How exactly can any of this offer evidence of Mark's innocence?
So there are quite a few strands to this. In summary, the new evidence demonstrates:
1) That Mark grew up in an environment of extreme privacy in which he was conditioned into maintaining total secrecy for his father and covering his tracks.
2) That Samuel was in the habit of cutting off contact with people, avoiding detection, and evading calls and letters when it suited him. Samuel could be expected to go away for periods of time without telling anyone where he was going.
3) That other possible motives existed for Samuel's murder
4) That alternative suspects exist (and that the jury should have been made aware of this)
The first two points undermine some of the key arguments made at trial that Samuel's disappearance in September 2009 was 'out of character', or that Mark's perceived failure to 'raise the alarm' was motivated by a desire to conceal his death. Instead, we see how Mark's reluctance to involve authorities, or divulge information to third parties like the neighbours, was reasonable in the circumstances. It would have been the last thing Samuel would have wanted Mark to do. With this new context in place, Mark's behaviour has an innocent explanation.
This was the core thrust of the circumstantial evidence used by the prosecution to argue that Samuel died in September. If this is undermined, then their estimate as to his date of death is unreliable. Remember that all the forensic evidence supports Samuel being alive in October, it was only their use of the circumstantial evidence that brought that forward.
More generally, the basic idea that the jury should have all available information in front of them is really important if they are to reach an informed decision. They didn't know about Samuel's secret life, or evasiveness; and they weren't told about alternatives motives and suspects. From their perspective, Mark was the only person in the world who would have any reason to do this, and Samuel's apparent change of behaviour only pointed to his death. They believed this because information was withheld from them. That isn't just problematic, it is unjust.
We know that Samuel Alexander (Sami Fahmi El-Kalyoubi) used many different names after moving to the UK from Egypt, foreign nationals often take British names.
To give you a sense of our current understanding of Samuel's life, this is a breakdown of some of the things we have found so far:
1. Sami Fahmi El-KalyoubiJuly 1988 Purchased 2 Prospect Close, Drayton Parslow, Milton Keynes, MK17 0JB (Land Registry, Title Number BM120148).
Jan 1998 Fraudulently obtained mortgage for 101 Elstree Road, Hemel Hempstead, HP2 7QN.
Sept 1999 Fraudulently obtained mortgage for 42 The Square, Marlowes, Hemel Hempstead, HP1 1EP.
Nov 2005 Redirection agreement set up with Royal Mail from 42 The Square, Marlowes, Hemel Hempstead, HP1 1EP.
2006 Aktiv Capital seek to collect debt under this alias from 42 The Square.
May 2006 Registers Fiat Punto, formerly under name of Samuel Alexander, to 6 Bilberry Court, Winchester, S023 8SP (Registration Certificate for OY04 SXU).
Mar 2007 Pursues civil claim in Milton Keynes District Registry Court and Queen’s Bench Division of the High court (Case 6MK00884).
May 2007 Redirection agreement set up with Royal Mail from Flat 6, Bilberry Court, Winchester, SO23 8SP.
Oct 2007 Registers with HMRC for tax purposes.
Jan 2008 Transferred 2 Prospect Close to Samuel Alexander.
April 2010 Inquiries made with SAGA to ensure car.
2. Sami YacoubNov 1987 Registered as Mark's father on his birth certificate, residing at 210 Grasmere Way, Linslade, LU7 2QH.
Nov 1988 Registered at medical practice (41 Connaught Square, London, W2 2HL) with the address 3 Cambridge Court, Sussex Gardens, London, W2 1EX.
March 1989 Putative Mrs Yacoub registered at Norden House Surgery, Avenue Road, Winslow, MK18 3DP using address at 2 Prospect Close, Drayton Parslow, Mk17 0JB.
Oct 1989 Registered on the Aylesbury Vale electoral roll.
Nov 1994 Registered as Mark's father at High Ash CE Combined, Pound Hill, Great Brickhill, MK17 9AS.
Feb 1995 When cautioned for shoplifting, gives this name and address of 6 (rather than No. 2) Prospect Close, Drayton Parslow, MK17 0JB.
March 1995 Registered at The Surgery, 30 Mentmore Road, Linslade, LU7 7NZ using address 2 Prospect Close, Drayton Parslow, MK17 0JB.
