Unfair summing-up prompts retrial
Wednesday 01 July 1992
Richard Martin King, 27, of east London, who is in Gartree top-security prison in Leicestershire, was jailed on 18 May 1990 by the then Recorder of London, Sir James Miskin QC, for the stabbing of Veronica Rose, in August 1989.
In the Court of Appeal yesterday, the Lord Chief Justice, Lord Taylor, sitting with Mr Justice Simon Brown and Mr Justice Roch, said the court had read 'with dismay' the written record of Sir James's summing-up.
'We hope we never see another summing-up in this court which is as unfair as this. The duty of a judge in a criminal trial is to hold the ring and be fair to both parties.'
Lord Taylor said that judges were entitled to make comments during their summings-up.
'But the comments made in this case were extremely strong and couched in lurid language, and throughout they rubbished the defence raised by the appellant,' he said. An accused was entitled to a fair summing-up and a fair presentation of the defence case to the jurors, who should not be 'rail-roaded' into a verdict.
Sir James's comments had included the words 'manifest rubbish' and 'transparent nonsense'.
'This summing-up was wholly unfair,' Lord Taylor said.
King was refused bail pending his retrial at the Old Bailey.
- 1 This 'woman calls police to order pizza' story isn't going where you're expecting
- 2 Watch what happened when food critics were unknowingly served McDonald's
- 3 Jimmy Carr's controversial Oscar Pistorius joke goes too far at the Q Awards
- 4 Ottawa shootings: Bruce MacKinnon's cartoon is the perfect tribute to soldier Nathan Cirillo shot dead at war memorial
- 5 Of course, teenage girls need role models – but not like beauty vlogger Zoella
Isis releases first video showing the stoning of woman accused of committing adultery as her father shouts 'don't call me Dad'
This 'woman calls police to order pizza' story isn't going where you're expecting
FCKH8's provocative anti-sexism video showing young girls swearing reinstated by YouTube
Diwali: What is the festival of lights – and how is it celebrated around the world?
Jimmy Carr's controversial Oscar Pistorius joke goes too far at the Q Awards
Of course, teenage girls need role models – but not like beauty vlogger Zoella
Cameron is warned 'no possibility' of UK reducing immigration and that bid to bring in quota on migrant workers would be illegal
Support for EU membership 'at highest level since 1991' with most Brits wanting to stay 'in'
Thousands with degenerative conditions classified as 'fit to work in future' – despite no possibility of improvement
Residents should throw a street party and mix with immigrant neighbours, councils told
London bus driver 'kicks gay couple off for kissing'
£45000 per annum: Ampersand Consulting LLP: Datacentre Consultant (Datacentre,...
£100 - £125 per day: Randstad Education Cardiff: Randstad Education Cardiff is...
£45000 per annum + Excellent Benefits: Ampersand Consulting LLP: .NET Develope...
£40000 - £65000 per annum + bonus + benefits + OT: Ampersand Consulting LLP: C...