His evidence is admissible as the court did establish.
Lying just harms your own credibility. The court explicitly stated that it had no need to assess whether the evidence would be admissible because the CCRC assumed for the sake of argument that it was admissible. Your claim that the COA found the evidence was admissible is blatantly false the court didn't explore the issue at all because there was no need to do so. ONLY if the evidence was of such quality that it could convince a jury of Jeremy's innocence would the question of admissibility have to be decided.
"The assumption made in this case by the Commission is that the first stage could be satisfied. The Commission
were not accepting that it was,
but were prepared to assume it could be.. It has been accepted, very properly by Mr McKay today that, in the light of that assumption that has been made, it cuts away a ground of challenge to the decision as to whether the Commission properly applied the first stage of the test.
There is, in my view, nothing at all wrong with a court or a body such as the Commission saying "Well there are two stages. We will assume you get through stage 1, but you are bound to fail on stage 2." It is often a much more economical way of proceeding. It disadvantages the person, the subject of that decision, in no way, because a point that he might have found difficulty on is resolved in his favour.
Thus in this particular case the first and essential ground that is now open to Mr Bamber [before this court]
is the question whether there can be a proper challenge to the judgment of the Commission, that there was no real possibility that the court would conclude that the new evidence might affect the decision of the jury to convict."The CCRC held that even assuming for the sake of argument that the evidence were admissible it would still be meaningless. The COA did not evaluate whether the evidence was admissible or not but rather simply evaluated whether the CCRC made an error in concluding the evidence was not sufficient to overturn the verdict even if it had been admissible.
The reason why Jeremy took the CCRC to court in the first place was because the CCRC did not and could not challenge Fowlers evidence. They hired Andrew Laws to challenge Peter Suthurst's evidence and found it 'inconclusive' yet name me the expert that the CCRC used challenge Fowler? Nobody, Failing to refute the evidence is what got the CCRC in court however no sound moderator does not prove Jeremy Innocent and proof of innocence is how high the bar has raised hence the crown accepted the CCRCs decision not to make a referral.
You have things totally backwards as you always do. Fowler was trying to contradict the ORIGINAL experts who testified at trial. These original experts are the government witnesses who disagreed with Fowler. He tried to contradict the original experts with unsupported opinion. The CCRC rejected Fowler's unsupported opinion as insufficient for a jury to find Jeremy innocent and the COA upheld such assessment.
The trial evidence:
A) Fatal wound
Vanezis assessed that the fatal wound was a soft contact wound based on tell tale signs he observed inside and outside the wound. Fletcher and Hayward agreed with this assessment. They further assessed that the fatal wound had to have been delivered subsequent to the non-fatal wound. They further assessed the non-fatal wound resulted in internal hemorrhaging inside Sheila's neck which cause it to fill with blood. This caused her neck to become a blood filled cavity and firing into this area from contact range would be certain to result in drawback.
B) Non-fatal wound
There are specific traits deep inside a wound that help differentiate a hard contact shot from other kinds of wounds. Vanezis described finding none of these internal traits and thus failed to find any evidence it was a hard contact shot. On the exterior Vanezis observed a bullet abrasion ring and band of soot. A bullet abrasion ring and band of soot are features shared by hard contact wounds, soft-contact wounds and near-contact wounds so don't help in any way to help differentiate the 3. Other exterior features typical to hard-contact wounds such as searing of the skin and a muzzle imprint were lacking thus hard contact wound was ruled out.
It is very difficult to tell the difference between a soft-contact wound and near contact wound because they often look virtually the same:
Since they look so similar one must look to whether there are tell tale signs within the injury tract itself that reveals whether it was a contact wound or not. Sometimes there are such tell tale signs like in the instance of the fatal wound but other times there are not tell tale signs in which case it is impossible to say whether a wound is a contact wound or not. Sometimes analysis of the weapon itself helps reveal whether wounds were indeed contact wounds. If blood is found deeper than 5mm inside the barrel of a weapon then it was a contact wound.
