(Jury in at 11.04)
THE CLERK OF THE COURT Will the
defendants please stand? Will the
Foreman please stand. Mr Foreman,
will you please confine yourself to
answering my first question simple yes
or no? Members of the Jury, have you
reached verdicts on all counts, in
respect of both defendants, upon which
you are all agreed?
THE FOREMAN no.
THE CLERK OF THE COURT thank you, sit
down.
MR JUSTICE MOSES ladies and gentlemen,
the time has now
come when I can give you further
directions. They are these in
relation to any of the counts, I will
accept a verdict one way or the other
upon which at least ten of you are
agreed. In other words, ten to two,
eleven to one or unanimous in respect of
any verdicts upon which you are not
agreed. You will be the best judge of
this, Mr Foreman, and I do not want to
know anything, but obviously do not take
up time if it is pointless, but you
should strive if there is any point in
trying to reach unanimous verdicts. It
is obviously preferable, but, as I say
if you cannot I will accept verdict or
verdicts on which at least ten of you
are agreed.
(Jury retire again at 11.04)
MR JUSTICE MOSES
(Jury in at 11.56).
THE CLERK OF THE COURT My Lord, the
Jury retired on Friday, 12th December at
11.05. They were given a majority
direction today at 11.04. They have
therefore been deliberating for a total
period of 17 hours and 32 minutes. Will
the defendants please stand? Will the
foreman please stand? Mr Foreman, will
you please confine yourself to answering
my first question simply yes or no?
Members of the Jury, have you
reached verdicts on all counts in
respect of both Defendants upon which at
least ten of you are agreed?
THE FOREMAN yes.
THE CLERK OF THE COURT members of the
Jury, on count 1, do you find the
Defendant, Ian Kevin Huntley, guilty or
not guilty of murder?
THE FOREMAN guilty.
THE CLERK OF THE COURT is that the
verdict of you all, or by majority?
THE FOREMAN by majority.
THE CLERK OF THE COURT how many of you
agreed and how many dissented?
THE FOREMAN 11 agreed, one dissented.
THE CLERK OF THE COURT Do you find the
Defendant guilty of murder by a majority
of 11 to 1?
THE FOREMAN yes.
THE CLERK OF THE COURT members of the
Jury, on count 2, do you find the
Defendant, Ian Kevin Huntley, guilty or
not guilty of murder?
THE FOREMAN guilty.
THE CLERK OF THE COURT is that the
verdict of you all, or by
majority?
THE FOREMAN by majority.
THE CLERK OF THE COURT how many of you
agreed and how many dissented?
THE FOREMAN 11 agreed, 1 dissented.
THE CLERK OF THE COURT Do you find the
Defendant guilty of murder by a majority
of 11 to 1?
THE FOREMAN yes.
THE CLERK OF THE COURT members of the
Jury, on count 3, do you find the
Defendant, Maxine Ann Carr, guilty or
not guilty of assisting an offender?
THE FOREMAN not guilty.
THE CLERK OF THE COURT not guilty.
Members of the jury on count 4 do you
find the Defendant, Maxine Ann Carr,
guilty or not guilty of assisting an
offender?
THE FOREMAN not guilty.
THE CLERK OF THE COURT not guilty.
THE CLERK OF THE COURT Members of the
Jury, on count 5, do you find the
Defendant, Maxine Ann Carr, guilty or
not guilty of conspiracy to do acts
tending and intended to pervert the
course of public justice?
THE FOREMAN guilty.
THE CLERK OF THE COURT is that the
verdict of you all or by majority?
THE FOREMAN by majority.
THE CLERK OF THE COURT how many of you
agreed and how many dissented.
THE FOREMAN 11 agreed, 1 dissented.
THE CLERK OF THE COURT you find the
Defendant guilty by a
majority of 11 to 1.
THE FOREMAN yes.
THE CLERK OF THE COURT thank you. sit
down.
MR JUSTICE MOSES what we are going to
do now is continue with the next part of
the trial. What I am going to ask you
to do is go to your room, it will only
be for a few minutes and then come back.
{short adjournment}.
MR JUSTICE MOSES yes, Mr Latham.
