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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 

  

Column
Comment
Conspiracy theory
Football
Sport
5 min read

Football in the age of conspiracy theory

More politics in football is driving distrust and mis-information
A football support protest banner depicts The Muppet Show logo, a meeting of men in suits and various slogans.
A Manchester City supporters' protest banner.
r/MCFC.

In 2008, Manchester United sign footballers Fábio da Silva and Raphael da Silva. They are twin brothers. Confusion follows. In 2009, referee Chris Foy seems to show a yellow card to Fábio for a foul committed by Rafael in a game against Barnsley. I’m still not sure who actually makes the tackle.  

Then-manager of the club Sir Alex Ferguson admitted he often confused the two players. When Rafael was suspended for a game, Ferguson joked about playing him anyway, and just saying it was Fábio. “They wouldn’t know. Their DNA is probably the same,” he said. 

Perhaps that’s how the rumour started.  

Football is a game of small margins; minor gains can make for huge advantages. Few managers have understood this as well as Ferguson, a man who would do anything to make the most of marginal gains. Up to and including ‘bending’ the rules a little, if needs be. (Allegedly; if the lawyers are reading).  

It’s perhaps not unsurprising, then, that there is an old conspiracy theory that Ferguson would swap the brothers at half-time to get an extra substitution. “They wouldn’t know. Their DNA is probably the same.” It’s the kind of thing Ferguson would do.  

Allegedly. 

Conspiracies have a long history: the earth is flat; Paul McCartney died in 1966; pigeons are actually government CCTV cameras.  

I love weird footballing conspiracy theories. They’re ultimately harmless, and so implausible that they make me chuckle. But recently, it feels as though there’s been a sharp upturn in the amount of conspiratorial thinking surrounding football’s public discourse.  

Everything is a conspiracy now; all 20 premier league clubs seem to be the alleged victims of some conspiracy or other to stop them from winning the title. At least one of them is proved wrong each year.  

Every red card, disallowed goal, throw-in, and foul is now viewed as yet another part of the establishment’s ongoing plan to sabotage your club. Why they’d want to sabotage your club in particular is never made manifestly clear. That’s besides the point. The plan is obvious enough if you look for it; never mind the motivation. 

Football doesn’t help itself at times. For example, the decision to allow Manchester-based referees to referee Manchester-based football teams is simply baffling (and, as is often overlooked, simply unfair on the referees who then have their integrity called into question).  

It’s now public knowledge that Michael Oliver earned considerable money refereeing private games in the United Arab Emirates. And so, when he failed to send off Manchester City’s Mateo Kovačić for two seemingly nailed-on second yellows in a game against Arsenal on 8th October 2023, you can forgive people for joining the dots and making the connection to City’s UAE owners. 

Even when there’s no grand conspiracy, giving people a reasonable excuse to crack out the tin foil is just dumb. 

Of course, none of this is unique to football. Conspiracies have a long history: the earth is flat; Paul McCartney died in 1966; pigeons are actually government CCTV cameras. All the hits. Again, a lot of them are just comically harmless.  

The ship has sailed, and as long as football remains a political plaything, the same distrust in our political authorities will lead to distrust in our footballing authorities. 

But many aren’t, and these more malignant conspiracy theories seem to be becoming more prevalent and more dangerous. America saw an unprecedented attack on its democratic processes and institutions on January 6 2021; at the hands of its still-technically-then-President, no less. Allegedly. Elsewhere, numerous people declined the Covid-19 vaccination because of misinformation about its effects, a worrying repeat of the vaccines-cause-autism nonsense of the 1990s.  

In the aftermath of the horrific murder of three young girls in Southport on 30th July 2024, numerous people wrongly identified a Muslim immigrant as the alleged attacker. This led to widespread riots across the UK involving attacks on mosques and asylum seeker accommodation. As I write this from my home in Liverpool, a community library down the road is still waiting to be reopened after it was burned down amidst claims it was giving Qur’ans to children. It was not.  

Nigel Farage still refuses to apologise for claiming ‘the truth’ was being withheld from the public. 

But the thing is some conspiracies turn out to be true. There was a conspiracy involving the state and South Yorkshire Police to blame fans at the Hillsborough disaster in 1989 for the death of (now) 97 people at the match; that is now undeniable. And the times when conspiracy theories turn out to be accurate only serve to enflame and empower the others. 

Conspiracy theories kill people. And so, it seems distasteful to draw any sort of line from using twins to mask extra substitutions to terrorist rioting in the aftermath of three young girls being stabbed to death. But, these are two extremes of the same kind of behaviour made possible for the same reason: declining trust in established authorities.  

This is not to say we need to ‘keep politics out of football’. That’s not possible, even if we wanted to. It will always seem disingenuous to me that the same people who were against football players taking the knee in support of Black Lives Matter also seem very happy to sing the English national anthem at the FA Cup final. You can’t have politics when its suits you; when it’s comfortable for you. 

No; football is a political entity now, whether you like it or not. MPs performatively support the England national team during major tournaments to win votes; The UK government is seeking to introduce an independent football regulator; Prince William is president of the FA; Nation-states own football clubs. Allegedly. 

The ship has sailed, and as long as football remains a political plaything, the same distrust in our political authorities will lead to distrust in our footballing authorities.  

But the inverse is true now, too. Football’s pervasive presence in society offers an opportunity for football fans to be the best of us; to model a culture wherein institutional authorities are trusted and – more importantly – deserve to be trusted.  

If I’m being honest, whether I’m watching it on the telly or in the ground, I am often at my least Christ-like when the football’s on. There I am: accusing the referee of all sorts, calling the linesman any manner of unspeakable things because he gave a throw-in to the opposition, even if it’s the right decision. There I am: contributing to the very culture of distrust that characterises so much of public life nowadays.  

I have, I think, a genuinely ethical responsibility to stop behaving like that when watching the football. It won’t stop idiots from rioting, and it won't stop Donald Trump and Nigel Farage from lying. Allegedly. But it might just help contribute to a culture wherein those acts are increasingly harder to commit. A culture where trust and hope become genuine options again.