The Defence Will State Their Case

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Now with my post above, I was wondering if Dr Vincent Tabak ever came back to trial for an appeal, what would happen about CJ's second witness statement??

Would It have to be produced??

You see the Police cannot have it both ways... When someone asked through FOI for the witness statement of Dr Vincent Tabak , they were told that they could not release the information as it may hinder any appeal Dr Vincent Tabak may launch... (I have posted on this).. Yet I do not think it is even possible for Dr Vincent Tabak to launch an appeal.. I was under the impression that Justice Field had put paid to that....

So... what does it leave us with.. A man convicted of a Murder I believe he did not commit and an entire Police Force and everyone else covering up the truth about this Crime....

What about The Yeates Family... surely they want Justice for their Daughter Joanna Yeates...? It must be agonising that they have to live with this Massive Cover-up.. (imo)

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Greg Reardon told the court that he got back to the flat about 8 p.m. on the Sunday evening. He told the court that he and Joanna normally double-locked the front door, but that he thought that he had needed to unlock only the Yale lock to get in when he returned.

Unless I am mistaken, the usual kind of Yale lock allows the door to be slammed shut without the use of a key. Once that has been done, it can be opened from the outside only by someone with a key. Reardon's testimony implies that this is what had the intruder had done. The discrepancy in the colours of the two lock components could be accounted for if the Yale lock itself had been replaced by a more modern one while the old component on the door jamb was retained.

Let us be clear what the jury found, and what it did not find. The jury found that Vincent Tabak murdered Joanna and dumped her body. However, it did NOT find that the killing took place in the flat itself. If Reardon is a credible witness, then there was a struggle inside the flat. However, the total absence of forensic evidence from the flat itself means that the jury would have to conclude that the killing took place somewhere else.

Everyone is agreed that Vincent Tabak was a liar, so there are no grounds for believing some parts of his testimony while dismissing others. His testimony is the only basis for believing that the killing took place in the flat. The court did not determine where the killing actually took place. We do not know if it were Vincent Tabak who pulled the door shut, leaving the key inside, or Joanna herself, or a third party.

As soon as she was reported missing, the police repeatedly told the public that Joanna got home to her flat on Friday 17th December evening. There is no reason for us to believe she didn't.

Just thinking about this leonora... Greg is incorrect (imo)... The Bell system lock that is installed as far as i am aware would automatically lock when the door is closed... So that means that 2 locks needed to be unlock.. whether it was Flat 1 or Flat 2 seeing as they both have the same system...

These systems run on night latch locks I believe so lock when closed and then can be deadlocked ... So there had to be both locks locked on that door, when Greg returned home, he shouldn't have had any problem with knowing this information.... He shouldn't be unsure... And when talking of double locking the door that should mean the dead lock...(imo)...

From the trial....

He went to his flat and left Joanna’s flat door on the latch.
He returned.

Impossible.. he would not have been able to regain entry into Joanna Yeates Flat..... (imo)

So the following could not have happened....

He returned.
He turned off the oven that she had turned on.
 He took the Tesco pizza that was in the kitchen.
 He carried the body from her flat to his flat.
He then put her body in the bag that he used to cover his bike.
He then went to get his car, placed the body in the boot of his car, went to Asda, a trip he
formerly planned, and drove aimlessly around whilst deciding what to do.
He tried to put the body over the wall.
It was too heavy and so he left it by the roadside.
When he got back home, he put the pizza, the cycle cover and the sock into a corporate
dustbin.
And then, despite the awful secret that he was carrying, he tried to carry on as before:
going to parties, living with his girlfriend, etc, instead of going to the police.
There will be no excuse from me for that. He will be called to give evidence on Thursday
20 October

It was not possible for Dr Vincent Tabak to return to take Joanna yeates out of Flat 1 as he inadvertantley locked the door...(imo)

I knew that the reason for CJs arrest had to be both locks being locked...  So The only person/persons who killed Joanna Yeates either had her leave her Flat without her possessions or had access to the second lock and not just the Yale Latch... Or... returned her possessions back to Flat1..

Was Joanna Yeates one of the people CJ saw at the gate???

Why didn't Clegg check this lock.... Is this the reason that they moved the panel for the jury because someone would realise that the night lock would also lock on closing the door, making the Yale Lock being on the Latch...useless....

I believe the installation of the Yale Lock was for double security, incase the electric system failed and therefore the night lock wouldn't work..

So how on earth was Dr Vincent Tabak supposed to have re-entered Joanna Yeates flat???



http://www.criminal-lawyer.org.uk/39-CLN-JAN-2012.pdf

[John]

Just wondering, has anyone managed to contact Vincent Tabak?  Do we know who currently represents him?

[mrswah]

Just wondering, has anyone managed to contact Vincent Tabak?  Do we know who currently represents him?

I never managed to contact him, John, although I tried (see the topic referring to my response from the prisoner location service).

No, I have no idea who currently represents him------------I don't know how to find out, either!

[Leonora]

I never managed to contact him, John, although I tried (see the topic referring to my response from the prisoner location service).

