Author Topic: Barry George revisited.  (Read 30912 times)

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Offline Nicholas

Re: Barry George revisited.
« Reply #960 on: November 29, 2019, 08:36:31 PM »
Why did Dr Michael Naughton choose to write the forward of Michelle Diskin Bates book?

The same Michelle Diskin Bates who was and is a Patron of Jeremy Bamber’s campaign.

Dr Michael Naughton is apparently attending the meeting and march in Swansea alongside his mate Michael O’Brien on Sunday, organised in response to mass murderer David (Dai) Morris ‘pleas of innocence’

Michelle Diskin Bates won’t be able to make it but states, “thrilled to hear it’s going ahead. God go with you...May justice prevail.”

The crowns case was that David Morris was “a violent thug" with a strong history of "violence towards women".

Read for yourself the injuries he inflicted on his victims, the youngest was 8 years old https://www.dailymail.co.uk/news/article-386734/Sexual-adventurer-family-killed-scrap-dealer.html
A Lie Can Travel Halfway Around the World While the Truth Is Putting On Its Shoes

Offline Nicholas

Re: Barry George revisited.
« Reply #961 on: November 29, 2019, 08:47:47 PM »
Team Barry 2008 by Mike Bourke, Uncle of Barry George - taken from “Mike’s Story the battle to clear Barry George of the Jill Dando murder https://www.amazon.co.uk/Mikes-Story-Battle-George-murder/dp/1907163441

