have ruined, im leaving never to return
- Ben, London, 04/03/2010 14:09
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Should of added a driving offence onto the charges, soon gets seen to as this is an earner which oils the wheels of commerce.
- Bill, Hove Sussex, 04/03/2010 13:54
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The CPS are evidently more in their element when prosecuting those who are defending their homes.
- Andrew, Hampton Hill, 04/03/2010 13:52
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What a dangerous and horrible place London has become. Full of dreadful young men killing each other
- Patricia, London, 04/03/2010 13:50
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Justice? What justice?
- Darnthesafetynet, London W11, 04/03/2010 13:34
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Yet again the cycle of the great British justice system has failed again. Anything the Liberal-Lefties touch turns to poo. Well done Labour, have a pat on the back.
- Frank, Home Counties, England., 04/03/2010 13:24
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We seem to hear day after that the Crown Prosecution fails to get its' act together and because of this cases fail. No doubt the next thing we'll hear that they are being awarded large bonuses.
- John, Surrey, 04/03/2010 13:21
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Another example of our lousy justice ,eer I mean legal system.
- Alex Simmonds, Glastonbury, UK, 04/03/2010 13:20
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And their bonus at the CPS was how much???
- Very Angry At Mp'S Expenses, Home Counties, 04/03/2010 13:16
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It makes one wonder how many cases have been abandoned, not because they would not stand up to the scrutiny of the courts, but because the CPS just cannot be bothered to attend to detail.
- Bingham Macnamara, lymington, hampshire, 04/03/2010 13:16
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It is amazing how quick the authorities are to prosecute people who are trying to defend themselves or their families.
- Mark Myword, London, 04/03/2010 12:58
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Look, whether it is a matter of inadequate numbers or poor funding or both, clearly there's a problem at the CPS. I'm surprised that they got from 2007 to 2010 without the case being thrown out - almost three years for God's sake!
It is said, perhaps unfairly, that if you pay peanuts, you'll get monkeys. But there is no doubt whatsoever that lawyers can make so much more money in private practice than at the CPS. This applies to criminal practices as well as civil ones, although the latter is where the big money is to be made.
If we want a service where criminals are brought to account then we have to make the terms and conditions of the CPS lawyers attractive, to stop them going off to private practice or coax them away from it. Until that happens, nothing will change - sadly.
- The Lord High Executioner, London, 04/03/2010 12:52
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Another step in the descent of our society into violent lawlessness.
Three of my close friends have been subject to assault in recent years and the perpetrators were not even arrested.
Pathetic.
- Dan, London, 04/03/2010 12:49
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