Shooting of Abdulkarim Boudiaf

Naz Shah Excerpts

Monday 11th December 2017 Commons Chamber

[Mr Lammy]

The hon. Gentleman is absolutely right. It is important that, when we offer incentives to the public to come forward, the sum involved is appropriate and the right amount to draw attention to the crime and to bring people out of the woodwork. The threshold in these sorts of cases is so high.

The perpetrators of this crime are walking free—free from conviction for this serious offence, free from justice, free from having to face up to their crimes and free to live under the pretence of being just another ordinary citizen in society. Karim’s family are not free. They cannot find any peace. They cannot find closure. They cannot live their lives with this injustice hanging over them.

Karim was out with a crowd of friends in the vicinity of a busy pub on a Saturday night. There were numerous witnesses who saw what happened to him, and some of them gave evidence, but their testimony was undermined during the investigation into his death. The Metropolitan police and the Crown Prosecution Service brought charges against two men, Asher Vance and Jack Johnson. However, the defendants were acquitted during a trial heard at the Old Bailey in 2009, much to the family’s disgust. The family’s grief was further compounded when they heard that any further prosecutions involving the only defendants charged with the murder of Karim could take place only if new and compelling evidence was brought to light in accordance with double jeopardy legislation.

Since the prosecutions failed, I have been raising questions about the relationship between double jeopardy and prosecution appeals. Was the original investigation robust and watertight? Were any stones left unturned? Why did the prosecution fail? Why was the murder weapon never found? Why was a motive never established? Is there anything that the police and Crown Prosecution Service could have done differently?

During the trial, Karim’s mother shared her anguish with the public through the recital of poetry. It is heartbreaking to have to say that the family felt that their ethnic background and Muslim faith was held against them, and that they felt marginalised throughout the process. I am no stranger to the issues of how race and ethnicity interact with our criminal justice system, having published a review into this subject area for the Prime Minister in September. The Boudiafs are a proud, loving family of Algerian descent, who have close ties to the Algerian community in my constituency and across London. It is a cause of real concern that any family would feel that their race, ethnicity and religion could influence and play a factor in whether the person responsible for a murder is brought to justice. Unfortunately, this is very much the situation that the Boudiaf family are faced with. Karim’s mother in particular has always felt that her Algerian background resulted in conscious and unconscious bias in the course of police investigations, which in turn contributed to a failure to secure a conviction at trial.

Social divisions, racial inequality and the disproportionate representation of individuals from black, Asian and minority ethnic backgrounds as the victims of crime are issues we have seen highlighted time and again in criminal cases. Notably, all these issues were deeply rooted in one of the most high-profile cases in criminal history in the UK: the murder of Stephen Lawrence in 1993, and the subsequent miscarriage of justice that saw his case overlooked for 19 years.

Changes to the application of the rule of double jeopardy followed shortly after recommendations in the Macpherson report, published in 1999. Amendments to sections 75 to 97 in part 10 of the Criminal Justice Act 2003 permit retrials where new and compelling evidence is brought against the acquitted. Those changes mean that acquittals can be quashed, and that qualifying and serious cases can be retried in the interests of, and in pursuit of, justice. However, it took 19 long years before significant failings were recognised. It was 19 years before substantial changes were made to the application of the double jeopardy rule. Ultimately, it took 19 years too long before only two successful convictions were secured under revisions to the doctrine of double jeopardy. How long will the Boudiaf family have to wait before justice is duly served and they can find some semblance of peace?

Following my interventions, the police launched a fresh appeal in 2015 for more information about the murder. To the family, the police efforts felt cursory. I understand that it is still an open case, but no active investigation is being undertaken at this point. For there to be an active investigation, the Homicide and Serious Crime Command would need to review the case. I am calling for a review and an active investigation as we approach the 10th anniversary of Karim’s death.

Against a backdrop of austerity and spending cuts since 2010, I am also concerned that police services lack the resources they need to actively investigate open cases—even in a brutal murder case such as this. The Met is already having to find £1 billion of cuts, which has led to the loss of 2,800 staff and the closure of police stations across the capital in recent years.

[Naz Shah (Bradford West) (Lab)]

The Macpherson report will be 20 years old next year, and does my right hon. Friend share my concern that we still do not have the diversity in the workforce, particularly in the police, that we need so that communities are represented?

