Law Report: Justice requires murder case re-trial: Regina v Kennedy - Court of Appeal (Criminal Division) (Lord Taylor of Gosforth, Lord Chief Justice, Mr Justice Judge and Mr Justice Hidden), 19 February 1993

Where fresh evidence, which had come to light since a defendant's conviction, merited consideration by a fresh jury, it was in the interests of justice to quash the conviction and order a re-trial so that a jury could fulfil its function of evaluating the evidence.

The Court of Appeal ordered a retrial of a charge of murder against the appellant, Malcolm Goodbarn Kennedy.

The appellant was charged with murdering a prisoner sharing his police cell on 24 December 1990. The prosecution relied on scientific evidence concerning both the deceased's and appellant's clothing. The defence was that a police officer had killed the deceased and, relying on discrepancies in police records and evidence, contended the police had organised a cover-up to use the appellant as a scapegoat. In September 1991 the appellant was convicted.

Subsequently evidence was obtained which suggested a discrepancy in the police and documentary evidence. The Court of Appeal granted the appellant leave to appeal out of time.

The Crown argued the fresh evidence demonstrated sloppiness in police procedures but did not cast doubt on the jury's verdict. The appellant submitted, given the defence of a police cover-up, the evidence might have caused the jury to have doubts about the appellant's guilt and the conviction should be quashed.

Michael Mansfield QC and Dora Belford (Registrar of Criminal Appeals) for the appellant; Timothy Langdale QC and Nigel Sweeney (CPS) for the Crown.

LORD TAYLOR CJ, giving the judgment of the court, said that, having considered the further evidence and arguments, the court was unable to say that it could be sure that, had the jury heard the evidence, it would not have affected its verdict. The court could not say the verdict was safe and satisfactory. The whole of the evidence, including the further material, merited the consideration of a fresh jury. Onerous through it would be for all concerned, this was a case in which the interests of justice required that a re-trial was ordered.

The court emphasised that, in ordering a re-trial, it was not passing any judgment on the rival contentions argued. It would be quite wrong for the court to indicate a view one way or the other. That was the function of a jury. The appeal was allowed, the conviction quashed and a re-trial ordered.

Start your day with The Independent, sign up for daily news emails
Have you tried new the Independent Digital Edition apps?
ebooks
ebooksAn introduction to the ground rules of British democracy
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
SPONSORED FEATURES
Independent Dating
and  

By clicking 'Search' you
are agreeing to our
Terms of Use.

iJobs Job Widget
iJobs General

Recruitment Genius: Account Manager - North West

£25000 - £30000 per annum: Recruitment Genius: This is an opportunity to join ...

Recruitment Genius: Account Manager - South West

£25000 - £30000 per annum: Recruitment Genius: This is an opportunity to join ...

Recruitment Genius: Administrator - IT - Fixed Term, Part Time

£17340 per annum: Recruitment Genius: Come and join one of the UK's leading ca...

Recruitment Genius: Property Sales Consultant - Chinese Speaking - OTE £70,000

£18000 - £70000 per annum: Recruitment Genius: Opportunity for a Fluent Chines...

Day In a Page

Isis profits from destruction of antiquities by selling relics to dealers - and then blowing up the buildings they come from to conceal the evidence of looting

How Isis profits from destruction of antiquities

Robert Fisk on the terrorist group's manipulation of the market to increase the price of artefacts
Labour leadership: Andy Burnham urges Jeremy Corbyn voters to think again in last-minute plea

'If we lose touch we’ll end up with two decades of the Tories'

In an exclusive interview, Andy Burnham urges Jeremy Corbyn voters to think again in last-minute plea
Tunisia fears its Arab Spring could be reversed as the new regime becomes as intolerant of dissent as its predecessor

The Arab Spring reversed

Tunisian protesters fear that a new law will whitewash corrupt businessmen and officials, but they are finding that the new regime is becoming as intolerant of dissent as its predecessor
King Arthur: Legendary figure was real and lived most of his life in Strathclyde, academic claims

Academic claims King Arthur was real - and reveals where he lived

Dr Andrew Breeze says the legendary figure did exist – but was a general, not a king
Who is Oliver Bonas and how has he captured middle-class hearts?

Who is Oliver Bonas?

It's the first high-street store to pay its staff the living wage, and it saw out the recession in style
Earth has 'lost more than half its trees' since humans first started cutting them down

Axe-wielding Man fells half the world’s trees – leaving us just 422 each

However, the number of trees may be eight times higher than previously thought
60 years of Scalextric: Model cars are now stuffed with as much tech as real ones

60 years of Scalextric

Model cars are now stuffed with as much tech as real ones
Theme parks continue to draw in thrill-seekers despite the risks - so why are we so addicted?

Why are we addicted to theme parks?

Now that Banksy has unveiled his own dystopian version, Christopher Beanland considers the ups and downs of our endless quest for amusement
Tourism in Iran: The country will soon be opening up again after years of isolation

Iran is opening up again to tourists

After years of isolation, Iran is reopening its embassies abroad. Soon, there'll be the chance for the adventurous to holiday there
10 best PS4 games

10 best PS4 games

Can’t wait for the new round of blockbusters due out this autumn? We played through last year’s offering
Transfer window: Ten things we learnt

Ten things we learnt from the transfer window

Record-breaking spending shows FFP restraint no longer applies
Migrant crisis: UN official Philippe Douste-Blazy reveals the harrowing sights he encountered among refugees arriving on Lampedusa

‘Can we really just turn away?’

Dead bodies, men drowning, women miscarrying – a senior UN figure on the horrors he has witnessed among migrants arriving on Lampedusa, and urges politicians not to underestimate our caring nature
Nine of Syria and Iraq's 10 world heritage sites are in danger as Isis ravages centuries of history

Nine of Syria and Iraq's 10 world heritage sites are in danger...

... and not just because of Isis vandalism
Girl on a Plane: An exclusive extract of the novelisation inspired by the 1970 Palestinian fighters hijack

Girl on a Plane

An exclusive extract of the novelisation inspired by the 1970 Palestinian fighters hijack
Why Frederick Forsyth's spying days could spell disaster for today's journalists

Why Frederick Forsyth's spying days could spell disaster for today's journalists

The author of 'The Day of the Jackal' has revealed he spied for MI6 while a foreign correspondent