Why legal aid reforms must be stopped, Exhibit B: the "murderer"

Innocent people could be in jail if proposed changes to the legal system are implemented. Here is one of them.

In the previous post I told how a doting granddad ended up on a child pornography charge due to a combination of finger pointing and police and Crown Prosecution Service (CPS) inadequacies. Similar themes run through this story of Exhibit B, but the crime is more serious. This is another case that goes to show that not everyone who ends up in court is a scumbag criminal. It illustrates why everyone should be entitled to independent, quality, legal representation.

NB this is a true story. Certain details that don’t relate to the factual and legal process have been changed to protect those who were involved.

Used and unused evidence

I’ve mentioned the idea of used and unused evidence before. Lawyers get a fee for ”used evidence” based on page count. Unused evidence doesn’t attract any fee. The Crown decides what is “used” and “unused”. There were about 5000 pages of “used evidence” and over 20000 (yes, twenty thousand) pages of “unused evidence” in Exhibit B’s murder case. The kitchen table couldn’t accommodate all this. So the “unused evidence” was spread all over the living room floor, in ever shifting piles. For two weeks.

Quite often evidence arrives with the lawyer as if the CPS has thrown it all in the air, then gathered it up and put an elastic band around it. Before my husband could start to read these 20000 pages he had to put them in some semblance of order. Once he’d got it in order he started to read it. But you can’t read it in order, like you read a novel. There is no beginning middle and end, well, not at this point there isn’t. The lawyer has to find them out. So he kept going backwards and forwards, from one pile to another and back again.

This investigation had been rumbling on for a few years. When the murder was still fresh, years before the papers landed in my living room, an appeal had gone out on Crimewatch. It featured in local and national news etc. There was a reconstruction and an artist’s impression of the suspect based on a description given by an eye witness. There was a lot of interest.  As well as the “unused evidence” my husband also got hold of a copy of the Crimewatch episode, and a heap of press cuttings.

My husband took two weeks out of court to go through all of this material. Remember that they don’t get paid for “unused evidence”. Two weeks earning nothing. But it had to be done, so he would know all there was to know about this case, and could act in the best interest of his client.

Golden nugget

Ten days after the living room was first flooded with paper, my husband had a eureka moment. He came across a golden nugget, one piece of A4 paper that made sense. It was the notes of the artist who had created the impression of the suspect. The image that had been broadcast around the country. The image had a prominent facial feature and the artist had used shading to indicate this. The notes clarified what the shading was supposed to indicate, and what it was not supposed to indicate.  The police report, and all the subsequent media reports had got this detail the wrong way round.

A fork in the road

So pretty much as soon as the investigation started, unbeknownst to the police, it reached a fork in the road. One probably quite junior officer got the detail about the impression the wrong way round, reported it up the chain and the investigation went off down the wrong fork.

Reading the “unused” material my husband could see there was clear evidence, forensic evidence, that could have got the police back on the right track and even pointed towards the real murderer. The twenty thousand pages started to make sense. But because the police had been fixated on this one detail, the detail that they’d got round the wrong way, they kept pushing all the other evidence aside. This early mistake was perpetuated all the way to trial.

His day in court

After over 12 months in prison on remand, Exhibit B’s case came to court. The prosecution opened their case, repeating the mistake that the police had made right at the beginning, all those years before. This mistake was only corrected when the eye witness took the stand and gave his evidence to the jury. Needless to say there were gasps and red faces all around the courtroom.

There were many other things that went wrong or got missed in the investigation of this crime. But the detail about the artists’ impression had created a domino effect concerning the other evidence.

After four weeks the judge stopped the trial. He directed the jury to find Exhibit B not guilty, and gave them six different reasons why it was absolutely impossible for him to have been the murderer. After nearly two years of hell Exhibit B walked free.