No, I have no idea who currently represents him------------I don't know how to find out, either!

The last time he appeared in court, in 2014, his instructing solicitor was Nick Kelcey and his defence councel was Dean Armstrong. There are good reasons to assume that he has retained the same law firms.

[[...]]

What is a CT Reserve in The Police Force?? I'm looking at something and wanted to know what it meant??

Noticed it on a Lanyard around a Policeman's neck... anyone know what it means??

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leonora, can you remember the man of the EX Police Officer who gave an interview about the Investigation, he had grey hair and stubble...

[Leonora]

leonora, can you remember the man of the EX Police Officer who gave an interview about the Investigation, he had grey hair and stubble...

I can't remember this at all. Unlike you, I have difficulty in concentrating on videos unless they are VERY SHORT. Despite searching, I cannot even find the excellent tabloid report by an ex-police officer whose name also escapes me, which I recall from memory began, "The place where Joanna's body was found must be the most unlikely dump-site in the annals of crime..."

EDIT: Found it! Unfortunately it has been redacted, so it no longer reveals the name of the author:
http://www.mirror.co.uk/news/uk-news/joanna-yeates-murder-analysis-country-101520

[[...]]

Does this guy ring any bells leonora, he reminds me of the EX DCI something like that ..can't remember his title... he gave an interview to one of the papers...  Talked about the case even though he had nothing to do with it...


images attached...

Edit And I do not mean Peter Kirkham...

[mrswah]

I can't remember this at all. Unlike you, I have difficulty in concentrating on videos unless they are VERY SHORT. Despite searching, I cannot even find the excellent tabloid report by an ex-police officer whose name also escapes me, which I recall from memory began, "The place where Joanna's body was found must be the most unlikely dump-site in the annals of crime..."

EDIT: Found it! Unfortunately it has been redacted, so it no longer reveals the name of the author:
http://www.mirror.co.uk/news/uk-news/joanna-yeates-murder-analysis-country-101520

Interesting article----had not come across it before. Wish they had told us who said it!

[Leonora]

Interesting article----had not come across it before. Wish they had told us who said it!

I've now managed to find out the author of this article from my MS. It was - wait for it - former Detective Chief Inspector Peter Kirkham. The redacting of the credit line after some years is uncanny.

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Why was the Police Press conference held at the Thistle Grand Hotel, Bristol after the trial of Dr Vincent Tabak???


Thought that Portishead had it own conference area??
No other rooms available at any of Bristols Police Stations for this "Complex Case"????

Images from Getty attached...

http://www.gettyimages.co.uk/detail/news-photo/detective-chief-inspector-phil-jones-speaks-at-a-press-news-photo/809586626#detective-chief-inspector-phil-jones-speaks-at-a-press-conference-at-picture-id809586626


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CJ... At The Leveson.....

13. The police issued an official statement on Thursday 30 December 2010 following my
arrest, The statement did not name me. It said:


"Just after O7OOhrs this morning, police attended an address in Canygne
Road and arrested a 65-year-old man on suspicion of murder. He has been
taken into custody at a police station within the Avon and Somerset force area
and detained for questioning, Detectives investigating Joanna’s murder are
continuing to carry out forensic examinations and are also continuing to
appeal for anyone with any information that can help the enquiry to call the
Operation Braid Incident room on 0800 555 111."

Why did the Police quote The Crime Stoppers number??? Crime Stoppers is not the Incident room.....

Crimestoppers: The only independent UK crime fighting charity
https://crimestoppers-uk.org/
We are an independent charity helping law enforcement to locate criminals and help solve crimes. You don't have to give us your name or any of your personal details. We do not trace calls or track IP addresses. All information given to Crimestoppers remains completely anonymous.

So what has "Crime Stoppers" The Charity, got to do with the case???  Why did the Police mention this in their statement to the press??

There has to be a valid reason for them to say this.... because "Crime Stoppers Is not a Police Incident Room!! It may assist the police... but that is it....



http://webarchive.nationalarchives.gov.uk/20140122175642/http://www.levesoninquiry.org.uk/wp-content/uploads/2012/02/Second-Witness-Statement-of-Christopher-Jefferies.pdf

[[...]]

I keep going back to what was said at "The Leveson" and Colin Port's response about CJ....

Mr Jay
Thank you. Point (b):

"The day before Mr Jefferies' arrest (29 December) police sources briefed the media that Mr Jefferies had told neighbours that he had seen three people leave Ms Yeates' flat, including Ms Yeates herself, on the night she disappeared. Mr Jefferies said that he was parking his car outside the house when he saw three people. But Mr Jefferies later told the media and neighbours in impromptu comments before his arrest that in fact he had not seen Ms Yeates."

Then Mr Wallace says:

"I believe the police felt there was an inconsistency in his story, although Mr Jefferies had a different view."

Then we have what Mr Jefferies told Sky News on 29 December, and of course we also heard Mr Jefferies' own evidence to this Inquiry on these issues. Again, you say this statement is not true. In your own words, please, Mr Port, why not?

Colin Ports Response....

