Transcripts For BBCNEWS BBC News 20180127 : vimarsana.com

BBCNEWS BBC News January 27, 2018

Discovers why sinkholes are appearing nearly near the red sea. Good morning and welcome to bbc news. All current rape and Sexual Assault cases in england and wales are being reviewed as a matter of urgency. The announcement from the director of Public Prosecutions follows the recent collapse of several high profile trials, after vital evidence had not been shared with defence lawyers. Its believed a number of cases could be stopped as a result, as Adina Campbell reports. In a move seen to help rebuild trust in the Justice System, every rape and Sexual Assault case in england and wales is now under review. The Crown Prosecution Service has taken action after public concerns that evidence, particularly digital records, are not being disclosed early enough to defence lawyers. 22 year old liam allen was wrongly accused of rape and Sexual Assault, but his trial collapsed last month after the metropolitan police failed to disclose phone records which were vital evidence. Last week, a rape charge against Oxford University student oliver mears was dropped shortly before his trial when a diary which supported his case was uncovered. And danny kay, who had a rape conviction overturned after spending two years in prison, said earlier this month he felt let down by the Justice System. Devastating for a system that you trust to let you down like that. And i had complete faith in it. I trusted the truth would come out in trial and it didnt. Earlier this week the bbc revealed the number of collapsed prosecutions increased by 70 over the last two years. A National Disclosure plan has now been published by the cps, the National Police Chiefs Council and the college of policing to help make improvements. Adina campbell, bbc news. Lets cross to Clive Coleman, our Legal Affairs respondent. This sounds quite extraordinary, really. Many cases to be reviewed . M sounds quite extraordinary, really. Many cases to be reviewed . It is not putting too fine a point on it to say this is Something Like a crisis for the criminalJustice System. Lawyers working within that system have been telling me for many, many yea rs have been telling me for many, many years that this closure was a real issue. It was a real problem. We have now had a series of high profile cases, rape cases, which have collapsed because of the failure by the prosecution to disclose to the defence, as they are bound to do, any evidence that assists the defence case or undermines the prosecution case. As a result of that, we now have this urgent review of all rape cases and all serious Sexual Assault cases in england and wales that are live. That means where someone has been charged but is yet to stand trial. What is interesting about that is that it what is interesting about that is thatitis what is interesting about that is that it is a review simply of rape and Sexual Assault cases. Lawyers have been telling me for a long time that this is a systemic problem. It is not simply one that is confined to those kind of cases. In those cases, we have seen the failure, the common thread, has been a failure to disclose electronic, digital evidence from mobile phones, from facebook. I think one of the issues at the core of this is that we simply live our lives differently these days. We live it online, on mobile phones, mobile devices. There isa mobile phones, mobile devices. There is a real question mark over the ability of prosecutors within the criminal Justice System ability of prosecutors within the criminalJustice System to locate the evidence that is hidden in those areas that can be absolutely critical. The thing is, this review is only looking at rape and Sexual Assault cases. Only yesterday, a case, a people trafficking case, not rape or Sexual Assault, collapsed because of this closure failures. The effect of these disclosure failures can be absolutely devastating. In that case, a young woman who was one of the defendants was on remand for 13 months, during which time she had a child in prison. She should never have been there. This is an issue that certainly criminal lawyers field goes beyond rape and Sexual Assault. It is the action plan Going Forward that the director of Public Prosecutions, Alison Saunders, and the attorney Generaljeremy Wright qc, had been talking about, that it is hoped will address these problems Going Forward. One of the issues is, another key issue, it does not look backwards. What about cases in the past where people may have been wrongly convicted as a result of disclosure failures . There is no review into those cases. Some people may say, in fact, it was put to Alison Saunders recently, are people in prison who should not be there, and they are there because of disclosure failures . She said that was not the case. The case at woodgreen yesterday proves it was the case. This woman was in prison on remand, not convicted, who should not have been there. I think there will be pressure now to look at past cases in addition to cases Going Forward and current cases. Just quickly, what you say about the modern world, technology and mobile phones, that is correct. But what is the basic problem . A lack of staff, people not knowing how this works, how has this arisen . It used to be the case that the evidence collected would be paper, you would have a warehouse of paper in big cases. Now much of the evidence is digital. That has to be properly scrutinised. You need the right training for police officers, disclosure officers, you need the right softwa re officers, you need the right software in order to do it effectively and come pensively. Those are too matter of the big issues. The other