Witness Anonymity

TL;DR

An examination of the contentious issue of anonymity and screening in inquests, exploring the competing interests of open justice and the need for protective measures in cases of state-related killings.

Transcript

• "I want to look into the eyes of my son's killer and know his name." "The dead cannot cry out for justice. It's the duty of the living to do so for them." Lois McMaster Bujold, writer. Thank you for joining me for the last lecture in this series on Death, Human Rights and the State. I want to introduce you to our fictional mother. Let's call her ... Read More

Key Insights

• 👨‍⚖️ Open justice is a long-standing principle in English courts, ensuring transparency, accountability, and trust in the justice system.
• 🤗 Anonymity and screening may be sought by state agents to protect themselves, but their use should be balanced against the principles of open justice and the rights of bereaved families.
• 🥹 Seeing witnesses give evidence in an inquest is crucial for families to trust the investigation, hold the state accountable, and engage in the healing process.
• 👪 Coroners have a responsibility to thoroughly consider the justifications for anonymity and screening, and to avoid excluding bereaved families from participating meaningfully in the inquest.

Questions & Answers

Q: What is open justice and why is it important?

Open justice refers to the fundamental principle that court proceedings are held in public, allowing for transparency, accountability, and trust in the justice system. It ensures that the identities of parties and witnesses are public and that the evidence is heard and reported on by the press.

Q: Why do some state agents, like police officers, seek anonymity and screening during inquests?

State agents may wish to hide their identities and give evidence behind screens to protect themselves from potential harm or reprisals. They may also want to safeguard sensitive investigative techniques or personal information, or shield themselves from public scrutiny or embarrassment.

Q: What are the benefits of seeing witnesses give evidence in an inquest?

Seeing witnesses give evidence allows families to secure trust in the investigation, assess witness credibility, hold the state accountable, and contribute to the therapeutic healing process. It helps families understand the circumstances of a loved one's death and ensures transparency.

Q: How should coroners decide whether to order protective measures?

Coroners must consider the principles of open justice, the rights of the press and the public, and the interests of the bereaved families. They should scrutinize the applications for anonymity and screening and choose the least restrictive option while balancing the competing interests.

Summary & Key Takeaways

• The lecture addresses the case of Sally Rose, a single mother whose son is killed during a police operation, leading to an investigation and an inquest.

• The lecture explores the principles of open justice in English courts and the importance of public proceedings and transparency.

• It delves into the reasons why state agents, such as police officers, may seek anonymity and screening during inquests, and the impact it has on families, media, and the wider public.