Afterword

‘This is not the end. It is not even the beginning of the end. But it is perhaps the end of the beginning,’ Winston Churchill observed a year after I was born. He meant the Second World War, I mean this book. What struck me whilst writing it, and has done so even more forcibly since, is the way in which the present moment echoes the past and informs the future. Lessons of history have to be relearned, and battles refought, by each generation. In this way previous achievements can be consolidated and change, especially the pace of change, accommodated.

Between publication in September 2009 and the General Election in May 2010, Yvette and I completed over fifty speaking engagements – book festivals, university lectures, theatre talks, local groups, youth and civil rights conferences – in all parts of the UK and Ireland. It was an exciting and vibrant period because each audience expressed a consistent and reasoned exasperation with contemporary politics and a genuine respect for the principles of natural justice and the rule of law. Long before the pundits and polls began predicting the possibility of a hung parliament, it was clear that there was hunger for real change right through to the system itself, and a battered belief that this might just be brought about at the ballot box.

The central theme of the book and the talks has been the need to infuse and revitalise our democratically bankrupt society with the attribute of accountability. This has certain essential defining elements: an electoral system which produces a result which fairly and proportionately reflects the complexion of the votes cast; a representational system wherein those elected are ‘mandated’ or ‘contracted’ on the basis of the commitments made to the electorate; a right of removal by the electorate if the contract is broken; the abolition of prerogative powers; the establishment of a fully elected second chamber; improved scrutiny of primary and secondary legislation; a properly funded scheme to enable citizens to pursue legal remedies for enforcing civil rights.

In the absence of these elements, the vacuum has been filled by the persistence and determination of individuals, families and communities. Each contributes to the strength of the other and each sets a new agenda and fresh boundaries. As a result, over the last forty years they have increasingly demonstrated how pressure can be exerted and change can be effected. I have already written about many of these in the book, but the momentum has been maintained in admirable ways.

On 8 May 2010 over 1,000 young people gathered outside a meeting of senior Liberal Democrats in Westminster, as part of the 2010 democracy movement, to prevail upon Nick Clegg not to renege on his pledge to reform the electoral system in any deal with other parties seeking to form a government. This was the kind of people’s protest more commonly associated with the much heralded pro-democracy movements in Eastern Europe, China and Burma. They are right to insist that before any progress can be made on any other front the vote must be made to count, as the suffragettes recognised only too well.

Presently there is a glimmer of hope that the Coalition Agreement reached on 11 May 2010 will address some of these concerns with its commitment to political reform and civil liberties. It remains to be seen, however, whether actions will speak louder than words.

Throughout 2009 it was the families of Iraq war victims who campaigned tirelessly for a Public Inquiry. This had been rejected initially by Tony Blair, delayed by Gordon Brown and then sought to be held behind closed doors. Finally the ongoing Chilcott Inquiry is being held in public. Families devastated by the Omagh bombing have been vindicated by a cross-party parliamentary committee report in March 2010 which has recommended a reinvestigation of withheld intelligence. Similarly, families patiently awaiting an inquest into the London 7/7 bombings have succeeded in persuading the Coroner to permit questions about how much prior intelligence was available. A year after the death of Ian Tomlinson his family is pressing the DPP for a decision on police involvement in his death during the G20 demonstration in 2009.

In the wake of this tragedy, friends and relatives of Blair Peach, particularly Celia Stubbs, who for thirty one years have steadfastly maintained that his death during an antifascist demonstration in Southall was caused by police brutality, were vindicated. Finally in April 2010 they managed to obtain disclosure of a report written at the time by a senior police officer (Cass), which confirmed their position. The really disgraceful aspect of this was the way the Coroner suppressed the report, while accusing Blair Peach’s supporters of a left-wing conspiracy, and allowed a verdict of misadventure. Five years earlier, I had represented the family of Kevin Gateley, who died in equally controversial circumstances during another antifascist demonstration in Red Lion Square. It is only the vigilance of the citizen which can deter repetition.

A prime example of this determination is Jim Swire, whose daughter, Flora, was killed in the Lockerbie bombing mentioned in the Prologue. He kindly attended the London launch of this book at the Riverside Studios where he repeated his strong reservations about the trial and appeal processes. Without question the conviction of Megrahi was based primarily on flimsy, flawed identification evidence – a matter barely raised during the public furore about his return to Libya. The Scottish Criminal Cases Review Commission also felt there was sufficient new material to undermine the safety of the conviction and had referred the whole case back to the Scottish Court of Appeal. A critical part of this referral concerned non-disclosed information, the most secret of which was about to be canvassed in court in November 2009. Justice will not be done, nor seen to be done until all is revealed. However long Jim has to wait I am convinced his unerring quest for truth will be rewarded.

This is exactly what happened for the families involved in Bloody Sunday. After enduring thirty-eight years under the shadow of unfounded innuendo, their insistence upon a full and fair public inquiry came to fruition with the publication of the Saville Report on Tuesday 15 June 2010.

The main square outside the Guildhall in Derry was filled with expectant people, some of whom recreated the Civil Rights march which in 1972 had been planned to end with a rally in the square. They carried massive banners depicting the fourteen dead civilians. Inside the Guildhall, lawyers, including myself, were locked in with close relatives of the victims to get the first glimpse of the report’s findings. Meanwhile the world’s media lined the ramparts of the city walls alongside its impressive black cannons to await the outcome announced by the Prime Minister, David Cameron, in the House of Commons at 3.30pm. Transmitted live on a huge screen, he rose to the occasion with measured determination and searing sentences. His words, like those of the Report itself, were uncompromising and unequivocal. The actions of those paratroopers who killed and injured the twenty-eight Derry citizens were ‘shocking . . . unjustified and indefensible’. Their false assertions about those they shot were also unsustainable.

Then came an unforeseen moment in which the crowd, listening intently, caught a collective breath as David Cameron simply stated, ‘On behalf of our country I am deeply sorry.’ It took a few seconds of utter silence for the words to sink in before spontaneous cheering and clapping erupted. Relief, release and reinvigoration followed fast upon the heels of each other. This was the liberation of spirits imprisoned by an injustice inflicted by agents of the British state, and compounded by no less a figure than Lord Widgery, the Lord Chief Justice, who conducted the first inquiry with undue haste and summary judgment. I felt a deep sense of satisfaction that I had played a part in rectifying the worst miscarriage of justice in my professional lifetime.

The lessons for the military, the politicians and the system of justice are obvious. The exercise of oppressive unaccountable power cannot be countenanced. Respect for basic civil rights – equal access to housing, employment, education and franchise – must be effected. Above all, the means for ventilating grievances, commonly by taking to the streets, whether by marches, meetings or rallies, must always be facilitated.

I have been overwhelmed by the warm reception given to my Memoirs and the way in which they appear to have provided a breath of fresh air and inspiration in troubled times. I prefer to call the next stage of my life renaissance rather than retirement, and this is why, amongst other things, I have joined the Russell Tribunal on Palestine as a jury member – focusing on the world’s complicity in the crimes being committed by the Israeli state, exemplified most recently by its murderous attack on the flotilla conveying humanitarian aid to Gaza.

I will continue to stand alongside those who struggle for peace, justice and truth.

Michael Mansfield, June 2010

Acknowledgements

My sincere thanks and appreciation to those who have helped me in producing a memoir of my legal career . . .

Anthony & Robina Masters – Anthony’s untimely death jolted me into creating this as a commemoration of his joie de vivre.

Bill Swainson, Senior Editor, Bloomsbury – patience personified, thoughtful and perceptive – what more can one hope for in an editor?

Sean Magee, who helped shape and frame the book with sensitivity and professionalism.

David Hooper for the scrutiny of his legal eagle-eye.

Anna Simpson, Editor, always good humoured, efficient and positive.

Mandy Greenfield, Catherine Best and Vicki Robinson for meticulous copyediting, proofreading and indexing respectively.

The team at Bloomsbury including Colin Midson, Ruth Logan, Nick Humphrey, Penny Edwards and Polly Napper.

Nigel Warner, for writing our very first outline so long ago I can now hardly recall . . .

Camilla Cameron for her unstinting support as my PA for ten years and for garnering valuable research; and Natasha Coburn who has recently stepped into her capable shoes with enthusiasm and competence.

The clerks at Tooks, who are a collective team of wizards at endless information retrieval.

My family, for allowing me to trespass on their privacy where it touches on my legal life – especially my great children: Jonathan, Anna, Louise, Leo, Kieran and Freddy, and my gorgeous grandchildren: Larissa, Elyse, Charlotte, Myles and baby Luca.

And my darling wife Yvette, for her electronic, intellectual, inspirational skills.

Notes

Criminal cases may involve at least two stages – trial and appeal. Records relating to these stages are many and various. The primary record of trial is made by a shorthand writer or stenographer; it can then (but not always) be converted into a transcript. Copies may be held by the court, the firm of shorthand writers or the firm of solicitors involved. These will only exist because someone has requested one for some purpose. The transcript will have a case number reference which includes the year of the trial, the number given to the case by the court which appears on the indictment and sometimes initials, maybe referring to a defendant. For example: 2000/111111/MM.

If, however, a transcript hasn’t been produced it may still be possible to procure one if you have some idea of the name, place and date of the trial. But this will have to come from the firm of shorthand writers at the time, which will require payment for the transcription.

Nowadays there is an increasing use of ‘Livenote’, an instantaneous transcription service that usually ends up on the Internet. Presently there are very few criminal trials recorded in this way. A transcript from this source could come from, for example, www.sellers.co.uk. In the case of high-profile public inquiries or inquests full transcripts are easily available on the Web. Enter the case name and ‘transcripts’ into a search engine and it should come up.

If a case has gone to appeal the process of transcript recovery is much the same. Once again there will be a case number, usually incorporating the year in which the application for leave was lodged, the number allocated to the application individually for each applicant, plus letters referring to who knows what. In forty-two years, I’ve never bothered to ask! For example 2000/1111/M1.

Besides transcripts, cases are reported. This is mainly done for the purpose of highlighting points and decisions on matters of law. These reports do not provide a verbatim account of what has transpired at trial or on appeal but what they do provide is the rationale for rulings and judgments. Not all decisions are reported. Some may appear in short form, summarised in newspapers such as The Times and the Independent and specialist journals such as the Criminal Law Review (CLR). Full reports are available in law libraries under different titles, such as All England Law Reports (AER), Weekly Law Reports (WLR) and Criminal Appeal Reports (CAR). These reports are often published many months and sometimes years after the judgments themselves. They are arranged by date, volume number, followed by the initials of the report series, and page number within the volume. For example [2000] 1 CAR 55.

Most of these law reports are available on the Web if you are a member of a legal network; they can be very expensive. For example, try Westlaw and Casetrack.

Chapter 1: ‘Michael, You See What You Want to See!’

1 The Doppler Effect: when a source of light (or sound) is moving towards or away from an observer (radial velocity) the photons (or sound waves) show a shift in wavelength from what would be observed for a stationary source. The sense of the shift is towards longer wavelengths for receding objects and shorter wavelengths for objects coming towards us.

Chapter 3: Drugs, Rock and Law

1 Michael Mansfield, ‘Private Drug Use – No Crime?’, Drugs & Society, Macmillan Journals, London, July 1973, vol. 2, no. 10, pp. 10–11.

Chapter 4: Prints and Impressions

1 Gordon Carr, The Angry Brigade, the Cause and the Case: Britain’s First Urban Guerillas, Victor Gollancz, London, 1975.

2 Marshall McLuhan’s The Gutenberg Galaxy: The Making of Typographic Man (University of Toronto Press, Canada, 1962) is a pioneering study in the fields of oral culture, print culture, cultural studies and media ecology.

3 Lord Justices Swinton Thomas, Garland and Longmore, Judgment no. 9704481S2, 17 December 1998; The Times, 18 December 1998, p. 15.

