'Justice should be done' says legal commentator as officer charged with Chris Kaba's murder will be named

31 October 2023, 8:45 | Updated: 31 October 2023, 8:57

By LBC

Director of Mary Monson Solicitors Joseph Kotrie-Monson said justice is a "bitter pill" for criminal defendants, but that it must "be seen to be done".

He told Nick Ferrari at Breakfast: "The wait - it's horrific, court delays, police inefficiencies, it's hanging over your head, publicity, fear, effect on wife, kids and family.

"However justice should be done - it should also be seen to be done, and that's a bitter pill that applies to my clients just as it applies here.

"It's important Nick, because it prevents us from litigating at home or in the media if we see that proceedings are happening in an open and transparent way. We feel part of those justice processes, as rightly we should.

"However when there are legitimate security concerns, they must be dealt with."

"Why does he need to be named?" Nick asked, referring to the case of Stuart Hall, who served a longer term after more people came forward about his pedophilia.

Joseph Kotrie-Monson said this raises the question of whether criminal defendants should be named at all.

"With the exception of circumstances where you have a possibility that others might come forward if it's made public, the default positions, I think there is an argument as there is in European jurisdictions, for new legislation, meaning that somebody's reputation remains intact because they are not named until they are convicted", he said.

"That's not the law at the moment."

The legal commentator added: "It's not just a question of police bashing, but of course I have sympathy for him, I have sympathy for his family, just as I do for all my criminal clients."