The Rambles of Neil Monnery

Another pointless voice in the vast ocean that is the interweb

Why we all need to rally round and stop the changes to legal aid – sign the petition today

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Last night whilst perusing the interweb I was sent a link to the A Barristers Wife blog and promptly spent the best part of the next hour fully taking in all the content on said blog. I won’t lie when I say it was an eye-opening read however it is one that doesn’t surprise me.

The blog is (unsurprisingly considering the title) the blog of the wife of a Legal Aid lawyer. She is writing about some of the cases that her husband has dealt with and why it is vital that changes to the Legal Aid system as proposed by Chris Grayling do not succeed.

The first one I saw was Exhibit C – the “paedophile”. This is a case her husband worked on where a young boy had claimed that his daddy had been abusing him. It seemed a pretty open and shut case until it came out in court that the young boy in fact called both his dad and his stepdad daddy and that he hadn’t seen his real dad in over a year (because of the charges) and wanted to see him and cried. That doesn’t sound like the actions of a kid who had been abused by this man. The lawyer had worked out that it was in fact the stepfather who was the abuser.

Had the lawyer not taken the case diligently and not strong-armed his client into accepting a guilty plea (because the evidence on paper was pretty clear cut) then a completely innocent man would have rotted away in prison only to leave the real abuser still in control of the young boy.

As an aside here I have been the foreman on a jury in a very similar case. The similarities are uncanny and we fund the defendant not guilty due to essentially we didn’t trust the mother’s account of what happened. Her behaviour didn’t add up to us and that was the key. It is strange that evidence counts for so much but behaviour of witnesses do have a real impact. In the other case I sat on during my spell as a juror we didn’t trust the account of the two alleged victims in a GBH case because of the elaborate way they acted in court.

Anyway back to the case in hand. I continued to read the blog.

Next Exhibit B – the “murderer”. This case was a major national case including a Crimewatch reconstruction. The defendant spent over a year on remand awaiting his trial. The lawyer had to spend two weeks (unpaid) to read through all the background information and on the tenth day found the nugget that showed his client could not have been the murderer. In fact in time the Crown’s own evidence would prove he was incapable of being at the murder scene at the time. If we see the proposed changes of legal aid go through then we’ll get to a state where lawyers are just in the business for profit and not to act in the best interests of their client.

At the end of the piece she writes a summary of ‘Why this story should matter to you’ and if you haven’t clicked on the above link (which I would thoroughly recommend) then here is the summary reproduced in full:

Police & CPS procedure – it is clear that the officer in charge of the case had not done what my husband had done, and sat down and read everything. Evidence is collated and summarised in reports, which are passed up and up through the police rank structure. By the time it gets to the top it is a case of “Chinese whispers”. What the top guy reads is not always an accurate reflection of the evidence.

Performance targets – it is unrealistic to expect the police and prosecution to read all of the evidence in every case under the current system. It certainly won’t be possible, even for the defence, under the proposed system. The allocated defence lawyer will be working to targets, working for profit. He won’t have the time to take two weeks out to find the golden nugget. He’ll take a quick look at the evidence, see that it looks pretty damning, and advise the client to plead guilty.

The real scumbag criminal got away with it – as far as we know the real murderer is still at large. The proposed system will lead to more of this. Because if lawyers are to be paid the same whether clients go to trial or not, there will be less trials. Less trials mean less opportunity for upcoming solicitors and barristers to cut their teeth. Less practice on the more simple cases will lead to less proficiency on the complex ones. This will hold for both the defence AND the prosecution. The end result more innocent people going to prison, more guilty people getting away, quite literally, with murder.

It could happen to you – Exhibit B got picked up for this because he had happened to be in the right place at the wrong time. The Crown’s own evidence showed he could not have been at the murder scene at the right time. He served over a year in prison on remand waiting for trial for something he didn’t do. I’ll spare you the details of what happened to him while he was there. And even though he was found not guilty, mud sticks. He was a young man, just starting out. His life was ruined.

Innocence is not interesting – there was a journalist in court for Exhibit B’s trial. Every day there were articles in the local and national papers saying what a nasty piece of work he was. Once the case was thrown out my husband collared the journalist and demanded that he write the story up, listing the points as the judge had directed the jury. Guess what? He didn’t do it. No wonder the public always believe people are guilty until proven innocent.