4 James Randerson, ‘Study questions reliability of fingerprint evidence’, Guardian, Friday 23 March 2007.

Chapter 5: Parents at Risk

1 Lady Bracknell interviewing Jack/Ernest about his background in The Importance of Being Earnest by Oscar Wilde, Penguin Classic, London, 1995.

2 The Confidential Enquiry into Maternal and Child Health (CEMACH) was established in April 2003. It replaces CESDA (the Confidential Enquiry into Stillbirths and Deaths in Infancy) and CEMD (the Confidential Enquiry into Maternal Deaths); this gives it a truly perinatal focus, but its remit is now wider and includes all childhood death.

3 Trial transcript, 5 March 2002, pp. 941–3, my cross-examination.

4 The long QT syndrome (LQTS) causes an abnormality of the heart’s electrical system. The mechanical function of the heart is entirely normal. The electrical problem is due to defects in the heart-muscle cell structures known as ion channels. These electrical defects predispose affected persons to a very fast heart rhythm (arrhythmia) called ‘Torsade de Pointes’ (TdP), which leads to a sudden loss of consciousness (syncope) and may cause sudden cardiac death.

5 Lord Justice Judge’s judgment [2004] EWCA Crim. 1; 2 CAR7; 1 WLR 2607; 1 AER 725, given on 19 January 2004 in Angela Cannings appeal; conviction quashed on 10 December 2005.

6 From BBC News on the Cannings appeal, 10 December 2003; see also Angela Cannings, with Megan Lloyd Davies, Against the Odds, A Mother’s Fight to Prove Her Innocence, Time Warner Books, London, 2006.

7 Stephen Howard, ‘Abuse case couple lose fight to get children back’, Independent, 12 February 2009

8 Lord Justice Gage and Justices Gross and McFarlane, Case no. 200403277, 21 July 2005, 2006 1 CAR 55.

9 Tooks Court became Tooks Chambers when we moved location from Tooks Court itself to Clerkenwell in 2004.

10 Kevin Callan, Kevin Callan’s Story, Little, Brown, London, 1997, p. 14.

11 Philip Wrightson, Dorothy Gronwall and Peter Waddell, Head Injury: The Facts, Oxford University Press, New York, 1998.

12 From my Foreword to Kevin Callan, Kevin Callan’s Story, Little, Brown, London, 1997, p. ix.

13 Jane Merrick, ‘Cuts to Forensic Watchdog’, Independent, 22 March 2009

14 Frye v. United States, 293 F. 1013 (D.C. Cir. 1923).

15 The Daubert Test arose out of the United States Supreme Court case Daubert v. Merrell Dow Pharmaceuticals, 509 US 579 (1993).

16 Sourced from Esther Rantzen, Esther: The Autobiography, BBC Books, London, 2001, ch. 13, pp. 293–4.

Chapter 6: 1984

1 Financial Times, 4 March 1985.

2 Bernard Jackson and Tony Wardle, The Battle for Orgreave, Vanson Wardle Productions, Brighton, 1986, ch. 3, p. 37.

3 Ibid., ch. 6, p. 76.

4 Hansard HC Deb 20 June 1991 vol. 193 cc463–81; see also: http://hansard.millbanksystems.com/commons/1991/jun/20/business-of-the-house

5 See: www.thepeoplescharter.com.

6 See: http://news.bbc.co.uk/onthisday/hi/dates/stories/february/15/newsid_3455000/3455083.stm.

7 See: www.activistslegalproject.org.uk.

Chapter 7: The Slenderest Thread

1 ‘Bailey’ is defined as a courtyard of a castle formed by spaces between the defences which surround the keep.

2 Cited in both Brian Cathcart, Jill Dando, Her Life and Death, Penguin, London, 2001, ch. 15, pp. 279–80, and S. C. Lomax, The Case of Barry George, Kempton Marks, Hertford, 2004, ch. 6, p. 128.

3 The Parabellum pistol was developed by Georg Luger in Germany, c. 1898. The Parabellum name comes from the ancient Latin saying, ‘Si vis Pacem, Para bellum,’ (If you want Peace, prepare for War). See www.world.guns.ru/handguns/hg67-e.htm if you must.

4 Cited in Lomax, The Case of Barry George, ch. 2, p. 31.

5 Justin Davenport, ‘Yard to investigate Serbian’s bar boast that he killed Dando’, Evening Standard, Monday 23 February 2009.

Chapter 8: The Need to Know

1 Sections 8(i) and 8(iii) respectively of the Coroner’s Act 1988.

2 See: www.inquest.org.uk

3 Size and tonnage specifications from the Marchioness Inquiry Report, vol. 2, annex D, p. 1; speed specification from the Marchioness Inquiry Report, vol. 1, para. 10.19, p. 1: both The Stationery Office, February 2001.

4 ‘Marchioness hands lost for years’, BBC News Online, 8 December 2000. See: http://news.bbc.co.uk/i/hi/uk/1061472.stm

5 The Marchioness Inquiry Report, vol. 1, para. 15.56, p. 153, Right Honourable Justice Clarke and panel.

6 Ibid., para. 16.32, p. 174.

7 Ibid., para. 21.2, p. 251.

8 Oral evidence taken before the Home Affairs and Work and Pensions Committees, Thursday 10 November 2005.

9 The Stephen Lawrence Inquiry/Macpherson Report, The Stationery Office, February 1999, ch. 13, para. 25.

10 From material provided to the Stephen Lawrence/Macpherson Inquiry, which began on Tuesday 24 March 1998.

11 The Stephen Lawrence Inquiry/Macpherson Report, ch. 19, para. 8.

12 Ibid., ch. 8, para. 7.

13 This reference is at 7.31 in the transcript of the hearings of the Stephen Lawrence/Macpherson Inquiry; a version of part of the protracted surveillance appears in the appendices to The Stephen Lawrence Inquiry/Macpherson Report.

14 Archbold: Criminal Pleading, Evidence and Practice, Thomson Sweet & Maxwell, London, 2007, paras 13-1 to 13-104, p. 1431 onwards.

15 Doreen Lawrence, And Still I Rise, Faber and Faber, London, 2006, pp.185–6.

16 The Stephen Lawrence Inquiry/Macpherson Report, ch. 8, paras 8.2 and 8.3 respectively.

17 Ibid., para. 8.3.

18 Jamie Doward, ‘New report says racism still rife in police force’, Observer, Sunday 15 February 2009, p. 5.

Chapter 9: The Trouble with Ireland

1 Patrick Bishop and Eamonn Mallie, The Provisional IRA, Heinemann, London, 1987, p. 9; and Marianne Elliott, Wolfe Tone, Yale University Press, London, 1989, pp. 392–5.

2 A paralegal who assists a solicitor’s firm by attending court, interviewing witnesses and visiting clients in prison.

3 Suzanne Breen, ‘Old Bailey bomber ashamed of Sinn Fein’, The Village, 7 December 2004; see: www.irishfreedomcommittee.net/news/december_2004

4 Don Mullan and John Scally, Eyewitness Bloody Sunday: The Truth, Merlin, Dublin, 2002, p.xli.

5 The Bloody Sunday Inquiry/Saville Report, Day 260/46/3 to Day 260/53/22.

Chapter 10: That Little Tent of Blue

2 Ibid.

3 Michael Mansfield and Maggie Raynor, Whale Boy, Mantra Publishing, London, 1991.

4 Nicki Jameson and Eric Allison, Strangeways 1990: A Serious Disturbance, Larkin Publications, London, 1995.

5 Prisons Security Act, 1992, Archbold, 2009, p 2689, paras. 28-217 to 28-218.

6 Anne Owers, Chief Inspector of Prisons, ‘Prison System at a Crossroads, Warns Chief Inspector’, Press release re Annual Report 2006–2007, 30 January 2008, see www.inspectorates.homeoffice.gov.uk/hmiprisons.

Chapter 11: The Magic Bullet?

1 Prof. Brian Caddy (Strathclyde University), Review commissioned by the Forensic Science Regulator, November 2007.

2 Transcript of Omagh judgment, Neutral Citation No. (2007) NICC 49 Ref. WEI 7021, esp. paras 62–4, pp. 20–23.

3 Sean O’Neill, ‘Defence lawyers ready to seize on DNA doubts’, The Times, 24 January 2008.

4 Caddy Report, November 2007; A Review of the Science of Low Template DNA Analysis, April 2008; see: police.homeoffice.gov.uk/publications/operational­policing.

5 Paul Foot, Who Killed Hanratty?, Jonathan Cape, London, 1971; and Bob Woffinden, Hanratty, the Final Verdict, Macmillan, London, 1997.

6 Rod Chaytor, ‘I’d rather have died in jail than admit a murder I didn’t do’, Daily Mirror, Saturday 5 July 2003.

7 Ibid.

8 Sandra Laville, ‘Twenty-seven years on’, Guardian, 12 March 2009.

9 R v. Deen, The Times, 10 January 1994, CA; and Archbold, 2009, paras 14–58, p. 1585.

10 Iain Haddow, ‘Debating ethics of DNA database’, BBC News Online, Wednesday 9 January 2008; see: http://news.bbc.co.uk/1/hi/uk/7177152.stm.

11 Ibid.

12 Peter Walker, ‘European court rules DNA database breaches human rights’, Guardian , 4 December 2008.

Chapter 12: Cops and Robbers

1 Transcript of the judgment of the Court of Appeal, Lord Justice Roch and Justices Hidden and Mitchell, Wednesday 30 July 1997, Ref. 96/5131/S1, p. 47.

2 Ibid., p. 57.

3 Ibid., p. 89.

4 Ibid., p. 137.

5 Gisli Gudjonsson, The Psychology of Interrogation, Confessions and Testimony, John Wiley & Sons, Chichester, West Sussex, 1992.

6 Appeal of Engin Raghip, Judgement Ref. 90/5920/51, 91/4944/51, 91/4945/51, Court of Appeal Criminal Division 5 December 1991.

7 Ibid, pp. 4–6.

8 Ibid, pp. 18–19.

9 Michael Mansfield and Tony Wardle, Presumed Guilty, Heinemann, London, 1993, ch. 8, p. 96.

10 Clive Walker and Keir Starmer, Miscarriages of Justice, Blackstone Press, London, 1999, p. 39.

Chapter 13: The Switch

1 Letter in Lord Acton’s Life of Mandell Creighton, cited in Oxford Dictionary of Quotations, Oxford University Press, Oxford, 2nd edition 1953, p. 1.

2 From material at the trial of the alleged Iraqi hijackers, Old Bailey, 1997, in front of Mr Justice Wright.

3 Court of Appeal judgment, Thursday 17 December 1998, Ref. 9707758/51.

4 From material in the Court of Appeal, 1998, in front of Lord Justice Rose.

5 A precis of the Terrorism Act 2000, Section 1, and the Terrorism Act 2006, Section 34.

6 Fabio Bourbon, Egypt Yesterday and Today, Lithographs by David Roberts, RA, American University in Cairo Press, 1996, pp. 173–5.

7 Mahatma Gandhi explains his philosophy, way of life and the concept of non­violence (ahimsa) in his autobiography The Story of My Experiments with Truth, Navajivan Trust, 1927.

8 From an email from her husband Omar, in evidence at the trial of Tahira Tabassum at the Old Bailey, April 2004.

Chapter 14: Lifting the Lid

1 Convicted of the (sexual) murder of a young girl in 1976, Stefan Kiszko spent sixteen years in prison until he was released in 1992. He died of a heart attack the following year at his mother’s home, aged forty-four; his mother, who had waged a long campaign to prove her son’s innocence, died six months later. A detective and a forensic scientist were charged with perverting the course of justice, but the case was halted at committal because of ‘the lapse of time’. See Stewart Tendler, ‘Two are Accused of Perverting Justice’, The Times, 12 May 1994.

