The Collusion of the Crown
Prosecution service in Major
Miscarriages of Justice
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Para 5.3
A realistic prospect of
conviction is an
objective test. It
means that a jury or
bench of magistrates
or judge hearing the
case alone, properly
directed and in
accordance with the
law, is more like than
not to convict the
defendant of the
charge alleged
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Para 2.3
It is the duty of Crown
Prosecutors to make
sure that the right
person is prosecuted
for the right offence.
In so doing Crown
Prosecutors must
always act in the
interests of justice and
not solely for the
purpose of obtaining a
conviction
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“Magical legalism is a method to ‘prove’ that an allegation
could not possibly be correct because the action is
illegal....torture is strictly forbidden in our country; we have
ratified the Convention Against Torture; therefore what we
are doing cannot be torture. Many such legal moves are
wonderfully plausible as long as common sense is
suspended”
(Cohen 2001: 108)
The Magical Legalism of the Criminal Justice System is this: “As long as the test that the powers that be have deemed
appropriate is applied in some form, then we can be
confident that all is just and well”.
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Case effectively began when Dr Williams discovered retinal haemorrhages in the eyes of
Harry (Sally’s second baby).
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After consulting with Professor Green, Dr Williams decided both babies died of shaking
(reversing previous natural causes explanations of the first baby Christopher’s death).
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Just before the trial in 1999 Professor Green realises the error in consultation with
Professor Luthert – There are no haemorrhages in Harry’s eyes.
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After nearly 2 years the prosecution change their case from shaking to smothering after
discussions over the weekend – Sally’s solicitor says “it happens all the time, the
prosecution changing the basis on which the case was constructed at the last minute”
(Batt 2005: 140) – Sally convicted at trial in November 1999.
CPS successfully opposes first appeal in 2000 despite undermining of Professor
Meadow’s 1in 73 million statistic.
CPS opposes second appeal despite clear evidence of “overwhelming staphylococcal
infection” and Dr Williams failure to disclose this, and fifteen expert reports presented
by the defence. Sally wins appeal, after prosecution expert Dr Klein concedes.
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Evidential weakness from the outset alternative
suspect, blood evidence and police influence on
witnesses.
Opposing two appeals and three trials in face of
new evidence including (from second appeal and
two trials that followed) new evidence: ◦ -from daughters,
◦ -on Mr B’s locations psychiatric condition,
◦ -on blood spray including pulmonary interstitial
emphysema.
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Using flawed ID evidence throughout 2 trials and two appeals.
Only one of 5 witnesses who saw a man in the street picked out Mr George. She
made this identification seventeen months later based on a glimpse of 5-6
seconds of a man under an umbrella in the rain, wiping the windscreen of
a car (Mr George did not own a car). This observation allegedly occurred four and
a half hours before the murder. The CPS were prepared to use this person to give
confident evidence. As in the case of the manipulation of witnesses in the Sion
Jenkins case – magical legalism overrode research evidence and evident reasoning
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Ignoring capacity of defendant to commit crime.
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Misleading associations e.g. Obsession with Jill Dando.
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Pursuing re-trial despite undermining of key firearm residue
evidence at appeal
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Barry George – fallback “Oddball”
Colin Stagg – Classic entrapment –
Honey Trap: “If your not that man (who killed Rachael) you’ll never ever
be able to fulfil me”
“ I’m sorry, but I’m not”
Colin:
(BBC Crimewatch 18/12/08)
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Sally Clark – Career woman who killed her baby because he
was ‘messy and disruptive’.
Sion Jenkins –
“Sometimes the reasons are complex, the reasons may be locked
away deep in the personality of the killer......It all goes to
demonstrate how this case is nothing to do with blood spots, lungs or
air pressure at all”
(Nicholas Hilliard prosecution QC closing speech at second trial as reported
in Hastings observer website 17/1/06)
“I believe in this case we have fulfilled our role as we should have
done......The decisions were the correct ones”....the important role of the CPS
is to “weed out cases that are fanciful”
Sarah-Jane Gallagher (Chief Crown Prosecutor for Sussex) speaking after the
acquittal of Sion jenkins following his third trial – (Channel Four News
9/2/06)
Mr George now has the right to be regarded as an innocent man, but that
does not mean it was wrong to bring the case. Our test is always whether
there is sufficient evidence for a realistic prospect of conviction”
Hilary Bradbury (CPS) quoted by Duncan Campbell in The Guardian 2/8/08
after the acquittal of Barry George after re-trial.
‘Magical Legalism’ applies -The CPS Test is technically defendable in
itself not in the quality of its application. The bureaucratic logic
conveniently disengages the moral imperative
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Sally Clark’s husband’s complaint against the prosecution was struck out by Mr Justice
MacKinnon, who found that, “with regard to the standard of proof that is required for a
charge of Professional Misconduct, there was no real prospect of success” (Batt 2005:
476)
“The best functionaries are those who honour their obligation to authorities but feel no
personal responsibility for the harm they cause”.
(Bandura 1999: 198)
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“What was once morally condemnable becomes a source of self valuation”.
(Bandura 1999: 196)
“The key word here is Blackwhite. Like so many Newspeak words, this word has two
mutually contradictory meanings. Applied to an opponent, it means the habit of
impudently claiming that black is white, in contradiction to the plain facts. Applied to a
Party member, it means a loyal willingness to say that black is white when Party
discipline demands this. But it means also the ability to believe that black is white, and
more, to know that black is white, and to forget that one has ever believed the contrary”
George Orwell “Nineteen Eighty-Four” (1948: 221)