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DECEMBER 2007
OMAGH: SEAN HOEY ACQUITTED
On 20th December Mr Justice Weir acquitted Sean Hoey on all 58 counts of involvement in the 1998 Omagh bombing. His judgment revealed a catalogue of failures on the part of the police and the Forensic Science Agency in the handling of forensic evidence, and was also highly critical of the use of low copy number DNA techniques. A review has been ordered of all convictions based on this type of evidence, which can no longer be regarded as safe. The review may have profound consequences for investigations into old unsolved crimes, including the work of the Historical Enquiries Team. The case also raises fundamental questions, yet again, about the police’s handling of the Omagh investigation under the watch of the then Chief Constable Sir Ronnie Flanagan, now Her Majesty’s Chief Inspector of Constabularies. It also begs the question of why the Director of Public Prosecutions allowed such a fundamentally flawed case to be brought to court in the first place. Above all, this is yet another instance where the criminal justice system has completely failed the victims of the Omagh bombing. Mr Justice Weir is to be commended for resisting public pressure for a conviction in relation to Omagh, but the Omagh families are quite right to call for an independent judicial inquiry into why no-one has been brought to justice for this terrible atrocity. That inquiry cannot take place under the Inquiries Act 2005, because such an inquiry would be under ministerial control. It is time that under-used piece of legislation was repealed so that people like the Omagh victims can obtain, if not justice, at least the truth about what happened and why.
plans for 42-day detention put on hold
Towards the end of the year, Home Secretary Jacqui Smith quietly announced that the new counter-terrorism bill, which will include an extension of pre-trail detention to 42 days, will not now be published until the spring. The Home Secretary has failed to convince most people, including many of her own backbench Members of Parliament, that there is any case to be made for introducing one of the longest periods of detention without trial in Europe.
police bugging of solicitors illegal
On 30th November the Lord Chief Justice ruled that the police did not have the right to authorise the bugging of solicitors’ interviews with their clients. Such interviews should only be monitored in the most serious and compelling of circumstances, and should be authorised by an independent authority. Lord Justice Kerr said that "The need for a legal adviser and his client to be secure in the knowledge that what passes between them is and will remain confidential is both obvious and incontestable." The same applied to medical consultations between prisoners and doctors. BIRW made third party interventions in these cases, which were referred to in the judgment, and our researcher, Caroline Parkes, observed the hearing.
parliament briefed on miscarriages of justice
This month we sent a briefing to the House of Commons committee considering the Criminal Justice and Immigration Bill 2007. Our briefing concentrated on two issues: the quashing of convictions and the payment of compensation to victims of miscarriages of justice. We argued against allowing convictions to stand notwithstanding procedural irregularities or subsequent developments in the law. The Bill imposes a subjective and unworkable test: if the Court of Appeal “thinks” that that there is no reasonable doubt that the defendant committed the crime, the conviction must stand. One of the glories of the English common law is the fact that it has developed over time, moved with the times, and been flexible enough to incorporate changes in social norms and attitudes in a way that reflects greater moderation and enlightenment. To prevent judges and/or juries from enhancing the dispensation of justice by tying their hands reverses that trend and will make the law inflexible. It may even ultimately bring it into disrepute, by entrenching prejudice and miscarriages of justice. On compensation, we argued that a cap of £500,000 was too low and unfair. The effects of a miscarriage of justice can be incalculable, not just for the victim of the miscarriage, but for his or her family, and wider circle of friends and associates. Financial compensation can never heal all the wounds that a miscarriage of justice can inflict, but inadequate compensation can compound the injustice caused.
2007 annual report
BIRW’s Annual Report for 2007 is now available and can be found on our website.
annual human rights day appeal
On 10th December, International Human Rights Day, BIRW launched its annual appeal for donations in support of our work. There are those who think that, now that the Northern Ireland Assembly has been restored, the conflict is over. If only that were true! In reality, there are still deaths arising from the conflict, and there are many outstanding cases and issues that have yet to be resolved. If anything, BIRW is busier now than ever before. As Northern Ireland emerges from conflict, many people who were too frightened to ask questions in the past, or who did not want to claim any special status when so many others were also suffering, are now seeking our help. We need your help to carry on with out work, so please consider sending us a cheque, or you can donate securely online via our website.
NEW LOOK FOR DIRECTOR’S REPORTS
From January 2008 our Director’s Reports will have a new title, BIRW Update, and in the coming months it will be redesigned to bring a fresh look to our monthly news.
farewell to lucy
It is with regret that we report that our Deputy Director, Lucy Claridge, has left BIRW. We wish her well in the future.
season’s greetings
Everyone at BIRW would like to take this opportunity to wish all our friends and supporters the compliments of the season and a peaceful 2008.
Jane Winter,
Director,
31st December 2007.
For Peace Justice & Human Rights