2 Michael Mansfield and Tony Wardle, Presumed Guilty, Heinemann, London, 1993, p. 55.

3 Judith Teresa Ward, 1993, 96 CAR 1, p. 56.

4 Ibid., p. 51.

5 Dominic Kennedy, ‘Uncovered: Police notes cast doubt over Eddie Gilfoyle murder’, The Times, 20 February 2009; ‘New evidence prompts police review of murder case’, The Times, 21 February 2009.

6 The Criminal Cases Review Commission (CCRC) is the independent public body set up in 1995 to investigate possible miscarriages of justice in England, Wales and Northern Ireland. (Previously this had been left to the Home Secretary.) The Comission assesses whether convictions or sentences should be referred to a court of appeal. See: www.ccrc.gov.uk.

Chapter 15: Shared Experience

1 Charles Dickens, Bleak House, Penguin English Library, London, 1984, p.178.

2 Ibid, p.182.

3 Lord Scarman’s The Scarman Report (25 November 1981, The Stationery Office), which resulted from an official inquiry into rioting in the Brixton neighbourhood of London, concluded (amongst other recommendations) that the police had become too remote from their communities and that local citizens should have more input into police policy-making.

4 Tandana – the Glow-worm website (archiving the Bradford Twelve case). See: www.tandana.org

Chapter 16: The Execution

1 Jane Officer (ed.), If I Should Die, New Clarion Press, Cheltenham, 1999.

2 Cited in Marie Mulvey Roberts, Out of the Night, New Clarion Press, Cheltenham, 1994, p. 245.

3 Death Sentences and Executions in 2007, Amnesty International, issued April 2008

4 Robert Verkalk, ‘China Spearheads Surge in State Sponsored Execution’, Independent, 24 March 2009.

5 Amicus derives its meaning from the legal term amicus curiae, which is used to describe lawyers who intervene in cases to provide advice and information on issues that are being litigated.

6 See: www.amicus-alj.org

7 The African Prisons Project’s founder, Alexander McLean, won the Beacon Fellowship Award 2007; see: www.africanprisons.com

8 The Murder (Abolition of Death Penalty) Act 1965, Section 1, Archbold, 2009, p. 707, para 5-236.

9 Transcript of Case no. 9706415/S2, p. 10.

10 See their judgment at Neutral Citation No: (2003) EWCA, Crim. 3556, para. 90.

11 Although her sister Muriel Jakubait, in her book My Sister’s Secret Life (Constable & Robinson, London, 2005) argues that Ruth was the victim of a secret-service conspiracy run by Dr Stephen Ward, who was later linked to the Profumo/Keeler scandal.

12 Ministry of Justice, Murder, Manslaughter and Infanticide: Proposals for Reform of the Law, Consultation Paper, July 2008; see: www.justice.gov.uk/ publications/cp1908.

13 Jakubait, My Sister’s Secret Life, ch. 15, pp. 235–6.

14 Peter and Shirley Adams, Knockback (Duckworth, London, 1982) contains their letters.

Chapter 17: No ExSkuse

1 The full chronology of events was as follows:

•	Trial, 15 August 1975 before Mr Justice Bridge.

•	Appeal, March 1976 before Lord Chief Justice Widgery.

•	Application for a civil action against the police and Home Office for injuries in custody, 17 January 1980, before Lord Denning, Master of the Rolls.

•	Appeal to House of Lords, November 1981, upheld Denning’s judgment.

•	Second appeal, referred back by Home Secretary, Douglas Hurd, 20 January 1987.

•	Second appeal, 2 November 1987, before Lord Lane, Lord Chief Justice in Court Number 12, Old Bailey, denied 28 January 1988.

•	Third appeal before Lord Justice Lloyd, 4 March 1991.

•	Release date, 4 p.m. 14 March 1991

2 Ludovic Kennedy, Ten Rillington Place, first published by Victor Gollancz, London, 1961.

3 Chris Mullin, Error of Judgement, Poolbeg, Dublin, 1987.

4 Lord Denning’s judgment, 17 January 1980, on the Birmingham Six’s action against the police, cited in Mullin, Error of Judgement, p. 243.

5 Arthur Koestler, The Roots of Coincidence, Vintage, London, 1973.

6 Mullin, Error of Judgement, pp. 311, 325–8.

7 Ibid.

8 Ibid.

9 Terry Kirby, ‘Decision to Halt Birmingham Six case “exceptional”’, Independent, 16 October 1993.

10 Seamus Boyd, ‘Birmingham Six Reflect on their Lost Years’, BBC News NI, 14 May 2002.

Chapter 18: Big Brother

1 John Ezard, ‘Did love turn Orwell into a government stooge?’, Guardian, 21 June 2003.

2 Timothy Garton Ash, ‘Under the blanket’, Guardian, 10 July 2003.

3 David Leigh and Paul Lashmar, ‘Revealed: how MI5 vets BBC staff’, Observer, 18 August 1985.

4 There is a sinister pro-Nazi website – PzG.biz – where you can buy a recording of the song. The memorabilia on offer are advertised as ‘helping you create the ultimate Adolf Hitler, Third Reich Nazi military collection’. Nice.

5 Leigh and Lashmar, ‘Revealed: how MI5 vets BBC staff’.

6 Ibid.

7 Hugo Young and Cathy Massiter, MI5’s Official Secrets, 20/20 Vision for C4, 1988. Sean O’Neill and others, ‘No Secrets, No Risk’, The Times, 17 April 2009.

8 Sean O’Neill et al., ‘No Secrets, No Risk’, The Times, 17 April 2009.

9 Annie Machon, Spies, Lies and Whistleblowers, The Book Guild, Lewes, Sussex, 2005, ch. 2, p. 44, confirms that there was an MI5 file in existence.

10 See: www.the-hutton-inquiry.org.uk.

11 Republic, the Campaign for an Elected Head of State and a British Republic: www.republic.org.uk.

12 Middleton v. HM Coroner for West Somerset, 2004 2 AC 182.

13 R v. Greater Manchester Coroner, case Tal (1985) QB 67.

14 From the official Diana/Dodi inquest transcript, available at: www.scottbaker­inquests.gov.uk/hearing_transcripts/031007am.htm, p.81: 17–23.

15 Operation Paget Inquiry report: overview, p. 4; see: www.direct.gov.uk/en/Nl1/ Newsroom/DG_065122.

16 www.scottbaker-inquests.gov.uk/hearing_transcripts/031007am.htm, 07.04.2008, pp.6–7.

17 Ibid., 24.10.2007, p. 47.23 to p. 48.2.

18 Ibid., 24.10.2007, p. 73.17 to p. 75.16.

19 Ibid., 24.10.2007, p. 10.3–6 and p. 23.9 to p. 23.12.

20 Ibid., 24.10.2007, p. 25.16 to p. 25.18.

21 Ibid., 12.03.2008, p. 82.2.

22 Ibid., 11.10.2007, p. 6.2–12 and p. 12.24 to p. 13.25.

23 Ibid., Inquest. Doc. 0006335.

24 Ibid., 15.01.2008, p. 109.17–19.

25 Ibid., Inquest. Doc. 0010117.

26 Ibid., 18.02.2008, p. 2.19–22.

27 Princess Diana/Martin Bashir, Panorama, 20 November 1995; transcript at: www.bbc.co.uk/politics97/diana/panorama.html.

28 www.scottbaker-inquests.gov.uk/hearing_transcripts/031007am.htm, 10.01.2008, p. 52.12–23.

29 Andrew Pierce, ‘Diana’s Letters to PMs will remain Secret’, Daily Telegraph, Thursday 19 February 2009, p. 2.

30 www.scottbaker-inquests.gov.uk/hearing_transcripts/031007am.htm, p.81: 17– 23 Inquest. Doc. 0058847, p. 2.

31 Ibid., 4.03.2008, p. 64.4–8.

32 Ibid., Inquest. Doc. 0060705, p. 6.

33 Ibid., Inquest. Doc. 0061066.

34 Ibid., 14.01.2008, p. 86.7–11.

35 The Regulation of Investigatory Powers Act 2000; see www.opsi.gov.uk/acts/acts2000/ukpga_20000023_en; Archbold, 2009, pp. 2476–92, paras 25–368 to 25–380.

Chapter 19: Milk, Muck and Methane

1 The Animals Film, directed by Miriam Aloux and Victor Schonfeld, Channel 4, 1981, released on DVD in September 2008.

2 Duncan Campbell, That Was Business, This Is Personal, Secker & Warburg, London, 1990.

3 ‘Over the past 15 years, McDonald’s has threatened legal action against more than 90 organisations in the UK, including the BBC, Channel 4, the Guardian, the Sun, the Scottish TUC, the New Leaf Shop, student newspapers and a children’s theatre group. Even Prince Philip received a stiff letter. All of them backed down and many formally apologised in court’; taken from Franny Armstrong, ‘Why won’t British TV show a film about McLibel?’, Guardian, 19 June 1998.

4 See: www.mcspotlight.org

5 Ibid.; see also link to Mr Justice Bell’s judgment on 19 June 1997.

6 Appeal judgment, Wednesday 31 March, Court 1, Royal Courts of Justice, pp. 247 and 264 – this publication can be found at www.mcspotlight.org

7 See: www.mcspotlight.org

8 Nick Mathaison, ‘Shell in Court over alleged role in Nigeria executions’, Observer, 5 April 2009; see also the Center for Constitutional Rights at www.ccrjustice.org; see also Wiwa v. Royal Dutch Petroleum and Earthrights International at www.earthrights.org/legal/shell

9 Viva! was founded in 1994 by Juliet Gellately, who is the organisation’s director; she also founded Viva!’s sister group, a registered charity called the Vegetarian & Vegan Foundation, in 2002; see: www.viva.org.uk

10 Tony Wardle, Diet of Disaster, Viva Campaigns, Bristol, 2007, p. 18. An area of land the size of five football pitches will grow enough meat to feed two people or enough soya to feed sixty-one.

11 Ibid, p. 23, taken from WorldWatch Institute, Washington.

12 Michael McCarthy, ‘Sea levels rising twice as fast as predicted’, The Independent, Wednesday 11 March 2009, p. 1.

13 David Adam, ‘Too late to save Amazon…’, Guardian, Thursday 12 March 2009, pp. 14–15.

14 Tony Wardle, Diet of Disaster, p. 37. Back in 2003 the International Council for the Exploration of the Seas warned that 82 per cent of all fish stocks were not within safe biological limits – that is, they were on the road to extinction.

Chapter 20: Juries in Jeopardy

1 Trevor Grove, The Juryman’s Tale, Bloomsbury, London, 1998. One of the rare but excellent overviews of the jury system, from someone who served on one.

2 After a long and tortuous process, the ‘spying’ charges against Berry were dropped, and the two journalists Albury and Campbell received conditional discharges for other minor offences.

3 Richard Harvey’s pamphlet Diplock and the Assault on Civil Liberties, published by the Haldane Society of Socialist Lawyers (London, 1980), is an invaluable analysis of the Diplock period.

4 Lord Denning, What’s Next in the Law, LexisNexis Butterworths, USA, 1982.

5 Richard Ford and David Sapsted, ‘Hailsham Backing for Jury Reforms’, The Times, Wednesday 2 November 1988.

6 Criminal Justice Act 2003, Section 43 in Archbold, 2009, pp. 493–4, paras 4-267a to 267c.

7 Research undertaken for the Royal Commission on Criminal Justice under Lord Runciman, CM2263 HMSO London, 1993.

8 ‘Seventh Man Arrested in London Ricin Case’ Associated Press, 8 January 2003; ‘More Plotters With Ricin May Be on the Loose, London Police Say’, Associated Press, 8 January 2003; ‘The sober truth about Ricin’, Argus, 9 January 2003.