“Jill Dando was one of their own, and it would be naïve for anybody to think that the media would ever forgive Barry for the crime, which he had been charged, convicted, and ultimately cleared of, unless perhaps the real killer was identified as in the Rachel Nickell case. If some of Barry’s supporters expected a sympathetic reaction from them then they were sadly mistaken, and the immediate selling of his story to News International to the exclusion of others would not have helped matters. On Saturday August 2nd the Daily Mail reported that a ‘police source’ claimed that Alan Farthing and the Dando family wanted the murder case to remain closed. I thought that a little puzzling, if true. Barry’s 1982 victim’s story was again published, 26 years after the event, for which Barry paid the price handed down by the courts. The Telegraph claimed that a feud had erupted between Barry’s supporters and Scotland Yard. William Clegg QC accused the police of ‘closing their minds’ to other suspects. He said the police and CPS needed to keep an open mind. ‘I think they did close their minds after the arrest of Barry George, yes’. Detectives were reported to be livid at the criticism. A Scotland Yard source said it was to be expected that people connected with George were now coming out to attack the police. Commander Simon Foy, head of the Met’s Homicide Command said ‘We are disappointed by today’s verdict… however we respect the verdict of the court’. I was quoted as saying that Barry would be like a fish out of water if he were to live in Ireland, and that he would not return to Fulham. Some East Acton neighbours said that they would be happy if he were to live with his mother there. I do not agree that there is a feud with the police but I do believe that they missed something vital in the early days of the investigation. They may have placed too much reliance on the computer HOLMES rather then spending a little more time at the crime scene interviewing witnesses, preserving evidence, following up leads and kicking down doors without undue delay. I would call that constructive criticism. It was pointed out by John McVicar that under Scottish law the jury would have had the option of a ‘not proven’ verdict. ‘Not Proven’ is basically an acquittal and was described in 1824 by novelist and Sheriff Sir Walter Scott as ‘That b........ verdict, not proven’. I feel it was a little mean of McVicar to try and muddy the waters with such tripe, which has no relevance in English law. Barry was found Not Guilty. What could be clearer? In the afternoon I met Scott for the last time in Victoria where we had an afternoon drink in the Shakespeare pub. At about 15.00 Michelle phoned me from the hotel saying that they had just finished the interviews and asked me what I was doing. I said I was with Scott but we could not talk further as the line went dead. At about 22.00 she again phoned me and asked if I knew that Scott had written an article for the Sunday Mirror. I explained that Scott was a writer and so it was to be expected that he might write something as he was also outside the Old Bailey when she and MOJO were speaking to the media. She said that Barry could lose money as a result and in the background I could hear him speaking quietly. But nobody had requested that I or Scott should remain silent. I later heard that there was consternation at the News of the World when it was realised that the Sunday Mirror was running a Barry George story ahead of their ‘World Exclusive’. I had to laugh at that remembering the Clonakilty affair of July 2001. It wasn’t revenge but it felt sweet nonetheless. On Sunday morning I was listening to the radio and heard that just a few weeks prior to Jill Dando’s death her agent Jon Roseman had finished writing a novel about a showbusiness agent whose male clients are murdered causing the agent to turn detective. The police interviewed Jon and the book titled GOOD MEN DIE LIKE DOGS was never published. I thought that was one weird story, stranger than fiction. I went to a café with a couple of friends for breakfast, and bought a few newspapers. The headlines hit me like a slap in the face. The News of the World article was prefaced with the warnings, OUR LAWYERS ARE WATCHING’. They described Barry as a ‘BUG-EYED ODD-BALL.’ They claimed he confessed: ‘’ I didn’t kill Jill Dando-because I was stalking ANOTHER woman.’’ He was shown posing with the horrible prison issue plastic bag which I had concealed when entering the hotel. In their ‘World Exclusive’ he was quoted as saying ‘After leaving HAFAD I bumped into a woman who was later a prosecution witness and said I was stalking her… That was at 12.33pm…’ That was obviously a reference to Julia Moorhouse who he had always denied meeting. He denied being the man in the photo wearing a gas mask and brandishing a gun. At one time he had told me that it was him in the photo and at another he denied it. The police said that he had admitted to them during questioning that it was him and I accept that it was. He claimed to be a Leeds United fan since 1972 and I recall him saying to Eddie in the mid ‘70s that they were his favourite team. Eddie had laughed then thinking that he was a fan just because Leeds were then the league champions. Under the headline ‘We didn’t just nab the local nutter’ retired detective inspector Ian Horrocks who was second in command of the murder investigation said he accepted the result of the retrial, but that he had agreed with the first jury’s verdict. He claimed that they had carried out a thorough investigation and eliminated all suspects apart from one-Barry George. The article then claimed that there was an uncomfortable incident at the hotel where Barry allegedly acted in a potentially indecent manner targeting Susan Young. (Dr Young would later confirm to me that she never once felt threatened or unsafe with Barry) In an article by Lucy Panton Susan was reported as being convinced that he was not capable of carrying out an execution killing. As I looked over the papers I felt nauseous, broke out in a sweat and had to push my breakfast away, I felt quite ill and it was not Guinness related. Our great victory now seemed hollow and I later said to David James Smith that it seemed like we had won the battle but lost the war. The Sunday Mirror ‘Exclusive’ had the independent article by Scott Lomax which was much more sympathetic towards Barry, though perhaps not entirely accurate. I was later told that there were threats of legal action over the article and I let it be known that if so I would be a witness for the defendants. Fortunately that Pandora’s Box was never opened. In the Mail on Sunday Jon Roseman revealed that he had never believed that Barry was the killer, instead thinking that Jill was shot by the Serbs. Overall much of the press coverage seemed to insinuate that Barry got away with it, but that he was really guilty. That would seem to reflect the police response. I saw just a little of the SKY News interview interview but I was not impressed by what I saw and heard. It seemed to me as if Barry was reciting from a script. I almost laughed as he earnestly said that he couldn’t begin to understand what the Dando family was going through. It just didn’t sound like something which he would say without being prompted, I felt they were not his words. I thought of the ‘idiot cards’ used by the BBC to prompt their interviewers on live shows such as ’Wogan’ back in the mid ‘80s. David James Smith later described the interview as cringe making and I have to agree. Kay Burley appeared kind and sympathetic while Michelle smiled sweetly as Barry struggled to find the word ‘foreman’, prompted gently by Kay. I felt that those media interviews were a mistake and damaged his chances of attaining public acceptance. Within two days he had been transformed from tragic miscarriage of justice victim deserving of some sympathy into something much less savoury. When I opened the JfB e-mails I saw nasty derogatory messages which were intended for Michelle, something which had rarely ever happened up to this. One told her to take her lovely brother to Ireland and to keep him there. That is the sanitised version. It was quite a contrast from the reaction which followed his 2007 victory in the appeal court. I felt quite down in the dumps at the way things had suddenly turned around, and what should have been a joyful period at the successful end of the struggle instead seemed to have become sordid, unpleasant. Later on that dreary  Sunday I called around to Margaret’s but she hadn’t returned home. I dropped in a letter for Barry with some advice and offering him the opportunity of cooperating with this book but he never responded, I do not know if he even got to see it. Later another relative told me that Michelle Margaret and Barry were going away for a while to an undisclosed location. That night I endured a horrible ear bashing from a person on the outer fringes of the family who said that the latest jury’s verdict did not convince him. It was with a sense of relief that I left London to go home on Monday, with 48 trips to the UK including 36 prison visits behind me. I was pleased to read along the way that there would be a police review of the case by the Met but I would have preferred if an outside force were to conduct it. After I got home I read in some paper that Barry and family were on the Isle of Wight where Michelle introduced him to Sion Jenkins. The IPCC needed to know if I wanted to pursue my complaint but I did not now wish to have any further involvement and so I dropped it. Eaten bread is quickly forgotten and neither I nor my fellow supporters would see or hear from Barry again. I felt quite bitter about it for a long while, and I was not alone in feeling like that. Some people put their professional reputations on the line and got no thanks for their efforts. Scott later told me that JfB’s website had received 978 hits on August 1st, 533 on the 2nd, and 369 on the 3rd. On October 1st I shut it down. It was now open season on Barry and the press set about destroying any hope of him settling into any kind of normal life in his home city of London. I watched dispassionately as his reputation, such as it was, nosedived over the last days of 2008 under a welter of tabloid fantasy. They ran stories on what he ate, what bookshops he visited, his temporary accommodation. They claimed incorrectly that he was stalking a nurse, that Sky’s Kay Burley was frightened sick by him, that he was interested in Cheryl Cole of X Factor, that he was involved with the partner of a convicted killer etc. To make things even better a ‘spokesman’ for him allegedly confirmed some of those manufactured stories. Pat Reynolds said to me one day: ‘with friends like those who needs enemies?’ It was a little sad to see the end results of the long hard battle and one day a despairing Margaret said to me that it was now worse than when he was in prison. In an October 10 feature in the Daily Mail David Jones summed up the whole sorry state of affairs. He described how Jill’s grave had been a haven of peace for Jack Dando, aged 90, and her brother Nigel, but that now Barry was planning to visit it. Singh Clair, described as Barry’s spokesman confirmed that. Nigel Dando said that he would not object to the visit: ‘It might give Mr George cause to ponder and reflect’, he said. The article described how others in ‘Team Barry’ included his sister, his mother, friend Robert Charig, and Sion Jenkins was described as a fringe member. Then there was the body charged with monitoring Barry and smoothing his path back into society under a Multi Agency Public Protection Agreement. (MAPPA)

https://books.google.co.uk/books?id=ltgorwROQfwC&pg=PA212&lpg=PA212&dq=Then+there+was+the+body+charged+with+monitoring+Barry+and+smoothing+his+path+back+into+society+under+a+Multi+Agency+Public+Protection+Agreement&source=bl&ots=Osy89OF-cJ&sig=ACfU3U0zgkLRZxktkcCyj-B_-VTf-1st0Q&hl=en&sa=X&ved=2ahUKEwjP_uOK-dvhAhWssKQKHT4IBzYQ6AEwAHoECAoQAQ#v=onepage&q=Then%20there%20was%20the%20body%20charged%20with%20monitoring%20Barry%20and%20smoothing%20his%20path%20back%20into%20society%20under%20a%20Multi%20Agency%20Public%20Protection%20Agreement&f=false

2011
“David James Smith became the first journalist to interview Bamber in prison and said he found him ‘all too human and understandable’.

