There were four separate hearings relating to bail with regards the late Mr Garry Weddell, each presided over by His Honour Judge John Bevan QC in the Crown Court at Luton and Ipswich. The transcripts of those hearings have now become available and have been read.
Because Mr Weddell has died, there is no question of prejudice in relation to a future trial, and analysis of the transcripts does not reveal any further reasons such as confidentiality or witness anonymity that would justify maintaining the normal principle that transcripts of this nature are not published.
However, HM Coroner for Bedford and Luton, Mr David Morris, who has been given jurisdiction in connection with the deaths of Mr Garry Weddell, Mrs Sandra Weddell and Mrs Traute Maxfield, has requested that publication of the transcripts be withheld until he has had time to study their contents.
Mr Morris is anxious to ensure that the enquiries currently being made on his behalf by the Hertfordshire Police are not inhibited in any way by premature disclosure into the public domain of material which might have a bearing on witness evidence before it has been obtained, collated and properly evaluated.
Subject to any further observations from the Coroner, the transcripts will be published on the judicial website (www.judiciary.gov.uk) on the day the Inquests are formally opened. It is provisionally planned that the Inquests will open on 29 January or very shortly thereafter.
Notes for Editors
- Whether or not to grant bail is a decision for the courts to make within the statutory framework provided by Parliament in the Bail Act 1976, taking account of relevant case-law.
- The Bail Act as amended provides for a general presumption that bail will be granted in all cases, including murder, except in specific circumstances which have to be supported by evidence.
- The court can impose conditions to prevent absconding, committing further crime whilst on bail, interfering with witnesses or for the purpose of medical or other reports: s3(6A) deals with the need for such a report when bail is granted in murder cases. In addition, the defendant may be required to provide security.
- The exception to the general presumption, under section 25 of the Criminal Justice and Public Order Act 1994, is that bail can only be granted in exceptional circumstances in cases of homicide (or rape) where there has been a previous conviction for such an offence.