Innocence is not interesting. Arguably one of the most damning indictments of modern society and she is right. Do we care about people who are falsely accused? Do we heck. The only time we do is if it happens to us or someone that we know. Until that point in general we couldn’t care less and that is something that saddens me. I’m proud to say that I don’t sit alongside those people and think innocence should be as big a news story as guilt. If a defendant is found guilty of a serious crime it will be front page of the local papers but if the same person is found innocent then it’s a snippet on page 17. That isn’t fair but not only that, it isn’t right.

Next up we have Exhibit A – the “child pornographer”. A tale that starts with a granddad’s computer going wrong and taking it somewhere to be fixed. On the computer were images of naked children and the computer repairer called in the police who then arrested the granddad and charged him with possession of level 1 child pornography. Until the trial no-one (including the CPS barrister nor the defence) had seen the photos and the defence lawyer would not advice his client to enter a guilty plea until he had seen the photos. They were eventually granted access to the photos and the CPS barrister upon seeing them offered no evidence and the case was closed.

The whole incident came about because someone pointed a finger (which in this day and age is pretty standard and we all want to be vigilant on these issues) but instead of the police going to see the accused and going through the case properly they just went for it. It turns out the children were his grandchildren and they had come over one day and had forgotten their bathers so were playing in a paddling pool and shooting water pistols naked. A perfectly innocent explanation and one that could have been nipped in the bud before any serious cost to the public purse. Instead police hours, CPS hours, legal aid hours, the court’s time and costs were all incurred when there was never any need for any of it.

On another blog we see the blog post So you’re a football fan, and think the legal aid cuts won’t affect you? which tells of a common tale that could happen to anyone. As a matter of fact a very similar thing happened to me in my teens and it was only the fact that the copper’s colleague really couldn’t be bothered that I wasn’t arrested.

Now I do not know how I’d have reacted as a what 14/15/16 year-old (I can’t remember exactly how old I was) but the context was it was a school INSET day so we were walking through town towards Seaclose Park to play a bit of football. I was saying to the guys something along the lines of ‘I bet we get pulled over by the police asking us why we aren’t in school’ and literally as I said that a cop car drives past eyeballing us. I point and laugh and say to the guys ‘just like that’ and then about 30 seconds later the car has swung around the block and young copper wants to talk to me/arrest me. Older copper (the driver) just stood there leaning on the car and I saw him just shake his head of the younger officer and so I was told to go away. He said I had sworn at him. I knew I hadn’t. However it was effectively my word against his so I’m hypothesising that the advice given to me would’ve been to accept a caution and not taken it to trial had he in fact done what he wanted to do and arrested me.

Of course it didn’t come to that and it was one rather small run-in with the law but I’m not going to lie. Even that incident affected me for quite a while and even years later it would blindside me and I’d think about it. Essentially it was one coppers decision that he couldn’t be bothered with the paperwork that stopped me potentially having a criminal record. How insane is that?

If the proposed changes to legal aid come in and the emphasis changing from putting the clients best interests first towards providing the best value for money and creating profit for the legal aid accredited companies then something has gone seriously wrong in our justice system. Seriously wrong. The cheapest contract is not always the best. I could say that I could school a whole school for £50 a night but that doesn’t mean I could clean it to a level that they expect and the same goes for lawyers.

We can all find ourselves in legal strife through no fault of our own. It can happen to any of us and that is what is so vital about not only the ability to have legal aid but also quality legal aid. Not all defendants are criminal scumbags and until they are found guilty by a jury of their peers they should be allowed the best possible representation from a diligent lawyer who puts the best interest of their client ahead of their own personal views or profit.

If you believe that everyone has the right to a good level of defence when they are only accused of a crime then you can sign the petition here. I did so last night. I would implore you to do so and if this blog post hasn’t convinced you then please read all the pieces that I have linked to. The right to a good standard of defence and advice is something that we all deserve but because of the way the media like to portray all accused as guilty scumbags until proved otherwise and the way society in the main has moved from innocent until proven guilty to suspicious presumed guilty until proven otherwise then it is all the more important that we defend quality legal aid for all who need it. I don’t use libraries but I can see many people that do and therefore don’t mind my taxes being used to keep them open. The same goes for quality legal aid.

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Written by neilmonnery

May 16th, 2013 at 2:24 pm

Posted in News,Politics

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