MR LATHAM my Lord, I anticipate, will
be aware of certain relevant sections of
the new Criminal Justice Act 2003,
which has a commencement date of
tomorrow, 18th December. My Lord, it
therefore does not apply today.
MR JUSTICE MOSES no.
MR LATHAM my Lord, looking at schedule
22 to the Act, that deals with what it
describes as "transitional" cases and
paragraph 5 and 6 deals with existing
prisoners who have been the subject of a
mandatory indeterminate sentence, who
have yet to be notified by the Secretary
of State of the due period that is
expected they will serve under that
sentence.
My Lord, paragraph 5
relates to any such existing prisoner
who, in respect of any mandatory life
sentence, has
not, before the commencement date, been
notified as mentioned in paragraphs 2 AB
by the Secretary of State. Ian Huntley
will undoubtedly fall into that
category.
MR JUSTICE MOSES in those
circumstances, the case will be referred
to the High Court.
MR LATHAM the Secretary of State must
refer the prisoner's case to the High
Court and that will inevitably happen
either tomorrow or shortly thereafter in
order for the High Court to make the
orders required under Section 269 of the
act, but I thought it right to bring
that position to my Lord's attention.
simply by a day, this case falls
outside.
MR JUSTICE MOSES almost inevitably, as
there will, in relation to a number of
other prisoners in the same category,
have to be a further Hearing during
which - so we are not speaking in code -
during which I will be making orders
which fall within the schedule of
Section 269, namely the determination of
a minimum term, so that will have to be
announced in open court. I make it
clear what would have been my
recommendation under the law, which is
to be changed tomorrow, will not be
something I announce today. Is there
anything else you want to say? The ages
of the two Defendants?
MR LATHAM my Lord, the ages are in the
case summary.
MR JUSTICE MOSES so it is clear on the
transcript?
MR LATHAM 29 and 26.
MR JUSTICE MOSES Mr Coward.
MR COWARD on behalf of Ian Huntley I
have no representations to make, in
regard to attempting to pervert the
course of justice in relation to the
other matters, it is of such minor
importance.
MR JUSTICE MOSES I will make no
separate order.
.
MR COWARD: my Lord so far as the
pattern of sentencing is concerned, in
my respectful submission, the
proceedings
having reached this stage, today is the
day to pass sentence, not to wait for
any further legislation that may
come into force.
.
MR JUSTICE MOSES it may be, in the
light of any recommendation, depending
on the time it takes, that not all my
business will be requiring a hearing in
open court, if there is no (inaudible).
MR COWARD my Lord, subject to that, I
have no representations to make.
MR JUSTICE MOSES thank you very much
indeed. yes, Mr Hubbard?
MR HUBBARD my Lord, she has served 16
months which is the
equivalent of a two year and eight month
prison sentence. Your Lordship
expressed some concern when we were here
in April about the length of time she
had been in custody then.
MR JUSTICE MOSES it is obviously,
although it will automatically be
deducted from her sentence, it is
something that you are entitled to allow
by way of mitigation because waiting for
this trial would have hit her
particularly hard. However, of
course, she lost what would have been
the most significant feature of
mitigation, namely a plea of guilty on
count 5.
MR HUBBARD my Lord, she did but, in the
circumstances of
this case, facing assisting counts which
would unquestionably have attracted a
reasonably substantial sentence.
MR JUSTICE MOSES a very substantial
sentence. In the case of murder,
assisting an offender, it would be very
substantial indeed.
MR HUBBARD your Lordship perhaps will
understand that it was not inappropriate
to leave that count ----.
MR JUSTICE MOSES forensic tactics if I
may say so, not a criticism, but
nevertheless the absence of a plea of
guilty in a case such as this - did, as
I say, deprive her of an
important limb of mitigation in the face
of what I may say in my view was
overwhelming evidence.
MR HUBBARD my Lord, the other aspect
must be this, must it not, that she
faces an unenviable future.
MR JUSTICE MOSES yes.
MR HUBBARD and really one cannot say
more than that. She is going to be
blighted for years and we would invite
you to say that justice perhaps can be
done by passing such a sentence today
that would enable her to be released
immediately.
MR JUSTICE MOSES stand up, Huntley.
