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24 May 2012 / Hle Blog
Issue: 7515 / Categories: Blogs
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A fair trial?

HLE blogger Lucy Corrin wonders if Rebecca Brooks can receive a fair trial

In the aftermath of the decision to prosecute Rebekah Brooks, her co-defendant and husband, Charles Brooks, has called the proceedings a witch-hunt and questioned his wife’s ability to receive a fair trial. Mrs Brooks has herself challenged the decision to prosecute, and raised issues about impartiality.

First and foremost, perception is a key part of our justice system and even when decisions have been scrupulously and fairly taken behind closed doors by eminent and distinguished lawyers, it does matter if the legitimacy of those decisions is undermined in the eyes of the public. If there is sufficient evidence for a realistic prospect of conviction and it is in the public interest to prosecute, then any question hanging over the legitimacy of the decision needs to be dealt with. The DPP, Keir Starmer QC, has addressed this by pointing out: “Five years ago the News of the World wrote three sentences about Alison Levitt’s private life, repeating what had been reported elsewhere and which had been, in any event, common knowledge for a year. She is a distinguished and highly respected QC.”

This glancing blow by Brooks and her legal team does commence what will likely be a long and drawn-out battle to maintain a fair trial process. How do we protect the fairness of Mrs Brooks’s trial? Undoubtedly there are a number of strands of press coverage which would need to be considered by any trial judge.: personal coverage about Brooks; possible preconceptions about her character and honesty; coverage of the charges themselves and the evidence which may be called to substantiate them; and most significantly, the coverage of the phone hacking scandals and the impact that may have on any trial on these charges. Does this coverage irrevocably affect our perception of Mrs Brooks’s honesty and truthfulness?...”

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Issue: 7515 / Categories: Blogs
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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