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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Article
Comment
Conspiracy theory
Freedom
Justice
4 min read

Why free speech might just need a crime of passion defence

Horrific crimes against our humanity tell us we must protect our freedoms, not constrict them.

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

A protester stands with back to the camera, his baseball hat is turned backwards, it reads 'freedom'.
Gayatri Malhotra on Unsplash.

One of the silliest legal defences ever must be the “crime of passion”. Or crime passionnel, as the French knew it for centuries, which should really appear on a menu as one of those haute cuisine desserts they so adore, featuring poached passion fruits in Chantilly sauce: “Non, garcon, tenez-vous la Crepe Suzette. Aujourd’hui je voudrai la crème passionel, s’il vous plait. Et vite – ma femme arrive bientot.”

But to digress in a first paragraph is a crime journalaise, which incidentally is a piece of Franglais that should apply to everything in Le Figaro. So back to crimes of passion. The idea was that an act of spousal infidelity could arouse such a passionate rage that the romantic interloper deserved what they got. First-degree murder could be downgraded to manslaughter, because obviously there can be no malice aforethought in the heats of passion. 

The crime of passion’s bastard offspring is the “gay panic defense”. Note the tell-tale “s” there (though, breathtakingly, interpretations of this defence remain available in both the UK and the US). It runs that a defendant may allege to have found a same-sex sexual advance so offensive or frightening that they were provoked into murdering or otherwise injuring their alleged seducer. Victim-blaming or what?  

Anyway, we might want to dust off crime of passion defences because a leaked report from the Home Office suggests that the definition of extremism in law could be extended to cover “extreme misogyny”, “environmental extremism”, “left-wing, anarchist and single-issue extremism” (it even has its own acronym, LASI) and “conspiracy theories”. 

Now, I’m all for catching misogyny before anyone gets hurt, but all these things are covered by existing laws. And some of them are just plain bonkers. Were I to be charged with holding an extremist environmental opinion or an extreme left-wing, anarchist or single-issue view, I think I’d want to say that it was a crime of passion.  

By which I would mean that there was no malice aforethought because I was acting in the heats of passion for my cause at a time when my balance of mind was impaired. Otherwise, I could get nicked for simply thinking or saying something. Sticks and stones and all that.

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things.

To adopt Serious Face for a moment, I’m aware that hate crimes are a very big thing indeed. How could it be otherwise when we’ve just commemorated Holocaust Memorial Day. And we’ve also the other week had the sentencing of someone – I wouldn’t even spellcheck his name – for the murder of three little girls in Southport. 

But horrific crimes against our humanity tell us we must protect and defend our freedoms, not constrict them. We want to prevent murders, not the saying or thinking of both silly and vile things. Our concentration should be on that prevention, not the forbidding of attitudes that might (but probably won’t in the vast majority of cases) lead to a violent crime. 

Don’t get me started on Non-Crime Hate Incidents (NCHIs). Oh, you just did. Telegraph columnist Allison Pearson was visited by police last Remembrance Sunday and, surprisingly for someone who has built a career on telling snowflakes to grow a spine, came over all oppressed and persecuted. They were following up a photo she’d posted, claiming it was of Metropolitan Police posing with what she called “Jew-haters” at a London rally in support of Palestine. 

In reality, the photo was taken in Manchester and featured Pakistanis, not Palestinians. There was a clue in their flag having “Pakistan” written on it. But that makes her not a very good journalist. Not a bad, far less a criminal, person. 

A saying usually ascribed to St Augustine, in one of his letters, is that we are to “hate the sin and love the sinner”. Similarly, we must try to hate the crime, but love the criminal. That must remain humanly impossible for the crimes already mentioned in this column. (Though, astonishingly, history records some Jews finding it in their hearts to forgive their Nazi persecutors). 

But we acknowledge that this is where the gospel bar is set. We’re to love our enemies, even if we don’t like them and we condemn their actions. In practice, that means preventing crime in law and holding perpetrators to justice. What it does not mean is going after people who say hateful and stupid things, while other people are actually doing hateful things. The former may and should be about sound intelligence gathering; the latter is effective policing. 

This principle is rooted in our culture, founded on the golden rule of loving our enemies and our neighbours as ourselves. There’s always room for forgiveness as well as justice, as crimes of passion demonstrate.  

And if that sounds recklessly self-sacrificial, we might look at the Passion of Christ and the crimes of passion that were committed during it. As he said himself, tout est accompli.  

 

* "No, boy, hold the Crêpe Suzette. Today I would like the passion cream, please. And quickly – my wife is coming soon." 

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Graham Tomlin

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