Ian Kevin Huntley, on
the 4th August 2002, you enticed two ten
year old girls, Holly Wells and Jessica
Chapman, into your house. They were
happy, intelligent and loyal. They
were much loved by their families and
all who knew them. You murdered them
both. You are the one person who knows
how you murdered them. You are the one
person who knows why. You destroyed
the evidence, but you showed no mercy
and you showed no regret. It is plain
that once you killed one, you had to
kill the other in your attempt to avoid
detection. On the 10th August, six
days later, you told the BBC you thought
you might be the last friendly face that
these two girls had to speak to. that
was a lie which serves to underline the
persistent cruelty of your actions.
On the contrary, one of those
girls died knowing her
friend had been attacked or killed by
you. After you had murdered them
both, you pushed their bodies into a
ditch, stripped them, and burned them
while their families searched for them
in increasing despair and as Kevin Wells
called out their names, you pretended to
join the search. Three days later you
demonstrated the extent of your
merciless cynicism by offering that
father some words of regret. Your
tears have never been for them, only for
yourself. In your attempts to escape
responsibility in your lies and your
manipulation, up to this very day you
have increased the suffering you have
caused two families, but it is not just
those two families whose lives you have
sought to destroy. Your crimes are
those for which the community suffers.
the children you murdered were children
whose lives brought joy to the community
and whose deaths brought grief. There
is no greater task for the criminal
justice system than to protect the
vulnerable. There are few worse crimes
than your murder of those two young
girls.
The sentence I pass upon
you is one to which I am impelled by
law. On count one, you will go
to prison for life.
On count 2, you will go to prison for
life. You may go down.
Maxine Ann Carr, the gravity
of your offence must reflect the
gravity of the offences for which you
gave a false alibi. You had plenty
of opportunity to refuse to persist
in a course of lying and deception.
You chose not to. Your intelligence
and strength of mind could have been
used to ease the suffering of those
families, but they were used to
compound their misery. If you had
had slightest true regard for those
girls, or their families, you would
have told the truth and the
declaration of your partner might
have been more readily achieved.
Your selfish concern for yourself
and for Huntley led you all too
readily to lie and all too glibly.
You have lost the chance to mitigate
the offence by your failure to plead
guilty in the face of overwhelming
evidence. I take into account your
age, your good character and the time
you have spent awaiting trial, but the
least sentence of imprisonment I can
pass consistent with my duty is one
of three and a half years imprisonment.
You will serve half of that and remain
on licence for the rest. The time you
have spent in custody will be taken
into account in the reduction of that.
That is all I have to say.
MR COWARD My Lord, for the purposes
of count 1, no separate penalty.
MR JUSTICE MOSES No separate penalty.
Ladies and gentlemen,
may I address you first. I want to
thank you for the care and attention
which you have paid to this case.
The task you have performed is a task
you have performed on behalf of
the whole country. The concentration
you have paid to this case has been
obvious to us all. I know it cannot
have been easy in the glare of public
scrutiny. You have performed your duty
with patience and good humour, fairness and
justice. You are discharged from
jury service for the rest of your lives.
If you are summoned you can say that,
but you can of course serve on a jury
again if you wish.
There is something I wish to say
to the parents and families of Holly Wells
and Jessica Chapman and I hope I speak on
your behalf. You, the parents and families
of those two young girls, deserve our
respect and admiration for the way you
have all conducted yourselves through
what must have been to you the ordeal
of this trial. A courtroom is not
the place for mourning and you must at
times have thought that sympathy and
understanding were being ill-directed
towards those Defendants in an effort
to ensure fair trial. But it is only
by the conduct of a painstaking but fair
trial, as I know you understand, to which
all the legal teams and court staff have
contributed, that this country can try
to fulfil its obligations to protect
the weak and vulnerable. Now I can say
this on behalf of us all. Your grief
at the loss of such bright and
life-enhancing daughters cannot be
imagined and cannot be shared. Those
of us who have been compelled to
listen to so dispiriting and merciless
a tale will have had some glimpse of
what you have suffered and continue
to suffer. Our sympathy is made all
the greater by witnessing your bravery,
the more remarkable in the face of
such public interest. It is a public
interest, I hope and believe, which
stems from a belief that your loss,
your tragedy, is a loss and tragedy
for us all.
(Court adjourned - trial ends)
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