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Misc arriages of Justic e The Birmingham pub-bombs
1
The Birmingha m pub -b ombs
Peo ple in the c ase
Paddy Hill
Ge rry Hunte r
Ric hard (Dic k) Mc Ilkenny
William PowerJohn Walker
Hugh Ca llag han
jointly cha rged with
Birmingham pub-bom bings
Mr Justic e Bridge judge
James McDadeIRA a c tivist, killed on 14
Novem ber 1974
Harry Skinner QC prosec uting c ounsel
Micha el MurrayMicha el Sheehan
Jam es Kelly (Woods)
jointly cha rged withexplosives offences
Dr Frank SkuseHome Office forensic
sc ientist
Dr Hugh Blac k defenc e forensic c onsultant
Doug las Higgs
Dona ld Lidstone
Home Office forensic
scientists
Dr Arthur Harwo od doc tor at Winson Greenprison (Bham)
Thomas Watt
Hilda Wickettp rosec ution witnesses
Julia Vinesba rma id at New Street
station
David O wenassistant chief constable of
Linc olnshire
Dr David Paul defence witness a t p risonoffic ers tria l
Mr Justic e Swa nwic k jud ge at prison offic ers tria l
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Misc arriages of Justic e The Birmingham pub-bombs
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should be stop ped .
The impression g iven b y tho se fina l
sentences is that Denning is not certainexactly whyhe is striking out the claim. It
might be on some grounds; or it might
be on others. Whatever the ostensible
reason, however, the actual reason
seem s to b e tha t the c onseq uenc es for
the English legal system would be so
tremendous that the courts must shrink
from them irrespe c tive o f whe ther or not
the men's cause is just. 'An appalling
vista' it may be; but if it is a landscape
that must be surveyed, then the law
must survey it. Not to do so brings into
foc us an even m ore ap palling vista .
Ultimately, the judgment is
intellec tua lly d ishonest. For all its erud ite
consideration of past issues of estoppel,
it is seemingly based on gut emotion,not fine lega l ana lysis.
Lord Justice Goff parted company
with Denning, saying he 'could not
agree that the judgment of Mr Justice
Bridge alone created an issue of
estoppel sufficient to bar the plaintiffs'
claims', though Goff did uphold thepolice case on other grounds. His
dissenting legal interpretation was read
out on his beha lf by Sir Ge orge Baker,
for Lord Justice Go ff had been sudde nly
taken ill. It fell to Denning , at the end of
the appeal, to announce his death.
Denning concluded his judgment by
saying that 'the cases showed what a
civilised country we were': through the
fac ility of leg al aid, we ha d a llowed thesix Irishmen a generous crack of the
jud ic ia l whip.
I beg leave to differ, Your Lordship.
The c ases show ed wha t a wicked ,
wicked c ountry we ca n be.