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Almost 50 court cases dropped in six weeks because of issues with disclosure, CPS reveals

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Almost 50 court cases dropped in six weeks because of issues with disclosure, CPS reveals

Assistant Chief Constable Stuart Prior, Disclosure Lead for the National Police Chiefs Council (NPCC), said: “We’ve got to realise that this is about real people.

“Whether that is a person reporting a matter to us, whether it be a person as a witness, or whether it be somebody accused of an offence. That’s incredibly traumatic, whatever aspect you look at.

“We’ve got to get disclosure right. We cannot allow mistakes to impact so greatly on people’s lives as has been played out in the media over the past few months.

“Our whole criminal justice system is based on fairness – fairness of investigations, fair trials and we have to strive and provide that for all the people who come into the criminal justice system. We have got it wrong in too many cases.”

In December and January a string of rape cases collapsed when it emerged that vital evidence had not been passed to defence lawyers.

The trial of Liam Allan was halted at Croydon Crown Court on December 14, and the prosecution of Isaac Itiary collapsed at Inner London Crown Court a few days later.

The following month the case against Samson Makele, 28, was halted at Snaresbrook Crown Court after his defence team unearthed key images from his mobile phone which had not previously been made available.

And Oxford student Oliver Mears, who had spent two years on bail, had the case against him dropped days before he was due to go on trial.

This sparked a national review by prosecutors of all live rape and serious sexual assault cases to see how many were affected by the same issues.

Gregor McGill, CPS director of legal services, refused to say if any lawyers are facing disciplinary action over the stopped cases, while Mr Prior said for officers or police staff it would be a matter for individual forces.

When asked about potential compensation claims, Mr McGill said “Just because a case has been stopped doesn’t necessarily mean that anyone is at fault”.

Director of Public Prosecutions Alison Saunders, Chief Constable Nick Ephgrave from the NPCC and Chief Executive of the College of Policing Mike Cunningham are due to give evidence to the Commons Justice Select Committee on Tuesday.

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Health

Gosport nurses first raised alarm over use of painkillers 30 years ago

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Gosport nurses first raised alarm over use of painkillers 30 years ago

Their attempts to raise the alarm where described by Michael Taylor, the former Chief Executive of Oxfordshire Health Authority, in a 2003 report commissioned by local health authorities and published by the Gosport Independent Panel last week.

Mr Taylor found that nurses working in the Redclyffe Annexe began raising their concerns about the use of diamorphine around the same time that Dr Barton started work at the hospital, telling their union, the Royal College of Nursing (RCN) about the problem.

Mr Taylor described the attitude of the hospital’s management team as initially one of “inertia” which then became one of “expecting those staff raising a professional concern to prove that a problem existed.”

The RCN made little progress in resolving the issue with hospital managers and in 1991 it asked Mrs Evans to launch an investigation into the matter.

In a memo to staff on 7 November 1991 Mrs. Evans stated that she was “concerned about these allegations” over the appropriateness of prescribing diamorphine and she urged nurses to identify “the names of any patients that they feel diamorphine (or any other drug) has been prescribed inappropriately”.

However Mr Taylor said the tone of Mrs Evans’s instructions was likely to have had the effect of silencing “relatively junior nurses” rather than encouraging them to come forward.

He concluded: “The failure to follow-up the expression of concerns made by nursing staff about prescribing practice in Redclyffe Annexe from 1988 was a negligent act by the Unit Management Team.

“It is unrealistic to accept that senior managers of the Unit Management Team were unaware of the concerns about prescribing practice.”

Mr Taylor concluded that the “main managerial responsibility for inaction following formal correspondence in 1991 appears to lie with Mr Horne, Mr Hooper, Mrs Evans and Mr Millett”.

He said: “Managers seem to have placed too much reliance on the unwillingness of junior nurses to speak out in front of GPs . . . to justify any further action. If correct, this was both a naive and wholly wrong conclusion by the managers named above.”

Mrs Evans, who is now aged 78 and left Gosport War Memorial Hospital in 1996, refused to comment when approached at her home in Fareham, Hampshire.

