Read here http://www.2bedfordrow.co.uk/wp-content/uploads/2016/03/R-v-Alan-Charlton-and-Idris-Ali.pdf what the CoA judges said about the CCRC’s submissions
Taken from the above Judgement
CCRC review of the convictions of Charlton and Ali63. The CCRC carried out an extremely thorough review of the three police inquiries, in particular the police inquiry into KP’s murder. We do not intend to rehearse the reports’ conclusions in their entirety; we shall focus on the material gathered that is said to undermine the safety of these convictions. We should emphasise, however, that we have read both reports with very considerable care. If we do not mention something that the CCRC considered potentially relevant to these appeals, it is because, with the assistance of counsel, we have determined that the matter is not, in fact, relevant to these appeals.
64. The CCRC analysed the extent to which there was any crossover between the evidence gathering process in this case and the investigations into the murders of Lynette White and Philip Saunders. CCRC concluded “it is possible to demonstrate a significant co-relation” between the way three inquiries conducted and that there is “a significant risk that the (police) practices demonstrable in the Lynette White and Philip Saunders inquiries occurred also during the Karen Price inquiry”.
65. The CCRC noted that at the time of the investigation into Karen Price’s murder the tactics that had been employed by officers in the Lynette White and Philip Saunders inquiries had not been properly scrutinised. The involvement of some of the same officers in the Karen Price murder inquiry is, the Commission considered, potentially suggestive of a “closed-minded” investigation which, ultimately, leads to the very real possibility that evidence given by various witnesses, both at trial and at crucial stages during the course of the investigation, was falsified and obtained through the use of oppressive techniques and bullying.
66. They categorised officers centrally involved in the KP inquiry and criticised in the Saunders or White inquiries as ‘Category A’ officers. Officers involved in the other inquiries and in the KP inquiry but not criticised have been categorised as ‘Category B’ officers.
67. Category A officers involved in both investigations were DI (acting DCI) Lewis, DI Mouncher, DS Rogers, DS Fenton, DC Cullen, DC Hodgson, DC Norman, DC Thomas and DC Griffiths. In particular, the CCRC describe DI Lewis as the officer in the case in both the Karen Price and Phillip Saunders investigations and subject to criticism by this court in the O’Brien appeals. DI Mouncher was the senior officer allegedly behind the “fictitious Lynette White murder scenario” and was also “centrally involved” in the KP murder inquiry at the crucial time. Essentially, it is said he spoke to potential witnesses “off the record”, was behind the case theory that Charlton was guilty, conducted research into D’s background and according to his desk diary spoke to her “off the record” for fifteen minutes at 15.30 on 23 February 1990 before her arrest. DS Rogers was centrally involved in the Saunders inquiry. He was accused of taking false evidence from witnesses, interviewing a witness “off the record” immediately before he provided an incriminating statement and, with DI Lewis, pressurising a witness to change her evidence.
68. The CCRC lists and considers the role of a number of other officers who were involved in the other two inquiries (and accused of improper conduct, for example putting pressure on witnesses) who were also involved in the KP investigation. They include DC Cullen. DC Cullen took statements from witnesses including Morris. Morris alleged that DC Cullen pressurised her into making a statement incriminating O’Brien and others. This was robustly denied by DC Cullen herself. DC Cullen, with DC Taylor (neither category A or B), were responsible for the lengthy interviews of D that feature so prominently in this case.
69. The CCRC gave a number of examples of what they considered parallels from the Saunders and White inquiries and the KP investigation. They include:
i) The extensive questioning of D as a voluntary witness and what allegedly happened to Chick and Morris in the Phillip Saunders investigation.
ii) The uncertainty as to the time when D was picked up on the morning of 23 February 1990 with the similar imprecision as to times of detention in the Phillip Saunders case.
iii) The obtaining of a cell confession from Philip Ashong and Aquilina (not used) against Charlton and the alleged cell confessions by Hall and Sherwood.
iv) The treatment of D as a witness and Jack Ellis in the Lynette White investigation. Mr Ellis has complained subsequently of his being interviewed repeatedly when tired and of being put under intolerable pressure.
v) The involvement of DC Cullen who interviewed D (with DC Taylor) both before and after her arrest and took her third incriminating statement from her and DC Cullen’s involvement in the Saunders murder inquiry.
70. The CCRC note that some of the original handwritten exhibits in the O’Brien prosecution had disappeared, as have the handwritten originals of D’s critical third statement. Other documents are no longer available, for example, contemporaneous notes from pocket books as to the treatment of D before she was arrested. The only note in relation to this period of time is the one in Mouncher’s desk diary of an “off the record” conversation with her shortly before her arrest.
71. Ultimately, the CCRC concluded “it is possible to speculate” the investigating officers in the KP inquiry were ‘infected’ by the prevalent culture in the murder squad and may have behaved inappropriately towards witnesses in ways that cannot now be discovered.
72. The CCRC believe that the material from the other investigations now available could have been the basis for an abuse of process application to stay the proceedings. At the very least it could have been used to undermine the credibility of the witnesses. Further, they suggest that Ali’s evidence was so prejudicial to Charlton it should have been excluded from the trial and that just as the inadmissibility of the Hall confessions adversely affected the trial of his co-defendants, O’Brien and Sherwood, so the inadmissibility of Ali’s confessions adversely affected Charlton’s conviction.