Showing posts with label police. Show all posts
Showing posts with label police. Show all posts

Sunday, January 16, 2011

Ex-PC Mark Kennedy courts the press...

Whatever your views about the rights and wrongs of using 'undercover' police officers to infiltrate environmentalist groups bent on 'direct action' (and for what it's worth I would be very disappointed in them if they weren't), you may agree with me when I observe that for a man supposedly living 'in fear of his life' after he was exposed as such an officer, Mark Kennedy has hardly acted as he might have been expected to if his fear was genuine.

On what do I base that assertion?

Well call me old-fashioned, but agreeing to have your photograph taken (after transforming your appearance back to what most people would refer to as 'normal') and printed in a national Sunday newspaper is hardly the action of a man fearful of an imminent lethal attack, is it?

Either that, or he's an imbecile.

And by the way; has anyone else noticed his rather startling resemblance to the late Marty Feldman?

Wednesday, November 10, 2010

Of students, fees and riots...

Wasn't it wearily predictable that today's student tuition fee protest would descend into anarchy and violence?

Please don't take that as a criticism of the initial 'light touch' tactical response from the police; after the noisy shellacking (hat tip B H Obama Esq.) they took after the G20 protest - much of it from the usual suspects, it must be said - they could have hardly done anything else, irrespective of what the Daily Wail may suggest in their incresingly tedious campaign of vilification of the police who, it seems in the curious world the Wail inhabits, are damned if they do and damned if they don't.

And I don't blame the NUS, either, for that matter. Their entirely sensible president summed up their position very succinctly in observing that a small minority of protestors had hijacked their march, whilst describing the violence as 'despicable'.

No, I lay the blame fairly and squarely at the feet of the criminals (how else would you describe them?) who forced their way into the building at Millbank and did all kinds of damage, including setting fires in what is a multi-storey office block, before accessing the roof and throwing items down on the heads of police and protesters alike beneath them.

From what I have seen on the evening news, many of those who forced their way into the building and committed the offences I have referred to, have been corralled on the ground floor by the police. I trust that each and every one of them will be arrested and where the evidence justifies it- frankly their presence should suffice, given the circumstances - prosecuted to the fullest extent of the law.

Oh, and in the event that any of them actually happen to be students, that on conviction - and only then - they are summarily excluded from their university and any other such institution in this country for life, in addition to the (more than likely derisory) penalty the courts choose to impose.

I wonder what sort of response Sir Paul Stephenson will arrange next time there is a large demonstration in London? G20, Millbank or an as yet unidentified 'middle way'?

Doubtless we'll find out in the fullness of time, and with the same weary predictability I mentioned at the beginning of this post, doubtless the Daily Wail will criticise that as well...

Thursday, August 05, 2010

Could Bamber be innocent after all?

As something of a student of these things, I have to say that, irresepective of my now oft-repeated support for the presumption of innocence, I had always thought that the jury in the Jeremy Bamber trial got the verdict right, even if it was by the tightest possible margin of 10 - 2.

However, this article in today's Daily Telegraph gives me cause to reconsider that position.

If, as it would appear, Bamber's father telephoned the police on the night of the murders, suggesting that his daughter had gone 'berserk' and stolen one of his guns, it throws a second call, made to the police ten minutes later by Jeremy Bamber himself, into even sharper focus than before.

Because in that call, Jeremy Bamber told police that he had just spoken to his father, and went on to recount an almost identical account to that allegedly contained in the newly-uncovered call made by his father.

As the article goes on to say, the legitimacy or otherwise of that call was to play a vital role in the jury's deliberations, as the judge himself described the matter as pivotal to the case.

Unfortunately, the jury were not made aware of either the existence, or the content of the earlier alleged call from Bamber's father, a call which on any reading of the facts of this troubling case, would have strengthened his son's defence immeasurably if its contents are as they have been reported.

All that said, there is still an amount of evidence which points to Jeremy Bamber's guilt: his mention of the potential inheritance of £426,000 were all his relatives to perish, the existence of certain forensic evidence linking him to the murder weapon and the alleged discussion with a former girlfriend of the possibilty of hiring a hit-man to kill them, to name but three of the most compelling.

But that is to avoid a fundamental issue.

The jury responsible for convicting him - by the thinnest of margins, remember - were never told of the existence of the newly reported phone call from Bamber's father; a call which if it, at the risk of sounding repetetive, actually happened and was as has been reported, undoubtedly lends credibility to Bamber's account that his father had in fact phoned him; an issue described, remember, as one about which the entire case turned.

I see that the case is back with the Criminal Cases Review Commission.

Good.

If this evidence actually exists, it has the capacity to cast doubt on the safety of Bamber's conviction and the matter ought to be brought back before the Court of Appeal as quickly as it can be.

Bamber might just be innocent, and if this new evidence is credible, a new jury in possession of all the facts, must be allowed to consider that possibility.

Monday, March 15, 2010

Ashok Kumar: Has history repeated itself?

