Friday, 10 May 2013

Judge’s fury as quadruple murder suspect Anxiang Du’s court date adjourned

http://www.northamptonchron.co.uk/news/crime/judge-s-fury-as-quadruple-murder-suspect-anxiang-du-s-court-date-adjourned-1-5081539 
10 May 2013

Judge’s fury as quadruple murder suspect Anxiang Du’s court date adjourned
A court hearing for the Chinese businessman accused of stabbing a family of four to death in Northampton was adjourned today because there was no Mandarin interpreter sent to the proceedings.
The high court judge, Mr Justice Julian Flaux hit out at the outsourcing company providing the interpreters, Capita, labelling them “an absolute disgrace”.
During the hearing at Nottingham Crown Court, at which Anxiang Du was present, the High Court Judge explained he had asked for an interpreter to be booked. However, he said the firm indicated that it was not worth sending one as they “would not make enough money” from the hearing.
The court heard the firm had been ordered to send an interpreter, but when the hearing started at 2pm today there was no interpreter present and therefore no pleas were entered.
He said: “To say that the presiding judge of the court is annoyed about this is an understatement.”
Instead the case was adjourned for a fresh plea and management hearing to be held at Northampton Crown Court on July 19.
Judge Flaux also ordered a written explanation from Capita to give their account about today’s proceedings.
Du, aged 54, is accused of murdering university lecturer Jifeng “Jeff” Ding, his wife Ge “Helen” Chui and their two daughters, Alice, 12, and Xing, 18 in May 2011,
Judge Flaux indicated he would hear a potential trial on November 12, also in Northampton.
The Ding family were found stabbed to death at their home in Wootton on April 29 2011 - the day of the Royal Wedding.
Du, who wore a blue shirt at today’s brief hearing where he was flanked by five security officers, was formally arrested in February after being extradited to the UK from Morocco.
His extradition was approved by the Moroccan Ministry of Justice and the Home Office in the UK and he was flown back from Casablanca.
He arrived at Heathrow Airport and was taken into custody by the Metropolitan Police.
At a preliminary hearing at Northampton Crown Court just days later, Judge Rupert Mayo told Du he faced charges of the “utmost gravity”.
Judge Flaux said the original trial date was set for July 29 in Northampton, but because a circuit judge cannot try the case it had to be pushed back to November before a High Court Judge.
He told the court: “Unfortunately Judge Mayo had not appreciated that given the nature of the case, it was a case that wouldn’t be released to a circuit judge. It had to be tried by a High Court Judge.”
The Mandarin interpreter did eventually arrive at about 2.30pm, but the hearing had already been adjourned and she left the court precincts soon afterwards.







Tuesday, 7 May 2013

Language problems cause delays at Shrewsbury Crown Court

http://www.shropshirestar.com/news/2013/05/07/translation-problems-cause-delays-at-shrewsbury-crown-court/ 
May 7, 2013

Language problems cause delays at Shrewsbury Crown Court
A case at Shrewsbury Crown Court had to be adjourned twice after an interpreter could not be found, it was revealed today.
Barristers have blamed the problem on changes which have seen the centralisation of the service.
Courts can no longer book their own interpreters and have to deal with an organisation working on behalf of the Government.
It is part of a reform of criminal legal aid to cut costs that will see just nine law firms appointed to do criminal court work in Shropshire, with the public having no choice in who appears for them in a criminal hearing.
On Thursday, a three-day-trial due to be held at the crown court had to be adjourned for the second time in a week because a interpreter that had been booked for the defendant was not available.
Judge Peter Barrie apologised to the defendant and witnesses and said that because of centralisation of services, the courts were no longer able to approach translators directly.
Barristers Mr Ian Ball and Mr David Munro, said the difficulties were indicative of the government’s shake-up of the criminal justice system.
Consultation, under way over the Ministry of Justice document Transforming Legal Aid, will end in June.
Possible changes include fee cuts of up to 17.5 per cent, competitive tendering for legal aid contracts and clients no longer being able to choose their own defence lawyer.
Mr Ball said: “We are united in our fight against this.”
Mr Munro, of St Philips Chambers, added: “It will change the whole landscape of the justice system.
“The aim is to cut the number of criminal case solicitors’ firms in England and Wales from 1,600 to 400.
“Just 20 will be given contracts for the whole of the West Midlands and just nine for the West Mercia and Warwickshire region.
“The public will not have a choice and anyone charged with a criminal offence will be allocated a solicitor.”
The shake-up will also have a huge effect on barristers, both men agreed.
“Crown Court advocacy fees are being recommended to be cut by between 20 per cent and 30 per cent,” Mr Ball said.
“For some long court cases it will mean that barristers could earn just £15 a day.”
Kirsty Sewter from Capita, which has the contract for interpreter services, said: “When issues do arise, Capita has a robust management procedure in place that ensures all complaints are investigated."