big issue is very little. Issues. The other big issue is very little. Copper offensively. There is very little funding. Criminal lawyers have been saying that this area is simply underfunded. Defence lawyers are not being paid sufficiently, or at all, to look at what is called the unused material, material that the police will gather thatis material that the police will gather that is not being used in the prosecution itself, but it may contain critical evidence. So, in addition to this being the way we live now problem, a technology problem, it is also a funding problem. He was talking about a case that collapsed yesterday. Paul keleher is a barrister for a defendant who were acquitted in a Human Trafficking trial yesterday because social media evidence hadnt not disclosed. We are roughly right on the reasons why that case collapsed yesterday . That is correct. What happened to your client . She was one of three defence arrested, a couple of months after the lady that clive referred to. She was in custody for ten months, awaiting trial. She should not have been there in the first place, that has been discovered . That is certainly a tenable view. The case collapsed because the complainant was cross examined using common amongst other things, material that had not been disclosed previously. When she had finished, the prosecution through in their hand and accepted that the evidence showed she was no longer a credible witness. For those of us that know a little bit about the courts but not enough, where did things go wrong along the line . In this case, we are still waiting to find out. The judge has demanded an explanation from the Crown Prosecution Service. He commented in rulings on the case that the police and the cps, the Crown Prosecution Service, had com pletely Crown Prosecution Service, had completely failed to apply the law of disclosure in this case, described those failures as lamentable and shocking. They said there was a wholesale failure to apply what is a straightforward law, which has been in place for 23 yea rs. Which has been in place for 23 years. The prosecution failed, defence failures as well . The whole system seems to be failing on this . Well, the defence had been asking for this material for well, the defence had been asking for this materialfor a well, the defence had been asking for this material for a considerable time. Thejudge for this material for a considerable time. The judge commented for this material for a considerable time. Thejudge commented when he discharged the jury that the defence, when we got it, worked flat out to find the relevant parts. We we re out to find the relevant parts. We were just out to find the relevant parts. We werejust given 65,000 out to find the relevant parts. We were just given 65,000 messages, out to find the relevant parts. We werejust given 65,000 messages, and other material, to work through. As Clive Coleman was talking about, we live in a new world, we have to get used to this world of technology, mobile phones. That is at the base of this, isnt it . In the old days, you spend a lot of time with documents, rooting through things. It is all very different now and the Legal Profession cant cope, that is what it seems like . We could cope if we had sufficient resources. Legal aid funding is a serious problem. The Legal Aid Agency find it very difficult to pay defence lawyers to look at the sort of material. I cant speak for the prosecution. I suspect they are seriously under resourced and underfunded as well. At this problem has been around for yea rs. At this problem has been around for years. It has just been aggravated by the increase in social media material. Do you accept that it is possible that all cases, people that ended up in prison and convicted, actually that was wrong as well, and if we wanted to start looking back we could be in real issues here . If we wanted to start looking back we could be in real issues here7m seems to be logically that it must be the case, if these other cases we know about, there must be cases we dont know about that slipped through the net. One question about the cost of everything, you say underfunding, but reviews are going to cost a lot of money. In the end, presumably there will say you need more money, we are chasing around in a circle at a time when funds from government are under pressure . The bar society have been saying this for years, if you dont fund it at the beginning, mistakes after the ca re the beginning, mistakes after the care that are much more expensive to put right later on. It is a failure to apply Legal Resources properly. Thank you very much indeed. At least 20 people have been killed in a huge explosion in the centre of the afghan capital, kabul. Spokesman for the ministry of Public Health said more than 100 people were injured when a suicide bomb went off near the old interior ministry building. Witnesses say the area was crowded at the time of the blast. The news comes a week after a major attack by the taliban on a high profile hotel in kabul, the intercontinental, in which more than 20 people died. Lets go live to couple with vat lets get the latest from kabul. Can you give us the latest that you know . The latest that we know in kabul, the latest casualty figures, 40 kabul, the latest casualty figures, a0 killed and 1a0 wounded in this blast. It happened in a very crowded pa rt blast. It happened in a very crowded part of kabul city, near the old interior ministry building. We know there are a number of embassies and a number of public hospitals, private and public clinics also, and the Afghan Peace Council is operating from the same area. The area is closed to the public because only ambulances and permitted