Author Topic: The CCRC to be reviewed following many complaints.  (Read 19725 times)

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Offline Nicholas

The CCRC to be reviewed following many complaints.
« on: October 18, 2018, 04:28:13 PM »
Not sure if anyone saw this earlier in the year?

"Dr Michael Naughton, Reader in Sociology and Law, submitted evidence for a Tailored Review evaluating the Criminal Cases Review Commission (CCRC). The review will determine whether there is a continuing need for the organisation, and if so will carry out an investigation into the CCRC’s effectiveness as well as the measures in place to ensure compliance with good corporate governance.

The CCRC, established in 1995, investigates possible miscarriages of justice in England, Wales and Northern Ireland and refers cases that have been assessed as having a strong potential to be overturned to a relevant Court of Appeal.

Dr Naughton’s appraisal includes an analysis of the CCRC’s statutory functions, whether the delivery of these functions could be improved, its service to applicants and whether appropriate allocation of resources to cases is in place. To read Dr Naughton’s submission online please click here.

Submissions for the call for evidence closed on 14 January. The review is expected to take four months, after which the final report will be published on the gov.uk website.

https://www.bristol.ac.uk/law/news/2018/michael-naughton-ccrc-submission.html

Worth reading IMO

http://michaeljnaughton.com/wp-content/uploads/2018/01/MOJ-tailored-review-of-the-CCRC-10-January-2018-my-ID-removed.pdf

Here's the CCRC's annual report 2017/18 https://s3-eu-west-2.amazonaws.com/ccrc-prod-storage-1jdn5d1f6iq1l/uploads/2018/07/CCRC-Annual-Report-2017-18_Web-Accessible.pdf
« Last Edit: October 23, 2018, 03:15:35 PM by John »
Who wants to take on this great massive lie?” Writer Martin Preib on the tsunami of innocence fraud sweeping our nation

Offline Nicholas

Re: The CCRC to be reviewed following many complaints.
« Reply #1 on: October 18, 2018, 04:45:50 PM »
Not sure if anyone saw this earlier in the year?

"Dr Michael Naughton, Reader in Sociology and Law, submitted evidence for a Tailored Review evaluating the Criminal Cases Review Commission (CCRC). The review will determine whether there is a continuing need for the organisation, and if so will carry out an investigation into the CCRC’s effectiveness as well as the measures in place to ensure compliance with good corporate governance.

The CCRC, established in 1995, investigates possible miscarriages of justice in England, Wales and Northern Ireland and refers cases that have been assessed as having a strong potential to be overturned to a relevant Court of Appeal.

Dr Naughton’s appraisal includes an analysis of the CCRC’s statutory functions, whether the delivery of these functions could be improved, its service to applicants and whether appropriate allocation of resources to cases is in place. To read Dr Naughton’s submission online please click here.

Submissions for the call for evidence closed on 14 January. The review is expected to take four months, after which the final report will be published on the gov.uk website.

https://www.bristol.ac.uk/law/news/2018/michael-naughton-ccrc-submission.html

Worth reading IMO

http://michaeljnaughton.com/wp-content/uploads/2018/01/MOJ-tailored-review-of-the-CCRC-10-January-2018-my-ID-removed.pdf

Here's the CCRC's annual report 2017/18 https://s3-eu-west-2.amazonaws.com/ccrc-prod-storage-1jdn5d1f6iq1l/uploads/2018/07/CCRC-Annual-Report-2017-18_Web-Accessible.pdf

https://www.fairtrials.org/news/fair-trials-makes-submission-tailored-review-ccrc

https://www.fairtrials.org/wp-content/uploads/2018/01/Fair-Trials-Submission-Tailored-Review-CCRC.pdf

Maybe this needs its own thread?

https://www.parliament.uk/documents/commons-committees/Justice/correspondence/Sos-tailored-review-CCRC-10218.pdf
« Last Edit: October 18, 2018, 04:47:53 PM by Stephanie »
Who wants to take on this great massive lie?” Writer Martin Preib on the tsunami of innocence fraud sweeping our nation

Offline Nicholas

Re: The CCRC to be reviewed following many complaints.
« Reply #2 on: October 28, 2018, 07:32:22 AM »
The head of the miscarriage of justice watchdog last night claimed that ‘fundamental shortcomings’ on the part of police and prosecution was contributing to a ‘real risk amounting to a near certainty’ that innocent people were in prison.

"Speaking last night, Richard Foster, who stands down as chair of the Criminal Cases Review Commission (CCRC) next month, talked about the impact of the disclosure scandal and the ‘widespread and worrying lack grip’ of investigators in the basics of criminal investigation.

‘A lack of grip which is resulting in those who should be brought to justice not being properly investigated, in trials collapsing at the courtroom door or during trial itself; and still worse convictions which prove unsafe and which were entirely avoidable,’ Foster said.

Foster called for the police and CPS to launch their own review of existing convictions. An offer by the CCRC to assist was apparently rebuffed which, Foster said, was ‘disappointing’.

In my view there is a risk that serious miscarriages of justice will go undetected and unrectified as a result.
Richard Foster
 
The CCRC’s head called on the government to legislate to allow the watchdog to disclose reasons for refusing to refer case. He claims that there were ‘many cases’ that the CCRC had looked out and rejected where their investigation turned up new evidence which bolstered the prosecution case that been been disclosed to the applicant and their lawyers in a statement of reasons but which the public never understood.  Under the commission’s governing statute, it is not allowed to disclose such information. Foster said that the restriction was an ‘obvious reputational issue’ for the group.

