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.
International Women's Day 2014: The shocking statistics that show why it is still so important
Feminist quotes to inspire you on the International Women's Day
Oscar Pistorius trial: Case turns into a bizarre safari following the tracks of a wounded lion
Belle Knox: How the porn star student from Duke University became bigger than Justin Bieber
Liam Neeson on death of wife Natasha Richardson: ‘When I hear the door opening, I still think I’m going to hear her’
Apple's Tim Cook: Business isn’t just about making profit
Thousands of young people forced to go without food after benefits wrongly stopped under 'draconian' new sanctions regime
Ukraine crisis: New navy chief 'defects' and surrenders Crimean HQ as Putin claims ultranationalists forced intervention
Britain's top vet sparks controversy with call for ban on slashing animals' throats in 'ritual' slaughters for halal and kosher meat products
Ukraine crisis: Russia dismisses '3am ultimatum' as 'total nonsense'
If you're horrified by a flame-roasted dog, you should be shocked at a hog roast
- 2 Academy members voted for Oscar-winning 12 Years A Slave 'without watching it'
- 3 Orgasm machine to deliver climax at the push of a button
- 4 Liam Neeson turned down James Bond role to marry Natasha Richardson
- 5 Livr: A social network only for drunk people
£12000 per annum: Inspiring Interns: A small but growing chain of boutique hot...
£12000 per annum: Inspiring Interns: The company works with Tier 1 FTSE 100 Ba...
£45 - 60k Per Annum: Charter Selection: Highly profitable leisure brand, marke...
£30000 - £50000 per annum + Highly Competitive Salary: Austen Lloyd: Residenti...