'Except for the part of him that I felt was hidden,’ he added. 'The corner of his soul that carried the knowledge of what had really happened that night 25 years ago, and who had really killed his family.'
https://www.dailymail.co.uk/news/article-1355901/Jeremy-Bamber-NOT-freed-Appeal-hearing-1985-family-murder-refused.html
A Lie Can Travel Halfway Around the World While the Truth Is Putting On Its Shoes

Offline Nicholas

Re: Barry George revisited.
« Reply #962 on: November 30, 2019, 11:53:12 AM »
Dr Michael Naughton is apparently attending the meeting and march in Swansea alongside his mate Michael O’Brien on Sunday, organised in response to mass murderer David (Dai) Morris ‘pleas of innocence’

Michelle Diskin Bates won’t be able to make it but states, “thrilled to hear it’s going ahead. God go with you...May justice prevail.”

The crowns case was that David Morris was “a violent thug" with a strong history of "violence towards women".

Read for yourself the injuries he inflicted on his victims, the youngest was 8 years old https://www.dailymail.co.uk/news/article-386734/Sexual-adventurer-family-killed-scrap-dealer.html

Dr Michael Naughton’s article on the “need for due diligence... can be found here http://miscarriageofjustice.co/index.php?topic=89.msg494127#msg494127
A Lie Can Travel Halfway Around the World While the Truth Is Putting On Its Shoes

Offline Nicholas

Re: Barry George revisited.
« Reply #963 on: December 03, 2019, 03:23:07 PM »
Dr Michael Naughton’s article on the “need for due diligence... can be found here http://miscarriageofjustice.co/index.php?topic=89.msg494127#msg494127

Dr Michael Naughton has written widely on miscarriages of justice and the wrongful conviction of the innocent and is the author of Rethinking Miscarriages of Justice and Claims of Innocence (With G. Tan).

’This book focuses on the world's first publicly-funded body to review alleged miscarriages of justice, revealing that its help to innocent victims of wrongful conviction is merely incidental.


The publicly funded body referred to above is the Criminal Cases Review Commission who began work on 31 March 1997.


On 26th February 1992 Jonathan Ames who was then a news reporter published an article for the Law Society Guardian Gazette headed,

Lawyers and students team up to expose injustice

Excerpts from the article read:

“Following the recent and one of the most poignant cases - the overturning of Stefan Kiszko’s conviction for murdering an 11 year old girl 17 years ago Liberty has brought together some 30 students and one barrister to whom it can refer prisoners protesting its innocence.”

“According to liberty, since it solicited cases, some 200 prisoners have responded; the files involving convictions ranging from 18 months for deception through to life sentences for murder are now being disseminated among the volunteer lawyers.

Ms Hickman herself is acutely aware of the difficulties inherent in determining the legitimacy of particular cases. “The majority of people on finding of guilt accept it,” she says. But some guilty people carry on fighting. The difficulty is sorting out the still fighting guilty ones from the still fighting innocent ones.”

That vetting process requires substantial amounts of unpaid time and energy.

“Another solicitor volunteering for the network is Neil O’May of the London firm Bindman and partners. He currently has one case on his books - a murder conviction that will probably involve ‘a lot of running around for forensic evidence.’
« Last Edit: December 03, 2019, 03:25:14 PM by Nicholas »
A Lie Can Travel Halfway Around the World While the Truth Is Putting On Its Shoes

Offline Nicholas

Re: Barry George revisited.
« Reply #964 on: December 03, 2019, 03:25:40 PM »
The publicly funded body referred to above is the Criminal Cases Review Commission who began work on 31 March 1997.


On 26th February 1992 Jonathan Ames who was then a news reporter published an article for the Law Society Guardian Gazette headed,

Lawyers and students team up to expose injustice

Excerpts from the article read:

“Following the recent and one of the most poignant cases - the overturning of Stefan Kiszko’s conviction for murdering an 11 year old girl 17 years ago Liberty has brought together some 30 students and one barrister to whom it can refer prisoners protesting its innocence.”

“According to liberty, since it solicited cases, some 200 prisoners have responded; the files involving convictions ranging from 18 months for deception through to life sentences for murder are now being disseminated among the volunteer lawyers.

Ms Hickman herself is acutely aware of the difficulties inherent in determining the legitimacy of particular cases. “The majority of people on finding of guilt accept it,” she says. But some guilty people carry on fighting. The difficulty is sorting out the still fighting guilty ones from the still fighting innocent ones.”

That vetting process requires substantial amounts of unpaid time and energy.

Another solicitor volunteering for the network is Neil O’May of the London firm Bindman and partners. He currently has one case on his books - a murder conviction that will probably involve ‘a lot of running around for forensic evidence.’

“Neil O'May, solicitor for Jenkins, said:

“Sion Jenkins is delighted that the court has quashed his conviction, having decided that the original verdict of the jury was unsafe."

"The court has decided on a retrial in front of a new jury. He knows this is the first step to clear his name and he knows that a jury will deliver the right verdict that he did not kill Billie-Jo."
https://www.theguardian.com/uk/2004/jul/16/ukcrime.matthewtaylor


In an exlusive interview with Times Online, Neil O’May, the lawyer for Sion Jenkins, looks back on six years of the Billie-Jo Jenkins case By Frances Gibb (February 27 2006)

“Neil O’May, the lawyer for Sion Jenkins, has lived and breathed this case for six years.

Looking back after the former deputy headmaster was acquitted at a third trial for the alleged murder of Billie-Jo Jenkins, his foster daughter, O’May said:

“I personally feel a huge weight has been lifted off my shoulders that’s dominated part of my work for the past five to six years, something that always presented — if not on a weekly then a daily basis — new problems and new difficulties. It very much feels the end of an era.”

O’May, a partner with Bindman & Partners, a leading firm in the area of human rights and miscarriages of justice, was not involved in the original trial and was brought…
https://www.thetimes.co.uk/article/i-feel-a-huge-weight-has-been-lifted-dc6h8xpxdmt
« Last Edit: December 03, 2019, 03:31:21 PM by Nicholas »
A Lie Can Travel Halfway Around the World While the Truth Is Putting On Its Shoes

Offline Nicholas

Re: Barry George revisited.
« Reply #965 on: December 03, 2019, 03:41:22 PM »
On 26th February 1992 Jonathan Ames who was then a news reporter published an article for the Law Society Guardian Gazette headed,

Lawyers and students team up to expose injustice
Excerpts from the article read:

“Following the recent and one of the most poignant cases - the overturning of Stefan Kiszko’s conviction for murdering an 11 year old girl 17 years ago Liberty has brought together some 30 students and one barrister to whom it can refer prisoners protesting its innocence.”