Foster said he would myself like the Commission ‘to be able to be more open about what reviews have covered and what they’ve found’.  ‘This would require a change to legislation.  But I think such a change would be both timely and desirable,’ he said.

Foster was critical of the press’s support for what he called ‘celebrity cases’ saying there was ‘little if any correlation’ between media profile and the likelihood of its being ‘a genuine miscarriage’. ‘I can think of high profile cases where no basis has been found for supporting a referral, where investigation has actually strengthened the case against the accused or even where the convicted person, having maintained their innocence for years, has subsequently admitted guilt,’ he said.

The CCRC chair also repeated his support for a review by the Law Commission of the Court of Appeal’s grounds for allowing appeals which was a recommendation of the the House of Commons’ 2015 review of the commission. That recommendation was rejected by the then Lord Chancellor, Michael Gove – see here.

Earlier this year the former appeal judge Sir Anthony Hooper argued that the watchdog had become more cautious because the court had set the bar higher than it had been in living memory. ‘It’s become much more difficult for an appellant to succeed…and, therefore that will no doubt influence [the CCRC] on what cases that they send through,’ he told BBC’s Panorama earlier thisyear.

‘If we do after long and careful deliberation conclude that there really is no realistic likelihood of the court quashing a conviction, what useful purpose would such a referral serve other than to raise false hope in the convicted person and pointless pain and concern to the victim, their friends or family?’ Foster said.

However, he said whether the Court of Appeal was ‘unduly restrictive’ in its approach to safety was a separate issue, in particular, in relation to ‘lurking doubt’ cases. ‘We are on record as saying we would welcome such a review,’ Foster said.

Last year the CCRC referred just 19 cases back to the Court of Appeal last year out of a total of 1,439 applications and in 2017 it referred only a dozen. In its latest annual report, the watchdog has cited a ‘low success rate’ in the Court of Appeal and a lack of lawyers willing to represent applicants as a result of legal aid cuts as contributing to the recent marked drop-off in referrals. Over its 21 year history the CCRC has referred on average 33 cases a year.

According to Foster, over the 20 year lifetime of the Commission its referral rate has been 2.7%  ‘Some people think that a low rate,’ he said; before noting that four out of 10 applications were from those who have not exhausted their normal rights of appeal or were otherwise ineligible. ‘And if we look at our referral rate against these cases it nearly doubles to over 5%.  Is that percentage surprisingly low; or worryingly high?’ he asked.
https://www.thejusticegap.com/serious-miscarriages-of-justice-will-go-undetected-says-ccrc/
Who wants to take on this great massive lie?” Writer Martin Preib on the tsunami of innocence fraud sweeping our nation

Offline Nicholas

Re: The CCRC to be reviewed following many complaints.
« Reply #3 on: October 28, 2018, 07:42:48 AM »

The CCRC’s head called on the government to legislate to allow the watchdog to disclose reasons for refusing to refer case. He claims that there were ‘many cases’ that the CCRC had looked out and rejected where their investigation turned up new evidence which bolstered the prosecution case that been been disclosed to the applicant and their lawyers in a statement of reasons but which the public never understood.  Under the commission’s governing statute, it is not allowed to disclose such information. Foster said that the restriction was an ‘obvious reputational issue’ for the group.

Foster said he would myself like the Commission ‘to be able to be more open about what reviews have covered and what they’ve found’.  ‘This would require a change to legislation.  But I think such a change would be both timely and desirable,’ he said.

Foster was critical of the press’s support for what he called ‘celebrity cases’ saying there was ‘little if any correlation’ between media profile and the likelihood of its being ‘a genuine miscarriage’. ‘I can think of high profile cases where no basis has been found for supporting a referral, where investigation has actually strengthened the case against the accused or even where the convicted person, having maintained their innocence for years, has subsequently admitted guilt,’ he said.

https://www.thejusticegap.com/serious-miscarriages-of-justice-will-go-undetected-says-ccrc/

The Jeremy Bamber and Simon Hall cases respectively spring to mind  *&^^&
« Last Edit: October 28, 2018, 07:53:25 AM by Stephanie »
Who wants to take on this great massive lie?” Writer Martin Preib on the tsunami of innocence fraud sweeping our nation

Offline Nicholas

Re: The CCRC to be reviewed following many complaints.
« Reply #4 on: October 28, 2018, 08:12:46 AM »
Miscarriage watchdog blames drop in referrals on ‘low success rate’ in Court of Appeal and lack of lawyers willing to take cases on

"The Criminal Cases Review Commission referred just 19 cases back to the Court of Appeal last year out of a total of 1,439 applications in what it described as ‘a challenging year’. In its annual report published yesterday, the miscarriage of justice watchdog has cited a ‘low success rate’ in the Court of Appeal and a lack of lawyers willing to represent applicants as a result of legal aid cuts as contributing to the recent marked drop-off in referrals. Over its 21 year history the CCRC has referred on average 33 cases a year but last year the Birmingham-based group hit an all-time low sending only a dozen cases back to the appeal judges.

Of this year’s 19 referrals, a total of eight concerned asylum seekers convicted of entering the country with false documentation. Even with the asylum cases, the CCRC’s referral rate is just 1.23% down from an average of 3%. Over the last 12 months, six appeals were heard in relation to CCRC referrals; four convictions were quashed; and one conviction upheld.

