I was thinking a lot last night about the decision of the court to release the note. The more I think about it the more surprised I am by it. To be honest I'm quite shocked and a little alarmed about it.
A court choosing to release evidence during the course of a trial is, as far as I'm aware, unprecedented in Britain. Moreover, it was done at an extremely early stage. You could say that it isn't even evidence yet as it is only something which the prosecution has mentioned in it's opening statement.
The note has not been tested in court, by which I mean, there has been no critical examination of it by the defence as they have had no opportunity to question when it was written; where it was written; why it was written; under what conditions it was written or, indeed, the mental state of LL when she wrote the various parts of it.
What would the situation be if at some point three months down the line some question as to the nature or validity of that evidence were raised and it was decided that the prosecution were not going to/could not use that item for whatever reason? How could that not be considered as anything other than highly prejudicial to a fair trial?
At the point at which is was released we were three days into a potential six month trial and we are already two jury members down. There is a very reasonable chance that this trial may have to be abandoned at some point, perhaps after several months, and a new one started. How could any future court consider such evidence not to be potentially highly prejudicial to a fair trial when it has been raked over in the public domain for weeks and weeks?
We are constantly reminded of potentially severe penalties for publishing things which could amount to Contempt of Court and, hence, could prejudice the administration of justice. Yet, it almost seems like the Court itself is doing precisely the things the law is saying should not be done!
I've said on several occasions that this whole story has been one mind blowing surprise after another - I do wonder what on earth the next one is going to be!