Lord Janner will face sexual abuse charges after the Director of Public Prosecutions Alison Saunders' decision was overturned. The review done by an independent QC calls for Janner to face the trial of facts despite his dementia.
The ex-Labour MP made headlines earlier this month after his letter to the late Michael Jackson, congratulating the latter for his acquittal on child sex charges, resurfaced.
This time, the frail, 86-year-old politician will face a trial of facts for the accusations against him related to sexually abusing a number of children.
Janner is suffering from a severe dementia, which prompted Saunders, the DPP not to bring criminal charges against him despite the evidences that clearly point Janner have committed sexual crimes, The Independent reports.
However, many were against the DPP's decision because failing to charge Lord Janner meant that there were no trial of facts which resulted in challenging the DPP's decision by alleged victims in a formal process known as the right to review.
The appeal led an independent QC to review the decision who concluded that Lord Janner should face a trial of facts.
Defendants who are found unfit to face trial is not tried in the usual way, but they will be tried in a trial of facts.
In a "trial of facts", the jury will decide based on the proofs and testimonies presented by the prosecution lawyers and by lawyers appointed by the court for defense - to examine whether the defendant did the acts that were charged against him. In this kind of trial, the defendant cannot put forward a defense, Janner will not testify. The court cannot give a verdict of guilty or pass a sentence, but they can make a hospital order, supervision order, or an absolute discharge order, The Guardian has learned.
Many were happy with the recent development of Lord Janner's case among these are the alleged victims.
Liz Dux, a lawyer from Slater and Gordon, representing a number of victims said that her clients were delighted for the decision.
She said, "All they have ever wanted was to give their evidence in a court and have findings of fact established. They have been denied this right for many many years but now their faith in British justice is restored and they look forward to being listened to after so long."
David Davis, the conservative MP and former shadow of home secretary agreed with the decision for trial of facts and expressed his disappointment why Saunders did not come up with the same conclusion.
"It is hard to know why she decided not to have a trial of the facts in the first place, only to decide to do so after the huge political furore," Davis said. "This has been a terrible process which has prolonged the misery not just for the alleged victims but also for Janner and his family."
The embarrassing U-turn decision not to charge Janner with child sex abuse allegations is giving Saunders mounting pressure to resign.
