Warning to prosecutors after MP case

Written By Unknown on Jumat, 11 April 2014 | 15.36

11 April 2014 Last updated at 09:15

The Crown Prosecution Service needs to "keep a cool head" in investigations of historic abuse cases, a former director of public prosecutions has warned.

Prosecutors "on a mission" to pursue famous people could lose perspective, Lord Macdonald told the Times.

The peer made his comments after former Commons deputy speaker Nigel Evans was cleared of a series of sexual offences.

Director of Public Prosecutions Alison Saunders said the CPS would not "shy away from prosecuting difficult cases".

Commons staff

Lord Macdonald did not comment directly on the Nigel Evans case.

"We don't want prosecutors only to bring sure-fire winners. That way lots of guilty people would never be taken to court," he said.

"The more challenging cases need to be prosecuted too, so that the courts can decide.

"What the CPS needs to avoid, however, is going on a mission and losing perspective.

"This particularly applies to historical cases which have garnered a lot of publicity. You have to keep a cool head."

The CPS maintained it was right that all the evidence in the case of Mr Evans was put before a jury, but added that it respected the court's decision to clear him of all the charges.

Some MPs have criticised the CPS and police after the acquittal of Mr Evans.

Failing victims

But Director of Public Prosecutions Ms Saunders told BBC Radio 4's Today programme the CPS was "absolutely" right to take the case to trial.

"Our test is to make sure there is a realistic prospect of conviction," she said.

"We would be failing victims if we didn't apply that test across the board with the same standard, no matter who the alleged offender is and if the test is satisfied we take that case to court.

"Of course what the jury then does is apply a very different, much higher test which is Are they satisfied beyond all reasonable doubt?"

Ms Saunders said the CPS would review Mr Evans's case, but she ruled out conducting a review of the prosecution system on a "general basis", saying: "I think if we are applying the test that's absolutely right."

She added that the CPS must not "shy away" from taking difficult cases to court.

'Serious concerns'

"I think we have to be very careful to make the distinction between difficult cases which rightly go before a court, and cases which are weak, which we should not be putting before a court, which would not pass our test," she said.

Conservative MP David Davis, a former shadow home secretary, called for an urgent review, saying there was "a risk of a serious injustice" under the current system.

Mr Davis said: "This case has highlighted serious concerns over how the police and the Crown Prosecution Service bring sexual offence cases to court.

"In particular we must now review the process whereby the police and the Crown Prosecution Service put together a large number of lesser, subsidiary cases in order to reinforce one serious case when prosecuting sexual offences.

"It is clear from the way that this case proceeded that there is a risk of a serious injustice being done to an innocent man, and I would call on the attorney general to urgently review this issue."

Mr Evans was cleared of a string of sex abuse charges, including one of rape.

The rape claim was among several allegations made by seven men during a five-week trial at Preston Crown Court.

Mr Evans was said to have used his political influence to take advantage of his alleged victims but the defence pointed out inconsistencies in various witness accounts.

The former Conservative MP, 56, currently sits as an independent for Ribble Valley.


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