Jeremy Bamber lawyers challenge CPS over withheld evidence By Eric Allison and Simon Hattenstone
Lawyers representing Jeremy Bamber, who is serving a whole life sentence for killing his adoptive parents, sister and her six-year-old twin boys in 1985, have launched a high court challenge to the Crown Prosecution Service for its failure to disclose evidence they say would undermine the safety of his conviction.
But a week before the trial, the head of biology at Huntingdon Forensic Science Laboratories wrote to Essex police in a letter seen by the Guardian last year, saying the blood on the silencer “could have come from Sheila Caffell or Robert Boutflour”, another relative. That letter was not disclosed to the defence.
Last year, the Guardian reported on a letter sent to Bamber’s lawyers from the then head of special crime at the CPS on this issue. It stated that while he did not believe there was evidence of a second silencer, if any emerged it “would significantly undermine the case against JB [Jeremy Bamber] and any material supporting such a possibility would plainly be material which casts doubt on the safety of the conviction.”
Earlier this year a peer-reviewed report compiled by Phillip Boyce, a ballistics expert at Forensic Equity Ltd, was sent to the CPS suggesting there had been more than one silencer. Boyce, who has advised governments and the United Nations on ballistics, concluded that, based on differing groove patterns, sizes and exhibit numbers, “at least two sound moderators had been examined in this case”. Boyce believes both silencers contain blood that could belong to either Caffell or Robert Boutflour. The CPS has dismissed his findings, without employing its own expert to study his report, as is the protocol.
Mark Newby, a solicitor advocate from QualitySolicitors Jordans, which represents Bamber, said: “It is disappointing that the CPS has not agreed to provide material that is needed by an independent expert to support the overwhelming inference that a second silencer was examined during the police and forensic science service investigations. We hope that this can quickly be resolved so that the expert can get on with his job and the case can be put back before the court of appeal in order to correct this very grave miscarriage of justice.”
https://www.theguardian.com/uk-news/2019/dec/08/jeremy-bamber-lawyers-challenge-cps-over-withheld-evidence
How embarrassing
Interesting to see a solicitor, who I presume isn’t involved directly with the case, to be seen to openly support Bamber
dean kingham
@deankingham
A very good 2018 for the @SwainSolicitors prison law team. Highlights include cat a downgrades, convictions quashed, innocent people released by the Parole Board, accused individuals found not guilty. 2019 will be better. I have a feeling Bamber and Stone will have good years.
1:04 AM · Jan 1, 2019·Twitter for iPhonehttps://mobile.twitter.com/deankingham/status/1079906216472653824In relation to the Mark Alexander case Dean Kingham states,
‘Don’t claim it’s factual. No nothing about the case. Until today hadn’t heard of it. I head the team at Swain and Co prison dept but don’t know every case we have” (sic) 8th Dec 2019
“I’ve already made it clear I don’t know about this case.” (1:25 PM · Dec 9, 2019)
Does he
know the ins and outs of the Bamber case or is he ‘blindly supporting’ the campaign?
‘
Well known to Parole Board members, Dean is highly experienced in challenging prison authorities. His reputation of being fearless in arguments to the board has led to him to represent some of the most high profile prisoners. Dean is passionate about miscarriages of Justice and is committed to assisting prisoners who maintain their innocence. He writes articles for organisations assisting those whom maintain their innocence.https://www.associationofprisonlawyers.co.uk/employees/dean-kingham/Systemic Bias Against Prisoners Who Maintain Innocence - 7th Jan 2019
We publish, below, a recent press release from Progressing Prisoners Maintaining Innocence (PPMI), following on a meeting, arranged by them, at the House of Commons on 10 December:
“Some 60 people met at the House of Commons on 10th December to review the problems faced by wrongly convicted prisoners, ex-prisoners maintaining innocence, and their families. Highlight of the meeting was a vigorous discussion about how best to improve the efforts made to recognise their situation in jail, and after release, and how to improve attitudes in the legal profession.