Reading this account of the 'sudden, accidental' death of Labour MP Ashok Kumar, I am reminded of the untimely death in 1994 of another MP, Stephen Milligan, the unusual circumstances of which are still a talking point, even today.

I wonder, as respectfully as possible, if there will be similar revelations about Mr Kumar?

Of course, we will have to first await the result of the police investigation and then, possibly, that of the ensuing Inquest before we find out. But given the way the report is written, describing MrKumar as 'a single man', with 'no underlying health problems', adding that there are 'no suspicious cicumstances or third party involvement', I think it's a distinct possibility.

For now, though, the Throne sends its condolences to his friends and family.

Update 16.3.10

I'm pleased to be able to say that it would appear that my suspicions about the manner of Dr Kumar's death were unfounded. Just goes to show that putting two and two together can sometimes leave you staring at five.

Monday, January 11, 2010

Ali Dizaei: the high-stakes 'game' is afoot...

The 'game of high stakes' I wrote about here is now most definitely afoot.

I await developments in the case with interest...

Thursday, September 17, 2009

The English 'Columbine' Two...

Regular visitors to the Throne will recall that I yield to no man in the strength of my support for the presumption of innocence in respect of those charged with criminal offences. For newer, or more occasional visitors, I have written of my support for the concept in cases as diverse as the recent Gerrard ‘affray’ case, of which of course, he was famously acquitted, the Ali Dizaei case and the potential charges to be levelled against the police officer involved in the death of Ian Tomlinson at the G20 protest in London.

That said, any civilised society, and despite the best efforts of the present government, we still just about qualify to consider ourselves as such, requires a robust system for managing the prosecution of (potential) offenders. Every such system of which I am aware is centred on there being independent courts of law in which those accused of criminal behaviour may plead their innocence in front of a jury of their peers.

That, in essence, is what I understand to be role of the criminal courts: to assess whether those accused of offences are either guilty as charged or not.

That is why I am astonished by the tidal wave of legal and journalistic criticism being faced by the Greater Manchester Police and, more savagely, the Crown Prosecution Service, for instituting criminal proceedings against Matthew Swift and Ross McKnight, the teenagers from Manchester who were alleged to have been planning an English ‘Columbine’ massacre.

Indeed, I have looked in vain for a single report into the acquittal of these two boys, which has not indulged in sometimes trenchant criticism of the decision to prosecute them in the first place. To illustrate my point, I have provided links to press reports from across the political spectrum here, here and here and just for good measure to three more here, here and here. I could have linked to more, including the BBC; but I think you get the picture.

All of them refer to the criticism levelled at the prosecuting authorities by defence counsel, Roderick Carus QC, for taking these boys to court in the first place.

Before I go any further, it is only fair to acknowledge that Mr Carus’ knowledge of the facts in this case is infinitely greater than mine, as, I have no doubt whatever, is his knowledge of the law; but let me just examine one or two of the points he made in his court-steps critique of the decision to prosecute the pair for conspiracy to murder and conspiracy to cause explosions – effectively to potentially commit mass murder, such as:

“Why could they [presumably the police] not take them to one side, slap them on the wrists and say ‘don’t be silly boys, now off you go and enjoy your careers in the Army?’”

Or:

“I would hope the prosecuting authorities make more allowances for the frivolity of youth in future.”

Well let me see, Mr Carus. Imagine for a minute that the police had simply taken the pair of them to one side and “slapped their wrists” and then released them to join the Army, where, presumably, they would have access to firearms and explosives. Continue to imagine the firestorm of criticism which would have been levelled at the police had either of them used their access to those weapons and explosives to put their 'frivolous' and ill-conceived ‘plans’ into operation, resulting in the violent deaths of large numbers of people.

That firestorm, hungrily stoked by the same journalists currently criticising the decision to prosecute in this case, would doubtless result in the resignation, or even dismissal, of the Chief Constable of GMP, to say nothing of numbers of his subordinates, and in all probability the resignation of the Home Secretary, were he or she a member of a party other than Teflon Labour.

It may be an unfortunate analogy, doubly so, since the two boys were acquitted, but I wonder what the fourth estate and the critical Mr Carus would have made of a decision to give the parents of Baby Peter a ‘slap on the wrist’?

Mr Carus’ comments aside, what of that decision to prosecute?

The police investigated what they clearly believed to be a plot to commit mass murder; in other words, they did their jobs. The evidence they assembled, albeit ultimately rejected by the jury, was forwarded to the Crown Prosecution Service, who, after mature consideration, decided that there was both a realistic prospect of conviction based on the papers (in other words, in their professional opinion, more that a fifty percent prospect of conviction) and an overwhelming public interest in prosecuting the case.

