Article
Comment
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
Comment
Justice
Trauma
4 min read

Can life go on after wicked acts of violence?

We can fulfill the law in more ways that just the legal sense.

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

A montage shows three people, an older man, a young man and young woman.
Ian Coates, Barnaby Webber and Grace O'Malley-Kumar.
Family handout.

It’s an all too human instinct to seek vengeance against psychopathic killers, especially those murderers of children and youngsters. If we’re honest, we can all feel a primal urge to “get our hands on them”, to inflict, in retribution, the pain, death and suffering that they delivered on their victims and their families. 

That must be why, shortly after his sentencing, the murderer of the three little girls at a dance class in Southport - Elsie Dot Stancombe, Alice da Silva Aguiar, Bebe King – was reported to have been beaten to a pulp by fellow prisoners. It went momentarily viral with the help of the likes of former support-actor Laurence Fox, who writes in short sentences because he thinks in them, claiming he’d heard it “on the grapevine”.  

The story was only slightly undermined by such giants of investigative reporting getting the jail where the convicted prisoner is incarcerated entirely wrong. 

It’s a kind of wishful thinking, if a herd can be said to think. It’s also why we have a rule of law in what we aspire to call a civilised country. It’s there to bring such perpetrators to justice, while ensuring that justice isn’t impaired by the wholly understandable desire of victims’ families to tear their killers to pieces and the knuckle-dragging, social-media lynch mob who think they know what justice looks like. 

Hard for anyone to know how to respond to this. It’s perhaps particularly challenging, for fear of being intrusive and trite, to see how a religious faith can respond. But I want to have a go. And to avoid those charges of hand-wringing solipsism, I won’t speak of hope and love and life in this context, which so often feels like throwing a handful of seeds into a raging storm.  

Rather, I think I want to ask what fulfilment of the law might look like. The full 240-page report into the killing In Nottingham in June 2023 by a paranoid schizophrenic of two 19-year-old students, Barnaby Webber and Grace O’Malley-Kumar, and separately a 65-year-old man, Ian Coates, has been published. Not unnaturally, the headline theme has been that the killer “got away with murder” through a series of chaotic failings by the NHS, in its discharges of its patient into the community, in its absent risk management and failures to medicate him adequately. 

Culpability for these crimes is a powerful driving force. But there’s something else going on here. After the report’s publication, the two young victims’ mothers, Sinead O’Malley-Kumar and Emma Webber, went on BBC Radio 4’s Woman’s Hour for an extended interview. And, yes, of course they share a campaigning spirit to change the health system so that this kind of tragedy is less likely to happen again. But Emma said that they’re “not witch-hunting with pitchforks” and Sinead observed with crystal clarity that “systems are made up of people”.  This was about human as well as systemic change. 

The go-to journalistic word here is “dignity” and, yes, these two mothers have it in bucket-loads. But, as I say, there’s something else. Struggling to identify it, I come up with the phrase that life goes on – and not in its platitudinous sense of bucking up and getting on with what’s left to us. There’s a feeling of continuation, not just of ending, dreadful as those endings are for families.  

Asked by interviewer Anita Rani (who, in passing, was first class) what sustained them, where their strength came from, Emma answered in a heartbeat “Barnaby”, adding quickly in a heartbreaking throwaway: “It’s that invisible umbilical cord.” Similarly, Sinead said she was strengthened on a “bad day” by the knowledge that she was “doing it for Grace.” 

They know, absolutely, that they can’t change what happened, but they’re there for each other. And not just these two mothers. Bereaved parents from Southport have been in touch, as they said, in “awful solidarity.” 

A solidarity unconfined to this dreadful cadre of the violently bereaved. When these two mothers visited Nottingham for a vigil for their lost children, they expected “maybe 50” to turn up. In the event, there were “thousands and thousands” in Market Square.  One of the two said simply: “There’s more good than bad out there.” Life goes on. Again, not in the sense of pulling your boots up and making the best of it, but in the sense of acknowledging that this is not all there is, that we’re working towards something infinitely better. 

I think that’s what fulfilling the law might mean. Not solely changes to human systems, but changes in humanity. And perhaps that makes some sense of the gospel line: “I’m come not to destroy the law, but to fulfil it.” Not just to fulfil prophecy; not just to improve legal processes, but to fulfil the immutable laws of humanity for which these two mothers – and so many others around them – work so tirelessly.  

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