Friday, 2 August 2024

R v Axel Muganwa Rudakubana ~ Southport attack, Serious Disorder

Southport Pier

At Liverpool on 1 August 2024, Axel Muganwa Rudakubana (aged 17) was remanded to youth detention accommodation. He is charged with the murders of Bebe King (age six); Elsie Dot Stancombe (age seven), and Alice Dasilva Aguiar (age 9). He is further charged with the attempted murders of ten  others (8 children and 2 adults) and also with possession of a bladed article. The alleged offences occurred at a dance class at the Hart Space in Southport.

The Honorary Recorder of Liverpool (HHJ Andrew Menary KC) ruled that the young person could be named - see Youth Justice and Criminal Evidence Act 1999 section 45 (legislation.gov.uk). Certain other reporting restrictions apply.

A plea hearing was set for 25 October 2024. Any trial will be in 2025 and a potential trial date of 20 January was set - Live updates as Southport stabbing suspect named in court - Liverpool Echo

There was considerable online misinformation about the identity of the suspect who was actually born in Wales and is not an asylum seeker.

The Prime Minister:

Serious violence took place not only in Southport but also in many other locations and itwas condemned by Prime Minister Sir Keir Starmer - see Prime Minister Keir Starmer's statement in Downing Street: 1 August - GOV.UK (www.gov.uk)

Starmer began by calling on everyone to give the families space to grieve and to allow time for the Merseyside authorities to do their job. 

He then said that "there will be a time for questions" and "we will make sure that the victims and families in Southport are at the heart of that process." 

"The families are owed justice and while there's a prosecution that must not be prejudiced."

"For them to receive the justice that they deserve the time for answering those questions is not now.  And I remind everyone that the price for a trial that is prejudiced Is ultimately paid by the victims and their families who are deprived of the justice that they deserve."

Starmer was of course referring to the right any ANY accused person to a fair trial which is a key right of everyone who is charged, no matter how serious the offences. This right, developed by our own common law, is one to be protected and continues to be at the very heart of criminal legal process.

The Prime Minister then outlined that he had held a meeting with "senior police and law enforcement leaders" and that "a national capability, across police forces" would be established "to tackle violent disorder."  There will be "shared intelligence, wider deployment of facial recognition technology" and also "preventive action – criminal behaviour orders - to restrict movement of individuals."

Starmer finally said, "And let me also say to large social media companies and those who run them… Violent disorder clearly whipped up online… That is also a crime ... It’s happening on your premises ... And the law must be upheld everywhere." 


The detail of any action to be taken by government remains to be seen including whether government brings forward further criminal justice legislation. 

Concerns:

Protecting public safety and upholding the criminal law is a fundamental duty of government. That said, there are clearly widespread concerns within the country though much goodwill exists as shown by this report Small acts of kindness show how the people of Southport will not let violence win | UK News | Sky News



Image: Communities working together to Rebuild mosque wall in Southport after the disorder

Concerns within the population include the difficult and unresolved issue of asylum-seekers and this appears to be providing an excuse - certainly not a justification - for those intent on violence to act.

Prior to the general election (4 July), the Labour Party's manifesto said - 

"Labour will turn the page and restore order to the asylum system so that it operates swiftly, firmly, and fairly; and the rules are properly enforced. We will hire additional caseworkers to clear the Conservatives’ backlog and end asylum hotels, saving the taxpayer billions of pounds. Labour will set up a new returns and enforcement unit, with an additional 1,000 staff, to fast-track removals to safe countries for people who do not have the right to stay here. We will negotiate additional returns arrangements to speed up returns and increase the number of safe countries that failed asylum seekers can swiftly be sent back to. And we will also act upstream, working with international partners to address the humanitarian crises which lead people to flee their homes, and to strengthen support for refugees in their home region."

Since the election, Labour has made it clear that the government will NOT take the UK out of the European Convention on Human Rights. That commitment is welcome and, in any event, leaving the convention would not have any impact on the asylum problem but may well cause serious problems in other areas. It also appears that the Conservative government's expensive Rwanda Scheme is abandoned. 

Further developments are awaited but the government is not short of advice:



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