9 Gordon Brown, ‘Full text of Gordon Brown’s speech to the Royal United Services Institute in London’, BBC, 13 February 2006; see: http://news.bbc.co.uk/1/hi/ uk_politics/4708816.stm.

10 The cross-examination is taken from a transcript in my possession. It took two to three hours and, were it to be printed in full, it would occupy sixty pages, so I have edited the material slightly – hopefully without distorting the meaning of the questions or the answers; [continues] denotes a break in continuity.

11 These were the dates when scientists were called in to examine whether in fact there was any ricin in the flat.

12 Jon Silverman, ‘Comment: Questions Unanswered’, BBC, 13 April 2005; see: http://news.bbc.co.uk/1/hi/uk/4442479.stm.

13 Martin Bright, Home Affairs Editor, ‘Ricin Jurors attack new terror laws’, Observer, 9 October 2005.

14 Panorama, Blair vs Blair, BBC, 9 October 2005.

15 Howell’s State Trials, vol. 6, p. 951 (6 How. 951); 230. ‘The Trial of William Penn and William Mead, at the Old Bailey, for a Tumultuous Assembly: 22 Charles

II. A.D. 1670. [Written by themselves.]’; see: www.constitution.org/trials/penn/penn-mead.htm.

16 Bushell’s appeal, 1670, Law Reports Vaughan, p. 135.

17 Michael Randle and Pat Pottle, The Blake Escape – How We Freed George Blake and Why, Harrap, London, 1989.

18 E. P. Thompson, ‘Sold Like A Sheep for a Pound’, Review of George Rudé, Protest and Punishment, New Society, 14 December 1978.

Chapter 21: Taking Stock

1 The transcripts for the Stockwell inquest are available online at: www.stockwellinquest.org.uk/hearing_transcripts; the list of witnesses for each date is listed in a main index; the indexes for the day’s proceedings come at the end of the day’s transcript. The Ralph Livock cross-examination was on 30 October 2008, pp. 14–15.

2 Ibid., 30 October 2008, p. 55.

3 Ibid., 3 November 2008, p. 13; [continues] denotes a break in continuity.

4 Ibid., 3 November 2008, p. 17, lines 16–25.

5 The Independent Police Complaints Commission (IPCC) is an organisation that has overall responsibility for the system for complaints against the police. See: www.ipcc.gov.uk. Statistics of fatal shootings are reported each year at www. ipcc.gov.uk/death_report

6 A practice now frowned upon by the Divisional Court. Mark Saunders was shot by police on 8 May 2008 and in September 2008 his sister, Charlotte Saunders, judicially reviewed the unfairness of police officers colluding over their notes and statements.

7 IP is a term specific to inquests; in other tribunals they are called ‘parties’.

8 Stockwell – Countdown to Killing, Panorama, BBC1, 8 March 2006.

9 Stockwell inquest, transcript of my cross-examination of Commander McDowell on 25 September 2008, pp. 35–142.

10 Ibid., transcript of my cross-examination of DSO Cressida Dick on 7 October 2008, pp. 9–200.

11 Ibid., transcript of my cross-examination of Trojan 84 on 16 October 2008, pp. 1–54.

12 Ibid., transcript of jury verdict on 12 December 2008, p. 10, line 5 to p. 13, line 8.

Chapter 22: Law, Not War

1 The first journalists allowed down to inspect the tunnels were Andy McSmith (see ‘A taste of how the other half lived in the blitz’, Independent, 18 October 2008) and Maev Kennedy (see ‘100 ft down, the capital’s cold war warren gives up its final secrets’, Guardian, 18 October 2008).

2 Thomas Paine, The Crisis, Penguin 60s, Pamphlet no. xiii (1783), London, 1995, p. 79.

3 John Keane, Tom Paine, A Political Life, Bloomsbury, London, 1995, pp. 303–4.

4 Archbold, 2007, paras. 19-367 to 19-369, p. 1913; see also Archbold International Criminal Courts, 3rd edition, Rodney Dixon and Karim A. A. Khan, Sweet & Maxwell, London 2009.

5 The first Treaty of Rome in 1957 led to the Common Market/European Union.

6 See the ICC website at: www.icc-cpi.int

7 See the ICTY website at: www.icty.org

8 Archbold, 2007, para. 19-351, p. 1906 to para. 19-366, p. 1913; see also Archbold International Criminal Courts, 3rd edition, Rodney Dixon and Karim A. A. Kham, Sweet of Maxwell, London 2009.

9 The World Court Project is part of Abolition 2000, a global network to eliminate nuclear weapons; see: www.abolition2000europe.org.

10 IALANA (International Association of Lawyers Against Nuclear Arms) in conjunction with the IPB (International Peace Bureau) and the IPPNW (International Physicians for the Prevention of Nuclear War) led World Court Project, a worldwide campaign that resulted in a historic opinion from the ICJ (International Court of Justice) in July 1966. For the opinion see: www.ialana.net/worldcourtproject

11 For Mordechai Vanunu, see: www.vanunu.org; for Amnesty International, see: www.amnesty.org.uk; for the Medical Foundation for the Care of Victims of Torture, see: www.torturecare.org.uk.

12 Mathew Taylor, ‘Britain plans to spend £3bn on new nuclear warheads’, Guardian, 25 July 2008.

13 For details, see: www.abolition2000europe.org.

14 Katherine Ling, ‘Obama’s Nuclear Non-proliferation Plan’, New York Times, 6 April 2009.

15 See the KHRP website at: www.khrp.org.

16 Information via the Latin America Bureau at: www.lab.org.uk.

17 Peace Brigades International (PBI) is a non-governmental organisation working to promote non-violence and to protect human rights. It currently has projects in Colombia, Mexico, Guatemala, Nepal and Indonesia. See: www.peacebrigades.org

18 Mark Townsend, ‘Police Probe 29 UK Torture Cases’, Observer, 5 April 2009.

19 Richard Norton-Taylor, ‘Top judge: US and UK acted as “vigilantes” in Iraq invasion’, Guardian, 18 November 2008. Edited from thousands of hours of testimony by Richard Norton-Taylor, Justifying War was one of Nicolas Kent’s exemplary series of tribunal plays (including the Stephen Lawrence inquiry) at the Tricycle Theatre, London. I was superbly played by Jeremy Clyde in both.

20 Noel Malcolm, Kosovo: A Short History, Pan Books, London, 2002, p. xliii. 21 Andy McSmith, ‘Keeping the peace?’, Independent, 20 February 2008, pp. 10–11. 22 See: www.un.org/aboutun/charter5.

Afterword

1 The Russell Tribunal on Palestine at www.russelltribunalonpalestine.com; co-ordinator of the London session in November 2010 is Frank Barat at russelltribunaluk@googlemail.com.

Further Reading

I have drawn on a wide range of sources in the writing of this book. Here is a select list, organised by chapter and broken down under the headings ‘General’, and the name and date of an individual case. Where a case appears as a subheading, in capitals, this denotes one in which I have appeared or played a part, and the stage (eg trial or appeal) at which this occurred. The list also contains film or television documentaries which I feel are relevant, most of which can be accessed online, via the relevant TV channel or the British Film Institute at www.bfi.org.uk. All Web links are live at the time of going to press.

Most laws and statutes can be found at the UK Statute Law Database, part of the Office of Public Sector Information, in the National Archive at: www.statutelaw.gov.uk or in law libraries, most of which are linked to universities.

There is also a practitioner’s reference book which is published every year and contains the principal statutes and case precedents. Known as Archbold, its full title is Criminal Pleading, Evidence and Practice, published by Thomson Sweet & Maxwell. Each source shows the page number (p.000) and the paragraph number is hyphenated (para 00-000).

Chapter 3: Drugs, Rock and Law

GENERAL

The Defenders, CBS, 1961–64.

Devlin, Lord Patrick, The Enforcement of Morals, Oxford University Press, Oxford, 1965.

Glatt, Pittman et al., The Drug Scene in Great Britain, Edward Arnold, London, 1967.

Hart, Professor H. L. A., Law, Liberty and Morality, Oxford University Press, Oxford, 1969.

Mansfield, Michael, ‘Private Drug Use – No Crime?’, Drugs & Society, Macmillan Journals, London, July 1973, vol. 2, no. 10, pp. 10–11.

Masters, Anthony, The Seahorse, Atheneum, New York, 1966.

Mill, John Stuart, On Liberty, Hackett, Indianapolis, 1978.

SEARLE & OTHERS APPEAL, 1971

R v. Searle, (1971) Crim. LR 592.CA; see also Archbold: Criminal Pleading, Evidence and Practice, Thomson Sweet & Maxwell, London, 2009, p. 2602, paras 26–69.

‘OPERATION JULIE’ TRIAL, 1978

Lee, Dick and Pratt, Colin, Operation Julie, W. H. Allen, London, 1978.

AMEER AND LUCAS TRIAL, 1977

Ameer & Lucas v. R., (1977) CLR 104, before H. H. J. Gillis.

THE CAMBRIDGE TWO (WYNER & BROCK) appeal, 2000

Masters, Alex, Stuart, A Life Backwards, Harper Perennial, London, 2006.

www.cambridgetwo.com/history/his.htm.

Appeal, December 2000, before Lord Justice Rose, Mr Justice Longmore and Mr

Justice Ouseley, judgment ref. (2001)1 WLR 1159; (2001) 2 CAR 3; (2001) 2 CAR 48; (2001) CLR 320. See also The Times, 28 December 2008.

Chapter 4: Prints and Impressions

GENERAL

Joad, Professor C. E. M. (contributor), The Brains Trust, BBC Radio and TV, 1941– 61.

Lindsay, A. D., The Modern Democratic State, Oxford University Press, Oxford, 1947. Kieckhoefer, Hartmut, Ingleby, Michael and Lucas, Gary, ‘Monitoring the physical formation of earprints: Optical and pressure mapping evidence’, as part of the FearID research consortium, School of Computing and Engineering, University of Huddersfield, 30 May 2006; see: linkinghub.elsevier.com/retrieve/pii/ S0263224106000662.

Wallander, BBC1, 7 December 2008.

THE ANGRY BRIGADE TRIAL, 1972

Burns, Alan, The Angry Brigade: A Documentary Novel, Quartet Books, London, 1973.

Carr, Gordon, The Angry Brigade, the Cause and the Case, Victor Gollancz,

London, 1975.

Christie, Stuart, My Granny Made Me an Anarchist, Christie File, Part I 1946–64, ChristieBooks, Hastings, 2002; see: ChristieBooks.com.

McLuhan, Marshall, The Gutenberg Galaxy: The Making of Typographic Man, University of Toronto Press, Canada, 1962.

GILBERT ‘DANNY’ McNAMEE APPEAL, 1998

Randerson, James, (re Dr Itiel Dror) ‘Study questions reliability of fingerprint evidence’, Guardian, Friday 23 March 2007.

Woffinden, Bob, ‘The “Hyde Park bomber” has become a landmark for British justice’, Guardian, 17 December 1998; see: www.innocent.org.uk/cases/dannymcnamee/index.html.

Court of Appeal, 17 December 1998, before Lord Justices Swinton Thomas, Garland and Longmore, transcript of judgment no. 9704481S2.

MARK KEMPSTER APPEAL, 2001

Kieckhoefer, Hartmut, Ingleby, Michael and Lucas, Gary, ‘Monitoring the physical formation of earprints: Optical and pressure mapping evidence’, as part of the FearID research consortium, School of Computing and Engineering,

University of Huddersfield, 30 May 2006; see: linkinghub.elsevier.com/retrieve/pii/ S0263224106000662.