In the introduction, the chief exec Karen Kneller called the group’s elimination of its backlog ‘a significant achievement’. ‘[Money] has been tighter even with standstill budgets and workloads higher than we would have liked,’ she wrote.  The Commission identified as a ‘major threat’ to its achieving its aims ‘the securing of sufficient resources’ from Government. Over the last year the CCRC has cut the waiting time for a review to start from 22 weeks for those in custody to a maximum of 13 weeks for all cases. The time taken for an initial decision to be made on review was almost 33 weeks as compared to a 28 week target.

Kneller suggested that most applicants were more concerned with the CCRC’s waiting times than having their convictions overturned. ‘Outside of the Commission people tend to focus on the number of referrals that we make or, even more narrowly, on a tiny handful of high profile cases. Inside the Commission we know that for the majority of our applicants who are unrepresented, the most important thing is the time taken to work on their case and the time we take to complete it.’

The chief exec claimed that the commission had given ‘a great deal of consideration’ to the reasons behind the fall in the number of referrals. ‘[We] need to ensure that we don’t make incorrect assumptions about what may be going on. We do know from experience that a single issue or theme can lead to a high number of referrals. We have seen that to a limited extent in this year’s 19 referrals.’

Since starting work the CCRC has looked into almost 23,000 applications
It has referred around one in every 35 for appeal at an average rate of 33 cases a year
67% of CCRC referrals have been successful
More than 90% of  referrals have related to Crown Court cases
Murder accounts for 23% of referrals.
In the past, 68% of applicants have bot had lawyers – that has now shot up to 80%
The CCRC has always denied that it is overly-deferential to the Court  of Appeal and that its statutory ‘real possibility’ test forces the Commission to ‘second-guess’ the court; however, this year it acknowledges that it has revised the test in light of an increasingly conservative court. ‘Whilst the “success rate” of our referrals is not directly relevant to the “referral rate”, a low “success rate” may well cause an adjustment in our assessment of ‘real possibility’ in individual cases,’ the report reads.

In the decade up to 2015, the commission’s ‘success rate’ ranged between 61% and 77%; but in 2016, it fell to 53% and again to 46% the following year. It said: ‘During the current reporting year, only six CCRC referrals were considered by the appeal courts. Four appeals were allowed and two were dismissed. This gives a “success rate” for 2017/18 of 66.7%.’

The CCRC also recognised that a lack of lawyers willing to help applicants was hindering referrals. Only a quarter of applicants had a lawyer compared to one third in the past. According to a 2008 study from the University of Warwick, there was a striking disparity between the prospects for success of those applicants with lawyers compared to those without: 82% of represented applicants got their cases past a first ‘screening’ stage compared to only 50% of unrepresented applicants.

‘Good legal representatives undoubtedly have a very important role in CCRC applications. We are concerned that the position with criminal legal aid is having an impact on the willingness of individuals and firms to do pro bono work in potential miscarriage of justice cases. We question whether the current conditions are acting as barriers to new representatives securing funding post-conviction, in which the trial representatives’ advice on appeal (which may or may not be good quality) is a key factor.’
CCRC
The CCRC also cited the ‘lack of a major new theme’ – such past themes included sex offences, ‘shaken baby’ and sudden infant death cases, as well as, asylum-seeker cases (although, as explained above, they were heavily represented in this year’s referrals). It didn’t identify joint enterprise as a theme. The CCRC received around 103 applications following the Supreme Court’s ruling in 2016 in R v Jogee that ‘the law had taken a wrong turn’ in 1984 but only referred its first case last year.

Another trend was how increasingly lawyers who specialise in appeals were challenging CCRC rejections through the courts by way of judicial review. The CCRC was the subject of a total of 38 challenges last year, four more than in the previous financial year. No applications were conceded.

The CCRC chair Richard Foster, who retires in October, attacked the Coalition’s 2014 scheme for compensating miscarriage of justice victims which has ‘all but stopped compensation payments’. The scheme is currently being challenged in the Supreme Court. The issue of compensation was ‘usually seen from the perspective of the individual seeking compensation’. ‘This is entirely understandable,’ Foster continued. ‘But equally important is that the State, and its agents, reflect on errors that they have made particularly where these could and should have been avoided such as disclosure failures or poor investigative processes.’

‘So perhaps those concerned with designing and administering compensation arrangements could usefully focus not just on whether the victim ought to be compensated but also on whether, if a wrongful conviction occurred through clear failure on the part of the State, the State ought to be expected to pay. Not just for the purpose of individual recompense but also to focus minds on failures of the State and its agents in a particular case and accordingly to stop mistakes recurring.’

Foster also warned police and prosecution that they could be held to account for the kind of disclosure failures seen in the Liam Allan and other cases this year. In 2016 the CCRC identified disclosure failings as the ‘biggest single cause of miscarriages of justice’. A complainant’s allegations must be treated with ‘the utmost seriousness and investigated accordingly’. ‘But justice must also be even handed,’ he continued. The prosecution team was ‘under every bit as much of a duty to pursue sensible lines of enquiry which might exculpate the accused as it is to pursue lines of enquiry to build the case against them’, he said. Failure to do so is a failure to act professionally, impartially and in the interests of justice. … Police or prosecutors who are guilty of such professional shortcomings should expect to face commensurate professional consequences.’
https://www.thejusticegap.com/miscarriage-watchdog-blames-drop-in-referrals-on-low-success-rate-in-court-of-appeal-and-lack-of-lawyers-willing-to-take-cases-on/
« Last Edit: October 28, 2018, 09:10:35 AM by Stephanie »
Who wants to take on this great massive lie?” Writer Martin Preib on the tsunami of innocence fraud sweeping our nation

Offline Nicholas

Re: The CCRC to be reviewed following many complaints.
« Reply #5 on: October 28, 2018, 09:07:46 AM »
Below is the latest press release from the CCRC.

