HC Deb 23 May 1994 vol 244 c13
29. Mr. Mullin

To ask the Attorney-General if he will make a statement on the decision of the Crown Prosecution Service not to call the former PC Giles as a witness in respect of the prosecution of Malcolm Kennedy.

The Attorney-General (Sir Nicholas Lyell)

Day-to-day decisions on the conduct of cases are matters for the independent prosecuting authorities and prosecution counsel.

Mr. Mullin

Does the Attorney-General recall that when the Lord Chief Justice quashed Mr. Kennedy's conviction, he said that all the new evidence should be put before a new jury? Why, then, did the Crown Prosecution Service go to such lengths to keep the evidence of PC Giles from the jury? Is the Attorney-General aware that there is a widespread feeling among those who take an interest in those matters that a serious miscarriage of justice has occurred in this case?

The Attorney-General

The hon. Gentleman should remember that those are matters for the independent courts. The issue was fully canvassed before the court and ruled on by the judge. The defendant's advisers will, no doubt, be considering whether to take the matter further on appeal.