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Stephen Lawrence Verdict: A Conviction at Any Cost?

Posted: 3/01/2012 23:53

It is no exaggeration to say that the conviction of David Norris and Gary Dobson for the murder of Stephen Lawrence is symptomatic of a criminal justice system slipping towards totalitarianism.

The alarming disregard that the establishment has shown for the rights of these men should be a catalyst for a serious and principled argument for reversing the gradual erosion of defendant's rights, which began under New Labour and has continued under the Coalition. It is time to make a case for rebalancing the scales in favour of defendants and against the incessant bowing of freedom beneath the false god of scientific objectivity.

The mood after the conviction of Norris and Dobson was self-congratulatory and jubilant. Paul Dacre, who published images of the defendants in 1997 under the headline that simply read "Murderers" whilst he was editor of the Daily Mail, called it a "glorious day for British Newspapers proving that the power of journalism, courageous headlines and relentless campaigning can act as a huge force for good in society and make a major difference to countless lives."

The Crown Prosecution Service, who brought the prosecution against the men, congratulated themselves on "a lot of hard work" and called it "the most significant case in a generation."

The quiet and dignified relief of Stephen Lawrence's parents was almost drowned out by the billowing back slapping of the media and the lawyering class.

The Crown Prosecution Service may be right to describe the case as highly significant, but not for the reasons they imagine. What was truly significant about the reaction to the Stephen Lawrence verdict was the glossing over of the enormous sacrifices that have been made in terms of traditional freedoms in the course of the Lawrence case.

Many have pointed out that the ancient principle of double jeopardy, roughly the idea that a defendant should not be tried for the same crime twice, was abrogated in order to secure the conviction of Gary Dobson. But this was just one of the rights usually afforded to defendants which the establishment chose to ignore in relation to these men.

Take, most obviously, the presumption of innocence. For many judges and journalists, Dobson and Norris were guilty long before the jury returned its verdict. In the course of the MacPhereson inquiry into the Metropolitan Police's bumbling investigation of the murder, Sir William referred to the suspects variously as "evil" and "obvious targets for early arrest."

In a special edition of the Tonight Programme, involving interviews with the suspects in 1999, Martin Bashir cross examined the Aicourts, Norris, Dobson and Knight on their accounts of their movements on the night. Bashir invited each of them to comment on unsubstantiated allegations and hearsay before claiming that the inconsistencies in their account made it "hard for anyone in the public to believe they were innocent."

The casual disregard for this fundamental assumption of English Law was typified by the 'courageous' headline from the Daily Mail in 1997 - but quite what is so 'courageous' about publishing slanderous headlines about three men who cannot afford to do anything about it remains to be seen. It is hard to remember that until Tuesday, Dobson and Norris were innocent men. The Acourts and Luke Knight remain so.

Then consider the right to silence. The defendants were continually chastised by the establishment for failing to give an account of themselves. Lord Justice Simon Brown, in the course of a ruling which confirmed the obligation on the defendants to give evidence to the MacPhereson Inquiry on pain of prosecution said "these defendants twice had the opportunity to protest their innocence and have chosen not to do so". Quoting Brown LJ, MacPherson concluded in his report that their silence meant "the press and the public cannot be blamed for voicing their suspicions about them which are current and will remain alive."

Michael Mansfield QC, the barrister who undertook the private prosecution of the men in 1994 and who has built a career on purporting to champion defendant's rights, said in an interview with the Guardian: "The Lawrence suspects had a right not to answer questions that might incriminate them. But to refuse to answer any questions beyond their names was an abuse."

Throughout the investigation and the inquiry the men were scorned for refusing to bow to judicial and media pressure to assist the police and for choosing to affirm their fundamental right to remain silent.

And what of the principle of double jeopardy? This principle of English Law lasted from the Ancient Greeks until the New Labour government decided to disregard it in the Criminal Justice Act of 2003. Double Jeopardy is often cited as originating in canon law, but its routes are more democratic.

In the Roman republic, the decision of a single Magistrate was only appealable to a Court made up from the citizens of that republic. Because blame was understood as fundamentally social, it was thought that society could not be wrong in their decisions as to how they allocated blame.

Double jeopardy was born from the fundamentally democratic idea that the decisions of the people in deciding whether someone was blameworthy simply could not be wrong.

