Overturning an acquittal without hearing the decisive witness, despite doubts about his credibility, violated fair trial rights

In the case of Brunell and McArdle v. the Netherlands, the Court of Human Rights held that there had been a violation of the right to a fair trial.

The case concerned the criminal proceedings against Mr Brunell and Mr McArdle for charges of manslaughter and unlawfully disposing of a body. After first being acquitted of manslaughter, they were convicted on appeal without the Court of Appeal directly hearing the witness who had incriminated them.

• Press release