Blood was indeed found in the moderator more than 5mm deep indicating it was used to deliver a contact wound. The experts said for sure blood got in the moderator while the fatal shot was delivered. There is no way to know whether this blood was exclusively from the fatal shot or whether any of it got inside from the first shot as well. As such it fails to help reveal whether the non-fatal shot was a contact shot or not. That being the case the blood evidence was inconclusive as to whether the non-fatal shot was a loose contact shot or near contact shot.
Ultimately there were no other tell-tale features to help differentiate between soft-contact and near contact thus Vanezis, Hayward and Fletcher said the non-fatal wound was either a near contact wound or soft contact wound.
Fowler:
Fowler did not evaluate the fatal shot at all. He evaluated the non-fatal shot.
Fowler asserted the fatal shot was not a soft contact shot or near contact shot like the prosecution trial experts contended but rather was a hard contact shot. Fowler asserted it was a hard contact shot which had a muzzle imprint and that the muzzle imprint matched the rifle.
Nothing Vanezis described as to the interior of the wound helped identify it as a hard contact wound. He is the only one who examined the body. Fowler was unable to point to anything indicative of a hard contact wound let alone exclusive such as all soot forced inside and none around the exterior. Indeed Vanezis said there was a soot ring around the outside of the wound.
As to the exterior Fowler pointed to a soot ring which is shared by soft-contact wounds and near-contact wounds. The only thing Fowler pointed to that is unique to a hard-contact wound is a muzzle imprint. HOWEVER, the trial experts say there was no muzzle imprint so this is where Fowler and the trial experts conflict.
Had the trial experts found a muzzle imprint they would have indicated such and said this proves it was a hard-contact wound.
Fowler's claim that there was a muzzle imprint amounted solely to his unsupported opinion. What he claimed looks like a muzzle imprint to him doesn't look like the actual photos of muzzle imprints that are contained in forensic text books. Moreover, he did not examine the body. A muzzle imprint cannot be washed away. He does't know whether what he claims are muzzle burns could be wiped away easily or not. These are things Vanezis would know and took into account when making his assessment but were not taken into account by Fowler.
So first of all Fowler speculates that this was a hard contact wound that resulted in a muzzle imprint. Then Fowler built upon this speculation by speculating the size matches the imprint the gun would leave. He had no measurements of the area he claimed was a muzzle imprint nor did he do any testing so his speculation was baseless and unsupported.
The defense argued that this speculation proves that the moderator was not attached when the non-fatal fatal shot was fired and that because it was not attached during this shot it must not have been attached during the fatal shot so undermines the trial expert conclusion that the moderator was attached during the fatal shot.
The CCRC rejected Fowler's unsupported speculation as being insufficient to rely upon it to establish the non-fatal shot was fired sans-moderator and furthermore that it failed to address let alone refute the blood evidence that proved it was used.
The Prosecution can rely on their trial experts there is no need to bring in new experts. The burden is on the defense to prove their experts are 100% correct and they bear the burden of refuting the trial evidence. Fowler ignored the trial evidence related to the fatal wound and tried to impeach it indirectly though it was an incompetent effort that was rejected by the CCRC and that rejection was upheld by the COA. You are so biased you either can't recognize or dishonestly refuse to admit that the CCRC and COA both rejected Fowler's claims as unsupported speculation that proved nothing and instead keep insisting his claims are irrefutable.
His claims were nothing more than unsupported opinion that failed to undermine the prosecution case as such the prosecution has no need to gather additional experts to refute his claims. The burden only shifts when the defense can make a prima facie showing.
Refuting his babble is easy though. First of all a muzzle imprint from skin wrapping around the muzzle would have resulted in bands from the threads. Second, it is well known that muzzle imprints are at least 1/3 larger than the weapon that made them and often twice the size. The barrel of the weapon is behind Sheila so in the photo actually looks smaller than it really was in relation to her wounds. It's readily apparent the size of the alleged muzzle imprint is too small to be one and is smaller than the actual muzzle. Third, it looks nothing like photos of actual muzzle imprints. Fourth, if it were a muzzle imprint then Vanezis would have noticed when examining it in person.