But a noble ancestry was not enough for the New Labour government, who in 2003 abolished double jeopardy in the course of a sweeping attack on defendant's rights. The Act stipulated that the Court of Appeal could quash a jury's acquittal and order the retrial of a defendant for the same crime in the face of "new and compelling evidence" as to the defendant's guilt. It also allowed evidence of "bad character" to be shown to juries. This was why it was permitted for the jury in the Stephen Lawrence case to be played the racist surveillance footage showing the men engaging in racist and violent behaviour in Dobson's home.

It also placed an obligation on defendants to disclose the nature of their defence to the prosecution months in advance of their trial, including the names and details of all the witnesses that they intend to call. This removed the long established right of the defence to 'ambush' the prosecution at trial.

All of these reforms were driven by dangerously authoritarian assumption which became a hallmark of New Labour's approach to criminal justice in response to Lawrence's death: that the sole purpose of the Courts is to deliver accurate verdicts efficiently.

Of course, an accurate verdict is a vital goal for any justice system. But an accurate verdict means nothing if the state and the citizen are not placed on an equal footing in the course of its determination. This is why the rights accorded to defendants are vital and why any attempt to curb or ignore them should cast a significant shadow over any subsequent verdict.

It goes without saying that society is better off without Norris and Dobson. But anyone who is dedicated to protecting freedom and ensuring limits on state power should be extremely concerned after their conviction.

Their trial showcased all the authoritarian developments in our justice system since Stephen Lawrence's tragic death. It is now vital that we reinvigorate the debate around the rights of defendants and strenuously resist this incessant drive towards efficiency and accuracy. No conviction is worth the cost.

 
It is no exaggeration to say that the conviction of David Norris and Gary Dobson for the murder of Stephen Lawrence is symptomatic of a criminal justice system slipping towards totalitarianism. The...
It is no exaggeration to say that the conviction of David Norris and Gary Dobson for the murder of Stephen Lawrence is symptomatic of a criminal justice system slipping towards totalitarianism. The...
 
 
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Seaniebhoy
06:04 PM on 01/06/2012
The idea of double jeopardy was to protect a defedant from prosecutorial misconduct; for example if a person is found not guilty of a crime, and a Q.C. decides to take another run at the same defendant for the same crime using the same evidence and hope that a different jury comes to a different conclusion. What D.J. does not do is take into account technological advances in forensic science and the discovery of new evidence. IMO in cases where new and credible evidence becomes available, D.J. is out with the bathwater.
06:51 PM on 01/08/2012
You answer is incorrect when we discovered fingerprints, blood grouping etc etc we didnt go back and retry people. What may happen in future is that where the prosecution feel they haver a good case they conveniently leave out a piece of evidence which in the event of an uncoooperative jury this can be "discovered at a later date " and anpther chance given. I knowe the police and DPP never tell lies LOl
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Seaniebhoy
05:34 PM on 01/09/2012
"I knowe the police and DPP never tell lies LOl”

I can't disagree with that one mate.
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12:08 AM on 01/05/2012
Surprising these convictions took so long given the political pressures; that is, the process of expedience versus justice. However, it's not the first time, as seen in the Jill Dando murder and subsequent conviction (again, based on "discovery" of microscopic evidence).

This is not a question of guilt or innocence but the downward spiral of politicised justice system. David Blunkett and Jack Straw anyone?
10:31 PM on 01/04/2012
In the light of advances in forensic science it is inevitable that 'double jeopardy' would have to be reconsidered.

I would expect that cold cases ought to be reopened in the pursuit of justice if physical evidence exists from which data can be extracted. It would be criminal not to do so.
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Paul Houston
British and a London resident
08:34 PM on 01/04/2012
Bad cases make bad laws and sadly this has been one of the examples. We have thrown away one of the most fundamental cornerstones of justice, namely once someone is acquitted of a crime they should be able to walk away from the court without a stain on their reputation. Now that has been thrown away. My friends who consider themselves to guardians of civil rights have not said a word against this case. One of the unintended consequences of this case is that it will probably lead to a rise in acquittals. Why? You may ask. Well when a jury is is satisfied that the person is guilty beyond reasonable doubt, but not 100% sure they will acquit thinking the police will go out and find more evidence. Think it will not happen? Well in Scotland they have the "Not proven" verdict, it means the exact same as not guilty. However many people think that it means that if other evidence is discovered the case can be brought back to court. It does not. As a result there have been acquittals where the person was guilty.
01:42 AM on 01/05/2012
I doubt that in teh event of an acquittal these two chaps could have walked away "without a stain on their reputation", because their reputation is one big filthy stain.
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Seaniebhoy
06:06 PM on 01/06/2012
The problem with this "cornerstone" of the justice system is that it does not take into account the finding of new evidence...the basis of which is what these lads were convicted on. I would agree had the prosecuting Q.C. used the same case and evidence as the first trial; however the discovery of the blood and fibres - which was not possible at the time of the case - changes the issue dramatically.
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Paul Wagland
Resistance is fertile
06:26 PM on 01/04/2012
I expected to be swayed by your arguments Mr Samuel, but I'm not. The law of double jeopardy was previously too dogmatic. If important new evidence comes forward you should be able to re-try someone. The Roman ideal of allowing society to apportion blame doesn't really come into it unless society can be shown to have all the facts.

