Ken Macdonald

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Sir Kenneth Donald John Macdonald, QC (born 4 January 1953) was Director of Public Prosecutions (DPP) of England and Wales (2003–2008).[1] In that office he was ex officio head of the Crown Prosecution Service. He was previously a recorder (part-time judge) and defence barrister.

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[edit] Early life

Born on 4 January 1953[2][3] in Windsor, he attended Bishop Wordsworth's School in Salisbury, Wiltshire.[citation needed] He read PPE at St Edmund Hall, Oxford from 1974 to 1977.[4] During his time at Oxford he was convicted of supplying cannabis after sending 0.1 g of the drug through the post.[5] He pleaded guilty, and was fined £75.[5]

[edit] Career

He became the first pupil of barrister Helena Kennedy,[5] was called to the Bar by the Inner Temple in July 1978[6] and became a Queen's Counsel in 1997.[7] As a junior barrister he defended a number of terrorist suspects (both Provisional IRA and those from the Middle East), fraudsters and major drug dealers, he was also on the defence team for the Matrix Churchill trial.[5] In the late 1990s, he was a co-founder of Matrix Chambers (a set of barristers' chambers specialising in human rights cases) with Cherie Booth and Tim Owen QC.[5] In 2001 he became a recorder (a part time judge) in the Crown Court.[8]

[edit] Director of Public Prosecutions

In August 2003 it was announced that Macdonald would succeed Sir David Calvert-Smith as DPP in October of that year.[9][10] The appointment was immediately denounced by Opposition spokesmen as "rampant cronyism" and a "provocative appointment" due to Macdonald's business relationship with Cherie Booth (wife of then Prime Minister Tony Blair) and his lack of prosecution experience.[9] Government officials, including both the Attorney General and Solicitor General defended the appointment as it had been made by an independent board consisting of First Civil Service Commissioner Baroness Prashar; Sir Hayden Phillips, Permanent Secretary at the Department for Constitutional Affairs; Sir David Omand, Permanent Secretary, Cabinet Office; and Sir Robin Auld, Lord Justice of Appeal.[9][11] A few days after the announcement the press uncovered details of his earlier conviction, sparking fresh controversy.[5][10] Macdonald also clashed with then Home Secretary, David Blunkett over the latter's plans for longer prison sentences, describing their likely effect as 'grotesque'. This provoked further press coverage.[12][13] Not all coverage was so negative, with a fellow lawyer, David Pannick QC, writing in The Times defending Macdonald's appointment, and attacking the tabloid campaign against him;[14] Macdonald's predecessor also dismissed the relevance of the drugs offence;[15] and a report in The Independent also found support for the appointment from within the legal system.[16]

As DPP, Macdonald established the Counter Terrorism Division, the Organised Crime Division, the Special Crime Division and the Fraud Prosecution Service. In office, he often took positions which were critical of the government. For example, he opposed ministers' rhetoric around the 'War on Terror', preferring to see terrorist attacks in the UK as law enforcement issues. He was prominent in criticising government attempts to extend pre-charge detention to 42 days, arguing that due process protections should not be undermined and that the reform was unnecessary. Near the end of his term, leaders in The Guardian[17] and The Times[18] were strongly supportive of his record in office. In his last month in office he warned against excessive use of surveillance powers being introduced by the government, saying: 'We should be careful to imagine the world we are creating before we build it. We might end up living with something we cannot bear.' [19]

He was awarded a knighthood in the 2007 New Year Honours.[20] He retired as DPP on 31 October 2008, returning to private practice at Matrix Chambers and becoming a regular contributor to The Times.[21] In 2009, he was appointed a Visiting Professor of Law at the London School of Economics. He became a Deputy High Court Judge in 2010.[citation needed]

[edit] Later career

On 14 December 2009, Macdonald wrote an article in the Times about the Chilcot Inquiry into the 2003 Iraq War. This article was more critical than anything that has been said so far by any of the senior civil servants who worked in Whitehall when Blair was prime minister. It is also notable because Macdonald works at Matrix Chambers alongside Cherie Blair. Macdonald describes Blair's "sycophancy towards power" and wrote that "since those sorry days we have frequently heard [Blair] repeating the self-regarding mantra that 'hand on heart, I only did what I thought was right'. But this is a narcissist's defence, and self-belief is no answer to misjudgment: it is certainly no answer to death."[22]

[edit] Personal life

In 1980 he married Linda Zuck,[3] who is a television producer for production company Illuminations based in Islington. They have two sons and a daughter.[3]

Preceded by
Sir David Calvert-Smith
Director of Public Prosecutions
2003–2008
Succeeded by
Keir Starmer

