The ones that got away

What about the gang members not convicted of the murder of Stephen Lawrence?

Everyone knows who killed Stephen Lawrence. It was a gang of vile thugs, two of whom were convicted of murder yesterday, on the basis of forensic evidence. Everyone thinks they know who the other thugs were in what the criminal law rightly classes as a "joint enterprise". Many even know them by name and would recognise their photographs. It surely can only be a matter of time before the other ones are prosecuted and convicted.

But what do we actually know? As it stands there appears to be no forensic evidence linking any of the other individuals to the horrific crime of Stephen Lawrence's murder. There is also no eye witness evidence which can be put before a court. As the Court of Appeal pointed out regarding the original prosecution when quashing the acquittal of Gary Dobson so that he could again stand trial:

Following their arrests, Knight and Neil Acourt were charged with the murder of Stephen Lawrence, after each of them was identified on identification parades by Duwayne Brooks as part of the attacking group of white youths. However the reliability of these identifications was called into serious question. On any view Brooks had found himself in a frightening situation, with only a brief opportunity for making a correct identification at night, under artificial light, in a desperately fast-moving incident.

Moreover, after he had identified Knight, he himself confirmed to an independent police officer that he had not actually seen the faces of any of the attacking group, but had been given a description of them before he took part in the parades. Accordingly, the prosecution of Knight and Neil Acourt was discontinued.

As to Dobson, he was never identified by anyone. [...]

The evidence of Brooks was crucial to the success of the prosecution, but as we have indicated, it was flawed. The question whether his evidence should be placed before the jury was examined in detail at a voir dire. Brooks gave evidence on three days. After hearing argument, Curtis J concluded that his evidence of identification of any of those involved in the attack on Stephen Lawrence was inadmissible. The judgment was impeccable, the reasoning clear, and the conclusion unavoidable.

And so we have a gap. On one hand, there are three alleged murderers who many sensible and informed people believe with complete certainty were part of the gang which attacked Lawrence. On the other hand, there seems -- at least currently -- to be no available evidence to warrant any prosecution, let alone convictions beyond reasonable doubt.

This is the sort of situation which usually cannot hold. If the matter cannot be tried in a court of law, then it seems it will be tried in the so-called court of popular opinion. But the problem with those who "everybody knows" are guilty is that they sometimes are not, at least not of the crime being alleged. Many miscarriages of justice and media sensations have been on the misconceived basis that they "must" be guilty. Examples do not even have to be listed; we all know them.

Unless there is new evidence -- possibly either in forensic form or a confession by one of the two now convicted murderers -- then the dreadful situation will persist of there not being any further prosecution of the others widely suspected of killing Lawrence. No tabloid campaign or new judicial inquiry can change this stark fact.

Had the police conducted a competent initial murder inquiry in the days after Lawrence's murder, there would perhaps be other evidence. But for whatever bad reason the police did not do so. Such helpful evidence cannot now be contrived, and there cannot be any prosecution without evidence. Mere certainty, however well-grounded and widespread, is not enough. The Crown has to prove guilt beyond reasonable doubt, and popular opinion is not admissible in court.

So what should happen to those suspected of murder, but still at large? Should there be no adverse comments? No negative publicity? Should everyone just hold their tongue? Well, without the prospect of proceedings, there is no "due process" to be respected, as there is no determination of guilt in the offing. In that way, there is no legalistic objection to popular opprobrium. It is not sub judice.

However, one day there could be new evidence. There may be a further advance in forensic science which would affect this case. Or there could be a confession implicating another. In those circumstances, there would need to be "due process" with the innocence being presumed until guilt is proved. But would that now be really possible? There is no doubt that the defence lawyers of those prosecuted would contend a fair trial would not now be possible; but, as the Court of Appeal showed when quashing Dobson's acquittal, the courts can be robust in saying that trials should go ahead even when there has been bad publicity. But this robustness is not inevitable.

It may be important that we can join the clamour of condemning those who look as if they have evaded justice. Unfortunately, that same clamour can also be exploited to help the culprit escape justice. Accordingly, even when not legally required for a current legal case, the presumption of innocence until proven guilty remains a sensible policy. Those seeking to escape justice really do not need any further help to get away with it.

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

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Theresa May’s stage-managed election campaign keeps the public at bay

Jeremy Corbyn’s approach may be chaotic, but at least it’s more authentic.

The worst part about running an election campaign for a politician? Having to meet the general public. Those ordinary folk can be a tricky lot, with their lack of regard for being on-message, and their pesky real-life concerns.

But it looks like Theresa May has decided to avoid this inconvenience altogether during this snap general election campaign, as it turns out her visit to Leeds last night was so stage-managed that she barely had to face the public.

Accusations have been whizzing around online that at a campaign event at the Shine building in Leeds, the Prime Minister spoke to a room full of guests invited by the party, rather than local people or people who work in the building’s office space.

The Telegraph’s Chris Hope tweeted a picture of the room in which May was addressing her audience yesterday evening a little before 7pm. He pointed out that, being in Leeds, she was in “Labour territory”:

But a few locals who spied this picture online claimed that the audience did not look like who you’d expect to see congregated at Shine – a grade II-listed Victorian school that has been renovated into a community project housing office space and meeting rooms.

“Ask why she didn’t meet any of the people at the business who work in that beautiful building. Everyone there was an invite-only Tory,” tweeted Rik Kendell, a Leeds-based developer and designer who says he works in the Shine building. “She didn’t arrive until we’d all left for the day. Everyone in the building past 6pm was invite-only . . . They seemed to seek out the most clinical corner for their PR photos. Such a beautiful building to work in.”

Other tweeters also found the snapshot jarring:

Shine’s founders have pointed out that they didn’t host or invite Theresa May – rather the party hired out the space for a private event: “All visitors pay for meeting space in Shine and we do not seek out, bid for, or otherwise host any political parties,” wrote managing director Dawn O'Keefe. The guestlist was not down to Shine, but to the Tory party.

The audience consisted of journalists and around 150 Tory activists, according to the Guardian. This was instead of employees from the 16 offices housed in the building. I have asked the Conservative Party for clarification of who was in the audience and whether it was invite-only and am awaiting its response.

Jeremy Corbyn accused May of “hiding from the public”, and local Labour MP Richard Burgon commented that, “like a medieval monarch, she simply briefly relocated her travelling court of admirers to town and then moved on without so much as a nod to the people she considers to be her lowly subjects”.

But it doesn’t look like the Tories’ painstaking stage-management is a fool-proof plan. Having uniform audiences of the party faithful on the campaign trail seems to be confusing the Prime Minister somewhat. During a visit to a (rather sparsely populated) factory in Clay Cross, Derbyshire, yesterday, she appeared to forget where exactly on the campaign trail she was:

The management of Corbyn’s campaign has also resulted in gaffes – but for opposite reasons. A slightly more chaotic approach has led to him facing the wrong way, with his back to the cameras.

Corbyn’s blunder is born out of his instinct to address the crowd rather than the cameras – May’s problem is the other way round. Both, however, seem far more comfortable talking to the party faithful, even if they are venturing out of safe seat territory.

Anoosh Chakelian is senior writer at the New Statesman.

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