Shooting of Abdulkarim Boudiaf — House of Commons, 2017-12-11
Topic: Law and Crime
David Lindon Lammy (Labour, Centre-left): My hon. Friend is quite right that part of this story is about ensuring that Britain’s ethnic diversity is replicated across the criminal justice system at all levels. There has been some small progress in the Met police but, as my review found, we need to see diversity among the judiciary and our prison officers if we are to ensure that ethnic minority communities have faith and trust in our criminal justice system I am grateful to the Solicitor General for being here today to listen to and understand the feelings of the family. I am also grateful for his offer of a meeting with the family, senior representatives from the Crown Prosecution Service and the police, and I will take up that offer following this debate Karim was somebody’s son, brother and friend. As the family’s MP, I am not only calling for justice but representing them and ensuring that their voices, which have been silenced throughout the intervening years since the trial, are finally heard today in our Parliament. Karim’s family have not received adequate support from the state. They inform me that they continue to feel undermined and ignored to this day. Instead, they rely on the kindness of individuals in the Muslim community, in which they feel understood and supported This year marks the eighth year since Karim’s death, and his family’s determination to get justice for their son remains unwavering. Over the years, the family have repeatedly posed the same questions relating to the police’s failure to build a strong case to prosecute, the failure of the prosecution in court and the shortcomings of reporting methods and communication between the state and the bereaved family following the trial. The family, who are still reeling from the death, have said that they were not aware of any right to review the decision made by the CPS not to bring any further charges against the main defendant in the form of a retrial. The family were not made aware of the victim’s right to review and believed that any appeals would cost them financially. If they had been told, they would have submitted an appeal within the time limit, which is between five working days and three months following the CPS decision Clearly, this is an exceptional and alarming case. I would like reassurances from the Solicitor General today that if the family were to proceed with a review request, their submission would be treated and assessed under exceptional circumstances. What is more, the family are no clearer on who actually discharged the firearm that killed Karim, why witness intimidation was not taken more seriously, why special measures were not put in place to protect witnesses in the case, and whether there was forensic evidence that would have provided new leads and evidence for the investigation. The same questions that they posed almost a decade ago remain unanswered. In an all too familiar and tragic tale when it comes to victims of violent crime from black, Asian and minority ethnic backgrounds, the lack of communication and information about Karim’s case have caused the family to lose confidence and trust in our criminal justice system. Since Karim’s death, I have supported the family and witnessed at first hand the agony and trauma that they face and battle with on a daily basis. It pains me every time I meet the family to see the looks of despair and the glimmer of hope that has been dashed. Many who know the family believe that there is sufficient and compelling evidence that could lead to a conviction. They feel that, regrettably, the scope of the police investigation was limited. The thought of having no right of appeal and no retrial is unthinkable for them Although of course I appreciate the principle of double jeopardy, I am concerned that the rule is fundamentally flawed. It is for that reason that I call on the Government to look again at the rule. It is time for the Government to review how it operates in practice and whether it is working as it was designed, or whether in fact it is actually preventing miscarriages from being overturned, resulting in guilty individuals avoiding justice The Government must also consider how circumstances such as witness intimidation and shortcomings on the part of the police and the Crown Prosecution Service can be taken into account so that justice is served. It is, of course, right and proper that the law must safeguard against miscarriages of justice. Currently, to obtain a prosecution appeal against an acquittal, we have a strict and narrow application of the double jeopardy rule that uses a high evidential threshold to test for qualifying offences. I believe the current legislation is inflexible and does not reflect modern conditions and scientific advances. The original trial must be fit for purpose, watertight and leave no stone unturned if the double jeopardy rule is to work properly and if we are to avoid miscarriages of justice like we see in this case. Recent evidence suggests that the scope for retrials of acquitted individuals under the legislation is too narrow The criminal law review published in 2014 confirmed that only 13 applications for retrial were made to the Court of Appeal under the provisions of the double jeopardy rule. Of those 13 applications, nine resulted in retrials. The defendants in seven of those cases were retried and convicted, with two defendants convicted on a guilty plea. Just one case led to acquittal. That evidence highlights clearly how restrictive the double jeopardy rule is In the case of Abdulkarim Boudiaf, there is still a long way to go until we can reasonably conclude that justice has been done. Those responsible for his murder are protected by this rule, so it logically follows that the tragic circumstances of this case call into question the fairness of the double jeopardy rule. The law must serve the interests of the victim, of the victim’s family, of the public and, most of all, of justice. In 2019 it will be 10 years since Karim was murdered. The case remains open.