From Mark Schwarz, defence solicitor. Full text of his comments here
www.guardian.co.uk/environment/2011/jan/...te-change?intcmp=239
...the prosecution told the defence... just before the trial was due to begin, and almost 20 months after the investigation began, that 'Previously unavailable material that significantly undermines the prosecution's case came to light on Wednesday 5 January'. The discovery of this material came at the time when the prosecution were informed that we planned to pursue disclosure of the evidence relating to PC Kennedy with the judge. Unsurprisingly, they have declined to confirm whether the new material relates to PC Kennedy. In my opinion the two are obviously connected. The timing speaks for itself. These events also beg wider, serious questions.
Would this evidence have been uncovered had the defence not become aware of it through other avenues? And is it appropriate that access to, and decisions about, disclosure of key evidence should exclusively be in the hands of a prosecution whose primary function is to secure convictions?
What Mr Schwarz is describing is standard police and CPS practice: in a word, cheating. Don't we all want to live in a society where people are convicted of crimes fairly and squarely, or else not at all? And how can people be fairly tried when the prosecution, the judge, the police and the court are all heads on the same hydra?
What does anyone think about having an inquisitorial system for criminal trials, as in France or Portugal, our own Coroners' Inquests or even *gasp* Sharia Law?