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   Justice unjust
By Andrew George MP
'Our justice system seems to treat victims as the perpetrators and the perpetrators as the victims', says Andrew George MP Fortunately, few of us are affected by cases of murder or manslaughter. But if we were, most assume that we have a crime and justice system which would support victims and their families; and that they would be helped and supported through unfamiliar procedures and a traumatic experience whilst attempting to come to terms with the loss of a loved one. For over 12 years, I have trying to deal with the aftermath of a killing which opened my eyes to a system which seems to treat victims as the perpetrators and the perpetrators as the victims. You don't believe me? Well, study the case of the killing of Claire Oldfield-Hampson, sister of my constituent, Joanne Bryce. She was killed in 1996 by her husband, David Hampson, buried in the family garden, at their home in Cambridgeshire, then discovered in December 1998 when Mr Hampson ran out of excuses to explain the absence of Claire to her family. At the subsequent trial, Mr Hampson was convicted merely of manslaughter on the grounds of diminished responsibility. The Prosecution Service and judge believed Hampson had suffered from his wife's alleged 'nagging', and had been driven to kill. Hampson's sentence was then reduced on appeal, and he was released just 14 months after the original trial. But it is not just the appalling handling of this case, and the shocking leniency of the sentence, that I wanted to draw Parliament's attention to when I first raised concerns about it in a debate in early January 2001. It's also the way our country appears to treat the family of victims; recognising the killer as 'next of kin' – and so getting to make all of the important decisions about the care of children, the funeral, estate and belongings of the murder victim. After taking it further, the then director of public prosecutions admitted mistakes had been made by the Prosecution Service and that Claire's memory had been denigrated in the unchallenged case made by the defendant in mitigation. We questioned why Claire's daughter had been handed to the murderer's family rather than Claire's. We forced an inquiry into the handling of the case by Cambridgeshire police. This highlighted many failings. The family are even now seeking full access to the report of that investigation. Many people will be shocked to discover how the families of victims are treated as an afterthought, but perpetrators appear to have their rights respected. The Criminal Cases Review Commission reviews cases for perpetrators of crimes but not victims or their families. The criminal is allowed to submit new evidence at an appeal; victims are not. In cases like this victims' families have to request the permission of the murderer to hold a funeral, and of the killer's family for family effects. In Claire's case this included family heirlooms, war medals, personal effects, photographs, educational certificates and a personal diary held by the killer's family and denied to Claire's family. In the original debate I called in 2001, I said that this was "a contortion of justice... if this is what our country calls justice, we should be ashamed of what we are doing for victims. Claire Oldfield-Hampson was first unlawfully killed by her husband and then dumped in the garden; then she was exhumed by the state, taken to court and slaughtered again". Though there have been a few improvements – partly as a result of lessons learned from this case – there is still a lot more to be done. If this is how we are treating victims of crime in this country, we should feel deeply ashamed. I will not let it drop. Source: epolitix.com Copyright Dods Parliamentary Ltd
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