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15:25 GMT, Tuesday, 24 June 2008 16:25 UK

New Year killers' 'appeal' fear

Charlene Ellis (l) and Letisha Shakespeare

The aunt of one of two girls murdered at a New Year party in Birmingham has said it will be her worst nightmare if their killers are granted an appeal.

She spoke out after a recent ruling over the use of anonymous witnesses led to solicitors for three of the four convicted men saying they may appeal.

On Tuesday, a murder trial was halted after Law Lords ruled defendants should know the identity of those testifying.

An anonymous witness was used for the first time in the four mens' trial.

'Common sense'

Charlene Ellis, 18, and Letisha Shakespeare, 17, were killed when a sub-machine gun was fired from a car outside the Uniseven hair salon in Aston, Birmingham, on 2 January 2003.

Letitia's aunt, Sandra Shakespeare, told the BBC the families realised the four men may "jump on the bandwagon".

She said: "We've just got to hope that common sense prevails and also justice prevails because, more importantly we cannot have those murderers back on the street.

"It's our worst nightmare happening again.

"We cannot expect a witness to go on the stand and say, with no protection for themselves or their families, 'I saw that person commit that crime'."

THE CONVICTED MEN AND AGES AT TIME OF CONVICTION


Home Secretary Jacquie Smith said she did not see any legal problems with anonymous evidence and that she had spoken to the mothers of Letitia Shakespeare and Charlene Ellis.

"It was completely clear to me that, given the reign of terror they were living under, in order for someone to come forward this was required to ensure their families were not targeted," she said.

She said she shared the frustration expressed by the police and added she and judges were concerned to have a system where defendants' rights were protected but the rights of people to be able to take part in a trial were also protected.

'Strong judgement'

Last week, a solicitor for two of the men, Marcus Ellis and Rodrigo Simms, said he would be asking the Criminal Cases Review Commission to refer the case to the Court of Appeal "as a matter of urgency."

On Tuesday, a solicitor for a third man, Nathan Martin, said he anticipated he would be doing the same.

Nicholas Roy, of Jonas Roy Bloom Solicitors, said the application has not yet been submitted but he anticipated he would shortly receive instructions.

"I think the decision of the House of Lords in the case of Davis, in the use of anonymous witnesses is a very strong judgment in support of the rule of law and the principles of common law," he said.

Last week, Law Lords ruled a man convicted of a gun killing on the basis of evidence given by anonymous witnesses did not receive a fair trial.

Ian Davis was jailed in 2004 for murdering two men at a New Year's Eve party in Hackney, London, after three witnesses said he was the gunman.

Davis can now appeal against his conviction.




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Related to this story:
Witness ruling halts murder trial (24 Jun 08 |  UK )
Anonymous evidence ruled unfair (18 Jun 08 |  UK )
Aston shooting four denied appeal (08 Jun 06 |  West Midlands )

RELATED INTERNET LINKS
Criminal Cases Review Commission
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