David Poole (judge)
Encyclopedia
Sir David Anthony Poole (8 June 1938 – 18 June 2006) was an English barrister
and High Court judge
. He is perhaps best known for representing Eric Cantona
on charges of a "flying kick" assault of an opposition spectator in 1995.
, and read Classics
at Jesus College, Oxford
from 1957 to 1962, being elected JCR
President in 1960. He was made an honorary Fellow of the College in 1997. After a postgraduate diploma in science at UMIST
, he worked in industry for some years before changing to a legal career. He was called to the Bar by Middle Temple
in 1968, where he became a bencher
in 1992. He played rugby
for Oxford University (though missing out on a Blue
), London Irish
, the Bar and the Northern Circuit
.
As a barrister, he took on a mix of criminal and civil cases. He was appointed a Queen's Counsel
in 1984, after which he concentrated mostly on criminal work, mainly for the prosecution. As a lawyer for the defence, his scientific background enabled him to be at the forefront of early challenges to DNA
evidence.
In March 1995, Poole was instructed to represent by Manchester United star footballer Eric Cantona when Cantona was charged with assault
on an opposition supporter. Playing against Crystal Palace
at Selhurst Park
in a Premier League match, Cantona was taunted by a spectator, Matthew Simmons. Enraged, Cantona launched a flying kick at Simmons. Brought before Croydon Magistrates' Court, Cantona was sentenced to two weeks' imprisonment, but then given bail
pending an appeal and finally served 120 hours of community service
.
Poole was a Crown Court
Recorder
from 1982 until 1995, when he was appointed as a High Court judge in the Queen's Bench Division and received the customary knighthood. He presided over several notorious trials, including that of the paedophile Sidney Cooke
in 1999, and the murderer John Paul Allan in 2003.
As a result of adverse press coverage, he halted the first trial of Leeds United players Lee Bowyer
and Jonathan Woodgate
, and two friends, on 11 April 2001. The defendants were charged with affray
and grievous bodily harm
after an Asian student, Safraz Najeib, was assaulted in Leeds
city centre. Poole held that an article in the Sunday Mirror
created a "substantial risk" of prejudice to the trial; its editor, Colin Myler
, resigned three days later.
At a retrial later that year, Woodgate was convicted and sentenced to community service, but Bowyer was acquitted. Poole never retired, continuing to work until shortly before his death in June 2006.
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
and High Court judge
High Court judge
A High Court judge is a judge of the High Court of Justice, and represents the third highest level of judge in the courts of England and Wales. High Court judges are referred to as puisne judges...
. He is perhaps best known for representing Eric Cantona
Eric Cantona
Eric Daniel Pierre Cantona is a French actor and former French international footballer. He played for Auxerre, Martigues, Marseille, Bordeaux, Montpellier, Nîmes and Leeds United before ending his professional footballing career at Manchester United, where he won four Premier League titles in...
on charges of a "flying kick" assault of an opposition spectator in 1995.
Life and career
Poole was educated at Ampleforth CollegeAmpleforth College
Ampleforth College in North Yorkshire, England, is the largest Roman Catholic co-educational boarding independent school in the United Kingdom. It opened in 1802, as a boys' school, and is run by the Benedictine monks and lay staff of Ampleforth Abbey...
, and read Classics
Literae Humaniores
Literae Humaniores is the name given to an undergraduate course focused on Classics at Oxford and some other universities.The Latin name means literally "more humane letters", but is perhaps better rendered as "Advanced Studies", since humaniores has the sense of "more refined" or "more learned",...
at Jesus College, Oxford
Jesus College, Oxford
Jesus College is one of the colleges of the University of Oxford in England. It is in the centre of the city, on a site between Turl Street, Ship Street, Cornmarket Street and Market Street...
from 1957 to 1962, being elected JCR
JCR
JCR may refer to:* Revolutionary Coordinating Junta of 1970s urban guerrilla communist parties in South America* Content repository API for Java * Junior Common Room...
President in 1960. He was made an honorary Fellow of the College in 1997. After a postgraduate diploma in science at UMIST
UMIST
The University of Manchester Institute of Science and Technology was a university based in the centre of the city of Manchester in England. It specialised in technical and scientific subjects and was a major centre for research...
, he worked in industry for some years before changing to a legal career. He was called to the Bar by Middle Temple
Middle Temple
The Honourable Society of the Middle Temple, commonly known as Middle Temple, is one of the four Inns of Court exclusively entitled to call their members to the English Bar as barristers; the others being the Inner Temple, Gray's Inn and Lincoln's Inn...
in 1968, where he became a bencher
Bencher
A bencher or Master of the Bench is a senior member of an Inn of Court in England and Wales. Benchers hold office for life once elected. A bencher can be elected while still a barrister , in recognition of the contribution that the barrister has made to the life of the Inn or to the law...
in 1992. He played rugby
Rugby football
Rugby football is a style of football named after Rugby School in the United Kingdom. It is seen most prominently in two current sports, rugby league and rugby union.-History:...
for Oxford University (though missing out on a Blue
University Sporting Blue
A Blue is an award earned by sportsmen and women at a university and some schools for competition at the highest level. The awarding of Blues began at Oxford and Cambridge Universities...