“According to liberty, since it solicited cases, some 200 prisoners have responded; the files involving convictions ranging from 18 months for deception through to life sentences for murder are now being disseminated among the volunteer lawyers.

Ms Hickman herself is acutely aware of the difficulties inherent in determining the legitimacy of particular cases. “The majority of people on finding of guilt accept it,” she says. But some guilty people carry on fighting. The difficulty is sorting out the still fighting guilty ones from the still fighting innocent ones.”

That vetting process requires substantial amounts of unpaid time and energy.


It was announced on the company website of Hickman and Rose on 6th July 2016 that Jane Hickman was retiring.

Excerpt:
Jane Hickman, co-founder of leading white collar crime boutique firm Hickman & Rose, is retiring from her day-to-day role.

Ms Hickman is one of the UK’s pre-eminent criminal lawyers, rated as a ‘Leader’ in General Crime by leading legal directories Chambers and Legal 500.

She founded Hickman & Rose with fellow criminal law expert Ben Rose in 1991.  Becoming Managing Partner in 1995, she was a driving force in building a top boutique firm that combined a high-quality close-knit legal team with strategic use of IT, rigorous quality controls and robust systems.

Jane Hickman started her career at North Kensington Law Centre in the 1970s and became a noted female voice in the profession.  She was one of the founders of Rights of Women and of North Kensington Women’s Aid, and went on to chair a number of community organisations including Brixton Community Law Centre and Women’s Education in Building.  In the 1980s she acted as the lawyer for Greenham Common women’s peace camp, initiating and conducting litigation in the US courts against President Reagan.

https://www.hickmanandrose.co.uk/site/about/press-releases/details/hickman-rose-founding-partner-retires
A Lie Can Travel Halfway Around the World While the Truth Is Putting On Its Shoes

Offline Nicholas

Re: Barry George revisited.
« Reply #966 on: December 03, 2019, 03:43:16 PM »
“Neil O'May, solicitor for Jenkins, said:

“Sion Jenkins is delighted that the court has quashed his conviction, having decided that the original verdict of the jury was unsafe."

"The court has decided on a retrial in front of a new jury. He knows this is the first step to clear his name and he knows that a jury will deliver the right verdict that he did not kill Billie-Jo."
https://www.theguardian.com/uk/2004/jul/16/ukcrime.matthewtaylor
Sion Jenkins: A father betrayed?
“Is he a killer? Everyone wonders that when they first meet Sion Jenkins, and he knows it. He sees them watching his eyes, his face, his movements. Listening to his voice, for a sign he is capable of sudden, violent rage. "People need me to have a temper," he says. "I was convicted of murder."

His 13-year-old foster daughter Billie-Jo died after being beaten with a metal tent spike on the patio of their home in Hastings, East Sussex, in February 1997. Her skull had been smashed. Jenkins served six years in prison for the crime, but was then released on appeal. There were two attempts at a retrial, but both times the jury failed to reach a verdict. In February 2006, he was formally cleared of the crime. "I am," he says in a new book, "an innocent man".

Now he intends to reinforce that message by suing for compensation for the years in jail. This is news. Encouraged by the money recently given to Colin Stagg, wrongly jailed for a year for the murder of Rachel Nickell, he has applied to the Home Office. "I am waiting for a decision. I fit all the criteria." The most he can expect, according to legal advice, is half a million pounds – minus the board and lodging charged for being a guest of Her Majesty. "The amount is not the most important thing."

It's the principle. Official recognition of his innocence. Jenkins knows doubts persist in some minds. "I have had this for 11 years." Does it hurt? He stares, with his piercing grey eyes. He wasn't expecting that as a first question, and fails to answer for a moment. And another. Then another. This dark room, at his home in Southsea, is decorated in period style. Antique prints of birds crowd the walls. At last, he says, "No."
https://www.independent.co.uk/news/people/profiles/sion-jenkins-a-father-betrayed-907223.html
A Lie Can Travel Halfway Around the World While the Truth Is Putting On Its Shoes

Offline Nicholas

Re: Barry George revisited.
« Reply #967 on: December 03, 2019, 03:52:24 PM »
On 26th February 1992 Jonathan Ames who was then a news reporter published an article for the Law Society Guardian Gazette headed,

Lawyers and students team up to expose injustice

Excerpts from the article read:

“Following the recent and one of the most poignant cases - the overturning of Stefan Kiszko’s conviction for murdering an 11 year old girl 17 years ago Liberty has brought together some 30 students and one barrister to whom it can refer prisoners protesting its innocence.”

“According to liberty, since it solicited cases, some 200 prisoners have responded; the files involving convictions ranging from 18 months for deception through to life sentences for murder are now being disseminated among the volunteer lawyers.

Ms Hickman herself is acutely aware of the difficulties inherent in determining the legitimacy of particular cases. “The majority of people on finding of guilt accept it,” she says. But some guilty people carry on fighting. The difficulty is sorting out the still fighting guilty ones from the still fighting innocent ones.”

That vetting process requires substantial amounts of unpaid time and energy.

Jane Hickman appeared to have recognised ‘innocent fraud’ back in 1997 and as a campaigner for women’s rights must have been appalled by cases like that of Siôn Jenkins and Barry George?
A Lie Can Travel Halfway Around the World While the Truth Is Putting On Its Shoes

Offline Nicholas

Re: Barry George revisited.
« Reply #968 on: December 03, 2019, 03:57:16 PM »
It was announced on the company website of Hickman and Rose on 6th July 2016 that Jane Hickman was retiring.

Excerpt:
Jane Hickman, co-founder of leading white collar crime boutique firm Hickman & Rose, is retiring from her day-to-day role.

