The 30th Anniversary Justice Discussions

The 30^th Anniversary Justice Discussions[1]

By Satish Sekar © Satish Sekar (October 31^st 2020)

Introduction

Thirty years ago (November 22^nd) what was then the longest murder trial in British history resulted in three men (Yusef Abdullahi, Stephen Miller and Tony Paris) being wrongfully convicted of the Valentine’s Day 1988 murder of Lynette White. John and Ronnie Actie were acquitted. On December 10^th 1992 the convictions of the Cardiff Three were quashed – the whispering campaign against all five continued. The murder of Lynette was appalling – over 50 stab wounds. It was a sexually motivated homicide.

            After the convictions were quashed her murder was re-opened twice – finally resulting in the conviction of the real killer Jeffrey Gafoor who pleaded guilty on July 4^th 2003 when confronted with overwhelming evidence. The Cardiff Five were the first in the DNA age in Britain to be vindicated by the conviction of the truly guilty in a homicide case after a miscarriage of justice. That should have ended the whispering campaign. Instead the now disbanded IPCC mishandled their task from start to finish. Instead of supervising an independent and impartial investigation of what had gone wrong, they allowed South Wales Police to seize control of an investigation into itself.

            In December 2011 the process collapsed in farcical circumstances. Again, the IPCC made a mess of the process of accounting for the failure. The CPS’ role was investigated internally too. The then DPP assisted these processes, which ignored the original miscarriage of justice totally. The purpose of this and the later Horwell Inquiry was to ensure that a case that should have changed the criminal justice system once and for all was prevented from doing so.

            Thirty years on from one of the most shameful travesties of justice in British history, what are its lessons, not only Britain, but throughout the world.

            The Fitted-In Project presents a series of discussions over several days, which aims to assist and encourage victims of injustice to learn from top quality speakers, network and arm themselves with information that will assist them to fight back efficiently.

Format of Events

There will be a total of ten discussion topics (although a sport-related one may be added) – each session will last 90 minutes. The Moderator will introduce the discussion and panellists for 5 minutes. Three panellists will speak for 15 minutes each. The Moderator will ask a question of her/his choice (5 minutes for question and answer). Twenty minutes will be set aside for questions from the audience, followed by a 5-minute conclusion. The final ten minutes will include entertainment or networking.

            The discussions will be on November 18^th, 19^th, 20^th, 21^st, 23^rd, 24^th, 25^th, 26^th and 30^th. Timings are given with reference to GMT. There will be further discussions on December 7^th, 10^th and 16^th because the appeal of the Cardiff Three began on December 7^th. It ended abruptly on December 10^th without allowing important grounds of appeal to be developed. The judgement of the Court of Appeal, headed by the then Lord Chief Justice, (Baron) Peter Taylor of Gosforth, was delivered on December 16^th. It contained strong criticism, but also prevented important precedents being set.

Topics for the Discussions

1. Police and Prosecutorial Accountability
2. Clear My Name (Not by DNA)
3. Victims’ Rights and Aftercare
4. Reporting Injustice
5. Integrating Forensic Sciences and Investigations
6. Forensic Pathology and Miscarriages of Justice
7. Institutional Racism –

Forgotten Victims & Miscarriages of Justice

• DNA Databases – A Weapon for the Innocent?
• The Death Penalty
• Truth and Justice Commissions

Some of the topics listed above will be discussed by different panellists. This will involve discussions on different dates as we are trying to avoid discussions of the same topics on the same days. The topics will be detailed individually as will each discussion. These documents will be available upon request, especially to media.

Conclusion

That is just one case in Britain – albeit an exceptional one. But imagine how many others could contribute to an efficient and just criminal justice system if given the chance to do so. And that does not deal with other jurisdictions.

Where are the reviews of the difference-making injustices in those jurisdictions? We have a cross-section of speakers from different countries who can highlight the flaws in their systems, but also detail what is needed. How do other jurisdictions learn the lessons and prevent repetition in their own jurisdictions? Are there lessons to be learned and methods that can be adapted from those jurisdictions.

The lasting legacy of the Royal Commission into the notorious miscarriage of justice that the Birmingham Six suffered in Britain was the emasculation of the right to silence. It is a sadly familiar story in other jurisdictions too. There must be a better way – one that prevents politicians cherry-picking recommendations of review bodies and somehow managing to make things worse.

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[1] The Fitted-In Project proudly presents a series of discussions (on Zoom) to commemorate the

 30^th anniversary of the end of the trials of the Cardiff Five – Yusef Abdullahi, the Actie cousins John and Ronnie who were acquitted, Stephen Miller). The convictions of the Cardiff Three were quashed on appeal in December 1992. The Lynette White Inquiry – her murder was the most brutal of its type at the time – was reopened twice, resulting in the real killer being caught and convicted in 2003.

On July 4^th 2003 Jeffrey Gafoor pleaded guilty to Lynette’s murder. It was the first time in the DNA age that a miscarriage of justice in a homicide case had been resolved in Britain by the conviction of the real killer. It raised several issues affecting the delivery of justice in Britain and treatment of all the victims. The aim of these discussions is to inform the public, equipping them with a greater understanding and ability to fight for and secure justice for all.