Simon Myerson KC 🎗️ Profile picture
Sep 21 7 tweets 2 min read Read on X
I think my own Keir Starmer story, may shed some light on how he makes decisions.
In 2006 I prosecuted a difficult case of manslaughter against 4 young people in respect of the death of another young person, who had a heart attack running away from an assault.
We won.
1/7
The Court of Appeal reversed that result on the basis that the death was not a foreseeable consequence of the type of unlawful act we alleged.
That seemed to me - then and now - to be wrong.
I advised going to what was then the House of Lords.
Starmer was the DPP.
2/7
As per the protocol we had a chat. I talked him through the issues. He asked me for a 2 page summary, & told me that he would ask the House of Lords to determine the issue (he also told me I’d lead the case, but that’s by the by).
I supplied my summary.
I heard nothing.
3/7
I actually thought he must have asked Treasury counsel to do the case, which was personally sad but professionally irrelevant.
Eventually, my (very nice) prosecuting solicitor told me that he had abandoned the entire idea.
I asked why - it was a very good point.
4/7
A lot of embarrassed shuffling later it became clear that he had been talked out of the idea by someone else (I do know who, yes), who knew nothing about the case and never spoke to me - or junior counsel or the solicitor - about it. Nor did Keir Starmer.
5/7
It wasn’t, I gathered, that he had persuaded the point would fail or was wrong (that could hardly have happened without speaking to the team). It was because the person who wanted it binned was going to make his life difficult if he didn’t bin it. Even though he was the DPP.
6/7
So, now I see @UKLabour gaslighting the Jewish community by saying this move will help a 2 solution - which it won’t at all - rather than confronting the disagreement & winning an argument, if it can - I remember my own experience of cowardice & indecision.
Hey ho.
//

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More from @SCynic1

Jul 9
The problems with abolishing trial by jury. Thread:
1. Like doctors see more serious illness than most of us, Judges see more guilty people.
2. It’s pointless to pretend that experience doesn’t affect their judgement - that argument would get short shrift in court.
1/12
3. No one has even tried to collect data on whether the new proposals would be fairer, or more unfair. But given the CJS enjoys broad confidence, change is a risk.
4. The risk will be borne by the accused. That’s unacceptable. Poor people are disproportionately imprisoned.
2/12
5. I sat with magistrates on appeals for 20 years. Times I couldn’t persuade them? 1
6. The advantage of jury service isn’t merely that it takes decisions away from Judges. Involving members of the public in the justice system is a vital part of retaining confidence in it.
3/12
Read 12 tweets
Jun 13
It is difficult to imagine the concern and the fury that must be felt by the Iranian leadership right now.
The plan was to obtain a nuclear weapon, and use it to both blackmail the west, & kill millions of Jews.
1/
As we saw yesterday, our extremist MPs were coordinating a campaign to ensure this country left Israel high & dry. One wonders at the coincidence of the timing.
Instead, the top echelon of the armed forces were removed at a stroke, air defences were shattered,
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& nuclear facilities badly damaged. Mossad operated from the middle of the country, with surface to surface missiles, which took out Tehran’s defences. The Israel‘s knew the address of those top commanders.
Not withstanding the admiration it attracts from British idiots,
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Read 7 tweets
May 2, 2024
Real Israel: 🧵
I’ve just had dinner with my cousin - also my best friend.
He’s lived in Israel since he was 16 - 46 years. Ex tank-commander.
He’s a fairly senior police officer, not in uniform.
He’s “not a Likudnik - probably further to the right”.
He knows I’m way to his left/
On Rafah: military case overwhelming. Diplomatic case bad, except Egypt would be v grateful.
On Netanyahu: useless, finished, only doing what’s right for him.
On Ben Gvir & Smotrich: can’t decide which one I hate more.
On Abbas: useless, finished. They need a new leader.
/
On Hamas: Sinwar is an evil psychopath. The leaders in Qatar aren’t able to do anything.
On Gaza: too many civilian deaths. Almost impossible to determine who is Hamas.
On Palestine: we’re here. They’re here. Neither of us is going anywhere. Only idiots want a military solution /
Read 8 tweets
Nov 9, 2023
Today I spent almost 6 hours at @LJFSLeeds watching the presentation to students by @ItmakesSNS.
I post this (19 tweet long) thread with the permission of both organisations.
The school is about half Jewish. The current conflict directly effects all involved, & is agonising.
1/
@ItmakesSNS does what it says on the tin. Its programme encourages students to think about what solutions that resolve the current conflict fairly might look like. To do that, it presents students with a young (mid 20s) Israeli & Palestinian speaker, each committed to peace.
2/
Each speaker acknowledges that they are not typical of their community. That is sad, but it is important to tell students the truth. The aim is not to bash students over the head with the rightness of either cause, but to explore how both "sides" feel, & why.
3/
Read 19 tweets
Oct 25, 2023
From the debate in the Lords yesterday on Israel & Gaza. Guglielmo Verdirame: professor of international law at the King’s College London.
“There has been a lot of talk about proportionality in the law on self-defence. I refer to the words that the noble Lord, Lord Pannick,
1/
used a few days ago on the test of proportionality. It does not mean the defensive force has to be equal to the force used in the armed attack. Proportionality means you can use force proportionate to the defensive objective, which is to stop, to repel & prevent further attacks.
Israel has described its war aims as the destruction of Hamas’s capability. From a legal perspective, these war aims are consistent with proportionality in the law of self-defence, given what Hamas says & does & what Hamas has done & continues to do.
3/
Read 21 tweets
Oct 13, 2023
Israel is going to attack Hamas where it resides - in Gaza city. That’s the war aim.
Israel has asked the civilian population to leave.
Hamas is stopping people going.
It genuinely prefers the death of its own citizens to their safety.
Why? Because it excites more condemnation.
I am horrified by the civilian deaths this will cause. I unequivocally mourn them all.
Rulers’ primary obligation is to ensure the safety of those they govern. Hamas actively seek the opposite.
Israel actively seeks the wellbeing of its citizens.
The 2 stances are not equivalent.
When 2 entities go to war, civilians are in peril.
Every government that is legitimate will care for its own citizens first. It will do what it must to protect them.
The equal rights of Israelis & Gazans to live in peace have, desperately sadly, collided.
Read 8 tweets

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