), London Irish
London Irish
London Irish RFC is an English rugby union club based in Sunbury, Surrey, where the senior squad train, the youth teams and senior academy play home games, and the club maintain their administrative offices. The senior squad play home games at the Madejski Stadium in Reading and compete in the top...
, the Bar and the Northern Circuit
Northern Circuit
The Northern Circuit dates from 1176 when Henry II sent his judges on circuit to do justice in his name. The Circuit encompassed the whole of the North of England but in 1876 it was divided. That part to the west of the Pennines retained the old name. The land to the east became the territory of...
.
As a barrister, he took on a mix of criminal and civil cases. He was appointed a Queen's Counsel
Queen's Counsel
Queen's Counsel , known as King's Counsel during the reign of a male sovereign, are lawyers appointed by letters patent to be one of Her [or His] Majesty's Counsel learned in the law...
in 1984, after which he concentrated mostly on criminal work, mainly for the prosecution. As a lawyer for the defence, his scientific background enabled him to be at the forefront of early challenges to DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
evidence.
In March 1995, Poole was instructed to represent by Manchester United star footballer Eric Cantona when Cantona was charged with assault
Assault
In law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
on an opposition supporter. Playing against Crystal Palace
Crystal Palace F.C.
Crystal Palace Football Club are an English Football league club based in South Norwood, London. The team plays its home matches at Selhurst Park, where they have been based since 1924. The club currently competes in the second tier of English Football, The Championship.Crystal Palace was formed in...
at Selhurst Park
Selhurst Park
Selhurst Park is an English football stadium located in the London suburb of South Norwood in the Borough of Croydon. It is the current home ground of Crystal Palace Football Club. Its present capacity is 26,309.-History:...
in a Premier League match, Cantona was taunted by a spectator, Matthew Simmons. Enraged, Cantona launched a flying kick at Simmons. Brought before Croydon Magistrates' Court, Cantona was sentenced to two weeks' imprisonment, but then given bail
Bail
Traditionally, bail is some form of property deposited or pledged to a court to persuade it to release a suspect from jail, on the understanding that the suspect will return for trial or forfeit the bail...
pending an appeal and finally served 120 hours of community service
Community service
Community service is donated service or activity that is performed by someone or a group of people for the benefit of the public or its institutions....
.
Poole was a Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
Recorder
Recorder (judge)
A Recorder is a judicial officer in England and Wales. It now refers to two quite different appointments. The ancient Recorderships of England and Wales now form part of a system of Honorary Recorderships which are filled by the most senior full-time circuit judges...
from 1982 until 1995, when he was appointed as a High Court judge in the Queen's Bench Division and received the customary knighthood. He presided over several notorious trials, including that of the paedophile Sidney Cooke
Sidney Cooke
Sidney Cooke , is an English convicted child molester serving two life sentences.-Biography:...
in 1999, and the murderer John Paul Allan in 2003.
As a result of adverse press coverage, he halted the first trial of Leeds United players Lee Bowyer
Lee Bowyer
Lee David Bowyer is an English professional footballer born in Canning Town, London, who plays as a midfielder for Ipswich Town of the Football League Championship....
and Jonathan Woodgate
Jonathan Woodgate
Jonathan Simon Woodgate is an English footballer who plays for Stoke City in the Premier League.Woodgate started his football career at Leeds United where he established himself in the starting eleven. However, Woodgate was sold to Newcastle United for £9 million in January 2003. He impressed...
, and two friends, on 11 April 2001. The defendants were charged with affray
Affray
In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of two or more persons in a public place to the terror of ordinary people...
and grievous bodily harm
Grievous bodily harm
Grievous bodily harm is a term of art used in English criminal law which has become synonymous with the offences that are created by sections 18 and 20 of the Offences against the Person Act 1861....
after an Asian student, Safraz Najeib, was assaulted in Leeds
Leeds
Leeds is a city and metropolitan borough in West Yorkshire, England. In 2001 Leeds' main urban subdivision had a population of 443,247, while the entire city has a population of 798,800 , making it the 30th-most populous city in the European Union.Leeds is the cultural, financial and commercial...
city centre. Poole held that an article in the Sunday Mirror
Sunday Mirror
The Sunday Mirror is the Sunday sister paper of the Daily Mirror. It began life in 1915 as the Sunday Pictorial and was renamed the Sunday Mirror in 1963. Trinity Mirror also owns The People...
created a "substantial risk" of prejudice to the trial; its editor, Colin Myler
Colin Myler
Colin Myler is a British former newspaper editor.Myler grew up in Widnes in Cheshire. He started his career working for the Catholic Pictorial news agency in Southport, before joining The Sun and then the Daily Mail. He was appointed news editor of the Sunday People, then moved to Today in 1985,...
, resigned three days later.
At a retrial later that year, Woodgate was convicted and sentenced to community service, but Bowyer was acquitted. Poole never retired, continuing to work until shortly before his death in June 2006.