The LCJ's proposal to limit the right to #TrialByJury should send a cold chill down all of our spines, lawyers & non-lawyers alike. I could write a book full of reasons why this would be a huge mistake but I'll focus on one that is close to my heart. My example focuses on (1/12)
the #Guildford4 & the Maguire Family (#Maguire7). It is important to name the four: Paul Hill, Gerard Conlon, Paddy Armstrong & Carole Richardson. They were accused of setting an IRA bomb in Guildford that killed 5 innocent people & injured many more. All four were convicted (2)
on 22nd October 1975. The Trial Judge was Mr Justice John Donaldson (later to become Master of the Rolls replacing Denning & a life Peer). Why have I embarked on this history lesson? It is not because of my admiration for Baron Donaldson of Lymington, I can assure you. In his (3)
sentencing remarks, Mr Justice Donaldson (as he then was), expressed his regret that the #Guildford4 were not charged with Treason (which still had a mandatory death penalty at the time). Just think about that. Why is that important? The #Guildford4 & #Maguire7 were (4)
completely innocent. On 20th Oct 1989 Sir John May was appointed by the Government to inquire into the Miscarriages of Justice & was critical of the trial judge's decision to admit inadmissible evidence & critical of the trial judge's inability to realise that new evidence (5)
emerging towards the end of the trial undermined the entire prosecution case. The comments the judge made about Treason were very similar to comments made by another respected Judge at the time, Sir Nigel Bridge, who said of the #Birmingham6 (6)
(another huge Miscarriage of Justice) that he wished he could hang murderers. These comments shine a light on the mindset of those Judges; the defendants never stood a chance with Judge's making comments such as those. The point I am making is that Judge's are human & make (7)
mistakes like all of us. Their mistakes can be life changing for defendants and families. Imagine if these judges had the conduct of trials without a jury? There would be no fair trials. Even if bias was subconscious, it would still be there & impact on decisions. (8)
There is good reason why all lawyers will object to the removal of #TrialByJury; it protects the fairness and integrity of the trial. Nothing else will do. Imagine if you faced a trial in front of a Judge who was willing to admit inadmissible evidence & regretted not (9)
being able to hang you? It is a very scary prospect. Whilst I would hope the vast majority of Judges are capable of being entirely fair and balanced, it just takes one & history tells us that there will always be at least one. To finish the story, on 9th February 2005 the (10)
then PM Tony Blair apologised to the #Guildford4 & #Maguire7 stating that "I am very sorry for your ordeal & injustice". A noteworthy moment but it cannot undo the harm & suffering. Say no to #DiplockTrials #JudgeOnlyTrials at all costs! RIP Gerry Conlon & Patrick Conlon (11)
Patrick died in Prison. Young Patrick Maguire was 14 when he was sentenced to 4 years imprisonment. Annie Maguire was sentenced to 14 years imprisonment. Now, answer this honestly, would you choose a single judge over a jury of 12 peers? No is the only sensible answer. (12/12).
