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27 October 2017 / David Hewitt
Issue: 7767 / Categories: Features , Profession
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Who says it’s perverse?

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David Hewitt reflects on the history & impact of perverse verdicts

It began when I was called for jury service, and I found myself thinking about Clive Ponting. I remember him emerging into a media scrum outside the Old Bailey, his breath hanging on the chilly air. He is wearing a raincoat, even though it is only February, and he looks tired.

The year was 1985, and Ponting had just been acquitted of breaching the Official Secrets Act after a two-week trial. He was said to have leaked classified documents about the sinking of an Argentinian warship, the General Belgrano , during the Falklands conflict. Crucially, he had admitted doing so.

It seemed to me that the implications of Ponting’s case had never been properly understood, and so I started to ask some questions.

The documents had been sent to Tam Dalyell, a Member of Parliament, and they revealed that the Belgrano had been heading away from the Royal Navy ‘taskforce’ when it was hit. That wasn’t, however, the official version, and it contradicted what the Prime Minister, Margaret Thatcher, had said. Ponting argued

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NEWS
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The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
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After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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