Unfortunately until the legal system is held to account for their action what the Post office scandal has shown is the system of bullying and two fingers up to justice works.
I have been fighting as a litigant in person for over a year for an elderly lady who’s rights in statute have been abused on three different occasions for different statutes by her local council. The council bullies have now been replaced by solicitors who are have similar ethos to those of the Post office legal team. Aggressive high handed threats and of police and enormous financial loss. I have sent the statute more times than I care to remember and requested evidence under the Freedom of Information and Data Protection ALL have been ignored. But the threats and bullying continues. Until these people charged with up holding our legal system are brought to account “the skint little people” do not stand a hope in hell.
You conclude with the correct "fundamental" question. Having just retired after 44 years "at the bar", it is obvious to me that actual progress in "justice" requires an unflinching look at lawyers, the courts, and regulators. If anyone dares suggest the above a remarkable "moral panic" response comes from many in the system. (From Wikipedia: "A moral panic is a widespread feeling of fear that some evil person or thing threatens the values, interests, or well-being of a community or society.")
Thank you for your many perceptive analytical posts!
I agree that many people focus -- understandably and rightfully -- on individual wrongdoing. However, the systems issues cannot be ignored. Many, many things had to go wrong and many, many people had to be at least complicit in order for the scandal to reach its all-encompassing proportions. Focusing exclusively on individual wrongdoing only serves those who are currently relying on systemic weaknesses in order to continue their exploits. It plays only a limited role in preventing future miscarriages of justice. And it ignores the all to human tendency to succumb to a malignant environment. To some extent, most people are susceptible, in a bad environment, over long periods of time, to losing their critical discernment.
Reading today's Telegraph article on the Lucy Letby trials I was reminded of what we've learned in the Horizon inquiry. A medical specialist was presented as an "Expert Witness" but appears to have been on the side of the prosecution without being challenged by the court, and biased statistics were presented as being beyond reproach when real statisticians were unhappy with them. These indicate a fault in the court process as well as with everything else.
I know from my own limited experience of being in a magistrate's court that truth is irrelevant and securing a prosecution is all-important, the magistrate being as keen as anyone to achieve that. It seems from what we have learnt that this is not limited to the lower courts.
If the government does not swiftly indicate a positive response, the alternative would be to hold a "People's Enquiry into Justice in the UK".
This might be done, for example, under the Chairmanship of Richard Moorhead, with say 2 bigwigs as Members alongside Cherry Morgan and Ron Usher.
In the first round, written evidence might be invited? In the 2nd round, people who have written in might be invited to depose and be cross-examined in person?
I should make it clear that I have never met any of the people I have named here, and have had contact with them exclusively through their writings.
You folks will be better placed to improve on my suggestions or indeed to use my thoughts as a spur to suggestions in an entirely superior league.
Isn't the election of a new government the right time to take forward the possibility of a full and systematic review of the legal system? And how about nominating Cherry Morgan and Ron Usher for the committee appointed for the review - one representing litigants, and another representing career-long experience "at the bar"? Of course I assume that the committee will be chaired by some big-wig and will have other bigwigs on it too.
Unfortunately until the legal system is held to account for their action what the Post office scandal has shown is the system of bullying and two fingers up to justice works.
I have been fighting as a litigant in person for over a year for an elderly lady who’s rights in statute have been abused on three different occasions for different statutes by her local council. The council bullies have now been replaced by solicitors who are have similar ethos to those of the Post office legal team. Aggressive high handed threats and of police and enormous financial loss. I have sent the statute more times than I care to remember and requested evidence under the Freedom of Information and Data Protection ALL have been ignored. But the threats and bullying continues. Until these people charged with up holding our legal system are brought to account “the skint little people” do not stand a hope in hell.
You conclude with the correct "fundamental" question. Having just retired after 44 years "at the bar", it is obvious to me that actual progress in "justice" requires an unflinching look at lawyers, the courts, and regulators. If anyone dares suggest the above a remarkable "moral panic" response comes from many in the system. (From Wikipedia: "A moral panic is a widespread feeling of fear that some evil person or thing threatens the values, interests, or well-being of a community or society.")
Thank you for your many perceptive analytical posts!
I agree that many people focus -- understandably and rightfully -- on individual wrongdoing. However, the systems issues cannot be ignored. Many, many things had to go wrong and many, many people had to be at least complicit in order for the scandal to reach its all-encompassing proportions. Focusing exclusively on individual wrongdoing only serves those who are currently relying on systemic weaknesses in order to continue their exploits. It plays only a limited role in preventing future miscarriages of justice. And it ignores the all to human tendency to succumb to a malignant environment. To some extent, most people are susceptible, in a bad environment, over long periods of time, to losing their critical discernment.
Reading today's Telegraph article on the Lucy Letby trials I was reminded of what we've learned in the Horizon inquiry. A medical specialist was presented as an "Expert Witness" but appears to have been on the side of the prosecution without being challenged by the court, and biased statistics were presented as being beyond reproach when real statisticians were unhappy with them. These indicate a fault in the court process as well as with everything else.
I know from my own limited experience of being in a magistrate's court that truth is irrelevant and securing a prosecution is all-important, the magistrate being as keen as anyone to achieve that. It seems from what we have learnt that this is not limited to the lower courts.
If the government does not swiftly indicate a positive response, the alternative would be to hold a "People's Enquiry into Justice in the UK".
This might be done, for example, under the Chairmanship of Richard Moorhead, with say 2 bigwigs as Members alongside Cherry Morgan and Ron Usher.
In the first round, written evidence might be invited? In the 2nd round, people who have written in might be invited to depose and be cross-examined in person?
I should make it clear that I have never met any of the people I have named here, and have had contact with them exclusively through their writings.
You folks will be better placed to improve on my suggestions or indeed to use my thoughts as a spur to suggestions in an entirely superior league.
Isn't the election of a new government the right time to take forward the possibility of a full and systematic review of the legal system? And how about nominating Cherry Morgan and Ron Usher for the committee appointed for the review - one representing litigants, and another representing career-long experience "at the bar"? Of course I assume that the committee will be chaired by some big-wig and will have other bigwigs on it too.