[Mr Lammy]

My hon. Friend is quite right that part of this story is about ensuring that Britain’s ethnic diversity is replicated across the criminal justice system at all levels. There has been some small progress in the Met police but, as my review found, we need to see diversity among the judiciary and our prison officers if we are to ensure that ethnic minority communities have faith and trust in our criminal justice system.

I am grateful to the Solicitor General for being here today to listen to and understand the feelings of the family. I am also grateful for his offer of a meeting with the family, senior representatives from the Crown Prosecution Service and the police, and I will take up that offer following this debate.

Karim was somebody’s son, brother and friend. As the family’s MP, I am not only calling for justice but representing them and ensuring that their voices, which have been silenced throughout the intervening years since the trial, are finally heard today in our Parliament. Karim’s family have not received adequate support from the state. They inform me that they continue to feel undermined and ignored to this day. Instead, they rely on the kindness of individuals in the Muslim community, in which they feel understood and supported.

This year marks the eighth year since Karim’s death, and his family’s determination to get justice for their son remains unwavering. Over the years, the family have repeatedly posed the same questions relating to the police’s failure to build a strong case to prosecute, the failure of the prosecution in court and the shortcomings of reporting methods and communication between the state and the bereaved family following the trial. The family, who are still reeling from the death, have said that they were not aware of any right to review the decision made by the CPS not to bring any further charges against the main defendant in the form of a retrial. The family were not made aware of the victim’s right to review and believed that any appeals would cost them financially. If they had been told, they would have submitted an appeal within the time limit, which is between five working days and three months following the CPS decision.

Clearly, this is an exceptional and alarming case. I would like reassurances from the Solicitor General today that if the family were to proceed with a review request, their submission would be treated and assessed under exceptional circumstances. What is more, the family are no clearer on who actually discharged the firearm that killed Karim, why witness intimidation was not taken more seriously, why special measures were not put in place to protect witnesses in the case, and whether there was forensic evidence that would have provided new leads and evidence for the investigation. The same questions that they posed almost a decade ago remain unanswered. In an all too familiar and tragic tale when it comes to victims of violent crime from black, Asian and minority ethnic backgrounds, the lack of communication and information about Karim’s case have caused the family to lose confidence and trust in our criminal justice system. Since Karim’s death, I have supported the family and witnessed at first hand the agony and trauma that they face and battle with on a daily basis. It pains me every time I meet the family to see the looks of despair and the glimmer of hope that has been dashed. Many who know the family believe that there is sufficient and compelling evidence that could lead to a conviction. They feel that, regrettably, the scope of the police investigation was limited. The thought of having no right of appeal and no retrial is unthinkable for them.

Although of course I appreciate the principle of double jeopardy, I am concerned that the rule is fundamentally flawed. It is for that reason that I call on the Government to look again at the rule. It is time for the Government to review how it operates in practice and whether it is working as it was designed, or whether in fact it is actually preventing miscarriages from being overturned, resulting in guilty individuals avoiding justice.

The Government must also consider how circumstances such as witness intimidation and shortcomings on the part of the police and the Crown Prosecution Service can be taken into account so that justice is served. It is, of course, right and proper that the law must safeguard against miscarriages of justice. Currently, to obtain a prosecution appeal against an acquittal, we have a strict and narrow application of the double jeopardy rule that uses a high evidential threshold to test for qualifying offences.

I believe the current legislation is inflexible and does not reflect modern conditions and scientific advances. The original trial must be fit for purpose, watertight and leave no stone unturned if the double jeopardy rule is to work properly and if we are to avoid miscarriages of justice like we see in this case. Recent evidence suggests that the scope for retrials of acquitted individuals under the legislation is too narrow.

The criminal law review published in 2014 confirmed that only 13 applications for retrial were made to the Court of Appeal under the provisions of the double jeopardy rule. Of those 13 applications, nine resulted in retrials. The defendants in seven of those cases were retried and convicted, with two defendants convicted on a guilty plea. Just one case led to acquittal. That evidence highlights clearly how restrictive the double jeopardy rule is.

In the case of Abdulkarim Boudiaf, there is still a long way to go until we can reasonably conclude that justice has been done. Those responsible for his murder are protected by this rule, so it logically follows that the tragic circumstances of this case call into question the fairness of the double jeopardy rule. The law must serve the interests of the victim, of the victim’s family, of the public and, most of all, of justice. In 2019 it will be 10 years since Karim was murdered. The case remains open.