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Blunders could have freed killer

8/ 7/2002

HAROLD Shipman very nearly walked free from court on two occasions.

Huge blunders - made by Rock FM and the British Medical Association - nearly wrecked the Preston Crown Court trial and would have meant Shipman could not, at the time, be proved guilty in a fair manner - it's doubtful whether he could have then received an impartial retrial, in the eyes of the law.

A Rock FM radio presenter told listeners the medic was guilty, six weeks before the verdict.

The BMA sent out details of Shipman's drug abuse criminal history, also before the case was over.

Both are contempt of court - both would have led to a mistrial and release if the jury had known about them.

Mr Justice Forbes told BMA solicitors: "The outrage and horror that the public would have necessarily have felt cannot possibly be exaggerated."

Meanwhile, in December 1999 Mark Kay told his radio listeners: "Did you see the Harold Shipman trial?

"We have to be delicate because its ongoing, I am supposed to be delicate, but I don't care. We all know Shipman is guilty as sin.

"Why don't we save the taxpayer a lot of money and end the trial now?"

This came as travel presenter Judith Forbes cried 'Guilty, guilty' in the background.

Kay and Forbes were hauled to the dock to face Mr Justice Forbes.

When the judge asked did he know the consequences, Kay said: "There would be a fine."

The judge immediately corrected him. "Don't limit it to a fine, Mark Kay.

"It would not surprise me if it were not imprisonment for a short time, just to bring home the seriousness of the matter."