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Patients should be charged for GP and hospital visits to fund NHS, leading doctors say

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Patients should be charged for GP and hospital visits to fund NHS, leading doctors say

Similar motions are proposed by committees from Buckinghamshire, Scunthorpe and Worcestershire and Herefordshire, which said “denial of NHS healthcare is now so endemic, that it has become regrettably necessary to consider co-payments for NHS clinical services to re-establish adequate provision”.

Cancer specialist Prof Karol Sikora said he was strongly in favour of co-payments, saying they encouraged people to take more responsibility for their health. 

“Every other aspect of life you pay for – whether it’s your holiday, your home, your car or whether or not your children go to private school,” he said.

Prof Sikora said the NHS should still provide a decent standard of care for free, with top-ups used to speed access for operations, GP appointments and expensive drugs.

“We have always talked about this but Governments of both left and right have avoided it because they thought they would lose votes. I don’t think they will,” he said. 

“I hope the BMA votes in favour of this,” said Prof Sikora, Dean of Buckinghamshire Medical School.

“They voted against the NHS at the start – they’re not all communists.”

But Dr Richard Vautrey, chairman of the BMA’s GP committee, said he did not believe most of the union’s members would support the move.

“I would be very surprised if it is passed but the BMA is a democratic organisation and we will discuss the arguments,” he said.

“This is an issue that has come up before and it is something we debate but the consensus has always been that the best way to fund the NHS is through general taxation.

“Clearly when there is a lack of investment as we have seen people are going to start looking round for alternatives,” the GP added.

Rachel Power, chief executive of the Patients Association said charges were not the way forward. 

“Funding the NHS through taxation spreads the risk of ill health across the population, and means that everyone can access care when they need it. “Charges, by contrast, would lead to well-off patients spending more on their care, and less well-off people being excluded, and suffering worse health as a result – it’s both inequitable and inefficient,” she said.

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Dame Vera Lynn breaks link with D-Day concert organisers after backlash

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Dame Vera Lynn breaks link with D-Day concert organisers after backlash

Such was the strength of feeling conveyed on social media that organisers eventually blocked any further comment about the concert on their Facebook page.

Nigel Hay wrote: “My great uncle, Sir Maurice Holmes, came ashore on Juno Beach on D Day where he was Beachmaster – I am absolutely certain he would have given you your marching orders in no uncertain terms.

“The 75th anniversary of Normandy is a commemoration. It is not a party, nor a circus. This beach is a totally inappropriate venue to hold a pop concert. People will wish to visit Sword, amongst other beaches, that day to quietly reflect and to honour the men who fought their way in.”

Sal Williams-Larby said: You are disrespecting my grandfather and every other veteran that lost their lives fighting for your freedom on that very spot.”

And Jean Ellwood pointed out that many families have scattered the ashes of their fathers and grandfathers there.

“The Normandy beaches are a battlefield where many thousands of soldiers died,” she wrote.

“There are human remains that still lie buried there. Would you hold a concert in a cemetery? It is a sacred area, and a total desecration to hold a concert there.”

A statement released on behalf of Dame Vera noted that she was “always keen to support charitable endeavours, especially those that benefit veterans.”

It added: “When she gave her written support to the Liberty Concert last October, the precise venues, dates and types of performances were unknown.   

“As Michiel Florusse the organiser himself suggested, Dame Vera’s name will be removed from the Board until the organisers have, not only spoken to the various veteran organisations and the veterans themselves on July 21, but also have had a meeting with Dame Vera to clarify the situation.’

“Those of us old enough to remember the D-Day Landings and the generations that followed us, owe our freedom to the servicemen who fought so bravely, and the thousands who gave their lives in Normandy. They will be  remembered forever.”

Mr Florusse told the Telegraph that there were currently no plans to change the date or the location of the concert and that they hoped to reassure those opposed to the event at the public meeting on July 21.

Liberty Concerts said online: “We sincerely believe that a respectful use of symbolic historic moments and places provide a chance to come in the hearts of the youth and the media on a meaningful and effective way.”

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