Tony Lenehan, the defence lawyer for the 'Jekyll and Hyde killer' David Campbell, has spoken about the murder trial as a new BBC documentary offers viewers unprecedented access inside Scotland's High Courts. In an interview with Reach PLC, Lenehan revealed what it was like having cameras in the courtroom and what surprised him most about the case.
Widow's dignity stood out
As a veteran of high-profile murder trials, Lenehan admitted one thing has stuck with him from the trial: "Professionally I can't really comment on the personalities involved. But I think I would be allowed to say that there was a particular dignity about the widow of the deceased man, which was impressive in this case."
He said this case was unusual, with a "particularly uncommon story lying behind these events," which viewers will see play out in the programme. With a fairly straightforward trial, Lenehan added: "I don't think anything would surprise people from that point of view, but I think the events lying behind this were extraordinary."
Why defend the accused?
When it comes to the biggest challenges in a courtroom, Lenehan said it is striking a balance between providing witnesses with "sensitivity and respect" while "fearlessly defending whichever accused I have been sent to defend on that occasion."
Explaining why he defends those accused of serious crimes, Lenehan said: "You can do that because everybody deserves representation. If no one represented people in these difficult or unpleasant cases, then the risk of miscarriages of justice would be enormously higher. If people were forced to defend themselves then I am confident that witnesses would not enjoy the end result."
Concerns about public perception
With suspects often being "poor communicators" or having mental health complications, Lenehan believes "abandoning them to speak for themselves doesn't sound like a route towards a robust system of justice." He added: "It's not up to me to decide I think someone's done it. If there is very strong evidence in a case then part of my professional responsibility is to let the accused person understand that a trial is not the best way forward."
He noted that many cases never go to trial because he or colleagues assess the evidence and let the accused understand that an adjusted plea may be a better path. Lenehan also expressed concern about how defence lawyers are viewed: "My worry is that people come to it from a position of cynicism, thinking that the lawyers are closer to the accused people than they actually are and that the lawyers are purely the servants of the accused person rather than in fact being a servant to the court."
Murder Trial: Death of a Dog Walker is available to stream on BBC iPlayer, with episodes airing on Wednesdays at 9pm on BBC Two.
