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24/06/2008
Ruling Halts High Profile Murder Case
A £6 million murder trial has been given the red light at the Old Bailey following a Law Lords ruling.
Judge David Paget presiding over the case said the trial of two men accused of murdering Charles Butler, had been "derailed" by the ruling.
It is understood that case will act as a precedent for many others.
Law Lords ruled that the defendants had a "right to know" the identity of those testifying against them.
The Law Lords argued that it was "a fundamental principle of English Law that the accused should be able to see his accusers and challenge them".
It is understood that four witnesses had given evidence under false names and from behind screens during the two-month trial in 2004.
The case, the first affected by the ruling, will be retried in February 2009.
Mr Butler, 50, was shot in the neck outside the Matapan pub in Dagenham, east London, in October 2004. He died at the Oldchurch Hospital after spending eight months on a life-support machine.
In January, 2005, police offered a £25,000 award for information to help track those responsible.
Douglas Johnson, 27, and David Austin, both of south London, have denied murder.
Prosecutor Timothy Cray says that a retrial of the case will be held next year. Some reports suggest that it will be in February.
However, Justice Secretary Jack Straw says that there is a "real need" for some witnesses to have their identity protected.
He said he would change the law "as quickly as possible" to restore anonymity to witnesses.
A Ministry of Justice spokeswoman said that the judgement was being studied carefully and that it was "urgently considering its implications, including amending statutory law".
Ravi Sukul, a defence lawyer in the case, welcomed the ruling and said that anonymity created "a serious disadvantage" for defendants.
"The bottom line is, in my opinion, that fairness has prevailed," he said.
Recent high-profile trials which have used anonymous witness testimony include those following the murder of Michael Dosunmu and care worker Magda Pniewska.
See: Men Found Guilty For 'Mistaken Identity' Killing
Man Given Life For 'Wild West' Shooting
(DS)
Judge David Paget presiding over the case said the trial of two men accused of murdering Charles Butler, had been "derailed" by the ruling.
It is understood that case will act as a precedent for many others.
Law Lords ruled that the defendants had a "right to know" the identity of those testifying against them.
The Law Lords argued that it was "a fundamental principle of English Law that the accused should be able to see his accusers and challenge them".
It is understood that four witnesses had given evidence under false names and from behind screens during the two-month trial in 2004.
The case, the first affected by the ruling, will be retried in February 2009.
Mr Butler, 50, was shot in the neck outside the Matapan pub in Dagenham, east London, in October 2004. He died at the Oldchurch Hospital after spending eight months on a life-support machine.
In January, 2005, police offered a £25,000 award for information to help track those responsible.
Douglas Johnson, 27, and David Austin, both of south London, have denied murder.
Prosecutor Timothy Cray says that a retrial of the case will be held next year. Some reports suggest that it will be in February.
However, Justice Secretary Jack Straw says that there is a "real need" for some witnesses to have their identity protected.
He said he would change the law "as quickly as possible" to restore anonymity to witnesses.
A Ministry of Justice spokeswoman said that the judgement was being studied carefully and that it was "urgently considering its implications, including amending statutory law".
Ravi Sukul, a defence lawyer in the case, welcomed the ruling and said that anonymity created "a serious disadvantage" for defendants.
"The bottom line is, in my opinion, that fairness has prevailed," he said.
Recent high-profile trials which have used anonymous witness testimony include those following the murder of Michael Dosunmu and care worker Magda Pniewska.
See: Men Found Guilty For 'Mistaken Identity' Killing
Man Given Life For 'Wild West' Shooting
(DS)
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