An old problem
The problem of witness intimidation is as old as justice itself. However, in a judgment last week which of a £6 million murder trial, the Law Lords explained that the principle that a defendant should be confronted by his accusers to cross-examine and challenge originates in ancient Rome and remains a principle of English law today.
I thought you might like to see how one of the judges, Lord Rodger of Earlsferry put the issue in an historical context.
My Lords, When Cicero was intent on prosecuting Verres for his reign of terror in Sicily, highly-placed henchmen of Verres threatened "the fearful and oppressed Sicilian witnesses" with dire consequences if they gave evidence against him. Two thousand years later, still in Sicily, prosecutions of Mafia bosses have been bedevilled by the prevailing atmosphere of intimidation, with its insidious counterpart, the code of silence, omertà . The same goes for prosecutions of Camorra clan members in Campania and drug traffickers in Colombia. Hollywood has made everyone familiar with the problem of witness intimidation in the United States, whether today or in former times. For many years the wall of silence in London's East End frustrated attempts to prosecute the Kray Twins, until they were taken into custody in 1968 and people felt able to come forward to give evidence. In 1996 worries about the effects of witness intimidation led Strathclyde Police to introduce a Witness Protection Programme.
So what do people think about this issue today - particularly in light of the increasing number of gang-related prosecutions that rely on evidence from anonymous witnesses?
I am sure that many will recognise that some of the most vicious criminals can escape justice by threatening those who might give evidence against them.
But the Law Lords do have a point, don't they? If you are standing in the dock accused of murder, it is surely just that you can challenge those who threaten your liberty.
The government promises possible emergency legislation within days to allow anonymous evidence.
As ever, I'd be grateful for your thoughts.
I'm 
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