Lord Janner WILL appear in court tomorrow to face child sex abuse charges after his lawyers lost their bid to stop him attending
- Peer is accused of 22 child sex abuse charges between 1960s and 1980s
- He has always denied wrongdoing and says he is too ill to attend court
- Judges today ruled demands of public justice outweigh his human rights
Lawyers for Lord Janner have lost a High Court bid to prevent him having to attend court tomorrow to face child abuse charges
Lord
Janner is due to appear before a court to face child abuse charges
tomorrow after his lawyers lost a High Court bid to prevent him having
to attend.
The
former Labour peer and MP was ordered to appear at Westminster
Magistrates' Court in London in relation to 22 charges spanning a period
from the 1960s to the 1980s.
His
legal team says that the 87-year-old is suffering from dementia, and
forcing him to attend court in person is unlawful and violates his human
rights.
They wanted tomorrow's hearing halted to give him time to seek judicial review of the decision that he must attend.
But
they have lost that legal bid, meaning Janner will have to appear
before the court in central London unless an appeal can be mounted in
the meantime.
Lady
Justice Rafferty, sitting with Mr Justice Irwin, said the court had
'unhesitatingly concluded' that the balance between the human rights of
Lord Janner and 'the public interest in public justice' came down in
favour of Janner's attendance in court for the brief period required by
the law.
Janner's lawyer Paul Ozin had argued it was 'barbaric, inhumane and uncivilised' to expose the peer to a court appearance.
Mr
Ozin said there is no dispute that Janner is suffering from such severe
dementia that he will inevitably found unfit to plead.
The
court heard he is a frail and elderly man who is prone to suffer a
'catastrophic reaction' and likely irritability and anger if he attends
court.
'It
can be properly be said that it is barbaric, inhumane and uncivilised to
expose a very vulnerable person to the experience... Especially when it
is wholly unnecessary and serves no logical purpose,' said Mr Ozin.
'We go as far as to say no civilised society should tolerate an approach of that kind.'
Last seen: Lord Janner pictured
outside his house in London in 2014. It is said he now needs round the
clock care as he suffers from advanced dementia
But despite his pleas, Lady Justice Rafferty and Mr Justice Irwin refused the application.
Lady
Justice Rafferty said: 'There has been quite enough sadness, misery and
delay attached to all this and so I'm confident parties will read the
mood of the court.'
It is barbaric, inhumane and uncivilised to expose a very vulnerable person to the experience
Lawyer Paul Ozin on why the Lord Janner, 87, should not attend court
Janner, a QC, is charged with sex attacks on vulnerable young boys at a children's home in his constituency.
At
the height of his alleged crimes, Janner is accused of abusing three
victims in a month. Other charges reveal he is accused of preying
repeatedly on the same boys over months and even years.
The peer is expected to be committed for trial at Southwark Crown Court where a judge will then decide if he is fit to plead.
If
he is not, a jury would decide whether he committed the acts based on
prosecution evidence. A defence team would test the case but this would
be incomplete as the politician could not instruct them or speak on his
behalf.
Director of Public Prosecutions Alison Saunders came under fire for the original decision not to prosecute
If
the jury were satisfied that the acts were done, the judge would have
three options – a supervision order, a hospital order or an absolute
discharge.
None
of these amounts to conviction or punishment, but Janner could be moved
to secure accommodation if he is found to be a risk to the public.
Janner has always denied any wrongdoing.
Director
of Public Prosecutions Alison Saunders provoked fury among when she
ruled in April that Lord Janner could not be prosecuted because of his
dementia.
But
the Crown Prosecution Service said in the june that a judge and jury
would conduct a 'trial of the facts' in the case of 86-year-old,
although his illness means he likely will not be convicted or punished.
The High Court decision means Janner will have to appear at Westminster Magistrates Court tomorrow
Prosecutors decided 'it was in the public interest to bring proceedings before the court.'
Director
of Public Prosecutions Alison Saunders resisted calls to resign over
the issue, insisting the decision over whether to prosecute had been 'an
extremely difficult and borderline case because of the strong arguments
on both sides.'
She said it was 'a matter of real regret' that Janner had not been prosecuted sooner.
Lawyers for Lord Janner said they will not be appealing later today against the High Court's ruling.
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