Ms Hickman is one of the UK’s pre-eminent criminal lawyers, rated as a ‘Leader’ in General Crime by leading legal directories Chambers and Legal 500.

She founded Hickman & Rose with fellow criminal law expert Ben Rose in 1991.  Becoming Managing Partner in 1995, she was a driving force in building a top boutique firm that combined a high-quality close-knit legal team with strategic use of IT, rigorous quality controls and robust systems.

Jane Hickman started her career at North Kensington Law Centre in the 1970s and became a noted female voice in the profession.  She was one of the founders of Rights of Women and of North Kensington Women’s Aid, and went on to chair a number of community organisations including Brixton Community Law Centre and Women’s Education in Building.  In the 1980s she acted as the lawyer for Greenham Common women’s peace camp, initiating and conducting litigation in the US courts against President Reagan.

https://www.hickmanandrose.co.uk/site/about/press-releases/details/hickman-rose-founding-partner-retires

Interestingly there’s no mention on the firms website of Jane Hickmans work with Liberty back in 1997? Instead it reads, “She was a founder member of the Criminal Appeal Lawyers Association which works to develop and improve the procedures available to people who have suffered miscarriages of justice.”

Here’s an excerpt:
“In conjunction with the firm, Jane continues to advise clients on their appeals and applications to the Criminal Cases Review Commission.  She was a founder member of the Criminal Appeal Lawyers Association which works to develop and improve the procedures available to people who have suffered miscarriages of justice.  Her personal blog appears at http://janehickman.com/ and her articles have been published in a wide range of publications.
https://www.hickmanandrose.co.uk/site/people/profile/jane.hickman
A Lie Can Travel Halfway Around the World While the Truth Is Putting On Its Shoes

Offline Nicholas

Re: Barry George revisited.
« Reply #969 on: December 03, 2019, 04:13:06 PM »
On 26th February 1992 Jonathan Ames who was then a news reporter published an article for the Law Society Guardian Gazette headed,

Lawyers and students team up to expose injustice

Excerpts from the article read:

“Following the recent and one of the most poignant cases - the overturning of Stefan Kiszko’s conviction for murdering an 11 year old girl 17 years ago Liberty has brought together some 30 students and one barrister to whom it can refer prisoners protesting its innocence.”

“According to liberty, since it solicited cases, some 200 prisoners have responded; the files involving convictions ranging from 18 months for deception through to life sentences for murder are now being disseminated among the volunteer lawyers.

Ms Hickman herself is acutely aware of the difficulties inherent in determining the legitimacy of particular cases. “The majority of people on finding of guilt accept it,” she says. But some guilty people carry on fighting. The difficulty is sorting out the still fighting guilty ones from the still fighting innocent ones.”

That vetting process requires substantial amounts of unpaid time and energy.

“Another solicitor volunteering for the network is Neil O’May of the London firm Bindman and partners. He currently has one case on his books - a murder conviction that will probably involve ‘a lot of running around for forensic evidence.’

Jonathan Ames ’is the legal editor at The Times. He has been covering the law and lawyers for more than 25 years and while not a lawyer, he does actually count some among his friends.
https://www.thetimes.co.uk/profile/jonathan-ames?page=1

“Jonathan Ames, the former editor of the Law Gazette, is to become senior editor (legal) at Dubai-based publishers The Media Factory.
Ames, who had edited the Gazette for seven years until the end of March this year was also head of editorial at the Law Society’s Commercial Services Directorate.
He will take editorial responsibility for The Brief, a new monthly magazine aimed at leading businesspeople and overseas and domestic lawyers practising in the United Arab Emirates as well as the broader Middle East region.
Ames said: ‘The Emirates and the wider Middle East present major business prospects and there is a significant gap in the market for comprehensive coverage of the law and business in the region, which The Brief will fill.”
Ames joined the Law Gazette as a news reporter in 1990 and moved up through the jobs of news editor and deputy editor before becoming editor in 2000.

https://pressgazette.co.uk/ex-law-gazette-editor-heads-to-dubai/
« Last Edit: December 03, 2019, 04:17:00 PM by Nicholas »
A Lie Can Travel Halfway Around the World While the Truth Is Putting On Its Shoes

Offline Nicholas

Re: Barry George revisited.
« Reply #970 on: December 03, 2019, 06:21:12 PM »
On 26th February 1992 Jonathan Ames who was then a news reporter published an article for the Law Society Guardian Gazette headed,

Lawyers and students team up to expose injustice

“According to liberty, since it solicited cases, some 200 prisoners have responded; the files involving convictions ranging from 18 months for deception through to life sentences for murder are now being disseminated among the volunteer lawyers.

Ms Hickman herself is acutely aware of the difficulties inherent in determining the legitimacy of particular cases. “The majority of people on finding of guilt accept it,” she says. But some guilty people carry on fighting. The difficulty is sorting out the still fighting guilty ones from the still fighting innocent ones.”

That vetting process requires substantial amounts of unpaid time and energy.

The article also states,

“Liberty has been hatching the programme since last June when it launched a campaign to encourage prisoners with grievances over the way their cases have been handled to write in. Jane Hickman, one half of a two partner law firm in London’s East End, devised a six page questionnaire which was sent to prisoners who had contacted Liberty.”
A Lie Can Travel Halfway Around the World While the Truth Is Putting On Its Shoes

Offline Nicholas

Re: Barry George revisited.
« Reply #971 on: December 04, 2019, 12:43:40 AM »
The article also states,

“Liberty has been hatching the programme since last June when it launched a campaign to encourage prisoners with grievances over the way their cases have been handled to write in. Jane Hickman, one half of a two partner law firm in London’s East End, devised a six page questionnaire which was sent to prisoners who had contacted Liberty.”