I find this particular referral interesting and indeed I suspect will prove controversial .....  And wonder if the CCRC have chosen to use this case in order to prove a point to their critics and indeed those whom govern them?


"Gordon Park was cold, selfish and devoid of remorse but not as clever as he thought, says the detective who caught him
The detective who brought Gordon Park, the "Lady in the Lake" killer, to justice after 29 years described him yesterday as a "cold, calculating murderer" who was arrogant, selfish and devoid of remorse

Det Chief Insp Keith Churchman revealed that at the time of Park's arrest a year ago and during two days of interviews, he had in effect taunted the police, suggesting that they would never gather enough evidence to convict him.

In an interview with The Sunday Telegraph, Mr Churchman, 46, who has served in the police for 27 years, spoke yesterday of his satisfaction at being able to clear the name of Mrs Park, who was 30 when she died.

"The biggest thing for me is that the record has now been put straight and Carol Park's good name has been restored. This isn't a woman who abandoned her children and her husband for another man but instead she was a murder victim, killed by the very man who had wrongly blamed her for all those things.

"We now know that Gordon Park was a cold, calculating murderer, who was a control freak and who was very selfish. Everything he has done since 1976 was for himself - to cover up what he did."

"He was a cold fish and very arrogant. His attitude towards us was, `You prove it' [that he had killed his wife]. In the two days of interviews that followed he had only one concern: self-preservation.

"There was not a flicker of emotion towards his wife and obviously, since he was denying everything, no remorse. He just tried to explain away every piece of evidence we had against him

Mr Churchman suspects that Park was so calculating that he murdered his wife on the first day of the summer holidays so as to give himself the maximum time - the six-week school break - before she would be expected back at work.

"Gordon Park wanted to stall the investigation so he could cover his tracks," he said.
Officers suspect that Park decided to murder his wife because she was threatening to leave him and deny him access to their three children, Vanessa, then 8, Jeremy, 6, and Rachel, 5. In August 1979 Park divorced his wife on the grounds of her desertion.

During his interviews with detectives, Park explained why he was apparently so little concerned by his wife's disappearance that he had failed to report her missing. "He said that because she had left him so many times before he was not concerned and that he thought she would just come back as she always did. But we were able to prove that she had never left before without letting him know where she was. So this was not the same as before."

https://www.telegraph.co.uk/news/uknews/1482346/Prove-I-did-it-Lady-in-the-Lake-killer-taunted-police.html


Commission refers the murder conviction of Gordon Park to the Court of Appeal 26th October 2018
The Criminal Cases Review Commission has referred Gordon Park’s murder conviction to the Court of Appeal.

Gordon Park was convicted in January 2005 at Manchester Crown Court for the murder of his wife, Carol Park, 29 years after she went missing in the summer of 1976.  He was sentenced to life imprisonment.

Carol Park’s body was found by amateur divers in Coniston Water, Cumbria, in 1997 and the case became known as the Lady in the Lake murder. (See below for a detailed chronology of the case).

Mr Park appealed against his conviction but the appeal was dismissed in November 2008. Little over a year later, on 25 January 2010, he committed suicide in his cell at HMP Garth in Lancashire. In November 2010 members of Mr Park’s family applied on his behalf to the CCRC.

Following an exhaustive investigation, the CCRC has decided to refer Mr Park’s murder conviction for a fresh hearing at the Court of Appeal.

The Commission is referring the case because it considers there is a real possibility that the Court will quash the conviction in light of new evidence. In the Commission’s view that real possibility arises from the cumulative effect of a number of matters including:

the non-disclosure of expert opinion undermining the consistent implication by the prosecution that Gordon Park’s climbing axe, Exhibit 1 at trial, could be the murder weapon.

the non-disclosure of information undermining the reliability of a prosecution witness who gave evidence of a prison confession.

new scientific evidence showing that Gordon Park was not a contributor to DNA preserved within knots of the rope used to bind Carol Park’s body.
 
renewed relevance of expert evidence, presented for the appellant at the first appeal, that a rock found in the lake near Mrs Park’s remains could not specifically be linked to rocks at Bluestones (the Parks’ home).
 
The Commission’s painstaking and detailed review has considered numerous issues and lines of enquiry and involved several visits to Cumbria, interviews with multiple witnesses old and new, the use of cutting edge DNA testing and the investigation of multiple potential alternative suspects.

During the review we have used our section 17[1] powers dozens of times to obtain material from the Forensic Archive, seven individual police forces, the courts, the Crown Prosecution Service, prison authorities, the Probation Service, and a number of other government agencies and public bodies.

Chronology of the case
Carol Park went missing in the summer of 1976 having been last seen in mid-July.

In August 1997 human remains were found by amateur scuba divers in Coniston Water, Cumbria. The remains were found at a depth of 24 metres, about 200 metres from eastern shore of the lake; they were tightly wrapped in bags and bound with knotted ropes. The body was later confirmed as that of Carol Park.

Gordon Park was arrested following the discovery of the body and was charged with Carol Park’s murder. The prosecution was discontinued in January 1998 on the basis that there was no realistic prospect of a conviction on the evidence then available.

New evidence came to light following the broadcast in September 2000 of a TV documentary called ‘A Very British Murder[2].