Trial in March 2001, Southampton Crown Court; see: www.ccrc.gov.uk/

NewsArchive/news_461.htm - 17k - 29 October 2007

First appeal (2003) EWCA 3555; second appeal (2008) [2008] EWCA Crim. 975; 2 CAR 19.

Chapter 5: Parents at Risk

GENERAL Daubert v. Merrell Dow Pharmaceuticals, 509 US 579 (1993).

Frye v. United States, 293 F. 1013 (DC Cir. 1923).

ANGELA CANNINGS TRIAL, 2002; APPEAL, 2003

Cannings, Angela, with Lloyd Davies, Megan, Against the Odds, A Mother’s Fight to Prove Her Innocence, Time Warner Books, London, 2006.

Confidential Enquiry into Stillbirths and Deaths in Infancy (CESDI), 7th Annual Report 2000; see also those for the following years at www.cemach.org.uk.

Sweeney, John, Angela’s Hope, BBC TV, December 2003.

Taylor, Matthew, ‘Cot death expert to face investigation’, Guardian, 11 December 2003. Appeal judgment, 19 January 2004, before Lord Justice Judge; conviction quashed on 10 December 2003[2004] EWCA Crim1; 2 CAR 7; 1 WLR 2607; 1 AER 725.

SHAKEN BABY APPEALS, 2005

Lorraine Harris and others

Court of Appeal hearing 21 July 2005 before Lord Justices Gage, Gross and McFarlane, case number 200403277, (2006) 1 CAR 55.

See: http://news.bbc.co.uk for 21 July 2005.

See Crown Prosecution Service website, at www.cps.gov.uk/newes/pressreleases/ archive/2005.

ANGELA AND IAN GAY APPEAL, 2006

Sweeney, John, ‘Child killers and legal lunacy’, Sunday Times, 4 March 2007.

www.telegraph.co.uk/news/uknews/1513666/Did-boy’s-body-produce-salt-that­ killed-him.htm.

KEVIN CALLAN APPEAL, 1994–5

Callan, Kevin, Kevin Callan’s Story, Little, Brown, London, 1997.

Wrightson, Philip, Gronwall, Dorothy and Waddell, Peter, Head Injury: The Facts, Oxford University Press, New York, 1998.

CHILDREN AT RISK

Rantzen, Esther, Esther: The Autobiography, BBC Books, London 2001.

The Victoria Climbie report was published on 28 January 2003, see; www.victoria­-climbie-inquiry.org.uk.

Lord Laming’s report on the ‘Baby P’ case is available via http://news.bbc.co.uk/1/ hi/england/7938826.stm.

Chapter 6: 1984

ESTABLISHING TOOKS CHAMBERS

Williams, Kyffin, Across the Straits, Duckworth, London, 1973.

www.tooks.co.uk.

MINERS’ STRIKE, ORGREAVE TRIAL, 1984

Atkins, Chris (Director), Taking Liberties, Revolver, May 2007, available at www. revolvergroup.com.

Benn, Tony, MP, Question in the House re compensation for miners and the BBC media coverage, Hansard HC Deb 20 June 1991 vol. 193 cc463–81; see also: http://hansard.millbanksystems.com/commons/1991/jun/20/business-of­the-house.

Challinor, Raymond, A Radical Lawyer in Victorian England, W. P. Roberts, I. B. Tauris, London, 1990. Roberts courageously represented the mining communities in their struggle for trade union rights.

Connelly, Steve (Director) and Vanson, Yvette (Producer), Taking Liberties, BBC Community Programme Unit, 1984.

Jackson, Bernard and Wardle, Tony, The Battle for Orgreave, Vanson Wardle Productions, Brighton, 1986.

Jones, Mark, Killed on the Picket Line: The Story of David Gareth Jones by his Father, New Park Publications, London, 1985.

Macgregor, Ian, The Enemies Within, William Collins, London, 1986.

Milne, Seumas, The Enemy Within, Verso, London, 1994.

Thatcher, Margaret, The Downing Street Years, HarperCollins, London, 1993. ‘Statistics on Police Operations’, Financial Times, 4 March 1985.

Vanson, Yvette (Director/Producer), The Battle for Orgreave, Vanson Wardle Productions, Channel 4, 1986. View at www.yvettevanson.com. Available at www. journeyman.tv or www.bfi.org.uk

www.h2g2.com is contributed to by people from all over the world. Launched in April 1999, the BBC took over the running of the site in February 2001 as part of a drive to develop innovative online services. www.bbc.co.uk/dna/h2g2/brunel/ A9361334 at 12 February 2006 is a personal description of events at Orgreave.

WAPPING DISPUTE, 1986. http://news.bbc.co.uk/onthisday/hi/dates/stories/february/15/newsid_3455000/ 3455083.stm.

www.uhc-collective.org.uk/webpages/toolbox/legal/advice_4_legal_observers2.htm.

Legal observers information, see: www.activistslegalproject.org.uk. www.thepeoplescharter.com.

Chapter 7: The Slenderest Thread

GENERAL Legal Action Group, see: www.lag.org.uk.

BARRY GEORGE TRIAL 2001, FIRST APPEAL, 2002

Court of Appeal Law Reports (2002) EWCA Crim. 1923; (2003) CLR 282; The Times, 30 August 2002.

Cathcart, Brian, Jill Dando, Her Life and Death, Penguin, London, 2001.

Davenport, Justin, ‘Yard to investigate Serbian’s bar boast that he killed Dando’,

Evening Standard, Monday 23 February 2009.

Lomax, S.C., The Case of Barry George, Kempton Marks, Hertford, 2004.

Chapter 8: The Need to Know

GENERAL

Matthews, Paul (ed.), Jervis on Coroners, Sweet & Maxwell, London, 12th edition, 2006. See sections 8(i) and 8(iii) of the Coroner’s Act 1988.

INQUEST is a charity that provides a free advice service to bereaved people on contentious deaths and their investigation, with a particular focus on deaths in custody. See: www.inquest.org.uk.

Thomas, Leslie, Straw, Adam and Friedmann, Danny, Inquests: A Practitioner’s Guide, Legal Action Group, London, 2008.

THE MARCHIONESS PRIVATE PROSECUTION, 1992; INQUEST, 1994; PUBLIC INQUIRY, 2000–1

Clarke, Lord Justice, Marchioness Inquiry Report, vols 1 & 2, The Stationery Office, February 2001; for some of the findings of the inquiry, see vol. 1, pp. 153, 174, 251.

Corporate Manslaughter and Homicide Act 2007, Archbold, 2009, p. 1933, para 19-117.

For chronology of events, see: www.geocities.com/jndenio/ChronTable.htm www.methodist-central-hall.org.uk/history.

STEPHEN LAWRENCE INQUEST, 1993; RESUMED, 1997; PRIVATE PROSECUTION, 1995; PUBLIC iNQUIRY, 1998–9

The Stephen Lawrence Inquiry/Macpherson Report, The Stationery Office, 1999; see appendices and at 7.31 in the transcript of the hearings for a version of part of the protracted surveillance of the suspects; ch. 8, p. 43, para. 8.2 for Neville Lawrence; para. 8.3 for Michael Mansfield’s closing remarks and conclusions. For Michael Mansfield’s verbatim opening remarks on Day 2, 24 March 1998, see also Doreen Lawrence, And Still I Rise, pp. 185–6.

Front-page article, ‘MURDERERS’, Daily Mail, 14 February 1997. Greengrass, Paul (Director), The Murder of Stephen Lawrence, Vanson Productions co-production with Granada, 2000. Available at granadamedia.com.

Lawrence, Doreen, And Still I Rise: Seeking Justice for Stephen, Faber & Faber, London, 2006.

Lee Wright, Peter (Producer), and Vanson, Yvette (Executive Producer), The Stephen Lawrence Story, Vanson Productions, Channel 4 TV, 1996; Hoping for a Miracle, Channel 4, Vanson Productions, 1999. View at www.yvettevanson.com. Available at www.channel4.com or www.bfi.org.uk.

Mayberry, David, Black Deaths in Police Custody, Hansib Publications, London, 2008.

RICKY REEL INQUEST, 1999

Judd, Terri, ‘Family claim “victory” after inquest returns open verdict on Reel death’, Independent, 9 November 1999.

For the National Civil Rights Movement, see: www.ncrm.org.uk.

JAMES MILLER INQUEST, 2006

Dowell, Ben, ‘“Breakthrough” in Gaza death case’, Guardian, 7 August 2007.

Times Online and Agencies, ‘Film-maker murdered by Israeli soldier, inquest finds’,

Times Online, 6 April 2006; see: www.timesonline.co.uk/tol/news/world/middle_ east/article702674.ece.

TOM HURNDALL INQUEST, 2006

Hurndall, Jocelyn, Defy the Stars: The Life and Tragic Death of Tom Hurndall, Bloomsbury, London, 2007.

Joffe, Rowan (Director) and Block, Simon (Writer), The Shooting of Tom Hurndall, Channel 4, 2008.

DUBLIN/MONAGHAN BOMBINGS, 1974; INQUEST, 2004

Mullan, Don, The Dublin & Monaghan Bombings, Wolfhound Press, Dublin, 2000.

O’Neill, Edward with Whyte, Barry J., Two Little Boys, Currach Press, Blackrock, 2004. www.dublinmonaghanbombings.org.

OMAGH INQUEST, 2000

http://news.bbc.co.uk/onthisday/hi/dates/stories/august/15/newsid_2496000/2496009.stm.

www.guardian.co.uk/uk/2002/jul/26/northernireland.

Mansfield, Michael, ‘Truth Must Not be the Final Victim’, Guardian, 14 December 2001.

Chapter 9: The Trouble with Ireland

GENERAL

Adams, Gerry, Hope and History: Making Peace in Ireland, Brandon, London, 2003.

Bishop, Patrick and Mallie, Eamonn, The Provisional IRA, Heinemann, London, 1987.

Bowyer Bell, J., The Secret Army, The IRA, 1916–1979, Academy Press, Dublin, 1979.

Campbell, Beatrix, Agreement! The State Conflict and Change in Northern Ireland, Lawrence and Wishart, London, 2008.

Elliott, Marianne, Wolfe Tone: Prophet of Irish Independence, Yale University Press, London, 1989.

Geraghty, Tony, The Irish War: The Military History of a Domestic Conflict, HarperCollins, London, 2000.

Lapsey, Sarah (ed.), Children in Crossfire, I Have a Dream, YES! Publications, Derry, 2005.

O’Mahony, Sean, Frongoch, University of Revolution, FDR Teoranta, Killiney, 1987.

Reed, David, Ireland: The Key to the British Revolution, Larkin Publications, London, 1984.

Taylor, Peter, Brits: The War Against the IRA, Bloomsbury, London, 2001.

THE PRICE SISTERS’ TRIAL, 1973

Breen, Suzanne, ‘Old Bailey bomber ashamed of Sinn Fein’, The Village, 7 December 2004.

For information on the Trial of 14 November 1973, see: http://news. bbc.co.uk/onthisday/hi/dates/stories/november/14/newsid_4724000/4724181.stm.

For a description of force-feeding, see: www.irishfreedomcommittee.net/news/ december2004.

‘Ulster’s Price Sisters: Breaking the Long Fast’, Time, 17 June 1974. www.time.com/time/magazine/article/0,9171,879325,00.html.

THE BRIGHTON BOMBERS/THE SEASIDE CONSPIRACIES TRIAL, 1984

For Martina Anderson interview, see: www.tallgirlshorts.net/marymary/martina. html.

http://news.bbc.co.uk/onthisday/hi/dates/stories/june/25/newsid_2519000/2519673. stm.

Parry, Gareth, ‘Patrick Magee convicted of IRA terrorist attack’, Guardian, 10 June 1986.

Roisín de Rossa interviews Ella O’Dwyer, see: http://republican-news.org/archive/1998/December17/17ella.html.