April 1998 Registers with HMRC for tax purposes.
Oct 2003 Removed from Aylesbury Vale electoral roll.
Nov 2006 Registers at Dental Practice, 8 – 10 Bourbon Street, Aylesbury, HP20 2RR
May 2010 Letter from 1st Credit Ltd. Collections Officer received at 2 Prospect Close.
3. Sam JacobJuly 1994 Transfers out of medical practice, using address 7 Sandringham Place, Bletchley, MK2 2LW.
April 1995 Registered as Mark's father at Castles County First School using the address 72 Engaine Drive, Shenley Church End, MK5 6BE.
Oct 2003 Applied to Aylesbury Vale District Council for permission to fell trees at 2 Prospect Close.
4. Karl JacobSept 1995 Registered as Mark's father at Alex Campbell County Middle School using the address 34 Great Denson, Eaglestone, MK6 5AU, and naming his putative ‘wife’ Mrs S. Jacob.
July 1996 Registered at Fishermead Medical Centre, Milton Keynes, MK6 2LR with the address 34 Great Denson, Eaglestone, MK6 5AU.
5. Samuel AlexanderDec 2000 Opened Nationwide Building Society account.
Oct 2001 Registers Mark at medical practice (The Surgery, Valley Green, Hemel Hempstead, HP2 7RJ) using address 101, Elstree Road, Hemel Hempstead, HP2 7QN.
Aug 2005 Registered on the Aylesbury Vale electoral roll.
May 2006 Transfers ownership of Fiat Punto from 2 Prospect Close to Samuel El-Kalyoubi at 6 Bilberry Court, Winchester, S023 8SP.
June 2007 Registers with HMRC for tax purposes.
Jan 2008 Receives ownership of 2 Prospect Close from Samuel El-Kalyoubi.
6. Samuel Kaloubi / KalyoubiSept 1995 Listed by Milton Keynes NHS Trust as alias under address 32 Columba Drive, Leighton Buzzard, LU7 3YN.
Financially connected to Samuel Alexander on Experian credit report.
7. Michael BoshraAug 1998 Orders a new central heating system from Homebase.
8. Simon Wahba May 1998 Books Mark (now known as ‘Andrew’) in for a hospital appointment, under address 3 Chapterhouse Road, Luton, LU3 2JG.
9. Basil DemetriusJune 1999 Registered Mark (now known as ‘Alex’) at Medical practice (Masonic House Surgery, 26 High Street, Buckingham, MK18 1NU) under address Flat 3, 31 West Street, Buckingham, MK18 1HE.
June 1999 Registered with medical practice (Verney House, Gatehouse Road, Aylesbury, HP19 3ET) using address 5 Pond Close, Newton Longville, MK17 0BY.
10. Sam HellerSept 1995 Whalley Drive Clinic note Samuel also known by name of Heller.
11. Carlos FernandezNov 1994 Transfers out of medical practice using address 29 Whiteley Crescent, Bletchley, MK3 5DQ.
Aug 1995 Buckinghamshire Child Protection Team note Samuel also known by name of Fernandez.
He might have been a live wire at one time but at the time of his murder he was being looked after by home helps and was in poor health.
I wouldn't overstate this, the Judge himself recognised that Samuel had made a reasonable recovery by 2009, and their is some doubt as to the nature of the work that these employees were actually being paid to do.
The method of his burial is indicative of someone having filled in the grave on a number of occasions. No stranger is ever going to put them-self in such a situation.
This is actually a really important observation. The idea that Mark was responsible would have required him to excavate the site in a stop-start fashion over the course of 2 months, between 5 September and 31 October, returning to the crime scene on multiple occasions. This would have been an extraordinarily risky and reckless thing to do. He would have had to avoid being caught on each visit, clean himself up before each return to London, presumably exhausted for the evening ahead, all while running the risk of the body being discovered. The jury never considered the plausibility of such a scenario, and it is markedly inconsistent with the evidence given by Forensic Archaeologist Dr Stephen Litherland on behalf of the Crown, that "the grave was probably not open for a long time before the first layer of [mortar] was poured as there was little evidence of weathering of the sides of the grave or of any wind blow detritus (such as leaves) in its base".
All of this makes the point that this could not have been the act of a single person, let alone an inexperienced one like Mark.