Fowler's opinions were a joke. That you adopt them is not surprising since you will adopt anything supportive of Jeremy no matter how baseless.
You simply widen the chasm in your credibility gap though when distorting and trying to pretend that the COA and CCRC found his evidence admissible and correct.
Not only do you ignore the forensic evidence that shows the sound moderator was not on the gun,
Fowler's unsupported opinion doesn't constitute forensic evidence. Unsupported opinion legally must be ignored. In an event I didn't ignore it I shredded it. His opinion is totally bogus and baseless. Making up that there is a muzzle imprint doesn't in any way undermine the evidence that proves the moderator was used. You are taking unsupported opinion rejected by the CCRC and COA and insisting that we must accept it as Gospel. You are the one ignoring evidence and logic not me.
you completely ignore the dubious and unsafe circumstances it was handled in before it was handed over to the police. The Sound moderator was 'discovered' by the relatives who would be the beneficiaries of the estate in the event of a conviction and it Just so happens part of that estate was the very farm they were living on. So they collect the moderator take it back to their farm. In their possession on the farm is several other sound moderators of the exact same make and model (identical) how can you be sure the one you are relying on is the genuine one they allegedly found? not only that how can you rely on such evidence when the person who handled it was caught out in a lie about not being able to open the sound moderator?
I have repeatedly addressed this issue so your claim I ignore it is simply another of your legion bogus claims.
1) Your claim that it was stored with multiple moderators that were exactly the same is false. The moderator was taken to the Eaton residence and that is where it was kept until it was picked up by police. The two Boutflour moderators were at the Boutflour residence. One of the Boutflour moderators was a different significantly shorter than Nevill's moderator. The other Boutflour moderator was a similar length but the outside shape was slightly different.
2) The only way the family would doctor Nevill's the moderator with blood would be if they knew all about drawback. In addition to knowing all about drawback they would need to know that the fatal wound was a contact wound; would need to know Sheila's blood type or to have a source of her blood in storage; and wound need to know exactly how to spray blood inside so it would mimic drawback by resulting in blood landing on the first 8 baffles in diminishing quantity.
3) If they planted blood on and in it why would they bother planting paint on it as well?
evidence that the family knew anything about
4) If they planted drawback they would press the police about the blood findings but failed to do so.
5) The family not only had no way to know if Sheila had a contact wound but whether any other victim had suffered a contact wound. If the family did know all about drawback then they would know blood would be found in the Anschutz barrel- not only Sheila's blood but blood of any other victims who suffered contact wounds could have been inside. This would deter planting blood in the moderator because blood being found in the rifle would refute the use of the moderator and betray the blood in the moderator was planted. The family had no access to try to clean the rifle.
Even today drawback is obscure but then it was even more obscure. There is zero evidence the family knew anything about drawback let alone had a source of her blood to plant, would be able to expertly plant it and
would have been able to access the rifle barrel to remove blood from it. There is zero evidence the family understood the blood related to drawback or pressed police to test the blood.
Given the evidence would a rational, objective, reasonable juror believe that it was reasonably likely that a member of the family planted blood in the moderator? The answer is no. You need to establish that it is reasonably likely the family planted the blood in order to discount it but you have failed miserably at doing so.
Alleging it is a distant possibility means nothing you must provide evidence that establishes it is reasonably likely to have occurred. The same way saying it is a distant possibility someone planted your fingerprint at a crime scene would mean nothing. If you want to get the fingerprint evidence discounted then you need to provide evidence that establishes it is reasonably likely to have occurred.
The phrase "beyond a reasonable doubt" by design contains the word "reasonable". Triers of fact must decide what is reasonably likely to have occurred based on the evidence presented.
You have presented zero evidence to establish it is reasonably likely that any specific family member planted the evidence at any time that it was at WHF or Oak Farm let alone removed blood from the murder weapon.
Just making up that it is a possibility is woefully insufficient from a legal standpoint.
I don't bear the burden of proving it wasn't doctored, you bear the burden of proving it is reasonably likely that it was doctored.