Mr Park was arrested on 13 January 2004 and again charged with murdering Carol Park “on or about” Saturday 17 July 1976.

Media coverage of his arrest generated new information which was used in the case against Mr Park.

His trial at Manchester Crown Court began on 25 November 2004 and the jury heard evidence over 27 days. At 3.45pm on Friday 28 January 2005, after deliberating for nine hours and twenty-seven minutes, the jury, by a unanimous verdict, found Gordon Park ‘guilty’ of Carol Park’s murder.

He was sentenced to life imprisonment with a recommended minimum prison term of 15 years.

Gordon Park’s appeal against conviction was dismissed at the Court of Appeal in November 2008.

On 25 January 2010, on his sixty-sixth birthday, Gordon Park took his own life in his cell at HMP Garth in Lancashire.

Members of Mr Park’s family, aided by his legal representatives, applied to the Commission for a posthumous review of his conviction on November 2010.

Mr Park’s family were represented in their application to the CCRC by Mr Maslen Merchant of Hadgkiss, Hughes & Beale Solicitors.

This press release was issued by Justin Hawkins, Head of Communication, Criminal Cases Review Commission, on 07947 355231 or e-mail press@ccrc.gov.uk

 Notes for editors
The Commission is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.
 
There are currently 11 Commissioners who bring to the Commission considerable experience from a wide variety of backgrounds. Commissioners are appointed by the Queen on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.
 
The Commission usually receives around 1,500 applications for reviews (convictions and/or sentences) each year.  Typically, around 3.5%, or one in 29, of all applications are referred to the appeal courts.
 
The Commission considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made.  New evidence or argument is argument or evidence which has not been raised during the trial or on appeal.  Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”.

If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe or the sentence unfair.
 
More details about the role and work of the Criminal Cases Review Commission can be found at ccrc.gov.uk The Commission can be found on Twitter using @ccrcupdate and on Facebook at
 
[1] Section 17 of the Criminal Appeal Act 1995 give the CCRC to obtain material from any public body.

[2] Broadcast on  Channel 4 on Tuesday 12 September 2000.
https://ccrc.gov.uk/commission-refers-the-murder-conviction-of-gordon-park/
« Last Edit: October 28, 2018, 09:45:59 AM by Stephanie »
Who wants to take on this great massive lie?” Writer Martin Preib on the tsunami of innocence fraud sweeping our nation

Offline Nicholas

Re: The CCRC to be reviewed following many complaints.
« Reply #6 on: October 28, 2018, 05:39:20 PM »
Continued from above news article...

"Park was first arrested on August 25 1997, 12 days after his wife's body was found by amateur divers. He was charged with murder, kept in jail but released in January 1998 when the Crown Prosecution Service decided there was insufficient evidence to pursue the case.

In September 1998 an inquest returned a verdict of unlawful killing on Mrs Park. Ian Smith, the coroner, said of her killer: "I hope that if that person is still alive, which they may be, they have a conscience - and I hope their conscience is troubling them."

Park, however, seemed untroubled by his conscience as he continued to enjoy his retirement and pursue his hobby of sailing.

In January 2002 Cumbria Police began a new, secret investigation into the murder using a team of six officers, headed by Mr Churchman. They were able to obtain new evidence from two men who had been in Preston prison with Park while he was awaiting trail in 1997. Both men, one of whom had been his cellmate, said that Park had confessed to killing his wife.

Detectives also obtained crucial new evidence from an expert in knots, who believed that Park had used the same knots, including distinctive "loop knots", to tie up his wife as he used for sailing and climbing.

Eventually, police were convinced that they had obtained enough fresh evidence to re-arrest Park and, once again, charge him with the murder.

Mr Churchman spoke of his pride yesterday at having brought Park to justice. The killer was jailed for life on Friday by Mr Justice McCombe, who said that because of the aggravating features of the case he would have to serve at least 15 years.

"This is a man who thought he had got away with his crime and yet, nearly 29 years on, as the result of good detective work by a small force, we were able to get a conviction. It is very satisfying to achieve such a first-class result."

Park's children with his murdered wife, Jeremy Park, now 34, and Rachel Garcia, 33, had appeared at the courtroom, apparently to support their father during the trial. Vanessa Fisher, 36, the couple's adopted daughter, was not present.

Ivor Price, 65, Mrs Park's brother, collapsed in court after the verdict. Later he said the past 29 years had been "a living hell, a living nightmare".

He added: "This today has all been about one thing: justice for Carol. Gordon Park said he loved my sister and yet he destroyed her character in that court. I just think he's a very, very evil character.
« Last Edit: October 28, 2018, 05:43:54 PM by Stephanie »
Who wants to take on this great massive lie?” Writer Martin Preib on the tsunami of innocence fraud sweeping our nation

Offline Nicholas

Re: The CCRC to be reviewed following many complaints.
« Reply #7 on: October 28, 2018, 05:44:42 PM »
The Lady in the Lake Languished Leagues Below the Surface for 21 years
Posted on July 2, 2014 by lml01

"Carol Price was a boomer baby, one among millions of brand new babies after her father returned home from the war. Carol was adopted and she grew up in the town of Barrow, carolin England. Pretty, brown-haired and brown-eyed, Carol was a sweet girl and lived a happy life with her adoptive family. Pretty and intelligent, Carol enrolled in teacher’s college after high school. Around that time she met Gordon Park, an attractive “man about town” who became smitten with Carol. The two however were very different. Carol was an extrovert, Park the introvert. No matter. Sometimes opposites attractive and it clearly did with Carol and Park. But there was a darker side to Park: he was controlling and aloof. He could turn a cold shoulder to Carol when she displeased him in some small way but Carol remained smitten by her strong, outdoorsy boyfriend and ignored these warning signals.

