The shocking case of David Bryant reveals the fallacy that we can always spot a liar

Last Friday David Bryant, a 66 year old retired fireman with a distinguished record of brave public service was freed after spending 3 years in gaol for a crime that he did not commit. Yesterday his conviction was finally quashed.

His story is quite appalling, though not, I fear, in any way unique.

His accuser, unusually, has waived his right to anonymity so we know that he is a man called Danny Day. His accusation, which he first made in 2012, was that Mr Bryant and another fireman called Goodman (who is now dead) had raped him on some unspecified date between 1976 and 1978. Continue reading “The shocking case of David Bryant reveals the fallacy that we can always spot a liar”

This is no time for rejoicing: Erdogan is pulling Turkey towards despotism

There has been much rejoicing in the West that the attempted military coup in Turkey has been defeated by “people power.” People of all political persuasions, it has been said, including many strongly opposed to the governing AK Party, came onto the streets to defend democracy against a military putsch. They did so in answer to a call from President Erdogan in his now famous Facetime broadcast which was then repeated from minarets all over Istanbul and Ankara. There were acts of great bravery as unarmed civilians stood in the way of tanks, as well as scenes of horror, not least when bewildered conscripts appear to have been lynched. 

Meanwhile, pictures have been posted of the alleged coup leaders, now being held in custody. They look haggard and worried, as well they might.  Continue reading “This is no time for rejoicing: Erdogan is pulling Turkey towards despotism”

Don’t abuse the Brexit litigants: their action shows that we live in a free country

The law firm Mishcon de Reya is bringing an action to force the Prime Minister, whoever she (or just conceivably he) may be, to obtain Parliamentary approval before issuing that all-important Article 50 notification.

The question in issue is a deceptively simple one but it has divided lawyers. Can the Prime Minister invoke Article 50 as an act of Royal Prerogative; or will she need to persuade Parliament to pass legislation before doing so? Continue reading “Don’t abuse the Brexit litigants: their action shows that we live in a free country”

The Referendum now poses a serious threat to Parliamentary Democracy

Forget about the online petition. We do not have government by petition, particularly not when we don’t know how many of the online signatories are even British, or are duplicates, or computerised bots or in some other way bogus. No matter how many signatures the petition garners it will not result in a re-run of the referendum, and nor should it.

Forget too about Members of the Scottish Parliament metaphorically flooding down from the Cheviots, sgian-dubhs flashing in the pale northern sunlight, rushing to save the Sassenachs from the consequences of their folly. The argument – publicised and explained here by the ever-lucid Jolyon Maugham – is rather complex and explained better by him than by me but essentially it’s this: Continue reading “The Referendum now poses a serious threat to Parliamentary Democracy”

We must remain in the EU for peace and prosperity.

The time for agnosticism about the EU referendum is over. Those of us who have been sitting on the fence now need to decide which way to vote.

A few weeks ago I was still an agnostic. Not any longer. The weight of Barristerblogger is very modest – but for what it is worth it is now firmly behind the Remain campaign.

I have great personal respect for many, though not all, of the Leave campaigners but I think they have lost every important argument. Continue reading “We must remain in the EU for peace and prosperity.”

The Psychoactive Substances Act is a bad law and the Government doesn’t even know what it means

The Psychoactive Substances Act, which came into force last week, has been much criticised.

There have been two broad criticisms: first, that it will fail to control the harm done by new psychoactive substances; secondly that it will prove largely unenforceable.

It will certainly have the effect of driving the sale of formerly legal highs underground. Possession of such substances remains legal (except in prisons), but their supply, possession with intent to supply, import and export have become criminal offences. Thus, the only means of obtaining substances that are in themselves legal to possess, will be through criminals. Businesses that once traded openly, and paid taxes, have now closed. Continue reading “The Psychoactive Substances Act is a bad law and the Government doesn’t even know what it means”

It’s not wrong to consider John Beggs QC for barrister of the year

John Beggs QC has made the shortlist for The Lawyer Magazine’s award for “Barrister of the Year.”

The decision has caused outrage in Liverpool because Mr Beggs represented the Hillsborough Police Match Commanders, including David Duckenfield, the officer who, catastrophically, ordered the Hillsborough gates to be opened.

I have no idea whether he would be a worthy winner of the accolade. The entry form asks, amongst other things, for:

“Full details of one benchmark case, illustrating how the individual barrister’s contribution made a significant difference to the outcome, including details of other parties / instructing groups”

The verdicts in the Hillsborough Inquest went against his clients in every possible respect, so it is difficult to see how that case could further his credentials very far, but there are other criteria too, so perhaps he could still win.

Margaret Aspinall, whose son James was killed in the disaster, told the Liverpool Echo:

“Whoever proposed and supported this nomination has clearly not spent even a day at the Hillsborough inquests.”

“We and the jury listened to Mr Beggs for the last two years and the jury’s verdict tells you all you need to know about how good a barrister he is.” Continue reading “It’s not wrong to consider John Beggs QC for barrister of the year”

Trigger warnings are an insidious threat to academic freedom

Oxford University law students have asked to be protected from distressing material that may crop up in their studies of the criminal law. Lecturers have been told that they must issue “trigger warnings” before lecturing on subjects that may – it is claimed – lead vulnerable students into depressive episodes or even suicide. Students thus forewarned can either steel themselves to what follows, or, as some are now doing, skip the lecture altogether. The directive is primarily aimed at students studying criminal law. Continue reading “Trigger warnings are an insidious threat to academic freedom”

Why is it legal to call someone a bull’s pizzle, but a crime to call him a codhead?

Blackpool Magistrates recently came down hard on a Thornton rat-catcher.

Mark Seddon’s love life had had its ups and downs. During one of its downs his girl-friend left him. She took up with a man who Mr Seddon didn’t like.

Some pest control consultants might have resorted to violence, but Mr Seddon was more restrained. He turned to social media. He sent his ex a “Whats App” message setting out succinctly his opinion of the new man in her life:

He is, said Mr Seddon, a “fat-bellied codhead.”

As one would expect these days, the police were informed and Mr Seddon was prosecuted under Section 127 of the Communications Act 2003 for sending:

“by means of a public electronic communications network a message … that [was] grossly offensive.

It is a surprisingly serious charge, carrying a possible sentence of 6 months imprisonment. Continue reading “Why is it legal to call someone a bull’s pizzle, but a crime to call him a codhead?”

Is Helen guilty of murdering Rob? My Advice

R v. Helen Titchener

ADVICE

1. I have been asked to advise those instructing urgently in relation to their client Helen Titchener, who has been arrested on suspicion of a serious crime of violence against her husband, Robert. At the time of writing matters are still a little unclear, but Mrs Titchener believes she has killed her husband by stabbing him with a kitchen knife. It seems likely, though not certain, that he will have been certified dead on arrival at Borchester Hospital. Those instructing expect to be representing Mrs Titchener in the police station where she is expected to be interviewed sometime after 19.00 hours this evening.

2. Because this advice is required so urgently I will not trouble those instructing with a detailed recital of what I have been told is the unhappy history of the Titcheners’ relationship. It suffices to say that in recent months their marriage had become increasingly strained and (at any rate as far as Mrs Titchener was concerned) unhappy. Mrs Titchener is heavily pregnant, and it seems that this has been used by Mr Titchener as a means of exerting ever increasing emotional control over her. Indeed, such had been the level of control that she had even, at times, begun to doubt her own sanity, and had recently sought treatment from a psychiatrist. Continue reading “Is Helen guilty of murdering Rob? My Advice”