Murder trial witness to wed accused

A MAIN witness at a murder trial was yesterday given the go-ahead by judges to marry the accused — and now she does not have to give evidence against him.

Prosecutors had fought this week to stop the wedding before the trial because they claimed the defendant was trying to take

advantage of the law which says spouses cannot be compelled to testify against one another.

On Monday, they succeeded at the High Court when a judge ruled the marriage could be seen as an attempt to pervert the course of justice and that this constituted a "lawful and just impediment".

But yesterday the Court of Appeal overturned the decision, with Lord Justice Waller declaring: "Entering into lawful marriage could not be said to be perverting or attempting to pervert the course of justice."

The three appeal judges refused the Crown Prosecution Service permission to take the case to the House of Lords, but they did put a stay on their decision until the CPS could approach the Law Lords for permission.

The length of the stay could mean that the prisoner, who cannot be named, will marry this month and the day after, spend his honeymoon with his new bride at his own murder trial.

On Monday, Mr Justice Maurice Kay ruled that the Registrar General for Births, Marriages and Deaths could refuse to issue certificates for the prison wedding because there was a "lawful impediment" the marriage would enable them to pervert the course of justice.

Yesterday, the Registrar claimed at the Court of Appeal that he had an absolute duty under the Marriage Act to issue the certificates even if he knew that the sole motive was to escape justice.