Why this story should matter to you

  1. Police & CPS procedure – it is clear that the officer in charge of the case had not done what my husband had done, and sat down and read everything. Evidence is collated and summarised in reports, which are passed up and up through the police rank structure. By the time it gets to the top it is a case of “Chinese whispers”. What the top guy reads is not always an accurate reflection of the evidence.
  2. Performance targets – it is unrealistic to expect the police and prosecution to read all of the evidence in every case under the current system. It certainly won’t be possible, even for the defence, under the proposed system. The allocated defence lawyer will be working to targets, working for profit. He won’t have the time to take two weeks out to find the golden nugget. He’ll take a quick look at the evidence, see that it looks pretty damning, and advise the client to plead guilty.
  3. The real scumbag criminal got away with it – as far as we know the real murderer is still at large. The proposed system will lead to more of this. Because if lawyers are to be paid the same whether clients go to trial or not, there will be fewer trials. Fewer trials means less opportunity for upcoming solicitors and barristers to cut their teeth. Less practice on the more simple cases will lead to less proficiency on the complex ones. This will hold for both the defence AND the prosecution. The end result more innocent people going to prison, more guilty people getting away, quite literally, with murder.
  4. It could happen to you – Exhibit B got picked up for this because he had happened to be in the right place at the wrong time. The Crown’s own evidence showed he could not have been at the murder scene at the right time. He served over a year in prison on remand waiting for trial for something he didn’t do. I’ll spare you the details of what happened to him while he was there. And even though he was found not guilty, mud sticks. He was a young man, just starting out. His life was ruined.
  5. Innocence is not interesting – there was a journalist in court for Exhibit B’s trial. Every day there were articles in the local and national papers saying what a nasty piece of work he was. Once the case was thrown out my husband collared the journalist and demanded that he write the story up, listing the points as the judge had directed the jury. Guess what? He didn’t do it. No wonder the public always believe people are guilty until proven innocent.

Help save our justice system

As things stand the proposed changes to the criminal justice system are going to be brought in under secondary legislation, without any debate. If it comes to pass, in future young men like Exhibit B will be fed to the wolves.

The Save UK Justice e-petition needs 100 000 people to sign it in order for there to be a debate in parliament. If you have not already signed the petition please do so.

Our next scumbag criminal will be Exhibit C – the “paedophile”.

This piece is part of a series of posts exhibiting people at risk due to legal aid changes. It is cross-posted with permission from the A Barrister's Wife blog.

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Barrister's Wife is a barrister's wife. She writes a pseudonymous blog which offers a behind closed doors view of the justice system.

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An unmatched font of knowledge

Edinburgh’s global reputation as a knowledge economy is rooted in the performance and international outlook of its four universities.

As sociologist-turned US Senator Daniel Patrick Moynihan recognised when asked how to create a world-class city, a strong academic offering is pivotal to any forward-looking, ambitious city. “Build a university,” he said, “and wait 200 years.” He recognised the long-term return such an investment can deliver; how a renowned academic institution can help attract the world. However, in today’s increasingly globalised higher education sector, world-class universities no longer rely on the world coming to come to them – their outlook is increasingly international.

Boasting four world-class universities, Edinburgh not only attracts and retains students from around the world, but also increasingly exports its own distinctively Scottish brand of academic excellence. In fact, 53.9% of the city’s working age population is educated to degree level.

In the most recent QS World University Rankings, the University of Edinburgh was named as the 21st best university in the world, reflecting its reputation for research and teaching. It’s a fact reflected in the latest UK Research Exercise Framework (REF), conducted in 2014, which judged 96% of its academic departments to be producing world-leading research.

Innovation engine

Measured across the UK, annual Gross Value Added (GVA) by University of Edinburgh start-ups contributes more than £164m to the UK economy. In fact, of 262 companies to emerge from the university since the 1960s, 81% remain active today, employing more than 2,700 staff globally. That performance places the University of Edinburgh ahead of institutions such as MIT in terms of the number of start-ups it generates; an innovation hothouse that underlines why one in four graduates remain in Edinburgh and why blue chip brands such as Amazon, IBM and Microsoft all have R&D facilities in the city.

One such spin out making its mark is PureLiFi, founded by Professor Harald Haas to commercialise his groundbreaking research on data transmission using the visible light spectrum. With data transfer speeds 10,000 times faster than radio waves, LiFi not only enables bandwidths of 1 Gigabit/sec but is also far more secure.