Michale O’Briens was one of the cases as referred to in his book here https://books.google.co.uk/books?id=WWg3DwAAQBAJ&pg=PT55&lpg=PT55&dq=NAPO+a+case+to+answer+dossier&source=bl&ots=wktWL_pZIQ&sig=ACfU3U07jCFrl5F34lEvudGwQe8tRvkOXg&hl=en&sa=X&ved=2ahUKEwiqiZa83prmAhUqRBUIHfVNAp0Q6AEwA3oECAoQAQ#v=onepage&q=NAPO%20a%20case%20to%20answer%20dossier&f=false
A Lie Can Travel Halfway Around the World While the Truth Is Putting On Its Shoes

Offline Nicholas

Re: Barry George revisited.
« Reply #972 on: December 04, 2019, 11:21:17 AM »
Dr Michael Naughton has recently posted a “Disclaimer & Victim Statement” on his website it reads:

”Empowering the Innocent (ETI) does not assume nor work on the basis that the alleged innocent victims in its member cases are innocent victims of wrongful conviction and/or imprisonment.

Rather, ETI was established because innocent people can be wrongly convicted and imprisoned in England and Wales and the way that the Criminal Cases Review Commission (CCRC) is structured and deals with claims of innocence by applicants means that innocent victims of wrongful conviction may not be able to overturn their convictions.

As such, innocent people can be languishing in prison unable to overturn their convictions, achieve their freedom and clear their names.

Overall, Empowering the Innocent (ETI) believes that justice is not served to victims of crime nor society as a whole when innocent victims are wrongly convicted for crimes they did not commit, which leaves guilty offenders at wrongful liberty with the potential and reality (as shown in research) to commit further crimes.

From this standpoint, Empowering the Innocent (ETI) seeks the truth in alleged cases of wrongful conviction so that true justice can prevail for victims of crime and victims of wrongful convictions alike.

Finally, if it is found that an alleged innocent victim of wrongful conviction in a member case is not innocent, the case will cease to be a member of Empowering the Innocent (ETI) and any information about the case will deleted from its website.

http://michaeljnaughton.com/?page_id=3785

Carolyn Hoyle, who alongside Mai Soto wrote ‘Reasons to Doubt - Wrongful Convictions and the Criminal Cases Review Commission, wrote and published an essay titled,

Compensating Injustice: The Perils of the Innocence Discourse

Here’s an excerpt:

(a) The CCRC’s Critics
The rising tide of interest in factual guilt or innocence is not confined to the judiciary. Unfortunately, the so-called ‘innocence movement’, itself an import from the very different legal environment obtaining in the US (described by Weisselberg in Chapter 15), is also now fostering innocence-talk, in the academy, through the media, and even, per- haps, in the courts. In an effort to champion the cause of defendants who are factually innocent, but who have found it impossible to obtain redress through the existing appeals system, proponents of this view have sponsored an unfortunate and unhelp- ful division of wrongful convictions into cases of ‘actual’ and ‘legal’ innocence. Critics regard the RPT as excessively restrictive and the CCRC, as presently constituted, ‘not fit for purpose.
As a result of these failings, they assert, large numbers of innocent people are languishing in prison without hope. In their view, the way to remedy the plight of the wrongly convicted is to privilege factual innocence above all else when miscarriages of justice are reviewed, even in cases where no new evidence is available.88 Yet this discourse is fraught with peril.
Some campaigners and academic commentators argue that Britain should emulate the approach taken by America’s innocence projects. The CCRC has failed, in their eyes, because it has not exonerated people campaigners believe to be innocent,89 including Jeremy Bamber, serving a whole life tariff for murdering five members of his family in 1988, and Susan May, released on licence for killing her aunt in 2005 but whose convic- tion for murder still stood when she died in 2013.90 In fact, the CCRC investigated both of these cases and referred them back to the Court of Appeal, but the Court upheld their convictions. Yet according to the journalist, Bob Woffinden, in these and other ‘meritorious cases ... the injustice remains unaddressed’.91
It is further argued that the CCRC, constrained as it is by the RPT, fails to refer cases of the potentially innocent if they are believed to conflict with the interests of the legal system. Because it refers cases only on the basis of so-called ‘legal innocence’, which to its critics is a debased category, it is accused of not caring about factual innocence.92 Innocence Projects UK (INUK), a voluntary, non-statutory body that was until September 2014 an umbrella organisation for all the University Innocence Projects in the UK,93 claims that INUK meets the 1994 Royal Commission’s recommendation for a new body to review miscarriages of justice more faithfully than the CCRC because INUK’s exclusive concern is with claims of factual innocence, as opposed to allegations of ‘technical’ miscarriages of justice. But this position traduces three crucial facts. First, ‘unsafe’ convictions represent a much broader category than convictions of the provably factually innocent. Secondly, unsafe convic- tions inevitably include convictions of the factually innocent: it is not as if such persons are somehow prevented from winning their appeals by the criteria of ‘legal innocence’ or ‘unsafe conviction’. Finally, factual innocence is remarkably difficult to prove. If followed to its logical, legal conclusion and enshrined in a new appeals regime, these arguments would inevitably lead to a drastic reduction in the number of successful appeals, as well as a system of first- and second-class referrals.
These points are not new. They were made forcefully during the debates which led to the establishment of the CCRC. Then, the idea that the Commission should be required to consider factual innocence whenever it made a referral was, for just and powerful reasons, emphatically rejected.94 Clearly the two-tier system encouraged by the innocence discourse is dangerous and to be avoided. The integrity of the pre-trial and trial criminal process cannot be protected if the appeals process, which monitors and reviews them, itself lacks integrity.

