This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.theguardian.com/law/2015/dec/21/greville-janner-trial-of-the-facts-former-dpp-ken-macdonald
The article has changed 4 times. There is an RSS feed of changes available.
| Version 2 | Version 3 |
|---|---|
| Prosecutors indicate they might push on with Greville Janner trial | Prosecutors indicate they might push on with Greville Janner trial |
| (35 minutes later) | |
| The Crown Prosecution Service has indicated that it may seek to press ahead with the “trial of facts” in relation to the child abuse claims against Greville Janner, despite the peer’s death at the weekend. | The Crown Prosecution Service has indicated that it may seek to press ahead with the “trial of facts” in relation to the child abuse claims against Greville Janner, despite the peer’s death at the weekend. |
| In a statement on Monday, the CPS said it was considering “the procedural implications” of the case and that it would not be commenting further until a court hearing in January. | In a statement on Monday, the CPS said it was considering “the procedural implications” of the case and that it would not be commenting further until a court hearing in January. |
| The CPS set out its position only hours after Ken Macdonald, a former director of public prosecutions, said that there was a credible case for carrying on with the “trial of facts” even though Janner, a former Labour peer, died on Saturday. | The CPS set out its position only hours after Ken Macdonald, a former director of public prosecutions, said that there was a credible case for carrying on with the “trial of facts” even though Janner, a former Labour peer, died on Saturday. |
| Lord Janner had 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 although 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. | 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,” he said. “That would be a groundbreaking proceeding, and probably groundbreaking in an unfortunate way.” | 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,” he said. “That would be a groundbreaking proceeding, and probably groundbreaking in an unfortunate way.” |
| In its statement, issued in response to questions about whether or not it intended to drop the case, the CPS said: “When a defendant dies during criminal proceedings, it is usual that the case no longer goes ahead following formal confirmation of the defendant’s death at a hearing before the court. | In its statement, issued in response to questions about whether or not it intended to drop the case, the CPS said: “When a defendant dies during criminal proceedings, it is usual that the case no longer goes ahead following formal confirmation of the defendant’s death at a hearing before the court. |
| “However, we are considering the procedural implications of this specific case. As the high court will close today until January 11 2016, there can be no hearing before that date. | “However, we are considering the procedural implications of this specific case. As the high court will close today until January 11 2016, there can be no hearing before that date. |
| “It is right that this matter is considered properly in open court, and we will therefore not be commenting further ahead of a court hearing.” | “It is right that this matter is considered properly in open court, and we will therefore not be commenting further ahead of a court hearing.” |
| Earlier 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. | Earlier 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, she said. “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, she said. “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. |