Edinburgh’s universities play a pivotal role in the local economy. Through its core operations, knowledge transfer activities and world-class research the University generated £4.9bn in GVA and 44,500 jobs globally, when accounting for international alumni.

With £1.4bn earmarked for estate development over the next 10 years, the University of Edinburgh remains the city’s largest property developer. Its extensive programme of investment includes the soon-to-open Higgs Centre for Innovation. A partnership with the UK Astronomy Technology Centre, the new centre will open next year and will supply business incubation support for potential big data and space technology applications, enabling start-ups to realise the commercial potential of applied research in subjects such as particle physics.

It’s a story of innovation that is mirrored across Edinburgh’s academic landscape. Each university has carved its own areas of academic excellence and research expertise, such as the University of Edinburgh’s renowned School of Informatics, ranked among the world’s elite institutions for Computer Science. 

The future of energy

Research conducted into the economic impact of Heriot-Watt University demonstrated that it generates £278m in annual GVA for the Scottish economy and directly supports more than 6,000 jobs.

Set in 380-acres of picturesque parkland, Heriot-Watt University incorporates the Edinburgh Research Park, the first science park of its kind in the UK and now home to more than 40 companies.

Consistently ranked in the top 25% of UK universities, Heriot-Watt University enjoys an increasingly international reputation underpinned by a strong track record in research. 82% of the institution’s research is considered world-class (REF) – a fact reflected in a record breaking year for the university, attracting £40.6m in research funding in 2015. With an expanding campus in Dubai and last year’s opening of a £35m campus in Malaysia, Heriot-Watt is now among the UK’s top five universities in terms of international presence and numbers of international students.

"In 2015, Heriot-Watt University was ranked 34th overall in the QS ‘Top 50 under 50’ world rankings." 

Its established strengths in industry-related research will be further boosted with the imminent opening of the £20m Lyell Centre. It will become the Scottish headquarters of the British Geological Survey, and research will focus on global issues such as energy supply, environmental impact and climate change. As well as providing laboratory facilities, the new centre will feature a 50,000 litre climate change research aquarium, the UK Natural Environment Research Council Centre for Doctoral Training (CDT) in Oil and Gas, and the Shell Centre for Exploration Geoscience.

International appeal

An increasingly global outlook, supported by a bold international strategy, is helping to drive Edinburgh Napier University’s growth. The university now has more than 4,500 students studying its overseas programmes, through partnerships with institutions in Hong Kong, Singapore, China, Sri Lanka and India.

Edinburgh Napier has been present in Hong Kong for more than 20 years and its impact grows year-on-year. Already the UK’s largest higher education provider in the territory, more than 1,500 students graduated in 2015 alone.

In terms of world-leading research, Edinburgh Napier continues to make its mark, with the REF judging 54% of its research to be either world-class or internationally excellent in 2014. The assessment singled out particular strengths in Earth Systems and Environmental Sciences, where it was rated the top UK modern university for research impact. Taking into account research, knowledge exchange, as well as student and staff spending, Edinburgh Napier University generates in excess of £201.9m GVA and supports 2,897 jobs in the city economy.

On the south-east side of Edinburgh, Queen Margaret University is Scotland’s first university to have an on-campus Business Gateway, highlighting the emphasis placed on business creation and innovation.

QMU moved up 49 places overall in the 2014 REF, taking it to 80th place in The Times’ rankings for research excellence in the UK. The Framework scored 58% of Queen Margaret’s research as either world-leading or internationally excellent, especially in relation to Speech and Language Sciences, where the University is ranked 2nd in the UK.

In terms of its international appeal, one in five of Queen Margaret’s students now comes from outside the EU, and it is also expanding its overseas programme offer, which already sees courses delivered in Greece, India, Nepal, Saudi Arabia and Singapore.

With 820 years of collective academic excellence to export to the world, Edinburgh enjoys a truly privileged position in the evolving story of academic globalisation and the commercialisation of world-class research and innovation. If he were still around today, Senator Moynihan would no doubt agree – a world-class city indeed.

For further information www.investinedinburgh.com