4 FEBRUARY 1978, Page 19

Judge McKinnon

Sir: A propos your leading article (14 January) about the McKinnon affair, may I comment?

In all fairness to Judge McKinnon it should be remembered that a previous judge could not advise and the jury could not decide. How can one legislate on a feeling (still less on the likelihood of a feeling being engendered)?

Bearing this in mind, ,Judge McKinnon naturally felt that a strong and definite lead to the jury was necessary; and in view of the ambiguities involved, his remarks were made to favour the defendant. This is diplomatic in British judicial practice (and long may it be so).

J. Kinnon 129 Edith Road, Smethwick, Warley.