BLOODY SUNDAY SECOND PUBLIC INQUIRY, 1999–2004

Bloody Sunday and the Report of the Widgery Tribunal, The Irish Government’s Assessment of the New Material, June 1997.

Daly, Edward, Mister, Are You a Priest?, Four Courts Press, Dublin, 2000.

Kent, Nicolas (Director), Bloody Sunday – Scenes From the Saville Inquiry, Tricycle Theatre, London, 2005; edited from thousands of hours of testimony by Richard Norton-Taylor, this was one of an exemplary series of tribunal plays in which I was superbly played by Jeremy Clyde.

McCann, Eamonn (with Maureen Shiels, Bridie Hannigan), Bloody Sunday in Derry, What Really Happened?, Brandon, Derry, 2000.

McCann, Eamonn (ed.), The Bloody Sunday Inquiry: The Families Speak Out, Pluto Press, London, 2006.

Mullan, Don (and Scally, John), Eyewitness Bloody Sunday, the Truth, Merlin, Dublin, 2002. O’Dochartaigh, Niall, From Civil Rights to Armalites: Derry and the Birth of the Irish Troubles, Cork University Press, Cork, 1997.

Pringle, Peter and Jacobson, Philip, Those Are Real Bullets, Aren’t They?, Fourth Estate, London, 2000.

Sierz, Aleks, ‘Bloody Sunday – Scenes from the Saville Inquiry’, The Stage, Wednesday 20 April 2005.

The Widgery Tribunal Report at: Hansard HC Deb 19 April 1972 vol. 835 cc519­28; see also: http://hansard.millbanksystems.com/commons/1972/apr/19/northern­ireland-widgery-tribunal-report.

www.bloody-sunday-inquiry.org/transcripts/Archive.

Chapter 10: That Little Tent of Blue

GENERAL

Owers, Anne, Chief Inspector of Prisons, ‘Prison System at a Crossroads, Warns RNS Chief Inspector’, press release of 30 January 2008 re Annual Report 2006–7; see: www.inspectorates.homeoffice.gov.uk/hmiprisons.

Stern, Vivien, Bricks of Shame, Penguin, London, 1987.

PARKHURST SIEGE, 1983

Beam, Roger, ‘Mirror man helps to end jail siege’, Daily Mirror, 6 January 1983.

RISLEY RIOTS/WADI WILLIAMS TRIAL, 1990

Mansfield, Michael and Raynor, Maggie, Whale Boy, Mantra, London, 1991.

Tumim, Stephen, Chief Inspector of Prisons, Annual Report, 1988.

Williams, Wadi, article written while an inmate at Hull prison; see: http://libcom.org/history/1989-the-risley-prisoners-uprising.

STRANGEWAYS/PAUL TAYLOR TRIAL, 1992

Allison, Eric, ‘Breaking Point’, Guardian, 20 February 2006.

Jameson, Nicki and Allison, Eric, Strangeways 1990: A Serious Disturbance, Larkin Publications, London, 1995.

‘Rioting Inmates Take over Strangeways’, see: http://news.bbc.co.uk/onthisday/hi/ dates/stories/april/1/newsid_4215000/4215173.stm; for Prisons Security Act, 1992, in Archbold, 2009, S1, p. 2689, para. 28-217.

Chapter 11: The Magic Bullet?

GENERAL

An Audience With ... Michael Mansfield, QC. Recordings and transcripts are available at www.celebrityproductions.info/displayer_list_productions.php.

Laville, Sandra, ‘Twenty-seven years on’, Guardian, 12 March 2009.

O’Neill, Sean, ‘Defence lawyers ready to seize on DNA doubts’, The Times, Thursday 24 January 2008.

Trial of Sean Hoey before Mr Justice Weir, 20 December 2007; transcript judgment at Neutral Citation No. (2007) NICC 49 Ref: WEI 7021.

DNA

Caddy, Prof. Brian (Strathclyde University), Review commissioned by the Forensic Science Regulator, November 2007; Report: A Review of the Science of Low Template DNA Analysis, April 2008; see: police.homeoffice.gov.uk/publications/ operational-policing.

Levy, Harlan, And the Blood Cried Out, HarperCollins, London, 1996.

JAMES HANRATTY APPEAL, 2002

Court of Appeal Law Reports (2002) EWCA Crim. 1141; (2002) 2 C.A.R. 30; (2002) CLR 350; (2003) 3 AER 534; The Times, 16 May 2002.

Foot, Paul, Who Killed Hanratty?, Jonathan Cape, London, 1971.

Woffinden, Bob, Hanratty, The Final Verdict, Macmillan, London, 1997.

MICHAEL SHIRLEY APPEAL, 2003

Court of Appeal transcript of judgment before Lord Justice Laws, Mr Justice Gage and Mr Justice Mitting, No. 2001/02302/X1; (2003) EWCA Crim. 1976.

Chaytor, Rod, ‘I’d Rather Have Died in Jail than Admit a Murder I Didn’t Do’, Daily Mirror, 5 July 2003.

DEEN APPEAL, 1994

Court of Appeal judgment before Lord Chief Justice Taylor, R v. Deen, The Times, 10 January 1994; see also Archbold, 2009, p. 1585, para. 14-58.

DNA DATABANK

For ruling on databanks, see: www.echr.coe.int for European Court of Human Rights case reports.

Haddow, Iain, ‘Debating ethics of DNA database’, BBC News Online, 9 January 2008; see: http://news.bbc.co.uk/1/hi/uk/7177152.stm.

Travis, Alan, ‘17 Judges, One Ruling’, Guardian, 5 December 2008.

Walker, Peter, ‘European Court Rules CAN Database Breaches Human Rights’, Guardian, 4 December 2008.

Chapter 12: Cops and Robbers

GENERAL Gillard, Michael and Flynn, Laurie, Untouchables: Dirty Cops, Bent Justice and Racism in Scotland Yard, Cutting Edge Press, Edinburgh, 2004.

McLagan, Graeme, Bent Coppers, Orion, London, 2003.

Paddick, Brian, Line of Fire, Simon & Schuster, London, 2008.

Walker, Clive and Starmer, Keir, Miscarriages of Justice: A Review of Justice in Error, Blackstone Press, London, 1999.

BRIDGEWATER FOUR (PAT MOLLOY) APPEAL, 1997

Foot, Paul, Murder at the Farm: Who Killed Carl Bridgewater?, Review, London, 1997.

Graves, David, ‘Bridgewater Four Convictions Quashed’, Daily Telegraph, 31 July 1997.

Shaw, Don (Writer) and Drury, David (Director), Bad Company, BBC2, 1993. For the Criminal Justice and Public Order Act 1994 (Sections 34 to 39), see Archbold, 2009, main section 34, p. 1743, para 15-414, and section 35, p. 508, para 4-305; see also: http://www.legislation.hmso.gov.uk/acts/acts1994/Ukpga_19940033_en_4. htm#mdiv34.

Transcript of Court of Appeal judgment before Lord Justice Roch, Mr Justice Hidden and Mr Justice Mitchell, sub. nom. Michael Hickey, 30 July 1997, no. 1996/5131/S1; Law Report (legal professional privilege) Molloy, (1997) 2 C.A.R. 283.

BROADWATER FARM RIOTS (MARK LAMBIE) TRIAL, 1987; ENGIN RAGHIP APPEALS, 1988, 1991

Gudjonsson, Gisli, The Psychology of Interrogations, Confessions and Testimony, John Wiley and Sons Ltd, Chichester, West Sussex, 1992.

Kennedy, Ludovic, Ten Rillington Place, Pan Books, London, 1963.

Rose, David, ‘They created Winston Silcott, the beast of Broadwater Farm. And they won’t let this creation lie down and die’, Observer, 18 January 2004.

Summers, Chris, ‘Malign and corrosive gangsters’, BBC News Online, 17 May 2002.

Court of Appeal transcript of judgment in Engin Raghip and others, 5 December 1991 1990/5920/S1 pp. 4–6, 18–19, 34–36; sub. nom. Silcott (1992) 1 WLR 291; The Times, 9 December 1991.

CARDIFF THREE (STEPHEN MILLER) APPEAL, 1992

Bennetto, Jason, ‘Police officers among 22 held over quashed murder convictions’, Independent, 25 April 2005.

Mansfield, Michael and Wardle, Tony, Presumed Guilty, Heinemann, London, 1993. Sekar, Satish, Fitted In, The Fitted In Project, Notting Hill, London, 1997.

Vanson, Yvette (Producer/Director), Presumed Guilty, presented by Michael

Mansfield, Vanson Wardle Productions for Inside Story, BBC2, 1991.

Appeal report, sub.nom. Paris (1993) 97 CAR 99; (1994) CLR 361; The Times, 24 December 1992; Independent, 17 December 1992.

For prostitute trial perjury charges, see: http://innocent.org.uk/cases/cardiff3_1/index.html.

CARDIFF NEWSAGENT (MICHAEL O’BRIEN) APPEAL, 1999

O’Brien, Michael with Lewis, Greg, The Death of Justice, Y Lolfa Cyf, Talybont, Wales, 2008.

Sub. nom. Darren Hall, (2000) CLR 676; The Times, 16 February 2000; Independent, 27 March 2000.

Chapter 13: The Switch

GENERAL Deery, Phillip, Malaya, 1948: Britain’s ‘Asian Cold War’?, International Center

for Advanced Studies, New York University; ‘The Cold War as Global Conflict’, Working Paper 3, April 2002.

IRAQI HIJACK TRIAL, 1997; APPEAL, 1998

‘Iraqi Hijackers Jailed “to deter others”’, BBC News Online, 5 November 1997; ‘Iraqis Found Guilty of Hijack’, BBC News Online, 1 November 1997.

Terrorism Act 2000, Section 1, and Terrorism Act 2006, Section 34 in Archbold, 2009, pp. 2322–23, para 25-56.

Trial of alleged Iraqi hijackers, Old Bailey, 1997 before Mr Justice Wright, Court of Appeal transcript of judgment before the Vice President, Lord Justice Rose, Mr Justice Rougier and Mr Justice Johnson, sub. nom. Mustafa Shakir Abdul-Hussain, 17 December 1998, no. 1997/07785/S1; Law report (1999) CLR 570.

BOTMEH AND ALAMI TRIAL, 1996; APPEAL, 1998

Appeal report (2001) EWCA Crim. 2226; (2002) 1 WLR 531; (2002) 1 CAR 28; (2002) CLR 209; The Times, 8 November 2001.

Brittain, Victoria, ‘A vision from Rugby Prison’, New Statesman, 1 December 2003. ‘Embassy Bomb Appeal Rejected’, BBC News Online, 1 November 2001.

Foot, Paul, ‘MI5 & human error’, Guardian, 31 October 2000.

Gandhi, Mahatma, The Story of My Experiments with Truth, Navajivan Trust, India, 1927.

Machon, Annie, Spies, Lies and Whistleblowers – M15, M16 & The Shayler Affair, The Book Guild, Lewes, Sussex, 2005.

Shayler, David, ‘MI5 bugged Mandelson’, Mail on Sunday, 24 August 1997.

TAHIRA TABASSUM TRIAL, 2004

Clough, Sue and Boffey, Chris, ‘Bomber’s widow cleared of failing to inform police’, Daily Telegraph, 9 July 2004.

Dodd, Vikram, ‘It’s not about the truth. Someone had to pay’, Guardian, 9 July 2004.

SAAJID BADAT TRIAL, 2007

Dodd, Vikram, ‘Former grammar school boy gets 13 years for shoe bomb plot’, Guardian, 23 April 2005.

Honigsbaum, Mark and Dodd, Vikram, ‘From Gloucester to Afghanistan: the making of a shoe bomber’, Guardian, 5 March 2005.

