Police resume search for Keith Bennett's remains - BBC documentary

[gordondaviesmoustache]

The solicitor should be forced to hand over everything in his possession belonging to Brady, I’ve watched both interesting episodes because Mr KB used to go to school with Keith so he remembers the family and used to play round their house.
We would love to find Keith for his family but I don’t think we can force the solicitor to hand over the rest of Brady’s book and belongings it’s such a long time ago and Brady took his vile mind to his grave.
If there is hellfire he’s in their with the rest of the depraved humanity for eternity.

It will be hard to hear I’m sure, but the overarching principle of legal professional privilege is more important (imo) than the forced release of that material. This is a principle that has applied for centuries and its purpose is two fold.

Firstly it means clients can freely discuss matters with their legal representatives in order that the best advice can be given. Secondly it reinforces the bond of confidentiality in relation to matters that are discussed between a lawyer and their client which is in the broader interests of justice. People need to have confidence that matters that are discussed with their lawyer will not be disclosed to third parties.

The principle applies after the death of the client, and whilst there are certain exceptions eg where the advice is sought to commit a crime, or someone will be in danger if the matter isn’t disclosed, I don’t expect either will apply here, sadly. The client can waive that privilege at any time (as it’s their privilege to waive) but again this cannot apply here because Brady is dead.

It’s far from a perfect scenario but the solicitor will be professionally restricted from disclosing the contents to any third parties and to compel them to do so would be contrary to a long standing and sacred principle and if not unlawful, then certainly impermissible.

 

[DTKOAG]

I also watched both parts simultaneously.
The work that Duncan Staff has put into this would be rewarding if these missing pages are indeed handed over and the info on the whereabouts of Keith Bennett is finally resolved.

 

[normskih]

It will be hard to hear I’m sure, but the overarching principle of legal professional privilege is more important (imo) than the forced release of that material. This is a principle that has applied for centuries and its purpose is two fold.

Firstly it means clients can freely discuss matters with their legal representatives in order that the best advice can be given. Secondly it reinforces the bond of confidentiality in relation to matters that are discussed between a lawyer and their client which is in the broader interests of justice. People need to have confidence that matters that are discussed with their lawyer will not be disclosed to third parties.

The principle applies after the death of the client, and whilst there are certain exceptions eg where the advice is sought to commit a crime, or someone will be in danger if the matter isn’t disclosed, I don’t expect either will apply here, sadly. The client can waive that privilege at any time (as it’s their privilege to waive) but again this cannot apply here because Brady is dead.

It’s far from a perfect scenario but the solicitor will be professionally restricted from disclosing the contents to any third parties and to compel them to do so would be contrary to a long standing and sacred principle and if not unlawful, then certainly impermissible.

I understand everything that you have written. This won’t help the family of Keith Bennett but is there a time limit after death that anything in these papers can be disclosed?

 

[gordondaviesmoustache]

This won’t help the family of Keith Bennett but is there a time limit after death that anything in these papers can be disclosed?

It won’t, and sadly I don’t think so. I think the executors of the estate can waive the deceased’s legal privilege but knowing how manipulative and calculating Brady was he’ll have had that boxed off so he could have control beyond the grave. Horrible, evil ****.

Only possible answer would be a change in the law because statute will obliterate all other law and convention in its path, but great care would need to be taken imo. If that overarching principle was undone in any way it would be a huge mistake.

 

[normskih]

It won’t, and sadly I don’t think so. I think the executors of the estate can waive the deceased’s legal privilege but knowing how manipulative and calculating Brady was he’ll have had that boxed off so he could have control beyond the grave. Horrible, evil ****.

Only possible answer would be a change in the law because statute will obliterate all other law and convention in its path, but great care would need to be taken imo. If that overarching principle was undone in any way it would be a huge mistake.

Thanks for your reply GDM and you’re not wrong there.

 

[johnnytapia]

As prescient now as it was in ‘83.