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Justice
5 min read

Facing up to justice

The crimes and sentencing of baby-murderer Lucy Letby is driving fresh conversations about justice. Edward Smyth examines the confusion and contradictions within them.

A writer and speaker in the field of criminal justice and faith, Edward Smyth is now pursuing doctoral research on the 'through-the-gate' experiences of individuals who have found faith while in prison.

A prisoner looks into the camera.
Lucy Letby's Police file photograph.
Cheshire Constabulary.

‘Christians need to be ready for the inevitable moment when Lucy Letby declares that she’s found Jesus in prison.’  

So read one of many tens of thousands of tweets posted on the day Letby was sentenced to spend the rest of her natural life behind bars. I probably saw several hundred of those tweets that day; yet this one has lingered, niggling away at me whenever my mind is drawn back to a consideration of the appalling facts of a case that surely takes its place amongst the worst ever to have been prosecuted in this country.  

One of the things about the Letby trial which has caused the most consternation has been her refusal to appear in court for some of the verdicts, and for her sentencing hearing. The strength and volume of the response to what is being almost universally termed her ‘cowardice’ has some challenging things to say about what contemporary society means – or thinks it means – when it talks of ‘justice’. And, as I write, the Government’s response has been to force criminals to appear. An interrogation of these responses might just help us all begin to be able to think through where this leaves us, too.  

The sense seems to be that in refusing to enter the dock at Manchester Crown Court for her sentencing, Letby has somehow evaded what we might term her ‘just deserts’; and that her victims and their families – and indeed society – have been cheated out of some of the justice to which they feel entitled. If the act of receiving the sentence is viewed as itself part of the punishment (not an assumption by which I am wholly persuaded, but one which sits at the heart of this argument) then the outrage caused by Letby’s avoidance of her sentencing speaks to a certain weighting of the importance of that one morning in court as against the next forty or even fifty years Letby will spend in prison. What this boils down to, then, is retribution pure and simple. We think offenders should be made to listen to the impact of their offending because we want them to feel all the things that we believe they deserve: guilt, shame and pain. We want this because of some innate, deep-rooted sense of balance and fairness which dictates that an appropriate response to the imposition of pain is, in turn, the imposition of pain.  

Our legal system exists, in part, to ensure that this remains proportionate: the state censures offenders to avoid the inevitable disproportionate vigilante or retaliatory action which would otherwise ensue, exercising what some criminologists refer to as its ‘displacement function’. Prisons, of course, are out of sight and usually out of mind which perhaps explains the importance of the sentencing hearing in cases like this: it is the only opportunity we have to see the convicted person suffer – and we need to see it with our own eyes to make sure that, even if we think ‘prison is too good’ (i.e. insufficiently painful), we have at least seen the convicted person suffer some pain. 

Letby may have avoided being deluged by the waters of justice rolling down upon her ... in the dock, but we should be in no doubt that those waters are rising from the floor of her prison cell as we speak.

For Christians, though, the elephant in the room is that Letby has been sentenced to a ‘whole life order’. In passing that sentence the state is saying ‘we have no interest in your rehabilitation’; and that is something which should give all pause for thought especially Christians. I do not think there is a ‘correct Christian response’ to this issue, as it happens: personally, I would rather we didn’t have whole life orders, but equally I have no objection to someone spending the rest of their life in prison if that is the only safe course of action. If we were designing a Christian system of criminal justice, then whole life orders would be indefensible on the grounds that we have no right to make impossible redemption; but we’re not designing – or operating under – a Christian system of criminal justice; and redemption in the theological sense is still possible in prison. I struggle – particularly in light of cases like this one – to get too worked up about it.  

But perhaps that’s the point. Perhaps the fact that my own theology opposes whole life orders but, when exposed to the facts of a case like Letby’s, I find it difficult to care very much is exactly the kind of confusion and contradiction of which I spoke at the outset of this article. And in that confusion and contradiction perhaps we find what it is to be a Christian, our instinctive and culturally conditioned human responses coming up against the teaching of the ultimate countercultural being and, so often, overwhelming it in our hearts.  

Those hearts ache for the victims of Lucy Letby and their families. Have they received justice? She will spend the rest of her life in prison: I think they have. Is that justice compromised because she did not appear for her sentencing? I think it is not, on both secular and Christian grounds. Secularly speaking the state has performed its ‘displacement function’ and the punishment is being carried out whether she was there to hear it or not. The victims have – for better or worse – been removed from the conversation, which is why criminal cases are listed as ‘The King v. ...’ rather than ‘[Victims’ names] v … .’ Theologically speaking Letby may have avoided being deluged by the waters of justice rolling down upon her (as Justice is described in the Bible) in the dock, but we should be in no doubt that those waters are rising from the floor of her prison cell as we speak, and she will be soaked through soon enough. 

The case of Lucy Letby – as with any case of great evil – is a violent challenge.  For the Christian, it is one which can only be met with prayer, thought, and introspection. In short: they must pray their way to their own response. But whilst they are doing that as Christians in an increasingly secular world; a world where the responses that they know their faith obliges them to make are so quickly and easily monstered – I can only hope that they and we find in our Church an institution willing to preach that countercultural, unpopular Gospel.    

