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The Birmingha m pub -b ombs

Peo ple in the c ase

Paddy Hill

Ge rry Hunte r

Ric hard (Dic k) Mc Ilkenny

William PowerJohn Walker

Hugh Ca llag han

jointly cha rged with

Birmingham pub-bom bings

Mr Justic e Bridge judge

James McDadeIRA a c tivist, killed on 14

Novem ber 1974

Harry Skinner QC prosec uting c ounsel

Micha el MurrayMicha el Sheehan

Jam es Kelly (Woods)

jointly cha rged withexplosives offences

Dr Frank SkuseHome Office forensic

sc ientist

Dr Hugh Blac k defenc e forensic c onsultant

Doug las Higgs

Dona ld Lidstone

Home Office forensic

scientists

Dr Arthur Harwo od doc tor at Winson Greenprison (Bham)

Thomas Watt

Hilda Wickettp rosec ution witnesses

Julia Vinesba rma id at New Street

station

David O wenassistant chief constable of

Linc olnshire

Dr David Paul defence witness a t p risonoffic ers tria l

Mr Justic e Swa nwic k jud ge at prison offic ers tria l

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should be stop ped .

The impression g iven b y tho se fina l

sentences is that Denning is not certainexactly whyhe is striking out the claim. It

might be on some grounds; or it might

be on others. Whatever the ostensible

reason, however, the actual reason

seem s to b e tha t the c onseq uenc es for

the English legal system would be so

tremendous that the courts must shrink

from them irrespe c tive o f whe ther or not

the men's cause is just. 'An appalling

vista' it may be; but if it is a landscape

that must be surveyed, then the law

must survey it. Not to do so brings into

foc us an even m ore ap palling vista .

Ultimately, the judgment is

intellec tua lly d ishonest. For all its erud ite

consideration of past issues of estoppel,

it is seemingly based on gut emotion,not fine lega l ana lysis.

Lord Justice Goff parted company

with Denning, saying he 'could not

agree that the judgment of Mr Justice

Bridge alone created an issue of

estoppel sufficient to bar the plaintiffs'

claims', though Goff did uphold thepolice case on other grounds. His

dissenting legal interpretation was read

out on his beha lf by Sir Ge orge Baker,

for Lord Justice Go ff had been sudde nly

taken ill. It fell to Denning , at the end of

the appeal, to announce his death.

Denning concluded his judgment by

saying that 'the cases showed what a

civilised country we were': through the

fac ility of leg al aid, we ha d a llowed thesix Irishmen a generous crack of the

jud ic ia l whip.

I beg leave to differ, Your Lordship.

The c ases show ed wha t a wicked ,

wicked c ountry we ca n be.