The meeting was attended by solicitors and other legal professionals working in the field, and representatives of groups campaigning for justice for wrongly convicted prisoners, ex-prisoners maintaining innocence and the families of prisoners.
The meeting opened with four presentations by Dean Kingham (Parole Board lead solicitor for the Association of Prison Lawyers), Dr. Ruth Tully (a forensic psychologist specialising in the field) and two ex-prisoners who had each served a decades-long prison sentence while continuing to maintain innocence.
A lengthy and robust discussion followed. The many difficult issues raised included –
· the patronising indifference of the legal and prison systems to the claims of innocence from convicted prisoners
· the assumption that every conviction is correct in fact as well as in law
· the specific penalties inflicted on prisoners for denying guilt, including longer sentences
· the huge problems prisoners claiming innocence have coping with frustration
· the need for prison psychologists to accept that some prisoners have been wrongly convicted, and respond accordingly
· the failure of the system to recognise that there are a significant number of individuals in prison whom are innocent and were wrongly convicted
· the expensive pointlessness of the CCRC which refuses to investigate possible miscarriages, and claims it cannot do so
· the dire shortage of legal aid after conviction
· the failure of the legal system to disclose unused evidence to prisoners.
The meeting concluded that the undeniable evidence of systemic bias against prisoners who maintain innocence needed serious attention at the highest level.
A question posed to Dean Kingham was whether the Parole Board was fit for purpose? He gave a robust talk indicating the faults within our system primarily rest with the Justice Minister, the Ministry of Justice and Parliament. He gave a number of pertinent examples.
Without any specific or justifiable reason, spending years more in prison after expiry of the sentence was vigorously condemned. Furthermore, the consequences of wrongful convictions had proven costly to the public purse, and to the individuals and their families – an aspect of wrongful convictions which ought to concern all tax-payers.
The consensus view of the meeting was the need to address these issues seriously, and at the highest legal and political levels. Such executive action was long overdue.
The meeting was organized by ‘Progressing Prisoners Maintaining Innocence’
https://mojoscotland.org/systemic-bias-against-prisoners-who-maintain-innocence/
Dean Kingham, Head of Prison Law, Public Law and Crime, Swain & Co. Parole Board Lead for the Association of Prison Lawyers (APL):
“Swain and Co specialise in dealing with prisoners stuck in the system, high profile, and complex cases. We instruct psychologists regularly and require forensic psychologists at the forefront of their profession. We have always found Tully Forensic Psychology to be leaders in the world of forensic psychology. The team is lead by Dr Ruth Tully, whom has developed psychological research applicable to prisoners and rehabilitation. The reports are of great assistance to us in arguing that prisoners should move through the system, progress to open conditions, or be released. The team often face very probing questions from The Parole Board and are able to explain and develop the evidence within their reports extremely well. We have found the assessments and reports to be key components in arguing clients’ applications to The Parole Board. They are leaders in the world of forensic psychology.”https://tullyforensicpsychology.com/testimonials/“On Monday 10th December, I attended the House of Commons at the Progressing Prisoners Maintaining Innocence (PPMI) Annual Lecture, ‘Is the Parole Process Fit for Purpose? Releasing Safe Individuals Promptly.’ This event was attended by guest speakers, Dean Kingham, Head of Prison and Public Law at Swain & Co, Ruth Tully, forensic psychologist from Tully Forensic Psychology and two ex-prisoners, Chris and Cookie.
It was a thought-provoking evening and it was great to meet so many passionate people who work helping those wrongly convicted, and as well many inspiring families who have been gravely affected by miscarriages of justice.
Dean Kingham was the first to answer the ever-important question, ‘Is the Parole Process Fit for Purpose?’ Dean was instructed by Mr Worboys in the Judicial Review, is in front of the parole board daily at oral hearings, and has been involved in many poignant cases in the past few years, namely The Queen (on the Application of Wakenshaw) v The Secretary of State for Justice, where the High Court made a declaration that the Justice Minister had interfered with the independence of the parole board. This is a clear example of how the Justice Minister has no respect for constitutional values that are deep rooted in this society, namely the doctrine of the separation of powers and Dicey’s Rule of Law.
