The defendants were alleged to be members of the IRA who had been found near to the home of Secretary of State for Northern Ireland. They were charged with conspiracy to murder. They did not give evidence. During closing speeches in a terrorist trial, the Secretary for Northern Ireland and Lord Denning took part in radio or television broadcasts, which might have been heard by the jury, in which they equated the exercise of the right of silence with guilt.
Held: In these quite extraordinary circumstances, a fair trial of the defendants had been made impossible.
Beldam LJ said: ‘We are left with the definite impression that the impact which the statements in the television interviews may well have had on the fairness of the trial could not be overcome by any direction to the jury, and that the only way in which justice could be done and be obviously seen to be done was by discharging the jury and ordering a retrial.’
Judges:
Beldam LJ
Citations:
(1991) 92 Cr App R 239
Jurisdiction:
England and Wales
Cited by:
Cited – Regina v Abu Hamza CACD 28-Nov-2006
The defendant had faced trial on terrorist charges. He claimed that delay and the very substantial adverse publicity had made his fair trial impossible, and that it was not an offence for a foreign national to solicit murders to be carried out . .
Cited – Regina v Stone CACD 14-Feb-2001
The defendant appealed against his conviction in 1998 of murder based on a confession said to have been made to a fellow prisoner on remand. A witness supporting that confession said after the trial that he had lied under police pressure. The appeal . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 25 October 2022; Ref: scu.247654