Park and Carol were married and moved to Leece, a posh village outside Barrow. Park had built a beautiful, modern bungalow for his new wife. Their first few years of marriage were carolreportedly happy although it didn’t last. Two years later, Carol’s sister, Christine, was murdered by her boyfriend, John Rapson. Gordon and Carol adopted Christine’s daughter, Vanessa, who was a year old when her mother died. After recovering from the tragedy, the marriage took a decidedly unpleasant twist. Park was no longer the charming prince Carol thought she’d married. Park demanded a lot of his wife and he refused to allow her to socialize without him. He took her salary and banked it without allowing her access to her own money. In spite of her intellect and former independence Carol was browbeaten and acquiesced to anything her husband demanded. Park forced his wife to partake in ‘wife-swapping’ parties and Carol slept with several men.

Finally in 1974 Carol took a lover. In December 1974, Carol moved out of the marital home and moved to Middlesbrough to live with policeman David Brearley. They met at an Open University summer school. She, her boyfriend and her children moved into a guest house in Littlesburg, at the Lakes. Park drove his family to the house to live, well aware that Carol had a lover. He remained in the car while his family turned and walked away. Over time, Carol told her mother “there is more than one way to be cruel and I’ve always had to obey him.”  Too frightened to meet with her husband alone to discuss custody of the children , Carol met with Park in public places. She refused to get into his car gordonwith him except once. Park brought her home in one piece. On two other occasions, Carol ran from her violent husband. During Christmas holiday, 1974 the custody battle between her and Park was ongoing. He controlled her access to the children; it was minimal. Carol’s children were her life. She would be distraught without them. During a custody hearing, Carol admitted to her affair. Park had also had an affair during the marriage but he lied in court and denied it. The judge awarded him full custody of the children. The only way Carol could be with her children was to return to Park and a bitter marriage. Just before doing so, Carol became enmeshed in two lesbian affairs. Hey, this was the 70’s. Carol left Bearley and reluctantly returned to the controlling, angry Park.

Carol lived a very unhappy life for a year after she returned to Park. She mentioned to the landlady that she had only returned to the house to be with her children. The summer of carol-park-2529592501976 arrived. The very first night of her summer holiday, Carol went missing. The landlady noticed her absence but assumed she had gone on holiday alone. As a rule, they didn’t see her often. One day the landlord knocked on the door and inquired politely as to Carol’s whereabouts. Park admitted Carol had been missing for six weeks and he hadn’t reported it to police. Instead, after the landlord checked on Carol, he reported it to his attorney. Park told police he believed she had “gone off with one of her boyfriends.” Police discovered Carol had left her purse, credit cards and wedding rings behind. A police detective asked Park if he could speak to the children. Park refused. Without a body, police couldn’t bring Park in for questioning.

carolEventually, Park divorced Carol on the grounds of “desertion” and twice remarried. Quite unlucky in love you might say. He was often seen sailing on the lake near the bungalow. Park lived a quiet life and kept a low profile. The children, who obviously missed their mother, appeared happy overall and seemed to be treated well. 21 years later, in 1997, two amateur scuba divers went out for a fun dip in Conestin Lake, never expecting to discover a large, suspicious bundle, wrapped in garbage bags and rope. They notified police. Police found Carol’s watery grave and brought her to the surface. Upon opening the bulky bag, police discovered the grisly remains of Carol Park. Carol was a dreadful, unrecognizable mess. Her head and face had been destroyed by an axe. Right away, Park was arrested and questioned for two days. Incredibly, Park had a smart-ass attitude with police, toying with them during the interrogation.

Detective: What was your first thought in your head when she went missing? What were you thinking?
Park: Here we go again.
Detective: Would you like to just explain that?
Park: Not really but I will. It’s when a wife walks out on you, you don’t know where she’s gone or why. It’s a very horrible feeling. It’s just awfully, totally disorientating. No doubt you’ve got experts who can tell you all about that. Happened before….and you wonder what’s going to happen this time and if there’s going to be another boyfriend.

gordonPark was charged with murder and incarcerated in Preston Prison. Within months charges were dropped and Park had once again gotten away with murder. Six years passed. Forensic investigation into the case revealed that Carol had been tied into the fetal position with the same type of rope Park kept in his home for his rock-climbing hobby. A detective compared the type of knot that had been used to tie Carol’s body and the bags around it. Rather than the typical “granny” knot or “reef” knot – a very simply, common knot people use, this was a complex type of knot that only someone familiar with boating or mountaineering would use. Most people are unable to tie this type of knot.

Seven more years passed. A rock found in the lake bed was also linked to Park. A green slate rock was found beneath the body, embedded into the bottom of the lake. This type of rock wasn’t found on or in Conestin Lake, meaning it was from a foreign location. Instead, this rock had been used to weight the body to keep it from rising to the surface. Similar slate was found at the bungalow Park had built for Carol. Interestingly, a type of rock was also found with Carol’s body that wasn’t a match for the rocks at the bottom of the lake. That too had come from the bungalow. And you never knew rocks were so fascinatingly unique, did you?

