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Judge threatens to arrest Lord Janner after non-appearance in court Lord Janner to appear in court after judge threatens to arrest him
(35 minutes later)
A judge has threatened to have the former Labour peer Greville Janner arrested later on Friday if the issue over his court appearance on child sex abuse charges is not resolved. Greville Janner will appear in court in person to face child abuse allegations later on Friday after his lawyers failed in a final attempt to prevent him being forced to attend.
The district judge Emma Arbuthnot expressed her frustration with Lord Janner’s lawyers after the 87-year-old, who has advanced dementia, failed to attend a hearing on Friday morning. The former Labour peer is to appear at Westminster magistrates court in central London on Friday afternoon – hours after he was initially due to appear.
Janner had been expected to be at Westminster magistrates court for his first appearance over allegations that he sexually abused nine boys over three decades. His legal team lost a high court bid on Thursday to keep him out of court. Lord Janner’s barrister, Paul Ozin, told deputy chief magistrate Emma Arbuthnot that Janner should be allowed to appear via a live video link from his home due to the severity of his Alzheimer’s.
His barrister, Paul Ozin, argued that Janner could appear via videolink from his home, but the prosecutor, Louise Oakley, said that would not be lawful. But prosecutor Louise Oakley said that would be unlawful and that he must attend court in person.
Janner not here. His barrister tells court he will "facilitate Lord Janner's appearance before this court today in one form or another". The judge agreed and said arrangements should be made for Janner to appear at the court at 2pm.
The plan is for Janner to appear via a live link to his home. Debate over whether that is lawful. In an unusual outburst, Arbuthnot warned Ozin that she would have Janner arrested if the matter was not resolved quickly.
The hearing was adjourned for a decision to be made on whether the videolink would be allowed or he would attend a different court. The magistrate said she was concerned that Ozin was engaging in a time-wasting exercise as he discussed the legal technicalities of suspects appearing in court via video link.
Arbuthnot said she was concerned that Ozin was engaging in a “time-wasting exercise” as he discussed the technicalities of the law around appearing in court via videolink. “Even if I have to have him arrested I’m going to have it resolved today,” she said, cutting Ozin off in full flow.
“Even if I have to have him arrested I’m going to have it resolved today,” the judge said. “I’m warning you that as time progresses I’m going to turn to the prosecution and say, ‘What’s your view?’. I’m going to get an [arrest] warrant.” “I’m warning you that as time progresses I’m going to turn to the prosecution and say, ‘What’s your view?’ - I’m going to get an [arrest] warrant.”
Defendants usually only appear in court via videolink if they are in custody. It will be Janner’s first appearance in court over allegations he molested nine boys in 22 separate offences in the 1960s, 1970s and 1980s.
Janner’s lawyers told the high court on Thursday that compelling him to attend would be a breach of his human rights and have a “catastrophic impact” on his health. A scrum of around 35 journalists packed court 1 of the court building in central London, waiting Janner to appear. Photographers and television crews lined the entrance to the court, pinned back by metal barriers.
But the legal challenge was summarily dismissed by Lady Justice Rafferty and Mr Justice Irwin, who said there was a strong public interest in suspects attending court. Ozinhad asked the judge to allow the former politician to appear via video link from his place of residence. Failing that, he suggested Janner could appear via video link from a “less intimidating” room at Westminster magistrates court. A third option, he said, was for Janner to appear via video link from a police station.
“If all of that does not meet the requirements of this court, arrangements have been made for Lord Janner to attend in person,” Ozin added.
But these were all countered by Oakley, for the prosecution. Appearing via video link for these purposes would be “incompatible with legislation”, she said, and attending via video link from a police station was not an option because Janner was not in custody.
Ozin told the high court on Thursday that the former politician was wheelchair-bound, had developed symptoms of Parkinson’s syndrome and had “virtually no language left”.
He said it would be “barbaric, inhumane and uncivilised” to force him to appear in court in person, and that it would be a breach of his human rights.
But the judges, Lady Justice Rafferty and Mr Justice Irwin, rejected that argument as without any evidence. They said any harmful impact on Janner would be short-lived and that he would probably forget it soon after due to his dementia.
Janner faces a rare form of trial known as a trial of the facts. The defendant cannot put forward a defence, no verdict is reached and the court does not pass sentence. The court can only decide whether the offences were committed as charged.
An independent review in April overturned the original ruling of the director of public prosecutions Alison Saunderd that Janner should not be charged over alleged child sex crimes because of his Alzheimer’s.
The 87-year-old peer’s family strong denies claims he used his power to abuse vulnerable young boys at a local children’s home.