Old Bailey Latest
Soham Trial Transcript

This is the Sky News transcript from the Soham murder trial.

Each day, when the court is sitting, we are bringing you the evidence from the Old Bailey, line-by-line.

We publish the first words from the courtroom at approximately 11am with the last lines coming in at around 5pm.

The previous day's evidence will remain on this page until the first words are transmitted at the beginning of the new court session.

While the court is sitting, keep refreshing this page for the latest.

Use 'Ctrl F' to search for words, quotes or witnesses.

Richard Latham is the chief prosecutor; his colleague on the prosecution team is Karim Khalil QC.

Stephen Coward QC is Ian Huntley's defence barrrister.

Michael Hubbard QC is Maxine Carr's defence lawyer.

Mr Justice Moses is the judge. Other witnesses and lawyers are introduced as they appear.

 

(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)