Mr Colin Port
Well, we did not give Mr Jefferies' identity to anyone. He did say that he saw three people on two occasions that I recall. In his evidence to this Inquiry, he said that -- and I think I quote accurately -- he told no more than three people about his sightings. That's incorrect, and I completely understand why Mr Jefferies can't recollect that, but I've counted eight people, including some people who were paid by the media for information, and I've also seen evidence that he told people that they should also tell members of the Neighbourhood Watch. So his recollection is flawed, unfortunately.

Colin Port does not confirm or deny that CJ saw Joanna Yeates that evening... but skirts around by concentrating on whom CJ had told...

I believe that the fact that Colin Port does not clarify this position can only lead to the conclusion that CJ did in fact see Joanna Yeates at the gate at Canygne Road on that evening....(imo)

Mr Jay
It might be said that Mr Wallace's statement is not altogether precise in this particular regard.

Point (d), that's one that you accept. This is the extension of the police bail.

Mr Colin Port
Yes.

Mr Jay
Point (e) --

Lord Justice Leveson
The extension not of police bail but of --

Mr Colin Port
Detention.

Looking into the detention of CJ... were was the evidence that they got an extension for his detainment?? There would have needed to be plenty of evidence for them to detain him and I will carry on in my next post....

http://leveson.sayit.mysociety.org/hearing-27-march-2012/mr-colin-port

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Lord Justice Leveson
The extension not of police bail but of --

Mr Colin Port
Detention.

Both CJ and Dr Vincent Tabak were detained for many hours and both being arrested on a Thursday, which had been carefully planned, especially in regard to CJ.. knowing that he had told the Police a week earlier that he did indeed see people at the gate....

I do not know if there is a paper trail for the warrants of an extension for these 2 peoples detention... But I believe that it is very possible to detain them in a different way...

Under Pace..... 

Section 41 of the Police and Criminal Evidence Act 1984 (PACE) provides for a person being detained without charge.

'41(2) The time from which the period of detention of a person is to be calculated (in this Act referred to as 'the relevant time') –

(a) in the case of a person to whom this paragraph applies, shall be –

(i) the time at which that person arrives at the relevant police station; or
(ii) the time 24 hours after the time of that person's arrest,

whichever is the earlier.'

With an additional 12 hours granted by
It is from then that the 24 hour period will commence.

Section 42 of the Police and Criminal Evidence Act 1984 empowers a superintendent to authorise the detention of a prisoner beyond twenty-four hours, for a maximum of a further twelve hours (a total of thirty-six hours in all), without the suspect being charged. This will be for a period of time, rather than from one specified time to another.

We then have the Hospital Visit This I believe ... Stops the clock!

Where a person is detained under PACE there is provision under section 41(6) for the detention clock to be temporarily suspended if the suspect requires hospital treatment. See the document 'PACE - review of police detention - notes on reviews when detained in hospital' on PNLD for further information.

Did CJ go to the hospital at all...?? Did Dr Vincent Tabak go to the hospital at all??? Was it at the hospital that Dr Vincent Tabak was examined ???  We know that a nurse named Ruth Booth-pearson examined Dr Vincent Tabak... But was that at the Police station or in hospital???

If it is possible to keep someone in custody for a longer period by introducing a hospital visit as to 'Stop" the clock.. then I believe it is possible to detain someone longer than 36 hours without getting a warrant for an extension...

As we know.. there  was no evidence against CJ... and the supposed evidence against Dr Vincent Tabak never was produced... They had "No" so called confession at this point....  And a partial DNA sample... Nothing that would warrant an application for an extension to be obtained..(imo)..

With all the smoke and mirrors in this case... Did the Police simply keep stopping and starting the clock of CJ and Dr Vincent Tabak's detention???

It can be seen that even when in hospital, a suspect is still in police detention but the clock will not be rolling. (The exceptions to this are if the suspect is arrested and taken straight to the hospital without calling in at the police station or is bailed from the hospital to return to the police station at a later date). The detention clock restarts if it is necessary to interview the suspect on his way to or from hospital or in hospital (this may be necessary because of the urgent nature of the enquiry). In such circumstances, the detention clock is suspended once the questioning has ceased. (In the case of a suspect taken straight to hospital, it would be necessary to treat the suspect as being in police detention and start the detention clock, if he/she needed to be interviewed).

For all intense and purposes.. This Clock could have been stopped and started on many many occasions... As we do not know for a fact that Dr Vincent Tabak or CJ were held at the Police station for all of that time...

Therefore, in the example you provide, if the original 24 hours has expired and you are into the 12 hours extension authorised by the Superintendent, the detention clock would freeze for the time spent travelling to and from the hospital and the time spent at the hospital. The clock would restart upon the suspect's return to the police station. It is our opinion that you can extend the detention expiry time to 21:00.

This is fasinating.... They could drive round and round with someone in a car... leave someone at the hospital and the clock has not re-started!!

So (imo).. It is possible that the police did not need a warrant to extend the time of detention... They just needed a loop-hole...!!!


https://www.pnld.co.uk/your-legal-questions-answered/extensions-to-detention-and-hospital-visits/



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