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
ebooksA special investigation by Andy McSmith
Arts and Entertainment
Dakota Johnson as Anastasia Steele in Fifty Shades of Grey
film
Sport
Bafetibis Gomis of Swansea City is stretchered off at White Hart Lane
football
News
Jerry Seinfeld Comedians in Cars Getting Coffee
peopleSitcom star urges men to be more supportive of women than ever
Life and Style
Living for the moment: Julianne Moore playing Alzheimer’s sufferer Alice
health
News
Jay Z
businessJay-Z's bid for Spotify rival could be blocked
Sport
footballLouis van Gaal is watching a different Manchester United and Wenger can still spring a surprise
News
The spider makes its break for freedom
VIDEO
Voices
A propaganda video shows Isis forces near Tikrit
voicesAdam Walker: The Koran has violent passages, but it also has others that explicitly tells us how to interpret them
Arts and Entertainment
books
News
people
Sport
Ashley Young celebrates the winner for Manchester United against Newcastle
footballNewcastle v United player ratings
Life and Style
love + sex
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
Independent Dating
and  

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

iJobs Job Widget
iJobs General

Recruitment Genius: Production Planner - Night Shift

Negotiable: Recruitment Genius: A leading Leicestershire based chilled food ma...

Ashdown Group: Senior Accountant - ACCA, ACA or ACMA - Construction Sector

£45000 - £50000 per annum + Benefits: Ashdown Group: Senior Accountant (ACCA, ...

Recruitment Genius: Media Sales Executive - PR and Broadcast - OTE £35,000

£16000 - £35000 per annum: Recruitment Genius: This company has an exciting op...

Recruitment Genius: Customer Service Advisor - Shifts

£17000 per annum: Recruitment Genius: This European market leader for security...

Day In a Page

War with Isis: Iraq's government fights to win back Tikrit from militants - but then what?

Baghdad fights to win back Tikrit from Isis – but then what?

Patrick Cockburn reports from Kirkuk on a conflict which sectarianism has made intractable
Living with Alzheimer's: What is it really like to be diagnosed with early-onset dementia?

What is it like to live with Alzheimer's?

Depicting early-onset Alzheimer's, the film 'Still Alice' had a profound effect on Joy Watson, who lives with the illness. She tells Kate Hilpern how she's coped with the diagnosis
The Internet of Things: Meet the British salesman who gave real-world items a virtual life

Setting in motion the Internet of Things

British salesman Kevin Ashton gave real-world items a virtual life
Election 2015: Latest polling reveals Tories and Labour on course to win the same number of seats - with the SNP holding the balance of power

Election 2015: A dead heat between Mr Bean and Dick Dastardly!

Lord Ashcroft reveals latest polling – and which character voters associate with each leader
Audiences queue up for 'true stories told live' as cult competition The Moth goes global

Cult competition The Moth goes global

The non-profit 'slam storytelling' competition was founded in 1997 by the novelist George Dawes Green and has seen Malcolm Gladwell, Salman Rushdie and Molly Ringwald all take their turn at the mic
Pakistani women come out fighting: A hard-hitting play focuses on female Muslim boxers

Pakistani women come out fighting

Hard-hitting new play 'No Guts, No Heart, No Glory' focuses on female Muslim boxers
Leonora Carrington transcended her stolid background to become an avant garde star

Surreal deal: Leonora Carrington

The artist transcended her stolid background to become an avant garde star
LGBT History Month: Pupils discuss topics from Sappho to same-sex marriage

Education: LGBT History Month

Pupils have been discussing topics from Sappho to same-sex marriage
11 best gel eyeliners

Go bold this season: 11 best gel eyeliners

Use an ink pot eyeliner to go bold on the eyes with this season's feline flicked winged liner
Cricket World Cup 2015: Tournament runs riot to make the event more hit than miss...

Cricket World Cup runs riot to make the event more hit than miss...

The tournament has reached its halfway mark and scores of 300 and amazing catches abound. One thing never changes, though – everyone loves beating England
Katarina Johnson-Thompson: Heptathlete ready to jump at first major title

Katarina Johnson-Thompson: Ready to jump at first major title

After her 2014 was ruined by injury, 21-year-old Briton is leading pentathlete going into this week’s European Indoors. Now she intends to turn form into gold
Syrian conflict is the world's first 'climate change war', say scientists, but it won't be the last one

Climate change key in Syrian conflict

And it will trigger more war in future
How I outwitted the Gestapo

How I outwitted the Gestapo

My life as a Jew in wartime Berlin
The nation's favourite animal revealed

The nation's favourite animal revealed

Women like cuddly creatures whilst men like creepy-crawlies
Is this the way to get young people to vote?

Getting young people to vote

From #VOTESELFISH to Bite the Ballot