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When crime is used as an alibi When crime is used as an alibi
(about 5 hours later)
By Julian Joyce BBC NewsBy Julian Joyce BBC News
Tony Emmanuel walked free - even though he admitted drugs offencesTony Emmanuel walked free - even though he admitted drugs offences
Three men who took part in the brutal murder of special constable Nisha Patel-Nasri, have been jailed for life.Three men who took part in the brutal murder of special constable Nisha Patel-Nasri, have been jailed for life.
But another man - getaway driver Tony Emmanuel - was earlier acquitted of the crime.But another man - getaway driver Tony Emmanuel - was earlier acquitted of the crime.
His excuse - that he thought he was taking part in a drug deal, not a murder. The jury believed him, and Mr Emmanuel left court a free man.His excuse - that he thought he was taking part in a drug deal, not a murder. The jury believed him, and Mr Emmanuel left court a free man.
Lawyers say it not usual for defendants to use other, lesser crimes, as alibis for the more serious charges.Lawyers say it not usual for defendants to use other, lesser crimes, as alibis for the more serious charges.
But why do prosecutors, having failed to make the serious charges stick, not pursue defendants for lesser crimes that they have admitted?But why do prosecutors, having failed to make the serious charges stick, not pursue defendants for lesser crimes that they have admitted?
CandidCandid
After all the crimes, although not as serious as those being pursued by prosecutors, have been admitted to in open court.After all the crimes, although not as serious as those being pursued by prosecutors, have been admitted to in open court.
In Mr Emmanuel's case, he was candid about why he did not realise that he had been acting as getaway driver after a murder.In Mr Emmanuel's case, he was candid about why he did not realise that he had been acting as getaway driver after a murder.
In a statement made after his arrest the 26-year-old nightclub bouncer told police:In a statement made after his arrest the 26-year-old nightclub bouncer told police:
Once the prosecution have rubbished a defence, seeking to prosecute that person again...would be seen to be having their cake and eating it Criminal defence barrister Tom Little Once the prosecution have rubbished a defence, seeking to prosecute that person again...would be seen to be having their cake and eating it Criminal defence barrister Tom Little class="" href="http://news.bbc.co.uk/1/hi/uk/7388433.stm">Emmanuel: "I did not see a knife"
"On the 11th May 2006 I was asked by a friend (later revealed to be jailed knife-man Jason Jones) to drive him to an address in the Wembley area...my friend informed me that he wished to collect some ecstasy tablets from an address.""On the 11th May 2006 I was asked by a friend (later revealed to be jailed knife-man Jason Jones) to drive him to an address in the Wembley area...my friend informed me that he wished to collect some ecstasy tablets from an address."
'Out of breath''Out of breath'
In fact, Mr Emmanuel had driven Jones to Nisha Patel-Nasri's address, where, armed with a knife and with the keys to the house he pursued the 29-year-old woman into her garden and stabbed her to death.In fact, Mr Emmanuel had driven Jones to Nisha Patel-Nasri's address, where, armed with a knife and with the keys to the house he pursued the 29-year-old woman into her garden and stabbed her to death.
He admitted that Jones had returned to the car and was "out of breath".He admitted that Jones had returned to the car and was "out of breath".
But he continued: "I did not see a knife....I did not see where my friend had gone or what happened."But he continued: "I did not see a knife....I did not see where my friend had gone or what happened."
When Jones asked Mr Emmanuel to stop the car so he could dump the murder weapon in a drain, the driver said he thought they were stopping for a toilet break.When Jones asked Mr Emmanuel to stop the car so he could dump the murder weapon in a drain, the driver said he thought they were stopping for a toilet break.
"At no time did I contemplate or have any knowledge that my friend may injure anybody," he said."At no time did I contemplate or have any knowledge that my friend may injure anybody," he said.
"I thought my friend was going to carry out a drugs deal.""I thought my friend was going to carry out a drugs deal."
AcquittedAcquitted
The jury accepted that he had not known about the killing, and Mr Emmanuel was acquitted of murder offences.The jury accepted that he had not known about the killing, and Mr Emmanuel was acquitted of murder offences.
But the explanation as to why police and prosecutors failed to pursue Mr Emmanuel for any drug-dealing offence - such as conspiracy to supply, or being an accessory - lies within the strict rules that govern English law.But the explanation as to why police and prosecutors failed to pursue Mr Emmanuel for any drug-dealing offence - such as conspiracy to supply, or being an accessory - lies within the strict rules that govern English law.
It is simply a matter of consistency of approach, says the Crown Prosecution Service:It is simply a matter of consistency of approach, says the Crown Prosecution Service:
Said a spokeswoman: "We have to be consistent - we cannot first reject a defendant's explanation of why they are innocent of the crime, and then later change our minds and say, actually, now we do believe that explanation.Said a spokeswoman: "We have to be consistent - we cannot first reject a defendant's explanation of why they are innocent of the crime, and then later change our minds and say, actually, now we do believe that explanation.
"This applied even if the defendant admits, as part of his defence, committing another crime."This applied even if the defendant admits, as part of his defence, committing another crime.
"In this case, we did not accept Mr Emmanuel's explanation that he thought he was taking part in a drugs deal, rather than a murder."In this case, we did not accept Mr Emmanuel's explanation that he thought he was taking part in a drugs deal, rather than a murder.
ChallengeChallenge
"Once he was acquitted on the murder charges, the uncorroborated admission, rejected by the prosecution in a court of law, would not be sufficient evidence to prosecute him for drug dealing."Once he was acquitted on the murder charges, the uncorroborated admission, rejected by the prosecution in a court of law, would not be sufficient evidence to prosecute him for drug dealing.
If we did try to prosecute him, then I think we would find that the defence lawyer would challenge us straight away."If we did try to prosecute him, then I think we would find that the defence lawyer would challenge us straight away."
Criminal defence barrister Tom Little agrees:Criminal defence barrister Tom Little agrees:
Mr Emmanuel, accompanied by a friend, left court soon after being clearedMr Emmanuel, accompanied by a friend, left court soon after being cleared
"Once the prosecution have sought to rubbish a defence then seeking to prosecute that person again would be seen to be having their cake and eating it."Once the prosecution have sought to rubbish a defence then seeking to prosecute that person again would be seen to be having their cake and eating it.
"It could be an abuse of process.""It could be an abuse of process."
Mr Little, who is secretary of the Criminal Bar Association, said it was not unheard of for defendants to use lesser crimes to as part of their defence against being convicted of more serious ones.Mr Little, who is secretary of the Criminal Bar Association, said it was not unheard of for defendants to use lesser crimes to as part of their defence against being convicted of more serious ones.
He said that usually the crimes admitted to are ones that would exclude the defendant from the possibility of committing more serious offences.He said that usually the crimes admitted to are ones that would exclude the defendant from the possibility of committing more serious offences.
"For example, defendants accused of cocaine smuggling sometimes say that they thought they were smuggling something else - like tobacco."For example, defendants accused of cocaine smuggling sometimes say that they thought they were smuggling something else - like tobacco.
"If the court believes them, then Customs are very unlikely to try and prosecute them for tobacco-smuggling because there is no evidence that tobacco was smuggled."If the court believes them, then Customs are very unlikely to try and prosecute them for tobacco-smuggling because there is no evidence that tobacco was smuggled.
"In those circumstances tobacco smuggling and cocaine smuggling would not be put on the same indictment," he added."In those circumstances tobacco smuggling and cocaine smuggling would not be put on the same indictment," he added.
"For this sort of defence to work for defendants, it has to be an either-or situation.""For this sort of defence to work for defendants, it has to be an either-or situation."