'Modern man often anxiously wonders about the solution to the terrible tensions which have built up in the world and which entangle humanity. And if at times he lacks the courage to utter the word “mercy”, or if in his conscience empty of religious content he does not find the equivalent, so much greater is the need for the Church to utter this word, not only in her own name but also in the name of all the men and women of our time.'  
Pope John Paul II 

  

Article
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Ethics
Freedom
War & peace
4 min read

There’s light and darkness in journalism’s truth game

“There’s your truth, there’s my truth and there’s the truth.”

George is a visiting fellow at the London School of Economics and an Anglican priest.

A church altar holds commemorative frames of killed journalists
The Journalists’ Altar.

The Journalists’ Altar at St Bride’s church, on London’s Fleet Street, bears the Perspex tombstones of reporters and their colleagues who have died in wars and conflicts around the globe, in the act of bringing news to us.  

This solemn memorial is joined by new ‘stones’s for Anas al-Sharif and his four-man crew from Qatar-based al-Jazeera, who were killed in a targeted strike on their tents at the gates of the Al-Shifa hospital in eastern Gaza City. 

It was worth checking that they’re included on the altar, as there’s the sneaking suspicion that someone might have decided that honouring them in this way would be inappropriate or even inflammatory. The Israel Defence Forces (IDF), who killed them, would certainly take this view, having described al-Sharif, one of the few television correspondents bravely to have remained in northern Gaza, as a “terrorist” who “posed as a journalist.” 

Journalist rights groups, such as the Committee to Protect Journalists (CPJ), as well as, unsurprisingly, Al Jazeera itself counter that this is baseless. The CPJ adds “there is no justification for [the] killing.” 

Of course there isn’t. Al Jazeera is pro-Arab and consequently pro-Islam and, therefore, anti-Israel. Al-Sharif may have had links with Hamas in the past, but he and his colleagues were demonstrably non-combatant. If we start killing journalists who are biased against us, we’re entering very dark moral territory indeed. 

I worked for The Observer when it was owned by conglomorate Lonrho and it promoted proprietor Tiny Rowland’s best interests in Africa and in his battle with Mohammed Al-Fayed for ownership of Harrods. News Corporation’s titles aren’t famous for exposing and criticising the activities and opinions of the Murdoch family. 

It might be a stretch for even their fiercest critics to suggest that Rowland or the Murdochs had committed acts of terrorism, but the point is that journalism, good or bad, is never truly independent. That al-Sharif and his friends had associations with Hamas is largely irrelevant. Indeed, journalists must have contacts with the dark side.  

If we’re at risk for our allegiances, then it’s not just us but freedom itself that is under threat. Imagine if we could be arrested for sympathising with supporters of Palestine Action, currently a proscribed terrorist organisation in the UK. That, worryingly, begins not to sound too farfetched. 

Journalism, when it works properly, shines as a light in the world’s darkness, revealing what’s really going on. It’s what makes it a less trivial professional activity than many other walks of life. The Journalists’ Altar bears testament to that.  

The light shining in darkness is central to the Christian tradition, revealed in the prose poetry of the opening sequence to John’s gospel (a line of which appears on the Journalists’ Altar). It is inextinguishable, exists only because darkness exists and is revealed in the human capacity for love, the triumph of hope over despair and lives led self-sacrificially. 

That’s way too much freight for humble old journalism to carry. But it is true that journalism shines a light in human affairs, the better to reveal what lies in the darkness so that we can examine it. In that endeavour, it shares an interest in truth 

A late and lamented Observer desk editor of mine once told me dolefully, when I wailed that lawyers were preventing a story I knew to be true, that “there’s your truth, there’s my truth and there’s the truth.” I don’t think he meant to mark the difference between subjective and an objective, absolute truth, but he did define the truth game that we’re in. 

As it took Gaza’s territory, Israel’s government long ago ceded its moral ground – quite an achievement given the scale of the atrocities committed by Hamas on Israel’s people on 7 October 2023. It simply cannot afford to allow the light of what is true to shine in the darkness of Gaza. So, it bans foreign correspondents from reporting from within the Strip. 

“Democracy dies in darkness” has been the slogan of The Washington Post since 2017, a line it lifted from its Watergate heritage. There’s been a fair bit of chortling and downright rage at this conceit since its newish proprietor, Jeff Bezos of Amazon, declined to allow the Post to back the Democrat candidate against Donald Trump at the last US election (those pesky owners again). 

But it’s not really democracy that dies in the dark. It’s just that we can’t see in the dark. We need light to do that. Journalism, for all its weaknesses and absurdities, provides some of that light. Israel, Gaza and the deaths of five Al Jazeera journalists show that it’s a light that isn’t inextinguishable. That’s more than a worry. 

Al Jazeera’s anchor Tamer Almisshal nailed it: “Israel, by killing and targeting our correspondents and team in Gaza, they want to kill the truth.” Our democracies need to ensure that doesn’t happen. 

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