The recent UK Post Office scandal suggests that particular controversy may have cornered the market on rank injustice, however far that be from reality given the continuous work of appeal courts to rectify failings of judges, prosecutors and sometimes, defence lawyers over the years.
Whilst the UK government rushes to make good on what has become a new benchmark of unscrupulous corporate behaviour, prosecutorial excess and the ultimate inability of the courts to protect the man on the Clapham omnibus, there must be an overarching solution.
Peter repeatedly sticking his finger in the dike is not the answer…
Acknowledgement, compensation, apologies and pursuit of those ultimately responsible are only the partial, unfulfilled and present answer.
The group of once vilified postal workers were ultimately lucky, it would appear, by the intervention of the film industry. No such good fortune for the many, many singular individuals whose convictions have been overturned or retrials not pursued or prosecutions simply abandoned.
Who knows it feels it.
It is impossible to understand the deep hurt, embarrassment, pain and suffering that comes from an illegal prosecution discovered too late.
Much water under a bridge of unending sorrow. Running that gauntlet of vice, falsehoods and sitting in a prison cell ultimately meant for those who put you there, all of them.
The UK system of justice is replete with past examples of false evidence, no evidence, lack of disclosure, often of material helpful to an accused, or simply unjust prosecutions.
The undeniable fact is that there has been no sweeping change of a system that continually fails the very people it is meant to protect: the innocent.
This is also a problem in many other U.K. dependencies and territories that could benefit from comprehensive changes.
In one case in a U.K. territory, the Cayman Islands, there is the example of a young man who was given twelve years imprisonment on the basis of non-existent evidence by a magistrate who then went on to become the Chief Justice.
This injustice passed the scrutiny of the prosecution, defence and court but not appellate oversight.
A similar young man in a similar situation is now their Minister of Tourism. The vagaries of the unequal and incomplete methodology used to treat accused persons.
A paradigm replicated daily in the U.K. and elsewhere. Lack of oversight and no sanctions for incompetence.
A short perusal of appeal reports and in some cases, documentaries on injustice, will provide a conclusive necessity to prevent the recurring nightmare of nincompoop prosecutions.
A system that regularly has persons on remand in prison or on bail for extensive periods, often years, only to have prosecutions called off or dismissed as trial approaches is a failed system. Prosecutors cannot be judge, jury and executioners when cases cannot meet the necessary threshold.
Courts of Appeal and the film industry should not have to be the islands of salvation.
In many cases, especially drug offences, the courts often opt for a diversion strategy for individuals.
A similar early remedy would have been a mandatory review of all charges by the Crown Prosecution Service, formerly headed by the now UK Labour Party leader Sir Keir Starmer, at the relevant time, and private prosecutions by independent third parties including experienced defence lawyers.
An audit or peer review common to many other governmental and corporate activities would also have been appropriate..
UK Post Office scandal: who is responsible?
Leadership has ultimate responsibility and to claim lack of knowledge is simply disingenuous.
A private or other prosecution can be stopped by the Director of Public Prosecutions or Attorney General at any time depending on the jurisdiction.
There is much work to be done to undo the conventions and sins of the past. Discarding those ultimately responsible is a good first step.
Too often prosecutors or prosecuting authorities are reluctant to stop cases with charges they ruled on to proceed. It then becomes a self-fulfilling prophecy. A criminal investigation and court case is an ever changing landscape requiring regular and robust review.
Much more can be done with a change of mindset away from repair to completely reset and give true meaning to restorative justice.
Notes & references:
Missing evidence leads to quashed drug conviction : Cayman News Service Archive (2008-2014)
FCU gives back cash in quashed drug case : Cayman News Service Archive (2008-2014)
Crown faces compensation claim for jail time : Cayman News Service Archive (2008-2014)
Two jailed for supplying cocaine – Cayman Compass
Bryan Elected New CTO Chairman – OneCaribbean.org
Recent Articles:
The Iranian Whac-A-Moles: Houthis, Hezbollah and Hamas, by Peter Polack – https://eutoday.net
EU: The Iron Wall, by Peter Polack – https://eutoday.net
Innocence is no Defence – Gaza and others, by Peter Polack – https://eutoday.net
Biography:
Peter Polack was a criminal defence lawyer for over three decades. He is the author of The Last Hot Battle of the Cold War: South Africa vs. Cuba in the Angolan Civil War (2013), Jamaica, The Land of Film (2017) and Guerrilla Warfare: Kings of Revolution (2018).He was a contributor to Encyclopedia of Warfare (2013) and his latest book entitled Soviet Spies Worldwide: Country by Country, 1940–1988 will be published by McFarland in 2024.