Dean stated in reply to the question,
“It is not about whether the parole board is fit for purpose for those maintaining innocence, the question is whether the Secretary of State for Justice is fit for purpose.”
Dean exclaimed that although we are not where we would ideally like to be with the parole board and how it effects those who maintain innocence, improvements have been made and the parole system is better than it used to be, in that the likes of HORIZON and KAIZEN are now offered as offending behaviour courses, where one will not have to discuss the index offence. Ultimately however, the problems of the system seem to always fall back into the Justice Minister’s hands, and problems with parole are the same. When one is recommended for open conditions by the parole board, the Secretary of State inevitably has the final decision, which in a case we worked on recently was turned on us negatively.
Dean spoke at length about the troubles with progressing those who are category A, and the issues with the category A team in that they essentially penalise those who maintain innocence. Dean also discussed the major cuts on probation and the effect that this has had on the parole process itself, and moreover discussing that HMPPS in its entirety completely misunderstand maintaining innocence. Often it is naturally assumed that maintaining innocence equates to risk, but it has been evidenced that maintaining innocence is often a protective factor.
It was also mentioned that despite the slight dip in release rates post-Worboys, release rates have in fact gone up, and the number of oral hearing have rocketed, given the rulings in Osborn, Booth and Reilly. Only today did we at Swain and Co get a release decision for someone maintaining innocence.
On a final note, Dean mentioned the cost of keeping people incarcerated… £40,000-£60,000 per year, and £70,000 for those in the high secure estate. Thus, he detailed how necessary it was to progress those in prison to be able to have their risk managed in the community, and moreover the importance of progressing prisoners maintaining innocence.
Following on from Dean, Ruth Tully, a forensic psychologist of Tully Forensic Psychology, discussed the linked with psychology and progressing prisoners maintaining innocence. Ruth is an independent psychologist who often creates psychological reports of offenders who go in front of the parole board, at the instruction of solicitors representing them. An independent psychological assessment is an assessment by a psychologist who is independent of the system that detains them, and an assessment which is conducted by those who will present their truthful professional opinion of the offender.
Ruth depicted an often-common situation in which a prisoner may have had a very bad experience of prison psychology, and how that will often affect their engagement with psychology in general. Ruth clearly stated that the relationship between denial and increased risk is objectively unclear, and that denial doesn’t necessarily increase risk - the research is inconclusive overall. Ruth also spoke at length at about enabling a good rapport with offenders to be able to complete a full assessment of them, and this involves progressing those who maintain innocence, who often do not want to discuss the index offence they maintain they have never committed. Psychology often involves discussing the index offence, but an understanding of their stance and their view that they have never been involved in that, will improve the quality of report writing.
Offending behaviour courses are often ‘sold’ as being the only way to reduce risk in many prisons, however, Ruth discussed that offending behaviour work is not the only pathway to progression and thus a reduced risk of serious harm.
The event then heard from Chris, who was released 6 weeks ago after spending 20 years incarcerated for Joint Enterprise. The injustice of Joint Enterprise is well known, from the old case of Derek Bentley to the most recent case of Laura Mitchell and is brought to public knowledge and fought against daily by the wonderful grassroots campaign that is JENGbA.[/i]
Read more here:
https://www.swainandco.com/prison-law/progressing-prisoners-maintaining-innocence-annual-lecture-10th-december-2018-at-the-house-of-commons/He uses a number of studies he has on denial/maintaining innocence, age on risk and the limitations to assessment such as the Risk Matrix 2000.
Dean is passionate about miscarriages of Justice and is committed to assisting prisoners who maintain their innocence. He writes articles for organisations assisting those whom maintain their innocence. Dean was asked to attend the Innocence Network UK 2011 annual meeting entitled, Investigating a claim of Innocence: Going beyond a desktop review and be a guest speaker.
https://www.swainandco.com/team-view/dean-kingham/
