Lucy Letby’s Trial Strategy Under the Spotlight, Why the Chinese Spy Case Collapsed, and Meta’s New Low

With Parliament in recess till mid-October, Ken Macdonald KC and Tim Owen KC reflect on a number of issues which have dominated the headlines over the past week.  

 

After a brief apology from Tim for misquoting in last week’s episode Lord Hermer’s evidence to the House of Lords Constitution Committee on the issue of reform of the European Convention on Human Rights (ECHR), Ken and Tim discuss what may lie behind the Director of Public Prosecutions’ (DPP) decision suddenly to drop serious charges of spying for China contrary to the Official Secrets Act 1911 against Christopher Berry and Christopher Cash only a few weeks before they were due to stand trial at the Old Bailey – was it because of the legal difficulty in proving that China was an “enemy” State?  Or, more likely, was it because the DPP concluded that his duty of disclosure to secure a fair trial meant he had to disclose material which the Security Services were unwilling to reveal for reasons of national security?  

 

They then debate the interview with Dr Mike Hall on The Trial of Lucy Letby Podcast conducted by Daily Mail journalists Liz Hull and Caroline Cheetham – instructed by Lucy Letby’s defence team as an expert in neonatal medicine, Dr Hall attended every day of Letby’s 10 month trial but was ultimately not called as a defence witness for what he concludes were “tactical reasons”.  He attacks what he calls “the game of law” which meant, in his view, that the jury were deprived of crucial alternative expert evidence which may have undermined the prosecution’s medical case on causation.  Ken then lays into the extraordinary behaviour of tech behemoth Meta in defending its use of back-to school pictures of schoolgirls as young as 13 to promote its Threads site as “bait” to attract adult male followers.   

 

The duo conclude with a less than complimentary review of an article in the Daily Telegraph by former Tory Attorney General Sir Michael Ellis KC where he sets out his 10 ways to save the UK from the road to ruin.  Is Ellis simply a fool to be ignored or should his ideas be taken seriously as yet another indication of the rise of radical right-wing populism? 

 

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Covering the critical intersections of politics and law in the UK with expert commentary on high-profile legal cases, political controversies, prisons and sentencing, human rights law, current political events and the shifting landscape of justice and democracy. With in-depth discussions and influential guests, Double Jeopardy is the podcast that uncovers the forces shaping Britain’s legal and political future.  

What happens when politics and law collide? How do politics shape the law - and when does the law push back? What happens when judicial independence is tested, human rights come under attack, or freedom of expression is challenged? And who really holds power in Britain’s legal and political system?  Get answers to questions like these weekly on Wednesdays.  

 

Double Jeopardy is presented by Ken Macdonald KC, former Director of Public Prosecutions, and Tim Owen KC, as they break down the legal and political issues in Britain. From high-profile legal cases to the evolving state of British democracy, Double Jeopardy offers expert legal commentary on the most pressing topics in UK law, politics, and human rights.  

Ken Macdonald KC served as Director of Public Prosecutions from 2003-2008, shaping modern prosecutorial policy and advocating for the rule of law. He is a former Warden of Wadham College, Oxford, a crossbench member of the House of Lords, and a leading writer, commentator and broadcaster on politics and the rule of law.  

Tim Owen KC has been involved in many of the most significant public, criminal and human rights law cases over the past four decades.   

Both bring unparalleled experience from the frontline of Britain's legal and political landscape.  

 

If you like The Rest Is Politics, Talking Politics, Law Pod UK and Today in Focus, you’ll love Double Jeopardy.