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18:48 GMT, Tuesday, 8 July 2008 19:48 UK

Retrial in anonymous witness case

Iain Davis

A man whose double murder conviction sparked a legal row over granting anonymity to witnesses must face a retrial, the Court of Appeal has ruled.

Iain Davis was jailed for killing two men in Hackney, east London, after three witnesses said he was the gunman.

But Law Lords ruled that his trial was unfair as the witnesses were anonymous.

Three appeal judges quashed Davis's convictions on Tuesday and directed that he should be retried. He will remain in custody until his retrial.

In the Court of Appeal Malcolm Swift QC, for Mr Davis, argued that to order a retrial would give a "stamp of approval to a severe and grave manipulation of the trial process".

But for the Crown Michael Worsley QC said that in some cases witnesses were in "real fear and terror" of retribution.

Emergency legislation

Mr Davis was convicted of killing of two men in a shooting at a flat in Hackney on New Year's Day 2002.

He was jailed for life at his trial in 2004.

But earlier this month the Law Lords ruled that no conviction "should be based solely or to a decisive extent upon the statements and testimony of anonymous witnesses".

The government discussed emergency legislation to counteract the Law Lords' ruling in the House of Commons on Tuesday.



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