Friday, 24 June 2011

Bellfield's Conviction

Levi Bellfield is probably as guilty as sin. However, in light of the many cases that have been celebrated only to be found unsafe years later, perhaps we shouldn't be too eager to celebrate the outcome of this trial. As a layman, there seems much about it that should give us pause. Perhaps this criminal will not change his mind and plead innocence requesting a retrial, not least because he has been convicted of several other murders for which he is serving long sentences. Nevertheless, there are aspects about the process that should leave us with an uncomfortable feeling.

First, there is no forensic evidence linking him to Milly. I understand that even the cause of death cannot be properly ascertained and none of the clothes or bed linen has been examined. It seems incredible that the car in which it is supposed he removed the body has never been found. So that has not been forensically examined either. It was seen on CCTV 22 minutes after Milly was last seen at Walton Station. From the images nothing could be deduced about who was in the car and as it was a side view, we may not be certain that it was his car.

For many years, the Police had no line of investigation. Following Bellfield's arrest on other murder charges, they began to consider the possibility of him being Milly's killer. They had only circumstantial evidence. The danger with this is that it starts to create a 'group think' situation. The longer the investigation continued, the more co-incidences could gain credibility until they became accepted as fact. One danger of this is that real pieces of evidence may be missed because they do not fit the pattern. This situation was encouraged by Bellfield's refusal to make any statement or answer any questions. Because so much time had elapsed and none of the crucial evidence had been found, the circumstantial evidence became more compelling.

In our adversarial court system, it is important for the defence to be robust. No doubt Counsel for the defence did what could be done, but with the defendant silent, that was limited. The Jury, on the other hand, who were aware of Bellfield's convictions, would have found his silence and the prosecution evidence damming. They will have been motivated by a desire to 'do the right thing'; to make sure he didn't get away with it. They undoubtedly felt a pressure to help the victim's family whose raw emotions had been seen in court. In these circumstances, it is not surprising that they reached a unanimous guilty verdict.

We often hear the claim that people cannot 'reach closure' without a body being found or a person being convicted. This is a recent phenomenon. It may stem from our much more visual age, being accustomed as we are to seeing everything almost immediately. However, it probably creates stresses that may not have existed so strongly in the past. The Police are under considerable pressure to clear historical cases. Juries may also be unconsciously affected.

There is a strong desire in society for punishment and sometimes for revenge. When complex issues go wrong, almost the first question asked is, 'who is to blame?'. This is now deep-seated in our culture and gives rise to the deeply unattractive culture of seeking financial recompense where no financial loss has occurred. It also leads to huge prison populations as we seek to punish and remove those who threaten our security. Milly's family now have a person to focus their loathing on. Let's hope it is the right person.

More important, I hope that Milly's family and friends may learn to forgive whoever killed Milly and so begin to heal the tremendous hurt they have suffered.

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