(b) What’s Wrong with the Innocence Movement?
There is no doubt that, in the US at least, the achievements made by Innocence Projects are impressive. However, the limitations of these endeavours, which are clearly flagged on the current Illinois Innocence Project website under the heading ‘Cases we Take’, need to be appreciated:

The Illinois Innocence Project (IIP) provides investigative and legal research services to attorneys representing inmates who both the attorneys and the Project have good reason to believe did not commit the crimes for which they were convicted ... The inmate must be seeking to establish his or her actual innocence of the crime(s) for which he or she is incarcerated. More specifically, we take those cases in which there appears to be a significant chance that substantial evidence can be found to prove one innocent. Further, once we have agreed to work on a case, we reserve the right to withdraw for any reason, including an inability to prove a claim of actual innocence.95

This fastidious focus on innocence means that, for example, the North Carolina Innocence Project, which has a strong reputation, has referred back to the courts only a handful of cases of the many hundreds of applications it receives each year. The highly restrictive ‘case filter’ used by the US innocence projects—evidently very different to the criteria applied by the CCRC—owes it origins to the equally restrictive approach taken by US courts to quashing convictions, especially in death penalty cases. On paper, the multiple levels of review which usually take place, from direct appeal to successive state and federal habeas corpus petitions, appear rigorous in eliminating errors. In practice, and especially following the enactment of the federal Antiterrorism and Effective Death Penalty Act of 1996, absent truly compelling fresh evidence of innocence, each successive tier will tend to rubberstamp the decisions of the courts below. The overall message, echoed by US Supreme Court decisions,96 in sharp contrast to the British approach, is that a high degree of apparent unfairness and procedural irregularity will be tolerated.97 So much for the role of appeals courts in preserving the integrity of criminal proceedings.
Understandable as its origins therefore are, legal scholars in the US have begun to express concerns about the Innocence movement and the premium it places on factual innocence. According to Margaret Raymond, it has created a ‘super category of innocence, elevating factual innocence over the other categories ... which may have unintended consequences for the criminal justice system’.98 By privileging cases where DNA may be the ‘silver bullet’, the movement tends to marginalise convictions where profiling evidence is unavailable. Rosen argues:

[F]or every defendant who is exonerated because of DNA evidence, there have been certainly hundreds, maybe thousands, who have been convicted of crimes on virtually identical evidence
For these thousands of defendants, though, there was no opportunity to scientifically test their
guilt, because there was no physical evidence that could have been subjected to scientific scrutiny.99

Carol and Jordan Steiker contend that the emphasis on factual innocence may actually weaken public concern about the criminal justice system’s deeper shortcomings: ‘Americans can empathize with the harms that they fear could happen to themselves, rather than those that happen only to “bad people” ... [L]urking behind innocence’s appeal ... might be indifference if not hostility to other types of injustice’.100 Meanwhile, many US academ- ics have also focused their empirical endeavours on factual innocence. Leading scholars on miscarriages of justice in the US, such as Richard Leo,101 recommend that criminolo- gists collaborate with innocence commissions to build databases of rightful acquittals and wrongful convictions. Sam Gross’ 2005 prevalence study explicitly focused on factual inno- cence cases, excluding those who were likely involved in the crimes they were convicted of but whose convictions were nonetheless overturned. He commented: ‘It is possible that a few of the hundreds of exonerated defendants we have studied were involved in the crimes for which they were convicted, despite our efforts to exclude such cases.’102 A fur- ther study by Brandon Garrett of those found innocent through DNA testing also excludes others whose cases were overturned without this apparently foolproof evidence of factual innocence.103 Many American academics who research miscarriages of justice now appear to see wrongful convictions only in terms of provable factual innocence.104 Hughes rightly urges us to reclaim an understanding of innocence unmodified by qualifiers such as ‘factual’ or ‘legal’, in order to safeguard fundamental constitutional rights that protect us all.105 This seems an unlikely prospect in the US, and the principled approach is now also under attack in the UK.

The above can be found under header,  3. The Institutional Epistemology of Factual Innocence
and the full article can be found here https://s3-eu-west-2.amazonaws.com/ccrc-prod-storage-1jdn5d1f6iq1l/uploads/2017/08/The-Perils-of-Innocence.pdf
« Last Edit: December 04, 2019, 11:25:37 AM by Nicholas »
A Lie Can Travel Halfway Around the World While the Truth Is Putting On Its Shoes

Offline Nicholas

Re: Barry George revisited.
« Reply #973 on: December 04, 2019, 11:24:00 AM »
Rercent Westminster commission on miscarriages of justice looks at watchdog’s independence
The Westminster commission currently looking into the miscarriage of justice watchdog considered concerns over its independence from government. At the end of July, the Justice Gap reported on a legal action by behalf a prisoner who is arguing that the Criminal Cases Review Commission (CCRC) was not sufficiently independent of the Ministry of Justice. Gary Warner, sentenced to 16 years in prison for his role in an armed robbery, is currently challenging the CCRC’s rejection of his case.You can read the story here.

Concerns over the watchdog’s lack of independence was raised by Baroness Stern in an evidence session of the all-party parliamentary group on miscarriages of justice. ‘I understand that MoJ officials went into the CCRC, analysed the whole way of working in detail, and recommended a lot of very profound changes that had to be implemented, that were not recommendations but had to be implemented,’ she said.

The Justice Gap has seen minutes from a meeting between civil servants and the commissioners in February 2018 (quoted by the Warner’s lawyers) in which a leading MoJ civil servant appeared to insist that the watchdog accept changes to terms of employment for staff and to the structure of its board.

Stern asked the Professor Carolyn Hoyle of Oxford University’s Centre for Criminology was it ‘possible for the CCRC to act as if it were an independent body in these circumstances?’ The academic had previously raised her own concerns about changes to the tenure of the CCRC’s commissioners. One of the ‘huge challenges going forward’ for the CCRC was the new commissioners’ remuneration packages which resulted in ‘a massive increase in part-time – and I don’t mean 50%, I mean often less than that – commissioners’, she had said.

The CCRC is required to have 11 commissioners under its founding statute and the agreement of three is needed to refer a case to the Court of Appeal. Ten years ago nearly all the watchdog’s 11 commissioners were on full-time contracts with salaries and pension schemes. Now all but one are employed on a minimum one-day-a-week contracts and paid a day rate.

Professors Carolyn Hoyle and Mai Sato new book Reasons to doubt: Wrongful Convictions and the CCRC featured new research drawing on analysis of 147 of the commission’s cases. Hoyle said that the CCRC’s independence was not in her research’s remit, but added it was ‘very difficult to be critical of government when government are paying for your organisation’. She called the commission ‘massively under-resourced… for many, many years’. ‘The number of part-time commissioners at the moment goes against being an efficient and a thorough organisation – I have no doubt about that. And that is partly an issue of how government has decided to pay Commissioners, and that includes pension, it includes working rates, et cetera.’