[edit] References

  1. ^ "Director of Public Prosecutions: Sir Ken Macdonald QC". CPS website. CPS (Crown Copyright). http://www.cps.gov.uk/about/dpp.html. Retrieved 2007-10-12. 
  2. ^ "Birthdays" (Archive service requires subscription). The Guardian. Guardian Media Group. 4 January 2008. Archived from the original on 2008-01-05. http://gateway.proquest.com/openurl?ctx_ver=Z39.88-2003&res_dat=xri:pqil:res_ver=0.2&res_id=xri:newsuk&rft_id=xri:newsuk:newsart:1407667131. Retrieved 2008-01-08. 
  3. ^ a b c Who's Who, MACDONALD, Sir Kenneth (Donald John) (subscription required for online version)
  4. ^ "The College > Famous Graduates > Sir Ken Macdonald QC". St Edmund Hall website. St Edmund Hall. 2007. http://www.seh.ox.ac.uk/index.php?section=44. Retrieved 2007-10-12. 
  5. ^ a b c d e f Clare Dyer (2004-02-10). "Prosecutor or protector?". The Guardian (Guardian Media Group). http://www.guardian.co.uk/law/story/0,3605,1144513,00.html. Retrieved 2007-10-12. 
  6. ^ "The Bar Directory: Kenneth John Douglas Macdonald". The Legal Hub. Thomson Global Resources, data supplied by the Bar Council. 2007. http://www.legalhub.co.uk/legalhub/app/document?rs=BOL1.0&vr=1.0&src=rl&srguid=ia744c062000001175e2a3b4acb95c05a&docguid=I67a3bca08bce11dcaa9aaaaa0e13eb96&hitguid=I67a3bca08bce11dcaa9aaaaa0e13eb96&spos=6&epos=6&td=41&bctocguid=Id6edd5a002c711db85b9d734e660a063&bchistory=5;&ststate=S;S;S&ctype=The%20Bar%20Directory&page=0&sibs=&toc-search=. Retrieved 2008-01-09. 
  7. ^ London Gazette: no. 54736, p. 4476, 15 April 1997. Retrieved on 2007-10-04.
  8. ^ London Gazette: no. 56414, p. 14589, 11 December 2001. Retrieved on 2008-01-09.
  9. ^ a b c Sparrow, Andrew (11 August 2003). "Cherie's colleague is named as DPP". The Daily Telegraph. http://www.telegraph.co.uk/news/main.jhtml?xml=/news/2003/08/06/ncher06.xml. Retrieved 2008-01-09. 
  10. ^ a b Brogan, Benedict (5 August 2003). "Cherie's 'crony' not fit to be DPP, says Howard". The Daily Telegraph. http://www.telegraph.co.uk/news/uknews/1438509/Cherie's-'crony'-not-fit-to-be-DPP,-says-Howard.html. Retrieved 2008-07-30. 
  11. ^ "Hansard, Written answers, Director of Public Prosecutions". Hansard. Parliament of the United Kingdom. 17 September 2003. http://www.publications.parliament.uk/cgi-bin/newhtml_hl?DB=semukparl&STEMMER=en&WORDS=macdonald%20director%20of%20public%20prosecut&ALL=macdonald%20director%20of%20public%20prosecutions&ANY=&PHRASE=&CATEGORIES=&SIMPLE=&SPEAKER=&COLOUR=red&STYLE=s&ANCHOR=30917w13.html_wqn5&URL=/pa/cm200203/cmhansrd/vo030917/text/30917w13.htm#30917w13.html_wqn5. Retrieved 2008-01-09. 
  12. ^ "Blunkett plan for longer prison terms is 'grotesque', says DPP" (Archive service requires subscription). The Daily Mail. 2 September 2003. Archived from the original on 2003-09-03. http://gateway.proquest.com/openurl?ctx_ver=Z39.88-2003&res_dat=xri:pqil:res_ver=0.2&res_id=xri:newsuk&rft_id=xri:newsuk:newsart:392291171. Retrieved 2008-01-08. 
  13. ^ "A bleeding heart, the criminal's best friend" (Archive service requires subscription). The Daily Mail. 12 September 2003. Archived from the original on 2003-09-13. http://gateway.proquest.com/openurl?ctx_ver=Z39.88-2003&res_dat=xri:pqil:res_ver=0.2&res_id=xri:newsuk&rft_id=xri:newsuk:newsart:404272351. Retrieved 2008-01-08. 
  14. ^ Pannick, David (September 2, 2003). "Why tabloids' silly campaign against the DPP is so wrong". The Times (Times Online). http://business.timesonline.co.uk/tol/business/law/article1154073.ece. Retrieved 2008-01-09. 
  15. ^ Verkaik, Robert (3 November 2003). "Sir David Calvert-Smith: The butler, his evidence and a delicate issue of calling the Queen as a criminal case witness". The Independent. http://news.independent.co.uk/people/profiles/article76459.ece. Retrieved 2008-01-09. 
  16. ^ Verkaik, Robert (September 2, 2003). "Public persecution". The Independent. http://news.independent.co.uk/uk/legal/article85149.ece. Retrieved 2008-01-09. 
  17. ^ Leader (January 25, 2007). "In praise of ... Sir Ken Macdonald". The Guardian (Guardian Media Group). http://www.guardian.co.uk/commentisfree/story/0,,1997981,00.html. Retrieved 2008-01-09. 
  18. ^ "Sir Ken Macdonald: 'We are determined to do more ourselves'". The Times. 8 April 2008. http://business.timesonline.co.uk/tol/business/law/article3703105.ece. Retrieved 2008-10-22. 
  19. ^ "DPP chief Sir Ken Macdonald attacks Big Brother state surveillance". The Times. 21 October 2008. http://www.timesonline.co.uk/tol/news/uk/article4984788.ece. Retrieved 2008-10-22. 
  20. ^ London Gazette: (Supplement) no. 58196, p. 1, 30 December 2006. Retrieved on 2008-01-09.
  21. ^ Gibb, Frances (26 July 2008). "Human rights lawyer Keir Starmer named as new prosecution service chief". The Times. http://business.timesonline.co.uk/tol/business/law/article4397189.ece. Retrieved 2008-08-04. 
  22. ^ Macdonald, Ken (14 December 2009). "Intoxicated by power, Blair tricked us into war—The members of the Chilcot Inquiry have a choice: they can be loyal to the Establishment or they can expose the subterfuge". The Times. http://www.timesonline.co.uk/tol/comment/article6955241.ece. Retrieved 3 February 2010.