A cell mate with learning disabilities and a mental age of 9 came forward to tell police that while he was incarcerated with Park for a time, Park admitted to him he had indeed killed his wife. Although the man was mentally disabled, he was utterly certain about Park’s confession. The only time the man was able to lie, in fact, was when he tried to invent stories about himself. He provided an excellent witness for the defense. By January 2004, police had the ropes, rock, Carol’s clothing and the cell mate’s witness statement. They arrested Park again for Carol’s murder. Park had no reaction whatsoever. His main concern was he wished to shower and groom himself before he went to jail. Happily, Park pranced about nude in front of two male policemen before he got dressed. Weird or what?

Park spoke for hours about his knotting expertise, quite happy to brag about his ability. Eventually he realized his mistake and tried to back pedal, claiming sometimes he used ropemountaineering knots and sometimes he didn’t. Park was returned to his cell alone. He paced and talked to himself. He wept. He sat, stood, and paced. This time, 28 years had passed and finally Park was charged and he wouldn’t be released. Amazingly, a couple now contacted police and stated they’d seen Park dumping his wife’s body. John Young had proposed to his wife Joan on that particular day. The two happened to look out over Conestin Lake and Joan joked “I hoped that isn’t his wife he’s got in there.” Imagine that: One man is proposing marriage while another is dumping his dead wife’s body. Bit of a contrast, that.

The jury trial began. Park was a cool cucumber. Park’s composure began to slip over the weeks and he began to lie during questioning. One foolish lie was that Park claimed he hadn’t worn spectacles in 1973 when Carol was murdered, as the Youngs had claimed. But hundreds of photographs during that year showed that he did. More lies of that sort continued. It was determined that Park had smashed Carol in the face with a climber’s pick-ax. He kept her body in the freezer for some days until he disposed of it. When the defense and DA rested, it took the jury 10 hours to return a guilty verdict. Park had killed his wife when he was 32. A the age of 61 he finally paid for it with a prison sentence of life. The lady in the lake had lain languishing for 21 years. She languished for 7 more years until justice was served.

park_letterIn 2009, Park’s third wife Jenny sent him the Prison and Probation Ombudsman’s report. He read about serial killer GP Dr Harold Shipman’s suicide in Wakefield prison. Park assured Jenny he  ‘didn’t think it was necessary‘ to be on the [suicide] watch. In November 2008 Park’s appeal into his conviction failed. The following month, at the age of 66, Park committed suicide in his cell. Before his suicide,  Park  demonstrated behaviour typical of a suicide, by giving his possessions away to other inmates.

Park the Pathetic didn’t mind leaving Carol to languish in the lake for 21 years but he couldn’t live for 5 years in prison. Ironically, he hung himself by ligature and he placed a plastic bag over his head. I suppose there weren’t any rocks available in his cell.
https://krazykillers.wordpress.com/2014/07/02/the-lady-in-the-lake-languished-leagues-below-for-21-years/
Who wants to take on this great massive lie?” Writer Martin Preib on the tsunami of innocence fraud sweeping our nation

Offline Nicholas

Re: The CCRC to be reviewed following many complaints.
« Reply #8 on: October 28, 2018, 07:27:04 PM »
Doesn't the Park case fall under "celebrity cases" referred to by Richard Foster?
https://www.thejusticegap.com/serious-miscarriages-of-justice-will-go-undetected-says-ccrc/


"A lack of grip which is resulting in those who should be brought to justice not being properly investigated, in trials collapsing at the courtroom door or during trial itself; and still worse convictions which prove unsafe and which were entirely avoidable,’ Foster said.

Foster called for the police and CPS to launch their own review of existing convictions. An offer by the CCRC to assist was apparently rebuffed which, Foster said, was ‘disappointing’.
« Last Edit: October 28, 2018, 07:31:33 PM by Stephanie »
Who wants to take on this great massive lie?” Writer Martin Preib on the tsunami of innocence fraud sweeping our nation

Offline Nicholas

Re: The CCRC to be reviewed following many complaints.
« Reply #9 on: October 28, 2018, 07:34:18 PM »
"The head of the miscarriage of justice watchdog last night claimed that ‘fundamental shortcomings’ on the part of police and prosecution was contributing to a ‘real risk amounting to a near certainty’ that innocent people were in prison


And yet they spend their time money and resources prioritising the case of a dead man?
Who wants to take on this great massive lie?” Writer Martin Preib on the tsunami of innocence fraud sweeping our nation

Offline Nicholas

Re: The CCRC to be reviewed following many complaints.
« Reply #10 on: October 29, 2018, 08:21:45 AM »
CCRC Chair Richard Foster’s farewell speech delivered 10 October 2018 at University College London


https://s3-eu-west-2.amazonaws.com/ccrc-prod-storage-1jdn5d1f6iq1l/uploads/2018/10/CCRC-2150080-v1-Farewell_speech_-_10_October_2018.doc

Worth reading
« Last Edit: October 29, 2018, 09:25:45 AM by Stephanie »
Who wants to take on this great massive lie?” Writer Martin Preib on the tsunami of innocence fraud sweeping our nation

Offline Nicholas

Re: The CCRC to be reviewed following many complaints.
« Reply #11 on: October 29, 2018, 08:46:06 AM »
The Jeremy Bamber and Simon Hall cases respectively spring to mind  *&^^&

Richard Foster stated:

"A word here about what might be loosely termed “celebrity cases”, cases where there is strong interest by the public and strong campaigning support for what is invariably characterised as an obvious miscarriage of justice.  In the Commission’s experience there is little if any correlation between the media profile of a case and the likelihood of its being a genuine miscarriage. I can think of high profile cases where no basis has been found for supporting a referral, where investigation has actually strengthened the case against the accused or even where the convicted person, having maintained their innocence for years, has subsequently admitted guilt.  Equally, some of the most shocking miscarriages of justice this Commission has seen have attracted little if any public interest even after the full extent of the miscarriage has come to light

https://s3-eu-west-2.amazonaws.com/ccrc-prod-storage-1jdn5d1f6iq1l/uploads/2018/10/CCRC-2150080-v1-Farewell_speech_-_10_October_2018.doc
Who wants to take on this great massive lie?” Writer Martin Preib on the tsunami of innocence fraud sweeping our nation

Offline Nicholas

Re: The CCRC to be reviewed following many complaints.
« Reply #12 on: October 29, 2018, 09:45:23 AM »
Richard Foster continued...