Professors Hoyle told the Westminster commission that the CCRC was ‘not a perfect organisation’. ‘It has more variability in its responses to cases than I think any of us would like to see,’ she said. ‘Certainly than applicants and their legal representatives would want to see.’ She called the Birmingham-based group ‘somewhat cautious’ in its referrals and ‘sometimes too slow and too ponderous’.

Dr Dennis Eady of Cardiff University’s innocence project pointed out that the CCRC’s referrals had plummeted over the last three years – from a 20-year average of over 30 to just 13 last year. Eady said that a referral rate of ‘about 1%’ of the total number of applications represented ‘a snowball’s chance in hell’. ‘There’s a greater need now for a Royal Commission than there was in 1991. Things have got so bad, and so serious,’ he said.

Dr Eady was concerned that the APPG might make ‘a few recommendations’ for the CCRC to be ‘a bit bolder’ as the House of Commons’ justice committee did in 2015. ‘There’s a danger that we might mess around on the periphery of things, which might make them better for a little while. But I think essentially, we’ve got to be more radical in the approach we take.’

‘We’ve lowered the standard of proof consistently, we’ve knocked out due process safeguards, we’ve become a much more convictionist kind of society. We’ve had moral panics around sex offences and joint enterprise. And that bar has got lower and lower and lower in terms of convicting people. At the other end, as we’ve heard, the Court of Appeal’s bar has got higher and higher and higher. And the CCRC is stuck between the rock and the hard place.’
Dr Dennis Eady

Dr Eady said it was time to reform the Court of Appeal and allow for the CCRC t have more power and the ability to quash convictions. ‘In some ways, the only way to deal with the Court of Appeal, I’m afraid, is to take some of their power away.’

Erwin James, editor of the prisoners newspaper Inside Time and a member of the all party parliamentary group, spoke of his own experience as a prisoner helping a fellow inmate who he was convinced was innocent. James himself discovered evidence that in his view ‘totally undermined’ the prosecution case but would not have been allowed in by the Court of Appeal because the CCRC judged that it would have taken the view it was not fresh evidence. A situation the journalist called ‘absurd’.

Prof Hoyle rejected criticisms that the CCRC was ‘not fit for purpose’.  She said: ‘There are currently… maybe 480 people who are outside of prison who would otherwise be inside prison whose lives have been turned around, somewhat, because of the Commission’s work… and does a pretty thorough job of doing approximately 1400 applications a year, and making difficult decisions in those cases. So, it does a much better job than its predecessor, C3.’
https://www.thejusticegap.com/westminster-commission-on-miscarriages-of-justice-looks-at-watchdogs-independence/

Professor Carolyn Hoyles evidence can be found in the link below:

WESTMINSTER COMMISSION ON MISCARRIAGES OF JUSTICE TRANSCRIPT OF THIRD EVIDENCE SESSION – ACADEMICS 3 September 2019

https://appgmiscarriagesofjustice.files.wordpress.com/2019/10/session-3-academics-4.pdf
« Last Edit: December 04, 2019, 11:33:12 AM by Nicholas »
A Lie Can Travel Halfway Around the World While the Truth Is Putting On Its Shoes

Offline Nicholas

Re: Barry George revisited.
« Reply #974 on: December 04, 2019, 12:23:07 PM »
Lawyers and students team up to expose injustice

Excerpts from the article read:

“Following the recent and one of the most poignant cases - the overturning of Stefan Kiszko’s conviction for murdering an 11 year old girl 17 years ago Liberty has brought together some 30 students and one barrister to whom it can refer prisoners protesting its innocence.”

“According to liberty, since it solicited cases, some 200 prisoners have responded; the files involving convictions ranging from 18 months for deception through to life sentences for murder are now being disseminated among the volunteer lawyers.

Ms Hickman herself is acutely aware of the difficulties inherent in determining the legitimacy of particular cases. “The majority of people on finding of guilt accept it,” she says. But some guilty people carry on fighting. The difficulty is sorting out the still fighting guilty ones from the still fighting innocent ones.”

That vetting process requires substantial amounts of unpaid time and energy.

“Another solicitor volunteering for the network is Neil O’May of the London firm Bindman and partners. He currently has one case on his books - a murder conviction that will probably involve ‘a lot of running around for forensic evidence.’

Jon Robins of The Justice Gap published an article earlier this year headed, “Reasons to doubt: What’s the point of the miscarriage of justice watchdog? here https://www.thejusticegap.com/reasons-to-doubt-whats-the-point-of-the-miscarriage-of-justice-watchdog/

His article concludes,

The CCRC was set up as a result of journalists campaigning to free the likes of the Birmingham Six and Guildford Four.

which is inaccurate and flawed and fails to mention Liberty, Jane Hickman or Neil O’May nor of the questionnaire sent to those prisoners who’d contacted Liberty direct and of the solicitation or ‘campaign to encourage prisoners with grievances over the way their cases have been handled to write in

The article also states,

“Liberty has been hatching the programme since last June when it launched a campaign to encourage prisoners with grievances over the way their cases have been handled to write in. Jane Hickman, one half of a two partner law firm in London’s East End, devised a six page questionnaire which was sent to prisoners who had contacted Liberty.”

Then news reporter Jonathan Ames article headed, “Lawyers and students team up to expose injustice” was published in 1992

Following the recent and one of the most poignant cases - the overturning of Stefan Kiszko’s conviction for murdering an 11 year old girl 17 years ago Liberty has brought together some 30 students and one barrister to whom it can refer prisoners protesting its innocence.”

“According to liberty, since it solicited cases, some 200 prisoners have responded; the files involving convictions ranging from 18 months for deception through to life sentences for murder are now being disseminated among the volunteer lawyers.


Campbell Malone represented Stefan Kiszko on appeal.

https://www.manchestereveningnews.co.uk/news/local-news/justice-champion-of-kiszko-speaks-1011097
« Last Edit: December 04, 2019, 01:21:16 PM by Nicholas »
A Lie Can Travel Halfway Around the World While the Truth Is Putting On Its Shoes