Article
Comment
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
Life & Death
Politics
7 min read

Grenfell: a tale of two towers

The Inquiry offers an opportunity to change the way we treat each other

Graham is the Director of the Centre for Cultural Witness and a former Bishop of Kensington.

A wrapping around the Grenfell Tower bears a giant green heart.
The Blowup on Unsplash.

Graham Tomlin was Bishop of Kensington at the time of the Grenfell Tower fire. This is the first of a short series of articles reflecting on this milestone in our national life. 

The Grenfell Inquiry report is brutal. None of the companies involved in the renovation of Grenfell Tower escape. Arconic, Kingspan, Rydon, Celotex, Exova and many others – all have a lot to answer for.  Listening to the statement by Sir Martin Moore-Bick and reading the report, words such as ‘failure’, ‘dishonesty’, ‘misleading’, and ‘defective’ sounded like a tolling bell throughout his account.   

This was a tragedy that was decades in the making. Reports came out, warnings were issued and routinely ignored. A government which led a campaign of de-regulation without looking at the consequences for safety, a local council that failed to plan ahead for such an event, a tenant management organisation that treated the tenants they were supposed to serve with disdain, all played their part. The construction industry fared even worse. A culture of unholy competition, ‘value engineering’ (another term for deception), cost-cutting, a scramble for market share all took precedence over the safety of the people who were going to live in the newly clad flats of Grenfell Tower.  

In the past, initial reports such as those on Bloody Sunday in Northern Ireland and on the Hillsborough disaster, were weak affairs, failing to listen to the voices of victims, too careful to preserve the status quo, only leading to further anger, and further reports which finally began to address the key issues. This report has not pulled its punches – perhaps because they kept the human side of the tragedy in mind throughout. 

In the early stages, in an inspired move, the Inquiry decided to offer an opportunity for bereaved family members to simply describe the people who died in the fire. It was intensely moving as the richness and colour of each person was described, celebrated and mourned. As a result, this Inquiry has never quite lost the human nature of this tragedy and I suspect that is why its results have been so hard-hitting. 

No blame for the victims - instead he demands a radical national repentance, a re-examination of deeper social and spiritual trends, and for a radical turnaround of attitude. 

Jesus and another tower 

Remembering the human scale of the disaster is vital, yet in itself, it does not lead to change. At one point in his public teaching, Jesus was asked about another disaster involving a tower which led to the tragic death of a large number of people. At some point during Jesus’ time in Jerusalem, it seems a tower collapsed in a part of the city called Siloam, killing 18 people. This tragedy clearly had a significant impact across the nation, and people started asking what it meant, and what it said about the society in which they lived.  

Jesus' words were harsh:

“Those who died when the tower in Siloam fell – do you think they were more guilty than all the others living in Jerusalem? I tell you, no! But unless you repent, you too will all perish.’”

No blame for the victims - instead he demands a radical national repentance, a re-examination of deeper social and spiritual trends, and a profound change of mindset. If they don’t, such disasters will continue to happen. When disaster strikes, it doesn’t say anything much about those caught up in it, but it does give us an opportunity to take a good look at ourselves.  

Jesus said that the two most basic commandments, the things we should set out to do every day of our lives, were to love God and to love our neighbour - who is deserving of love because they are first made and loved by God. The Grenfell story is an object lesson in what happens when those commandments get ignored. This is what happens when these commandments are superseded by other imperatives, such as to increase market share, to beat the competition or to safeguard the reputation of our own organisation.  

Grenfell was the result of a culture that has become so individualistic that we have lost sight of the fact that we are our brothers’ (and sisters’) keepers, that we have a responsibility for each other, and that we find purpose and meaning in loving our neighbours as we love ourselves, whoever they happen to be. I am sure that the employees of Arconic, Rydon, Kingspan and the Tenant Management Organisation of RBKC, would have done anything they could to ensure that they and their families enjoyed a safe and secure home. They simply failed to do that for those they were meant to serve through their work. They took care of themselves and their own. They lost sight of the people their work affected. They did not take care of their neighbour.

It is the individuals and institutions that have the resilience and flexibility to face up to failure, learn the lessons and to be open to change which ultimately excel. 

What happens now?  

Matthew Syed’s 2015 book Black Box Thinking looked at responses to catastrophic failure. He contrasted the approach of the medical profession with the aviation industry. Too often, he argued, when an error is made in the world of healthcare, the instinct is to cover up failure for fear of litigation or in order to protect reputations. As a result, he suggested, the same mistakes are often repeated, which means that thousands of people continue to die in hospitals every year due to preventable error. When a plane crashes, however, the ‘black box’ is recovered, data painstakingly analysed, and no stone is left unturned in order to determine the exact causes of the disaster to make sure that it never happens again. As a result, plane travel has become one of the safest means of transport we have.  

The companies and organisations that were meant to protect the residents of Grenfell failed in that duty. Yet the moral of Syed’s story is that failure is not something to be feared — but an opportunity to change. It is the individuals and institutions that have the resilience and flexibility to face up to failure, learn the lessons and to be open to change which ultimately excel. It is what the Christian church calls confession and repentance – the willingness to admit when we have got something wrong, bear the consequences, ask for forgiveness, resolve to learn from the error of our ways and to become a better person through it. Repentance is not wallowing in self-pity or hiding in a corner from the wagging finger of guilt; it is an invitation to honesty, to growth and to transformation.  

Those responsible will need to face justice. Yet if we allocate blame, punish the guilty, and then carry on as before, then there is no guarantee that something like this will not happen again. We might issue new types of building regulations, or safety measures in construction, but even that would not be enough. The kind of repentance that Jesus, and indeed the Grenfell Tower fire calls for is deeper - a radical look at the way we live together in our society.  

This involves all of us. As Andrew O’Hagan put it in a long article soon after the fire in the London Review of Books:

“In all the loosening of cares and controls and emergency services, it’s not just the current government but a succession of them that lie behind those deaths, and who, if not all of us, voted such vulnerability into existence? No one did well. If civic life is dead, with a 24-storey tombstone beside the Westway, it died in the times in which we too lived, and by the values we lived by. The point of a society, if we have one, is that when bad things happen, it’s everybody’s concern.” 

Grenfell is such an opportunity that we dare not let pass. If we carry on as normal, with our atomised individualism, our addiction to comfort, our spiritual poverty, our disregard for our neighbours, we would miss a huge opportunity to address some of the deeper issues in our life together, not to speak of refusing to heed the call of Jesus for true repentance.

In his statement in the House of Commons, Keir Starmer pledged a “profound shift in culture and behaviour.” I hope - and pray - this is what happens. Yet it will take more than changes to building regulation and for safety. It needs spiritual and not just political change, as I’ve argued here before. It would mean each of us looking at ourselves, and the cultures of the organisations of which we are a part (yes - including the church), and responding to the call to love God – to re-orient our lives around something, someone bigger and better than us – and to love our neighbours as much as we love ourselves. What if Grenfell sparked a fundamental change back to that more connected vision of who we are and what we are here for? Grenfell - and this report - is a shock to our system. Let us not waste it. 

 

Listen to Graham discuss Grenfell on BBC Radio 4's PM programme.