The Justice for Carolina Action Group continues to seek a full inquiry into events as set out in the petition signed by 5,000 people and submitted to His Excellency the Governor, Sir David Steel and the Chief Minister, Fabian Picardo, on the 18th November 2021.

The resolution of the family’s complaint for professional misconduct by the Admissions and Disciplinary Committee last month did not deliver the answers this Group seeks. Those are broader in scope and would serve to improve public confidence in the justice system. 

Our view is that much remains to be determined, including that the acceptance of a plea for manslaughter was not in the public interest for various reasons, importantly the violent nature of the crime, the facts of which should have been put before a jury for its determination.

The DPP’s action seems to have prevented the application of the fundamental principle of justice that, when there is sufficient evidence, facts should be determined by a jury made up of one’s peers. A jury was denied by his decision the ability to determine the facts of one of Gibraltar’s most serious criminal cases in recent history, which could have resulted in a conviction for murder. 

The confirmation in the committee’s report that new evidence was discovered following the first trial in which Real Lishman was convicted for murder is of particular concern also. If evidence was withheld or overlooked, then the cause of and fault for that failing should be investigated and dealt with.

We reiterate our call for a full inquiry into events, specifically those matters not covered by the disciplinary hearing, which has a narrower remit in law.