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The Janner hearings will be awful but the case must proceed | The Janner hearings will be awful but the case must proceed |
(3 days later) | |
There is no satisfaction to be taken from the messy and wholly distressing set of proceedings that now surround the elderly Labour peer Lord Janner. He faces 22 charges of historic child sex abuse; there is widespread and public discussion of his mental state, his every movement is scrutinised and his every recent utterance is pored over for evidence of mental capacity. | |
Related: Lord Janner makes first court appearance over child sex abuse claims | Related: Lord Janner makes first court appearance over child sex abuse claims |
At the same time, any of his accusers with genuine complaint will also have legitimate frustrations. Frustrations heightened today by the initial failure of the peer to turn up for his first appearance in what could be a lengthy court process. Following the dismissal of an appeal from his lawyers, he was compelled to appear at Westminster magistrates court. He did not, with lawyers arguing that he should be allowed to appear via a video link from his home, an approach more appropriate to an 87-year-old man suffering from Alzheimer’s disease. The judge disagreed, threatening to arrest him. In the afternoon, Lord Janner – whose relatives protest his innocence – appeared briefly and was committed to face further scrutiny at the crown court. | At the same time, any of his accusers with genuine complaint will also have legitimate frustrations. Frustrations heightened today by the initial failure of the peer to turn up for his first appearance in what could be a lengthy court process. Following the dismissal of an appeal from his lawyers, he was compelled to appear at Westminster magistrates court. He did not, with lawyers arguing that he should be allowed to appear via a video link from his home, an approach more appropriate to an 87-year-old man suffering from Alzheimer’s disease. The judge disagreed, threatening to arrest him. In the afternoon, Lord Janner – whose relatives protest his innocence – appeared briefly and was committed to face further scrutiny at the crown court. |
We have reached a stage where none of the alternatives are palatable. The sight of a confused old man apparently bewildered by proceedings will offend public sensibilities. There will be questions about the legitimacy of a full trial – if such a stage is reached – that may require an old man to recall events with clarity sufficient to allow for a coherent defence. And yet the die is cast. | |
The process will be grisly but it is a process that must play out. | The process will be grisly but it is a process that must play out. |
Timing is everything here. The historic nature of the alleged offences is an issue, as is Lord Janner’s age. But so, too, is the timing of these allegations in relation to unrelated scandals that have gone before: Jimmy Savile, Rolf Harris, Stuart Hall. There is real public anger over what has emerged about historic sex abuse. To say this public disquiet must be addressed is not to succumb to mob rule. It is to recognise a reality. | Timing is everything here. The historic nature of the alleged offences is an issue, as is Lord Janner’s age. But so, too, is the timing of these allegations in relation to unrelated scandals that have gone before: Jimmy Savile, Rolf Harris, Stuart Hall. There is real public anger over what has emerged about historic sex abuse. To say this public disquiet must be addressed is not to succumb to mob rule. It is to recognise a reality. |
Given the gravity of the allegations, given the public mood, it was truly naive of the authorities and Alison Saunders, director of public prosecutions, to believe that an administrative, bureaucratic decision on Lord Janner’s fitness would suffice. It was always likely to require a transparent and manifestly public process. In the US, such a judgment might have been brought into the public domain by way of a publicly convened grand jury or in court before a judge, representing “the people”. | Given the gravity of the allegations, given the public mood, it was truly naive of the authorities and Alison Saunders, director of public prosecutions, to believe that an administrative, bureaucratic decision on Lord Janner’s fitness would suffice. It was always likely to require a transparent and manifestly public process. In the US, such a judgment might have been brought into the public domain by way of a publicly convened grand jury or in court before a judge, representing “the people”. |
This trial process commenced today and, messy as it is, might be the closest we can come to that. If it collapses because, ultimately – after submissions – Lord Janner is found unfit by a judge, so be it. Justice will be done, as far as is possible, but, now more than ever – and in this case more than most – justice must be seen to be done. | This trial process commenced today and, messy as it is, might be the closest we can come to that. If it collapses because, ultimately – after submissions – Lord Janner is found unfit by a judge, so be it. Justice will be done, as far as is possible, but, now more than ever – and in this case more than most – justice must be seen to be done. |
The erosion of public confidence in our institutions is regrettable and will yield all manner of unfortunate repercussions, but it is a fact of life, and it manifests itself in the way that this case has unfolded. The process will be grisly, but it is a process that must play out. It cannot be otherwise. | The erosion of public confidence in our institutions is regrettable and will yield all manner of unfortunate repercussions, but it is a fact of life, and it manifests itself in the way that this case has unfolded. The process will be grisly, but it is a process that must play out. It cannot be otherwise. |
• For legal reasons comments will not be open for this article | • For legal reasons comments will not be open for this article |
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