Friday, 3 May 2013

Ipswich: Interpreter could face prosecution after trial collapses

http://www.ipswichstar.co.uk/news/ipswich_interpreter_could_face_prosecution_after_trial_collapses_1_2179145
May 3, 2013

Ipswich: Interpreter could face prosecution after trial collapses
AN interpreter is under investigation following the collapse of a trial after it was said she coached an alleged grievous bodily harm victim during his evidence.
The Tamil translator was heard from around 25 feet away by one of the three defendants in the Ipswich Crown Court dock as Niruban Amirthalingham was about to resume his testimony.
The female interpreter could now face a possible charge of contempt of court or perverting the course of justice.
Discharging the jury Recorder Peter Wallis said the translator was not reliable and the trial, which was in its third day, could not continue.
The accused Kallyugan Nallathamby, 27, of St Osyth Road, Clacton, Karunanidhy Nallathamby, 33, of Ellis Road, Clacton, and Thamathash Theivendram, 38, of St Osyth Road, Clacton, were released on bail pending a possible retrial. They had all denied causing Mr Amirthalingham grievous bodily harm during an alleged attack in Upper Orwell Street, Ipswich.
Recorder Wallis told the jury: “The translation received by the interpreter can not be relied upon. Therefore the evidence you have heard has been compromised.”
Crown Court trials are said to cost at least £3,000 a day.
The trial began to go wrong following its resumption after lunch on Tuesday.
Around five or ten minutes into the cross-examination of Mr Amirthalingham by Matthew Jewell, representing Karunanidhy Nallathamby, the barrister’s attention was drawn to his client wanting to speak with him.
Mr Jewell subsequently asked for an adjournment, and requested the jury, witness, and interpreter leave the court.
The barrister then told Recorder Wallis his client had heard the interpreter tell Mr Amirthalingham before the jury returned to court: “If you get a chance tell them they snatched the bar from you.”
At the time the interpreter had been standing next to Mr Amirthalingham, who was in the witness box in front of a microphone. Karunanidhy Nallathamby was in the dock wearing a hearing loop which is very sensitive to anything said in the courtroom.
The interpreter spoke in Tamil to Mr Amirthalingham, but no one else was said to have noticed anything untoward.
The case was adjourned while the digital recording was listened by the barristers and Karunanidhy Nallathamby.
Upon returning to the courtroom Mr Jewell said Nallathamby had pointed out the segment involved which was only partially audible, although the words “they snatched it from you” were heard.
The Crown brought its own interpreter to court yesterday to verify what was being alleged by Nallathamby.
Mr Jewell said: “He (the interpreter) translates it as ‘say it was snatched’.
Mr Jewell pointed out the court did not know what else may have previously been said between the interpreter and Mr Amirthalingham.
Recorder Wallis said on the face of things it was not merely contempt of court, it could be a case of perverting the course of justice.
Discussing what would happen to the trial interpreter prosecutor Mark Roochove said: “It’s for the prosecution authorities to determine.”
He added the matter was of “grave concern”.
The court heard a police officer was taking a statement from the female interpreter.