Letter: Justice in the dock: the fallibility of juries, self-defence, and trial by media

Share
Sir: The widespread media verdict that Joseph Elliott was guilty of murder, and that it should be open to the Crown to appeal against the jury's finding on the facts, is a rapid and unfortunate volte-face after last week's robust defence of jury trials, as you rightly point out in your leading article today.

Such proposals are unnecessary, will not work in practice and are wrong in principle. The Attorney General already has the right of appeal on a point of law, as does the defence. Although, of course, such an appeal by the prosecution would not affect Mr Elliott's position, it could be used to clarify the law.

Allowing the prosecution the right of appeal would utterly negate the principle of trial by one's peers and lead towards the problems we already see in the non-jury Diplock courts of Northern Ireland. It would mean that jury trial could effectively be bypassed and that the ultimate decision could lie with the judges. This would fatally weaken the fundamental principles of trial by jury.

The media have attempted to argue for, in effect, the abolition of jury trial on the basis of the facts in the Elliott case. The issue of self-defence is controversial and as such is the very situation for which juries are best suited.

The issue of 'reasonable force' is a perfect example of an issue that should be subjected to the scrutiny of 12 members of the public. It is an issue that is volatile, vulnerable to prejudice and constantly in flux, but that is all the more reason for it to be an issue for a jury, in the sense that it is an issue for society and not appropriate for consideration by judges alone.

Every death is a tragedy, but Liberty is very concerned that Mr Elliott, after acquittal by a jury that had seen and heard the evidence, has been convicted by the media, which did not, and which, in some cases, appear to know very little.

Yours faithfully

JOHN WADHAM

Legal Officer

Liberty

London, SE1

15 July

React Now

  • Get to the point
Latest stories from i100
Have you tried new the Independent Digital Edition apps?
iJobs Job Widget
iJobs General

Ashdown Group: Senior Accounts Assistant - Accounts Payable - St. Albans

£26000 - £28000 per annum + benefits : Ashdown Group: Senior Accounts Assistan...

Ashdown Group: Treasury Assistant - Accounts Assistant - London, Old Street

£24000 - £26000 per annum + benefits : Ashdown Group: A highly successful, glo...

Recruitment Genius: Installation and Service / Security Engineer

£22000 - £40000 per annum: Recruitment Genius: This company is part of a Group...

Recruitment Genius: Service Charge Accounts Assistant

£16000 - £18000 per annum: Recruitment Genius: Are you a a young, dynamic pers...

Day In a Page

Read Next
A Gold Ferrari sits outside Chanel on Sloane Street  

Sunday Times Rich List: We are no longer in thrall to very rich people

Terence Blacker
David Cameron was openly emotional at the prospect of Scotland leaving the union before the referendum  

Remember when David Cameron almost cried over Scotland because he loved it so much?

Matthew Norman
General Election 2015: Chuka Umunna on the benefits of immigration, humility – and his leader Ed Miliband

Chuka Umunna: A virus of racism runs through Ukip

The shadow business secretary on the benefits of immigration, humility – and his leader Ed Miliband
Yemen crisis: This exotic war will soon become Europe's problem

Yemen's exotic war will soon affect Europe

Terrorism and boatloads of desperate migrants will be the outcome of the Saudi air campaign, says Patrick Cockburn
Marginal Streets project aims to document voters in the run-up to the General Election

Marginal Streets project documents voters

Independent photographers Joseph Fox and Orlando Gili are uploading two portraits of constituents to their website for each day of the campaign
Game of Thrones: Visit the real-life kingdom of Westeros to see where violent history ends and telly tourism begins

The real-life kingdom of Westeros

Is there something a little uncomfortable about Game of Thrones shooting in Northern Ireland?
How to survive a social-media mauling, by the tough women of Twitter

How to survive a Twitter mauling

Mary Beard, Caroline Criado-Perez, Louise Mensch, Bunny La Roche and Courtney Barrasford reveal how to trounce the trolls
Gallipoli centenary: At dawn, the young remember the young who perished in one of the First World War's bloodiest battles

At dawn, the young remember the young

A century ago, soldiers of the Empire – many no more than boys – spilt on to Gallipoli’s beaches. On this 100th Anzac Day, there are personal, poetic tributes to their sacrifice
Dissent is slowly building against the billions spent on presidential campaigns – even among politicians themselves

Follow the money as never before

Dissent is slowly building against the billions spent on presidential campaigns – even among politicians themselves, reports Rupert Cornwell
Samuel West interview: The actor and director on austerity, unionisation, and not mentioning his famous parents

Samuel West interview

The actor and director on austerity, unionisation, and not mentioning his famous parents
General Election 2015: Imagine if the leading political parties were fashion labels

Imagine if the leading political parties were fashion labels

Fashion editor, Alexander Fury, on what the leaders' appearances tell us about them
Phumzile Mlambo-Ngcuka: Home can be the unsafest place for women

Phumzile Mlambo-Ngcuka: Home can be the unsafest place for women

The architect of the HeForShe movement and head of UN Women on the world's failure to combat domestic violence
Public relations as 'art'? Surely not

Confessions of a former PR man

The 'art' of public relations is being celebrated by the V&A museum, triggering some happy memories for DJ Taylor
Bill Granger recipes: Our chef succumbs to his sugar cravings with super-luxurious sweet treats

Bill Granger's luxurious sweet treats

Our chef loves to stop for 30 minutes to catch up on the day's gossip, while nibbling on something sweet
London Marathon 2015: Paula Radcliffe and the mother of all goodbyes

The mother of all goodbyes

Paula Radcliffe's farewell to the London Marathon will be a family affair
Everton vs Manchester United: Steven Naismith demands 'better' if Toffees are to upset the odds against United

Steven Naismith: 'We know we must do better'

The Everton forward explains the reasons behind club's decline this season
Arsenal vs Chelsea: Praise to Arsene Wenger for having the courage of his convictions

Michael Calvin's Last Word

Praise to Wenger for having the courage of his convictions