Justice for Mark Duggan demands that we change the law on intercept evidence

Our absurd laws mean there may never be a public inquest into Duggan's death at the hands of the police.

On 4 August 2011, Mark Duggan was killed by police in Tottenham. Two days later, a peaceful protest escalated into a riot. The looting and arson that followed saw five people killed, dozens injured and businesses destroyed. This summer British troops protected Olympic venues. Last summer some wanted them brought in to restore order on London’s streets.

Yet remarkably, there may never be a public inquest into Mark Duggan’s death. The reason? Britain’s rules on the use of intercept evidence. For justice to prevail, the law must be changed.

Since 1194, coroners have held inquests to investigate deaths which are suspicious, violent or occur at the hands of the state. These inquests are public. They ensure not only that the facts are found, but also that justice is seen to be done. They satisfy our need to understand why the death happened and how future tragedies can be prevented.

As things stand, intercept evidence – records of tapped phone calls and intercepted emails – cannot be used in British courts or at public inquests. Therefore, because vital evidence regarding Duggan’s movements in the hours leading up to his death is intercept evidence, there can be no public inquest.

This is not the first time the British tradition of open justice has been hamstrung by these rules. Londoner Azelle Rodney died after being shot six times by Metropolitan Police officers in April 2005. Intercept evidence exists which could shed light on his death, but since this cannot be used in open court, no public inquest has ever been held.

The year after Azelle Rodney’s death, counter-terrorism police arrested 24 suspects in connection with a plot to bomb airliners by detonating explosives hidden in soft drink bottles. Yet even for this trial, intercept evidence obtained in Britain could not be used. In the end, prosecutors were able to show the jury some evidence but only because it came from the Yahoo server in the USA, not Britain.

The government has promised an inquiry, but that is not good enough. We need a full, public inquest led by a judge, with a jury deciding on the evidence. It is intolerable that in a civilised, democratic society the relatives of British citizens killed at the hands of the state can be denied a public inquest into their deaths. It is even more intolerable when that death led to days of chaos. We all have a right to an inquest.

The law is not only wrong – it is absurd. Intercept evidence is treated differently to other surveillance evidence. So if the police follow you, they can use what they see as evidence in court. But if they tap your mobile phone, they can’t even tell the court that they did it, let alone tell the court what they heard. On this issue, Britain stands alone. There is no law like this in the rest of Europe or the US. Indeed, the Americans would not have been able to jail mafia bosses like John Gotti without the use of crucial intercept evidence.  The Independent Police Complaints Commission agrees with us, as do the Metropolitan Police and politicians of all parties.

The communities affected by the riots are still tinder boxes. To avoid a repeat of that appalling violence, we need a public inquest which is open, fair and completely beyond suspicion. We need a renewed commitment to our country’s history of open justice. This is not the first time a death at the hands of the police has passed by without an inquest. If this law on intercept evidence is not changed, it will not be the last.

David Davis is Conservative MP for Haltemprice and Howden. David Lammy is Labour MP for Tottenham

Friends and family attend the funeral of Mark Duggan at the New Testament Church of God in Wood Green on September 9, 2011. Photograph: Getty Images.

David Davis is the Conservative MP for Haltemprice and Howden

David Lammy is the Labour MP for Tottenham

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Appreciate the full horror of Nigel Farage's pro-Trump speech

The former Ukip leader has appeared at a Donald Trump rally. It went exactly as you would expect.

It is with a heavy heart that I must announce Nigel Farage is at it again.

The on-again, off-again Ukip leader and current Member of the European Parliament has appeared at a Donald Trump rally to lend his support to the presidential candidate.

It was, predictably, distressing.

Farage started by telling his American audience why they, like he, should be positive.

"I come to you from the United Kingdom"

Okay, good start. Undeniably true.

"– with a message of hope –

Again, probably quite true.

Image: Clearly hopeful (Wikipedia Screenshot)

– and optimism.”

Ah.

Image: Nigel Farage in front of a poster showing immigrants who are definitely not European (Getty)

He continues: “If the little people, if the real people–”

Wait, what?

Why is Trump nodding sagely at this?

The little people?

Image: It's a plane with the name Trump on it (Wikimedia Commons)

THE LITTLE PEOPLE?

Image: It's the word Trump on the side of a skyscraper I can't cope with this (Pixel)

THE ONLY LITTLE PERSON CLOSE TO TRUMP IS RIDING A MASSIVE STUFFED LION

Image: I don't even know what to tell you. It's Trump and his wife and a child riding a stuffed lion. 

IN A PENTHOUSE

A PENTHOUSE WHICH LOOKS LIKE LIBERACE WAS LET LOOSE WITH THE GILT ON DAY FIVE OF A PARTICULARLY BAD BENDER

Image: So much gold. Just gold, everywhere.

HIS WIFE HAS SO MANY BAGS SHE HAS TO EMPLOY A BAG MAN TO CARRY THEM

Image: I did not even know there were so many styles of Louis Vuitton, and my dentists has a lot of old copies of Vogue.

Anyway. Back to Farage, who is telling the little people that they can win "against the forces of global corporatism".

 

Image: Aaaaarggghhhh (Wikipedia Screenshot)

Ugh. Okay. What next? Oh god, he's telling them they can have a Brexit moment.

“... you can beat Washington...”

“... if enough decent people...”

“...are prepared to stand up against the establishment”

Image: A screenshot from Donald Trump's Wikipedia page.

I think I need a lie down.

Watch the full clip here:

Stephanie Boland is digital assistant at the New Statesman. She tweets at @stephanieboland