Jack Straw accused over 'creeping state of privacy for criminals'

Published on Monday 8 March 2010 21:42

JAMES Bulger killer Jon Venables might be murdered by vigilantes if his new identity is revealed, the judge who granted his anonymity has warned.

• Jack Straw: Facing criticism over Venables' recall. Picture: PA

Baroness Butler-Sloss and Justice Secretary Jack Straw defended the need for secrecy amid growing public pressure and a direct appeal from the murdered toddler's mother for more details about why Venables, 27, was sent back to jail.

Denise Fergus appeared yesterday on ITV show This Morning to accuse the government of treating the issue like a political football and of "closing doors in her face".

Lady Butler-Sloss, the former president of the High Court's family division who granted Venables anonymity on his release from prison, stressed "the enormous importance of protecting his anonymity now and if he is released because those who wanted to kill him in 2001 are likely to be out there now".

Giving her backing to Mr Straw's decision, the cross-bench peer, who retired as a judge in 2005, told peers that ministers must "take into account" the enormous importance of protecting Venables' anonymity.

She said: "This young man may or may not be tried. He may or may not have committed offences. There is, of course, at least the possibility that he has committed no offence. And, consequently, he may therefore be allowed again to be out (of jail] on licence."

Mr Straw's refusal to disclose the reasons for Venables' return to jail sparked a furious response from the Conservatives, who warned of a "creeping advance of privacy rights for criminals" that threatened to undermine public confidence in the justice system.

In a Commons statement yesterday, Mr Straw said releasing further information was "not in the interests of justice" as it might threaten the fairness of any future trial.

He also revealed that details of the alleged breach of licence conditions came to light after officials were told that Venables' new identity had been compromised. According to reports, 27-year-old Venables, who was ten when he and Robert Thompson murdered James in Bootle, Merseyside, is being investigated by police over allegations that he had been looking at child pornography.

Mr Straw had hinted he might release more information, but addressing MPs at Westminster yesterday, he said: "I fully understand the concern of James Bulger's parents and the wider public about this case, and indeed the frustration voiced by James's mother, Mrs Fergus, that insufficient information had been provided to her.

"I have been giving further active consideration as to whether it would be appropriate to provide more information. But I have concluded that this would not presently be in the interests of justice. It is critical that if charges do follow, it is possible to hold a fair trial – fair for the defence and fair for the prosecution."

Mrs Fergus spoke out yesterday, saying: "I don't know whether he has gone on to kill someone else. I am sick of them closing doors in my face. It's about time they started telling me what I think I should know. As James's mother I have a right to know."

Mrs Fergus is due to meet Mr Straw later this week.

Venables and Thompson were released with new identities in 2001, having served eight years for the murder.

They are on life licence, meaning they can be brought back to prison at any time if they re- offend or if they are thought to pose a threat to the public.

Shadow justice secretary Dominic Grieve said Mr Straw should disclose more information on the reasons for Venables' return to jail.

He added: "These could help to avoid the frenzy of speculation that has arisen in this case."

He also asked for assurances that the grounds for not saying more were a "practical need to avoid identifying Venables, given his new identity and the possible requirements of the trial process", rather than "a broader creeping advance of privacy rights for criminals which comes at the expense of public transparency".

At Westminster, Mr Straw did set out several of the licence conditions imposed on Venables, including that he could not make contact with Thompson or the Bulger family, or return to Merseyside.

Liberal Democrat spokesman David Howarth backed Mr Straw's stance, saying: "People have been saying there is a right to know. There is no right to know everything immediately."

Senior Tory back-bencher David Davis called on Mr Straw to protect Venables' identity "so that we don't see lynch-mob law in this country, even in the prisons".

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