Chapter 14: Lifting the Lid

GENERAL/NON-DISCLOSURE

Bennathan, Joel, ‘Defendants are severely disadvantaged by current legislation on evidence’, The Times, 25 July 2000.

Dyer, Clare, ‘Legal “safeguard” risks injustice’, Guardian, 3 March 2000.

Emmerson, Ben, ‘Prosecution in the dock’, Observer, 14 November 1999.

Langdon-Down, Grania, ‘The whole truth and nothing but? Non-disclosure of evidence has led to some 200 wrongful convictions’, Independent, 7 December 1999. Mansfield, Michael and Wardle, Tony, Presumed Guilty, Heinemann, London, 1993. Woffinden, Bob, ‘No, you can’t see. It might help your client’, Guardian, 4 May 1999.

www.innocent.org.uk/misc/disclosure.html.

JUDITH WARD APPEAL, 1992

Ward, Judith, Ambushed, Vermilion, London, 1993.

Court of Appeal Law Reports before Lord Justice Glidewell, (1993) 96 CAR 1; (1993) CLR 312; (1993) 1 WLR. 619; (1993) 2 AER. 577.

European Convention on Human Rights, Article 6 (fair trial) as incorporated in the Human Rights Act (HRA) 1998 S6, Archbold, 2009, p. 1802, para 16-57.

Judith Ward v. The Queen UK (1992) (the M62 Bombings); appeal judgment prepared by Dr Robert N. Moles; see: netk.net.au/UK/Ward.asp.

M25 (MICHAEL DAVIS) TRIAL, 1990; DAVIS & ROWE APPEAL, 1993

Court of Appeal Law Reports (1992 & 1993) 97 CAR 110; The Times, 24 April 2000.

www.guardian.co.uk/uk/2000/jul/22/race.world.

www.homepage-link.to/JUSTICE/Rowe/index.htm.

EDDIE GILFOYLE APPEALS 1995, 2000

Kennedy, Dominic, ‘Uncovered: Police notes cast doubt on Gilfoyle Murder’, The Times, 20 February 2009; ‘New evidence prompts police review of murder case’, The Times, 21 February 2009.

Court of Appeal Law Reports (1996) 1 CAR 302.

Chapter 15: Shared Experience

DEPTFORD FIRE INQUEST, 1981

Howe, Darcus, From Bobby to Babylon, Race Today Publications, London, 1988. Le Rose, John, ‘The New Cross Massacre Story’, Black Parents Movement & Race Today, London, 1984.

Scarman, Lord, The Scarman Report, The Stationery Office, 25 November 1981.

For the first inquest, see: www.guardian.co.uk/uk/1981/may/14/race.world.

For the second inquest, see: www.guardian.co.uk/uk/2004/feb/02/race.ukcrime.

THE BRADFORD TWELVE AND NEWHAM SEVEN TRIALS, 1981

Malik, Kenan, ‘Born in Bradford’, Prospect magazine, October 2005.

Powell, Enoch, MP, ‘Rivers of Blood’ speech, 20 April 1968; see: http://news.bbc.co.uk/onthisday/hi/dates/stories/april/20/newsid_2489000/2489357.stm.

Tandana, the Glow-worm website (archiving the Bradford Twelve case), see: www. tandana.org.

FRANK CRITCHLOW (MANGROVE) TRIAL, 1993

Howe, Darcus, ‘If I pleaded guilty, said the lawyer, I’d get five years’, New Statesman, 4 December 1998.

Mills, Heather, ‘Restaurant that became a Symbol for Radicalism’, Independent, 13 October 1992.

For transcript of Colville, all the sinners saints, see: www.rbkc.gov.uk/events/ intransit/podcast_tran_colville.asp.

Chapter 16: The Execution

GENERAL

Arriens, Jan (ed.), Welcome to Hell, Ian Faulkner Publishing, Cambridge, 1991; see also: www.lifelines-uk.org/LLnews.asp.

Death Sentences and Executions in 2007, issued in April 2008, and Death Sentences and Executions in 2008, issued in April 2009, both Amnesty International, see www.amnesty.org.uk.

Levine, Stephen (ed.), Death Row: An Affirmation of Life, Glide Publications, San Francisco, 1972.

Officer, Jane (ed.), If I Should Die, New Clarendon Press, Oxford, 1999.

Robbins, Tim (Director), Dead Man Walking, Working Title, 1995; see www. workingtitlefilms.com.

Sakharov, Andre, cited in Mulvey Roberts, Mary with Zephaniah, Benjamin, Out of the Night, New Clarendon Press, Cheltenham, 1994.

Stafford-Smith, Clive, Bad Men, Weidenfeld & Nicolson, London, 2007.

Thomas, Merrilyn, Life on Death Row, Piatkus, London, 1989.

For African Prisons Project, see: www.africanprisons.com.

For Amicus (President, Michael Mansfield, QC) and the assisting of prisoners on death row, see: www.amicus-alj.org.

The Murder (Abolition of Death Penalty) Act 1965, Section 1 Archbold, 2009, p. 707, para. 5-236.

MAHMOuD MATTAN APPEAL, 1998

Court of Appeal transcript of judgment before Lord Justice Rose, case no. 1997/06415/S2, 10.

RUTH ELLIS APPEAL, 2003

Jakubait, Muriel and Weller, Monica, Ruth Ellis, My Sister’s Secret Life, Constable & Robinson, London, 2005.

Court of Appeal judgment before Lord Justice Kay, (2003) EWCA Crim. 3556, para. 90.

The Homicide Act 1957, Sections 1, 2 & 3 in Archbold, 2009, p. 1916 paras 19-20, 19-66 and p.1912, para. 19-52.

SARAH THORNTON APPEAL, 1995

Ministry of Justice, Murder, Manslaughter and Infanticide: Proposals for Reform of the Law, Consultation Paper, July 2008, see: www.justice.gsi.gov.uk/publications/ cp1908.

Nadel, Jennifer, Sara Thornton, Victor Gollancz, London, 1993

Court of Appeal Law Reports (1966) 2 CAR 108; (1996) 1 WLR 1174; (1996) 2 AER 1023; (1996) CLR 597; The Times, 14 December 1995 and 6 June 1996; Independent, 19 December 1995.

For Southall Black Sisters, see: www.southallblacksisters.org.uk

PETER ADAMS

Adams, Peter and Shirley, Knockback, Duckworth, London, 1982.

Chapter 17: No ExSkuse

GENERAL

Bennett, Ronan, Double Jeopardy: The Retrial of the Guildford Four, Penguin, London, 1993.

Conlon, Gerry, Proved Innocent, Hamish Hamilton, London, 1990.

Hill, Paul with Bennett, Ronan, Stolen Years, Transworld, London, 1990.

Kennedy, Ludovic, Ten Rillington Place, Victor Gollancz, London, 1961.

Kennedy, Ludovic, Truth to Tell (Collected Writings), Bantam Press, London, 1991.

Kennedy, Ludovic, Thirty-Six Murders, Profile Books, London, 2002.

Koestler, Arthur, The Roots of Coincidence, Vintage, London, 1973.

Sheridan, Jim (Director), In the Name of the Father, Hell’s Kitchen Films, 1993.

Walker, Clive and Starmer, Keir (eds), Miscarriages of Justice, Blackstone Press, London, 1999.

Woffinden, Bob, Miscarriages of Justice, Coronet, London, 1986.

BIRMINGHAM SIX SECOND APPEAL, 1987; THIRD APPEAL, 1991

Callaghan, Hugh and Mulready, Sally, Cruel Fate, Poolbeg Press, Co. Dublin, 1993 Faul, Fr Denis and Murray, Fr Raymond, The Birmingham Framework, Pamphlet published in Armagh, no date.

Gilligan, Oscar (ed.), The Birmingham Six: An Appalling Vista, Litereire Publishers, Dublin, 1990.

Hill, Paddy Joe and Hunt, Gerald, Forever Lost, Forever Gone, Bloomsbury, London, 1996.

Jessel, David, Rough Justice, BBC, exposed miscarriages of justice between 1980 and 2007.

Jessel, David, Trial and Error, Channel 4, featured 15 cases between 1993 and 1999; see also Jane Robins, ‘Channel 4 to axe “outdated” criminal justice show’, Independent, Friday 16 July 1999.

McKee, Grant and Franey, Ros, Time Bomb, Bloomsbury, London, 1988.

Mullin, Chris, Error of Judgement, Poolbeg, Dublin, 1987.

Mullin, Chris and Tremayne, Charles, a series of documentaries, including ‘The Birmingham Six: Their Own Story’ and ‘Who Bombed Birmingham’, for World in Action, Granada Television, 1985.

Vanson, Yvette (Director), Bennison, Ishia (Producer), The Birmingham Wives, for Everyman, BBC 2, Vanson Wardle Productions, 1989, available at the British Film Institute archive at: www.bfi.org.uk. Also see www.yvettevanson.com.

For the application for a civil action against the police and Home Office for injuries in custody, 17 January 1980, before Lord Denning, Master of the Rolls, see judgment cited in Chris Mullin, Error of Judgement, Poolbeg, Dublin, 1987, p. 243.

For the second appeal on 2 November 1987 before Lord Lane, Lord Chief Justice in Court Number 12, Old Bailey, denied 28 January 1988, see Court of Appeal Law Reports sub. Nom. Callaghan, (1988) 86 CAR 181; (1988) 1 WLR 1; (1988) 1 AER 287; (1988) CLR 107.

For the third appeal before Lord Justice Lloyd, 4 March 1991, see Court of Appeal Law Reports sub. nom. McIlkenny, (1992) 93 CAR 287; (1992) 2 AER 417.

Chapter 18: Big Brother

GENERAL Ezard, John, ‘Did love turn Orwell into a government stooge?’, Guardian, 21 June 2003.

Foot, Paul, Who Framed Colin Wallace?, Macmillan, London, 1989.

Garton Ash, Timothy, ‘Under the blanket: Orwell sends us a posthumous warning about trying to manipulate the BBC in a time of war’, Guardian, 10 July 2003.

Hain, Peter, Political Trials in Britain, Allen Lane, London, 1984.

Hollingsworth, Mark and Fielding, Nick, Defending the Realm: MI5 and the Shayler Affair, André Deutsch, London, 2000.

Kennedy, Helena, Just Law: The Changing Face of Justice, Chatto & Windus, London, 2004.

Leigh, David, The Frontiers of Secrecy, Junction Books, London, 1980.

Leigh, David and Lashmar, Paul, ‘Revealed: how MI5 vets BBC staff’, Observer, 18 August 1985.

Machon, Annie, Spies, Lies and Whistleblowers, The Book Guild, Lewes, Sussex, 2005.

Orwell, George, Nineteen eighty-four, Harcourt Brace, London, 1949.

Wright, Peter with Paul Greengrass, Spycatcher, William Heinemann, London, 1987.

Young, Hugo and Massiter, Cathy, MI5’s Official Secrets, 20/20 Vision for C4, 1985. For Republic, the Campaign for an Elected Head of State and a British Republic, see: www.republic.org.uk.

For RIPA, the Regulation of Investigatory Powers Act, see: www.opsi.gov.uk/acts/ acts2000/ukpga_20000023_em or Archbold, 2009, p. 2416–92, paras 25-368 to 25­-380. This statute permits the government interception of specified communications.

For the official website of the Public Inquiry by Lord Hutton, see: www.the­hutton-inquiry.org.uk. For The Newsline, the daily paper of the Workers’ Revolutionary Party, from May 1976 to the present, see: www.wrp.org.uk.

DODI AND PRINCESS DIANA INQUESTS, 2007–8

Brown, Tina, The Diana Chronicles, Century, London, 2007.

Burrell, Paul, A Royal Duty, Penguin, London, 2003.

For official inquest transcripts, see: www.scottbaker-inquests.gov.uk/hearing transcripts.

