As far as I can see it is the prosections responsibility to maintain all trial exhibits indefinitely? Which makes sense I guess as the defence could launch an appeal at any time and yet we know in JB's case some exhibits were destroyed. If I'm right about this it could potentially produce an undesirable outcome as I think the court might take a dim view and err on JB's side as they did at his previous appeal hearing with June's DNA:
160. The appellant subsequently made a formal complaint to the Essex Police about their handling of his case. In 1991, the City of London Police at the request of the Home Office, carried out an investigation of the appellant's complaint. To conduct that inquiry a vast amount of documentation was gathered, access to which has been given to the appellant's legal advisers and some of the material gathered in that way is relied upon in support of the grounds of appeal.
161. On 24 September 1993, the appellant petitioned the Home Secretary seeking a reference to the Court of Appeal. During consideration of the petition, the Home Office declined to disclose to the appellant expert evidence that it had obtained.
162. On 25 July 1994, the petition was refused.
163. On 28 November 1994, the appellant succeeded in a challenge by way of judicial review of the decision refusing to supply the expert report. The Home Office then supplied the evidence and agreed to reconsider the petition in the light of any further representations that might be made on behalf of the appellant.
164. There then followed a lengthy period of correspondence but no further representations were made. The CCRC in its reference (at paragraph 5.4) records:
"However it is clear from the correspondence that the case was still live and awaiting further representations at least at the end of 1995."
165. In February 1996, the Essex police destroyed many of the original trial exhibits without reference to the appellant or his legal representatives. It might have been necessary for this court to examine the circumstances in which this had happened. The police officer responsible contended that it was done without his appreciating that there was any on-going legal process that might require the further use of the exhibits. However, during argument it was agreed that the court could protect the appellant's position by making assumptions in his favour and that, therefore, it was unnecessary to resolve precisely how this came about.
I would only want to see JB's conviction overturned on solid reliable evidence. I'm not suggesting the court would go as far as assuming the casings contained SC's fingerprints but they would surely have to make some consession?