government vehicles are allowed to government vehicles are allowed to go through. According to the interior ministry, one source says the attackers used an ambulance for this blast, which was very huge, and a lot of damage caused to the public hospital. You said 40 that we know about killed. This is an appalling attack in every way. The atmosphere in kabul must be incredibly nervous . In the past few weeks, we have witnessed a wave of attacks by the taliban. Sometimes it has been claimed by the is, which we call daesh, and sometimes nobody takes responsibility, for example the save the children building the day before. This attack, happening one week after a high profile attack on a hotel in kabul, where we know that 22 have been killed and 1a were foreigners, and also a number of wounded in the attack. As much as we know that there are Counterterrorism Operations by the afghan army and the taliban, also, they continue their attacks in the cities. It looks like the Security Forces cannot cope with what is going on . In one account, the Security Forces, as they say, they are claiming that they have a big operation against they have a big operation against the taliban and the taliban are able to only do one or two of their planned attacks in a week. The police say that they have seized a number of the taliban and a number of those that are trying to do suicide attacks in the cities. In that case, we can say that the situation is very complicated. Thank you very much. Lets look at the headlines. Every current rape case in england and wales is to be reviewed as a matter of urgency. It follows the collapse of urgency. It follows the collapse of several trials because crucial evidence was not disclosed. As you have just been hearing, evidence was not disclosed. As you havejust been hearing, it evidence was not disclosed. As you have just been hearing, it is evidence was not disclosed. As you havejust been hearing, it is now being reported that a0 people have been killed and more than 100 injured as a huge explosion rocks the afghan capital, kabul. It comes one week after a Major Taliban attack on a high profile hotel in which more than 20 people died. There is relief for 1000 workers at the Aerospace Firm bombardier has massive tariffs will not now be imposed by us authorities. The Prime Minister has welcomed the t7 yes, by the fact that yes, by the fact that the Australian Open womens vinyl has turned into a humdinger. The stakes are turned into a humdinger. The stakes a re really turned into a humdinger. The stakes are really high for both players, simona halep and caroline wozniacki. They are both trying to win their first grand slam title. This was wozniacki in the first set, winning ona wozniacki in the first set, winning on a tie break, which shows how close that was. But after another really closely ha rd foug ht close that was. But after another really closely hard fought second set, this happened in the last few moments. Simona halep has levelled the match and won that by 6 3. It is 11 at the match and won that by 6 3. It is 1 1 at the moment, just about to start the deciding set. The heat is really intense. Very hot and humid. There might be a break of ten minutes or so before that final set. Live commentary of that womens final on bbc radio 5 live sports extra and the bbc sport website. Highlights on bbc one from 1 15 this afternoon. Ben stokes has been snapped up this morning for £1. A million, in the auction of players for the indian premier league. Hes been bought by the Rajasthan Royals. Thats despite facing a charge for affray, after an incident outside a nightclub in bristol. The all rounder was the most valuable player of the 20 20 tournament last year. Stokes is the joint most expensive of the overseas players. Here are the other english players whove been bought so far. Chris woakes has fetched £820,000 from royal challengers bangalore. Wicketkeeperjos buttlerjoins stokes at Rajasthan Royals forjust under a90,000. Moeen ali, who has had a poor winter for england, will be with fellow all rounder woakes at royal challengers bangalore. He cost them £187,000. And jason roy, who hit the highest ever odi score for england earlier this month, went to delhi daredevils for £165,000. Test captainjoe root is one who so far remains unsold. Now we are talking about the fa cup, and alexis sanchez, the most expensive player in terms of wages in premier League History has shown he is worth the money as he ran the show against yeovil. He set up marcus rashford, bursting through to open the scoring for manchester united. Sanchez, on paper, is worth 18 yeovil towns in terms of wages each year. Romelu lukaku made it a o late on. I tell you what, he had to put up with some rough and tumble. Taken out put up with some rough and tumble. Ta ken out by put up with some rough and tumble. Taken out by a yeovil player. Boos from the crowd as well. But he walked away with a man of the match award, arranged by the sponsors. What did his manager think . He will also bring us this extra maturity and class. We are pleased with him and class. We are pleased with him and he was keen to play. We knew that was going to be difficult. We knew that it was going to be not an easy one for him. I am happy with his performance. Plenty more fa cup matches today, you can follow them on the website. Rory mcilroy leads the dubai desert classic as he starts his third round. The world number 11 finished a fog delayed second round on saturday with five birdies in his last seven holes. And hesjust birdied the second hole of his third round to move to 16 under three shots clear of the field. I mentioned the bbc sport websi

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