Administrative Court Judicial Review before Lord Justice Smith, Mr Justice Collins and Mr Justice Silber in March 2007, sub. nom. Henri Paul (2007) EWHC 408 (Admin); (2008) Q.B. 172; (2007) 3 W.L.R. 503; (2007) 2 A.E.R. 509; (2007) 95 B.M.L.R. 137; (2007) Inquest L.R. 17; (2007) 157 N.L.J. 366.

Middleton v. HM Coroner for West Somerset 2004, 2 AC 182.

R v. Greater Manchester Coroner, case Tal (1985) QB 67.

For the transcript of Martin Bashir’s Panorama interview with Princess Diana, see: www.bbc.co.uk/politics97/diana/panorama.html.

For the Operation Paget Inquiry report, see: www.direct.gov.uk/en/Nl1/ Newsroom/DG_065122.

Chapter 19: Milk, Muck and Methane

GENERAL

Aloux, Miriam and Schonfeld, Victor (Directors), The Animals Film, Channel 4,

Campbell, Duncan, That Was Business, This Is Personal, Secker & Warburg, London, 1990.

Lane, Carla, Instead of Diamonds, Michael Joseph, London, 1995. For Climate Rush, founded by Tamsin Omond, Climate Suffragettes, see: www. climaterush.co.uk.

THE McLIBEL TWO

‘McLibel pair get police payout’, BBC News Online, 15 February 2005.

Armstrong, Franny, ‘Why won’t British TV show a film about McLibel?’, Guardian, 19 June 1998.

Morris, Dave, and Steel, Helen, ‘McWorld on Trial’, The Raven, issue 43, Freedom Press, 2002; see: www.anarres.org.au.

Schlosser, Eric, Fast Food Nation: The Dark Side of the All-American Meal, Houghton Mifflin Harcourt, New York, 2001.

Vidal, John, McLibel, Burger Culture on Trial, Macmillan, London, 1997.

For judgment day verdict, 19 June 1997; for ‘Victory for McLibel Two Against UK Goverment’, 15 February 2005; and for story of agents’ infiltrations, see: www. mcspotlight.org.

SEA EMPRESS

Marine Accident Investigation Bureau (MAIB) Report, The Stationery Office, London 1997.

VIVA!

Adam, David, ‘Too late to save Amazon…’, Guardian, 12 March 2009.

McCarthy, Michael, ‘Sea levels rising twice as fast as predicted’, Independent, 11 March 2009.

Wardle, Tony, Diet of Disaster, Viva Campaigns, Bristol, 2007.

www.viva.org.uk.

Chapter 20: Juries in Jeopardy

GENERAL

Article 39 of the Magna Carta, 1215, in the reign of King John, see: www.fordham. edu/halsall/source/mcarta.html.

Criminal Justice Act 2003, Section 43 in Archbold, 2009, pp. 493–4, para. 4-267 A-C.

Denning, Lord, What’s Next in the Law, LexisNexis Butterworths, USA, 1982.

Devlin, Patrick, Easing the Passage: The Trial of Dr John Bodkin Adams, Bodley Head, London, 1985.

Ford, Richard and Sapsted, David, ‘Lord Hailsham on juries’, The Times, 2 November 1988.

Grove, Trevor, The Juryman’s Tale, Bloomsbury, London, 1998.

Harvey, Richard, Diplock and the Assault on Civil Liberties, Haldane Society of Socialist Lawyers, London, 1980.

Hostettler, John, The Criminal Jury Old and New, Waterside Press, 2004.

Kafka, Franz, The Trial, Vintage, London, 1999.

Lief, M., Caldwell, H. M. and Bycel, B., Ladies and Gentlemen of the Jury: Greatest Closing Arguments in Modern Law, Touchstone, New York, 1998.

Lumet, Sidney (Director), Fonda, Henry (Co-producer), 12 Angry Men, 1957.

Penn, William and Mead, William, Howell’s State Trials, vol. 6, p. 951 (6 HOW 951).

Royal Commission of Criminal Justice under Lord Runciman, 1993, see: www. criminal-courts-review.org.uk/ccr-01.htm.

www.livenote.com.

PERSONS UNKNOWN TRIAL, 1979

www.saunders.co.uk. My instructing solicitor.

Flintoff, John-Paul, ‘The angry young man grows up’, Independent, 31 July 1998.

King-Hamilton, QC, Alan, Nothing But the Truth, Weidenfeld & Nicolson, London, 1982.

THE FERTILIsER CONSPIRACY (NABEEL HUSSEIN) TRIAL, 2006–7

Philippe Naughton, ‘Five given life for fertiliser bomb terror plot; Link to 7/7 bombers can be revealed for the first time’, Times Online, 30 April 2007.

http://news.bbc.co.uk/1/hi/uk/6610131.stm.

RICIN (MOULOUD SIHALI) TRIAL, 2004–5; siac hearing, 2006

Blair vs. Blair, Panorama, BBC1, 9 October 2005; for full transcript, see: www.bbc. co.uk/panorama.

Bright, Martin, ‘Ricin jurors attack new terror laws’, Observer, 9 October 2005.

Brown, Gordon, ‘Speech to the Royal United Services Institute in London’, 13 February 2006; for full text, see: http://news.bbc.co.uk/1/hi/uk_politics/4708816. stm.

Campbell, Duncan, ‘The ricin ring that never was’, Guardian, 14 April 2005.

Sihali, Mouloud, statement at www.campacc.org.uk/Library/Sihali_270606.doc.

‘More Plotters With Ricin May Be on the Loose, London Police Say’, Associated Press, 8 January 2003.

‘Seventh Man Arrested in London Ricin Case’, Associated Press, 8 January 2003.

‘The sober truth about Ricin’, Argus, 9 January 2003.

http://news.bbc.co.uk/go/pr/fr/-/1/hi/uk/4433459.stm.

http://news.bbc.co.uk/1/hi/uk/4433459.stm.

www.mi5.gov.uk/output/page602.

Chapter 21: Taking Stock

JEAN CHARLES DE MENEZES INQUEST, 2008

Rudd, Jonathan (Director), Stockwell, ITV1, 2009, based on the Health and Safety Trial, 2007.

Mark Saunders was shot by police on 8 May 2008. His Sister, Charlotte Saunders, Judicially reviewed the unfairness of police officers colluding over their notes and statements in September 2008, see: www.independent.co.uk/news/uk/ crime/the-killing-of-mark-saunders-929877.html, and www.telegraph.co.uk/ news/1934958/Chelsea-shooting-Barrister’s-family-‘stunned’-at-gun-rampage. html.

www.stockwellinquest.org.uk/hearing_transcripts – the list of witnesses for each date is listed in a main index; the indexes for the day’s proceedings come at the end of the day’s transcript.

Chapter 22: Law, Not War

GENERAL

Farebrother, George and Kollerstrom, Nicholas (eds), The Case Against War (in Iraq), Legal Inquiry Steering Group, Hailsham, 2003.

Kennedy, Maev, ‘100 ft down, the capital’s cold war warren gives up its final secrets’, Guardian, 18 October 2008.

McSmith, Andy, ‘A taste of how the other half lived in the blitz’, Independent, 18 October 2008.

THOMAS PAINE

Ayer, A. J., Thomas Paine, Secker & Warburg, London, 1988.

Foner, Eric, Tom Paine and Revolutionary America, Oxford University Press, Oxford, 1976.

Grayling, A. C., Towards the Light: The Story of the Struggles for Liberty & Rights that made the Modern West, Bloomsbury, London, 2007.

Keane, John, Tom Paine, A Political Life, Bloomsbury, London, 1995.

Nelson, Craig, Thomas Paine, His Life, His Time and the Birth of Modern Nations, Profile, London, 2007.

Paine, Thomas, The Crisis, Penguin 60s, Pamphlet no. xiii, (1783), London, 1995.

Paine, Thomas, Common Sense, Penguin, London, 2004.

INTERNATIONAL LAW and WAR CRIMES

Bowring, Bill, The Degradation of the International Legal Order?, Routledge-Cavendish, Abingdon, 2008.

Foley, Conor, The Thin Blue Line: How Humanitarianism Went to War, Verso, London, 2008.

Jorgensen, Nina, Responsibility of States for International Crimes, Oxford University Press, Oxford, 2000.

McSmith, Andy, ‘Keeping the Peace?’, Independent, 20 February 2008. Norton-Taylor, Richard, ‘Top judge: US and UK acted as “vigilantes” in Iraq invasion’, Guardian, 18 November 2008.

Robertson, Geoffrey, QC, Crimes against Humanity: The Struggle for Global Justice, Penguin, London, 2000.

Rose, Michael, Washington’s War: From Independence to Iraq, Weidenfeld & Nicolson, London, 2007.

Sands, Philippe, Lawless World, Making and Breaking Global Rules, Penguin, London, 2006.

Stone, Oliver (Director), W, Lionsgate Entertainment 2008.

Wood, Nicholas, and Pellens, Anabella, War Crime or Just War? The Iraq War 2003–2005, The Case Against Blair, South Hill Press, London, 2005.

Zyberi, Gentian, The Humanitarian Face of the International Court of Justice, Intersentia, Utrecht, 2008.

For the International Criminal Tribunal for the former Yugoslavia, see: www. un.org/icty or www.icty.org.

Geneva Conventions (1957), Archbold, 2009, p. paras 1913, 19-367 to 19-369. For International Criminal Court incorporated into UK legislation in 2001, see: www. icc-cpi.int; see also Archbold, 2009, p. 1906, para. 19-351 to p. 1913, para. 19-366; Archbold International Criminal Courts, 3rd edition, Dixon, Rodney and Khan, A. A. Karim, Sweet & Maxwell, London 2009.

WORLD COURT PROJECT, 1996

Mothersson, Keith, From Hiroshima to The Hague, International Peace Bureau, Geneva, 1992.

Taylor, Mathew, ‘Britain plans to spend £3bn on new nuclear warheads’, Guardian, 25 July 2008.

For the World Court opinion, see: http://disarm.igc.org/oldwebpages/worldct.html. The World Court Project is part of Abolition 2000, a global network to eliminate nuclear weapons, see: www.abolition2000europe.org .

MORDECHAI VANUNU

For the latest by Vanunu himself, see: altahrir.blogspot.com/2006/01/vanunus-trial­what-happened.html.

www.amnesty.org.uk.

www.torturecare.org.uk.

www.vanunu.org.

INTERNATIONAL HUMAN RIGHTS

For the Kurdish Human Rights Project, see: www.khrp.org; www.torturecare.org.uk.

For the Latin American Bureau, see: www.lab.org.uk.

For Peace Brigades International, see: www.peacebrigades.org.

FATMIR LIMAJ/ICTY IN THE HAGUE, TRIAL AND APPEAL, 2004–7

Di Giovanni, Janine, The Quick and the Dead: Under Siege in Sarajevo, Phoenix House, London, 1994.

Doucette, Serge R. and Thaci, Hamdi, Kosovar Moral Democracy or Kosovo Greater Serbia, Europrinty, Priština, 2004.

Judah, Tim, Kosovo, War and Revenge, Yale University Press, New Haven and London, 2002.

Malcolm, Noel, Kosovo: A Short History, Pan Macmillan, London, 2002. Rupnik, Jacques, Balkans Diary, Kosovar Action for Civil Initiative, Priština, 2004.

Stephen, Chris, Judgement Day: The Trial of Slobodan Milosevic, Atlantic Books, London, 2004.

Under Orders: War Crimes in Kosovo, Human Rights Watch, London, 2001.

For the United Nations Charter, see: www.un.org/aboutun/charter 1389.

Transcript Reference and case no. at Trial IT-03-66-T; for Appeal, see IT-03-66-A, p. A1058 – A1670, or see: www.un.org/icty/transe66/050830Ed.htm.