In turn, two barristers were briefed to prepare and present the case on behalf of the Crown. One of those barristers was the eminent QC, Peter Wright, who led the prosecution of Steve Wright, the Ipswich prostitute murderer, those of the recently convicted ‘airline suicide bombers’ and was junior counsel for the prosecution in the Harold Shipman case; hardly the career profile of a man who would fight shy of advising that an allegedly weak case was not worthy of prosecution.

Taking the argument one step further, if the case against the two was as weak as Mr Carus suggests, why wasn’t he successful in submitting that his client had no case to answer at the close of the prosecution case? If he did make such a submission, it was clearly rejected by the judge, who in doing so made the tacit observation that there was indeed a case for his client to answer. If, on the other hand, he didn’t address the judge on that matter, then he clearly accepted that there was such a case himself; he cannot have it both ways.

But let me return to the point I made at the beginning of this post.

The criminal courts are there to assess whether those put in front of them by the Crown are guilty of the offences with which they have been charged. They do not, and should not, exist to simply rubber-stamp the conviction of those against whom the evidence of guilt is so overwhelming that there can be no question of their possible acquittal.

Similarly, when a case has reached a jury for a decision as to the guilt or innocence of the accused, the prosecuting authorities have done their job: the verdict on that work is then in the hands of the twelve people on the jury who have to be satisfied so that they are sure of the guilt of the accused, before they can convict him.

To criticise those same authorities for failing to secure convictions when the power to do so is ultimately (and rightly) in the hands of twelve people with little or no previous knowledge of the law is grossly unfair, as indeed it is to criticise the system of justice in this country when it has demonstrably worked in this case as it was designed to do.

On mature reflection and when no longer basking in the triumphalist light of the headline hungry media, Mr Carus may just agree with me.

Meanwhile, Matthew Swift and Ross McKnight are free to resume their lives, having had the presumption of their innocence confirmed at the end of their trial.

That is our system; and whatever the results, perverse or otherwise, long may it remain so.

Thursday, May 21, 2009

The prosecution of Ali Dizaei: a game of high stakes

I see that the CPS has decided to prosecute Commander Ali Dizaei for offences of perverting the course of justice and misconduct in a public office, arising out of an incident which occurred last autumn outside a London restaurant, during which he had arrested a man on what were, allegedly, trumped up charges.

Regular readers will be familiar with the stance adopted by the Throne in respect of those charged with criminal offences: all of them - whoever they are, however famous, or even notorious -are entitled to the presumption of innocence until such time that their guilt - if such is the finding of the court - is established beyond reasonable doubt. This, of course extends to Mr Dizaei every bit as much as it did to Steven Gerrard, about whom I wrote when he was arrested and charged with offences earlier this year.

As such, and with the matter now sub-judice, I do not propose to offer any further comment on the case itself; but there are one or two issues arising from it which do merit further discussion.

Firstly, I am sure that the decision to prosecute such a high profile individual - Dizaei is both the President and legal advisor to the openly activist Black Police Association, and as a Metropolitan Police Commander one of the most senior police officers in the country - was not taken lightly. Indeed, I'm absolutely sure that the lawyer responsible for deciding in favour of his prosecution, Gaon Hart, will have agonised over it endlessly. Only time and due process will show whether that decision was justified and we must await the final result of the prosecution to make that assessment.

Secondly, if I were Nick Hardwick, the Chair(man) of the Independent Police Complaints Commission (IPCC), I would have sought the most cast-iron assurances possible from the team which investigated the case against Dizaei that they had left no stone unturned in their search for evidence. Because, and make no mistake about it, if the IPCC investigation comes up short, the resulting enquiry will be very uncomfortable indeed for Hardwick, who might even find his position untenable if the enquiry is severely criticised.

Thirdly, of course, this is a high-stakes case for the Metropolitan Police; a fact which will not have been lost on its Commissioner, Sir Paul Stephenson and the entirety of his command team, because not only was Dizaei acquitted the last time the Met investigated him, but as a consequnce of that acquittal, they agreed to pay him several tens of thousands of pounds and promote him to the rank of Chief Superintendent in order to persuade him not to sue them and to smooth his way back into the force.

If he were to be acquitted a second time, I shudder to think what the settlement 'price' would be; I just hope Her Majesty the Queen is still enjoying her normal, robust good health at the time, or his eyes might even alight on her position.

More seriously, though, I'm sure that the attitude of the BPA, as expressed by Alfred John, the Chair(man) of the London branch, who described the decision to prosecute Dizaei as 'outrageous' and 'the result of personal vendettas' is already causing Sir Paul more than a little concern, for reasons so obvious that I needn't waste my time by recording them here.

All in all, then, a game of high stakes for all involved; from Dizaei himself, who will face professional ruin if convicted, to the IPCC and CPS, who will face severe (and potentially career-ending) criticism if their work is found to be of a less than excellent standard and to the BPA which faces the potential embarrassment of the conviction of a man who is not only their national president and legal advisor, but in many ways the 'face' of their organisation and finally, the Metropolitan Police who will have a significant issue on their hands, whatever the verdict.

A game of high stakes indeed.