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| Greville Janner's 'trial of the facts' could still go ahead, says former DPP | Greville Janner's 'trial of the facts' could still go ahead, says former DPP |
| (34 minutes later) | |
| The “trial of the facts” in relation to the child abuse claims against Greville Janner could still go ahead despite the peer’s death at the weekend, a former director of public prosecutions has said. | The “trial of the facts” in relation to the child abuse claims against Greville Janner could still go ahead despite the peer’s death at the weekend, a former director of public prosecutions has said. |
| Ken Macdonald, who was DPP for five years until 2008, said that while he personally is opposed to the trial continuing, the decision was “quite finely balanced” and that there was a credible case for it to take place. | Ken Macdonald, who was DPP for five years until 2008, said that while he personally is opposed to the trial continuing, the decision was “quite finely balanced” and that there was a credible case for it to take place. |
| The Crown Prosecution Service has not yet said how it intends to proceed, but it had been widely assumed that the former Labour peer’s death on Saturday would bring the criminal proceedings to a halt. | The Crown Prosecution Service has not yet said how it intends to proceed, but it had been widely assumed that the former Labour peer’s death on Saturday would bring the criminal proceedings to a halt. |
| Lord Janner was suffering from dementia and it was accepted that he was unfit to stand trial for the alleged sexual abuse of nine boys and men. But, in an unusual move prompted in part by the high level of public interest in the case, there was to be a trial of the facts – a special criminal hearing for suspects unfit to defend themselves in the normal way. | |
| In an interview on BBC Radio 4’s Today programme on Monday, Lord Macdonald said that, though criminal proceedings normally come to an end when a defendant dies, a trial of the facts was different. | |
| “The whole point of a trial of the facts is that it does not exist to determine the guilt or innocence of anyone,” he said. “There’s no question of a penal sanction at its conclusion. So it doesn’t, I suppose, require the presence of the defendant. In fact, it only takes place when the defendant is incapable of taking part, as Lord Janner unfortunately was.” | “The whole point of a trial of the facts is that it does not exist to determine the guilt or innocence of anyone,” he said. “There’s no question of a penal sanction at its conclusion. So it doesn’t, I suppose, require the presence of the defendant. In fact, it only takes place when the defendant is incapable of taking part, as Lord Janner unfortunately was.” |
| Macdonald said it was a difficult decision for the current DPP, Alison Saunders. “The argument for continuing is that [Janner] was not going to play any part in these proceedings in any event even if he had not unfortunately died,” he said. | Macdonald said it was a difficult decision for the current DPP, Alison Saunders. “The argument for continuing is that [Janner] was not going to play any part in these proceedings in any event even if he had not unfortunately died,” he said. |
| But there were also strong arguments for dropping the case, he said. “You would have to acknowledge that part of this process is a culmination of the proceedings in which the court is required to consider some form of disposal, whether it is a hospital order, a discharge, or a supervision order, and none of those is possible in the case of a man who has unfortunately died,” he said. | |
| “And that may call into question the whole purpose and legal justification for the proceedings. That is the argument against continuing.” | “And that may call into question the whole purpose and legal justification for the proceedings. That is the argument against continuing.” |
| Macdonald said that “on balance” his preference would be to drop the case. “In the end I think there’s something unseemly about a criminal process to determine the acts of a person who has already died. That would be a groundbreaking proceeding, and probably groundbreaking in an unfortunate way.” | |
| The CPS has so far not responded to questions about how it intends to proceed. | The CPS has so far not responded to questions about how it intends to proceed. |
| Liz Dux, a lawyer from Slater and Gordon who is representing six of Janner’s alleged victims, said that her clients would want the trial of the facts to go ahead. | Liz Dux, a lawyer from Slater and Gordon who is representing six of Janner’s alleged victims, said that her clients would want the trial of the facts to go ahead. |
| Although the Janner allegations are also due to be considered by the Goddard inquiry into child abuse, Dux said her clients were worried this could take too long. “[The trial of the facts] was due to be heard in April. What they don’t want to see happen is to wait five years to have the opportunity to have their say,” she told the Today programme. | Although the Janner allegations are also due to be considered by the Goddard inquiry into child abuse, Dux said her clients were worried this could take too long. “[The trial of the facts] was due to be heard in April. What they don’t want to see happen is to wait five years to have the opportunity to have their say,” she told the Today programme. |