I've thought for some time a defendant's fate is often in the hands of the lawyers regardless of whether the defendant is actually guilty or innocent.
At BG's first trial MM decided to include the following in his strategy:
- Serbs were responsible
- The FDR particle was present through a process of cross-contamination: police or fss handling
The prosecuting qc, Orlando Pownall, rubbished the Serb theory and was able to prove cross-contamination was not possible.
At BG's second trial WC decided to take a different approach with his strategy:
- He thought the Serb theory was weak since there was no 'official' claim of responsibility and so decided against trying to solve the case but to beat the drum hard: 'It wasn't Barry'!
- With the fresh evidence re the FDR particle heard at the earlier CoA hearing WC decided it was best to have it ruled inadmissible by the judge. The judge agreed.
The above is from William Clegg's book 'Under The Wig':
https://www.amazon.co.uk/Under-Wig-Lawyers-Stories-Innocence-ebook/dp/B07HS1KKDH