"A word about openness. The Commission has considerable, and potentially highly intrusive, investigative powers.  These give the Commission the ability to access not only police and security intelligence of the most sensitive kind, but also to look into the most intimate details of people’s private lives. Obviously if we refer a case our review findings, subject to the usual constraints, are available to the Court and so in the public domain.  But if we conclude a case and do not refer it, Section 23 of the 1995 Act makes it a criminal offence for us to disclose anything we found during the review, save in the most limited of circumstances, so as to protect the privacy of individuals and to protect sensitive information.
 
I know that can be a source of frustration to campaigning groups, journalists and others.  It can also, believe me, be a source of frustration to ourselves.  I can think of many cases we have reviewed which not only found no basis for referral but where our investigation turned up new evidence which strengthened the prosecution case.  In our statement of reasons this will properly have been disclosed to the applicant and their legal representatives.  But we cannot disclose this new evidence more widely ourselves.  And, for obvious reasons, the applicant will seldom want to do so.
 
In such cases the applicant may continue to maintain their innocence, as they are of course fully entitled to do, perhaps releasing selected parts of our findings – those which support their case – or simply rest on the assertion that our review was not sufficiently thorough and complete.  It is extremely difficult for the Commission to respond to this other than in the most general terms. Not only because of the Section 23 prohibition on disclosing anything found in our review but also because the Commission must always keep – and be seen to be keeping – an open mind about cases.  Applicants are free to re-apply to the Commission at any time.  And if they do so we must be able to consider their new application entirely afresh and in a completely unbiased way.
 
That said, I do not think the current situation is satisfactory.  Apart from the obvious reputational issue for the Commission, we live in an age that places a high premium on transparency; and rightly so.  Obviously sensitive personal and security information needs appropriate safeguarding.  But I would myself like the Commission to be able to be more open about what reviews have covered and what they’ve found.  This would require a change to legislation.  But I think such a change would be both timely and desirable.
Who wants to take on this great massive lie?” Writer Martin Preib on the tsunami of innocence fraud sweeping our nation

Offline Caroline

Re: The CCRC to be reviewed following many complaints.
« Reply #13 on: October 29, 2018, 12:02:46 PM »
Continued from above news article...

"Park was first arrested on August 25 1997, 12 days after his wife's body was found by amateur divers. He was charged with murder, kept in jail but released in January 1998 when the Crown Prosecution Service decided there was insufficient evidence to pursue the case.

In September 1998 an inquest returned a verdict of unlawful killing on Mrs Park. Ian Smith, the coroner, said of her killer: "I hope that if that person is still alive, which they may be, they have a conscience - and I hope their conscience is troubling them."

Park, however, seemed untroubled by his conscience as he continued to enjoy his retirement and pursue his hobby of sailing.

In January 2002 Cumbria Police began a new, secret investigation into the murder using a team of six officers, headed by Mr Churchman. They were able to obtain new evidence from two men who had been in Preston prison with Park while he was awaiting trail in 1997. Both men, one of whom had been his cellmate, said that Park had confessed to killing his wife.

Detectives also obtained crucial new evidence from an expert in knots, who believed that Park had used the same knots, including distinctive "loop knots", to tie up his wife as he used for sailing and climbing.

Eventually, police were convinced that they had obtained enough fresh evidence to re-arrest Park and, once again, charge him with the murder.

Mr Churchman spoke of his pride yesterday at having brought Park to justice. The killer was jailed for life on Friday by Mr Justice McCombe, who said that because of the aggravating features of the case he would have to serve at least 15 years.

"This is a man who thought he had got away with his crime and yet, nearly 29 years on, as the result of good detective work by a small force, we were able to get a conviction. It is very satisfying to achieve such a first-class result."

Park's children with his murdered wife, Jeremy Park, now 34, and Rachel Garcia, 33, had appeared at the courtroom, apparently to support their father during the trial. Vanessa Fisher, 36, the couple's adopted daughter, was not present.

Ivor Price, 65, Mrs Park's brother, collapsed in court after the verdict. Later he said the past 29 years had been "a living hell, a living nightmare".

He added: "This today has all been about one thing: justice for Carol. Gordon Park said he loved my sister and yet he destroyed her character in that court. I just think he's a very, very evil character.

I remember when tey found her body, quite a famous case up here. It was a miracle that they found her.

Offline Nicholas

Re: The CCRC to be reviewed following many complaints.
« Reply #14 on: October 29, 2018, 12:20:15 PM »
I remember when tey found her body, quite a famous case up here. It was a miracle that they found her.

Gordon Park appears to have been high up on the psychopathy spectrum IMO, similar to Jeremy Bamber.
Who wants to take on this great massive lie?” Writer Martin Preib on the tsunami of innocence fraud sweeping our nation