Prosecutors deploy special measures in child murder case

The court heard that Liam Fee died having suffered a blow to his abdomen. Rachel and Nyomi Fee had tried to blame the injuries on another boy.

The couple, originally from Tyne and Wear, were also found guilty of a catalogue of neglect and abuse charges against boys in their care after a seven week trial at the High Court in Livingston.

The wilful ill treatment and neglect of the two boys spanned two years.

Speaking after sentencing Jennifer Harrower, procurator fiscal for homicide and major crime said: “The evidence led in court was also extremely distressing for the jurors. As prosecutors, we take measures to mitigate the exposure of jurors to graphic material, whilst still ensuring the necessity that all relevant evidence in the case is scrutinised and tested.

“In this case, where possible, we used computer imagery rather than actual photographs to demonstrate the location of the injuries inflicted on Liam.”

The jury also heard extensive evidence from child witnesses which had been taken “on commission” – pre-recorded prior to the trial and then played to the jury in court.

It put the spotlight on the specialist approach taken by COPFS in dealing with young, often vulnerable witnesses.

Louise Gallacher, senior procurator fiscal, is one of the many specialists who deals with child witnesses.

“Before requiring a child to give evidence in court, we carefully consider the nature of the offence, the circumstances of the child and the potential effect of participating in the criminal justice system.

“Like witnesses of any age, all children are individual and can react differently to being involved in the justice system. That is why it is too simplistic to base a decision on a child giving evidence merely on their age. Children only give evidence in court as witnesses where what they have to say is essential to prove the charge. Highly trained prosecutors seek to minimise any upset or anxiety caused to a child, or any other vulnerable witness, as a result of involvement in a criminal case.

“All witnesses under the age of 18 are now entitled in law to be supported by special measures in court.

“This means we can reassure any child involved in a case that they can be protected from seeing the accused person, or even from being present in the court room if that is what they would prefer.

“Screens to block the accused in court, the use of a television link to give evidence and the assistance of a supporter are available for all children by right.

“If agreed by the court we can close the court room when a child is giving evidence, particularly when that evidence is of a sensitive nature. It is also possible for those in the courtroom to remove wigs and gowns, and for all to sit at the table in the courtroom with the child to hear their evidence and to take regular breaks.

“We have seen increased use, in complex and sensitive cases, of evidence of children being provided in the form of a prior statement or a previous interview, the recording of which can be played in court. The court can also authorise that the child witness has their evidence video recorded in advance of the trial to allow the child to give evidence at their own pace and comfort, without the formal court proceedings being impacted. Prosecutors receive specialist training on interview techniques designed to put children at ease and are aware of the need to make sure that questions are appropriately worded to make sure that the child understands and does not feel any undue pressure.

“Any case involving a child witness is referred to our Victim Information and Advice service to ensure that they are fully supported throughout the case. They are also referred to the Witness Service and can arrange a visit to the courtroom in advance.

“The steps which have been taken to put child witnesses at ease means that they can give evidence to the best of their ability which is to the advantage of all parties involved in the court process.”