Also nobody prevented Norris and Dobson from exercising their rights to remain silent. They were criticised for doing so with such stubbornness, but that's fair enough in my view.

The Mail should be held to account for it's editorial policy (seems like contempt of court) but that's for another article.
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jacksdad41
Quant Je Puis
07:07 PM on 01/04/2012
Must agree with you Paul about double jeopardy but it should be evidence extracted by unequivocal robust facts which in this case, unless the jury had been on a different planet for 20 years, could not have delivered any other vedict. I still maintain it was not about Justice for Steven or his family, it was to exonorate the Met police, the judiciary and the high profile lawyers whos future knighthoods depended on it. The conviction, on balance was based on highly dubious fibres on a jacket that could have been contaminated by the storage of the items. No confession, no new witnesses, no further compelling evidence. This story has a lot more left in it yet.
01:43 AM on 01/05/2012
"The conviction­, on balance was based on highly dubious fibres on a jacket that could have been contaminat­ed by the storage of the items."

That possibility was considered at length by the court, and rejected by the jury.
06:06 PM on 01/04/2012
Luke, you present a reasoned argument for fighting for the fundamental tenets of democracy. But for whom? 2000 years after Greco Roman gladiators killed for their freedom, democracy is still here! Is it not more realistic to follow the path of integration of the many ethnic groups into the UK ? Are we not talking here about fighting for our civilisation, and its need to encompass moral choices that safeguard the dignity of those very same ethnic groups? We have moved a long long way from the bigoted, narrow minded, self serving rights of Enoch Powell's "Rivers of Blood" speech. New Labour has brought about the initiation of a caring multi-racial society in the UK, providing genuine respite from genocides around the world to those who really need it. Perhaps we now need to turn over the continued mismanagement of world resources, as practiced in the City of London and other world markets, where the over protection of financial hooligans by a benign judicial system is in need of some real tonic.We may yet get to the heart of the cancer! There was no double jeopardy for Stephen Lawrence. The dignity of his family can teach us a lot! Anything that equalises the long reign of historical terror and abuse for all ethnic minorities is certainly karmic, and a long overdue penance. Let us all work together to rid our society of all notions of supremacist rhetoric, and rightly hold the political class and their economic masters to account!
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jacksdad41
Quant Je Puis
06:42 PM on 01/04/2012
I am sure that PC Keith Blakelocks family would have plenty to say about New Labours "caring multi racial society in the UK" and your parallel to "financial hooliganism" is astonishingly stupid, Labour presided over the financial bandits and even encouraged them up to and including the collapse, policed by the inept FSA under the watchful eye of the Bank of England, again, given freedom to do as they pleased by New Labour.
01:44 AM on 01/05/2012
The two cases are not the same, so your analogy is unsound.
05:46 PM on 01/04/2012
I don't want to live in this country any more. There is a complete imbalance regarding racial crimes. I''ll let you work it out.
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jacksdad41
Quant Je Puis
05:34 PM on 01/04/2012
Well written and begs more questions than answers, at the outset (and after their conviction it is safe to say it) the 2 were never going to get a fair trial anywhere on the planet. We have prostituted the double jeopardy law to prove and move the goalposts so the gallows which were already erected can now be used. The remaining "suspects" are still quite rightly terrified as there is no way they can expect fairness in the same way as their convicted acqaintances could expect fairness. The really unpalatable truth is the actual crime and for a great part the Lawrence family are very much secondary as the order of the day was to convict at any price, re-arrange anything in order to do so and repeal / create / abandon any previous points of law that ensured the result was obtained. It was a pyrhic victory for the Lawrence family and a pretty terrifying day for the law and justice in general.
01:47 AM on 01/05/2012
I know you did not mean this, but justice and the law SHOULD be terrifying.

I hope that the suspects (note my lack of inverted commas) are terrified. They should be. They should be terrified for the rest of their lives; terrified of the judgement to come.