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	<title>Fitted-In &#187; THE LYNETTE WHITE INQUIRY</title>
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	<description>The quest for justice</description>
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		<title>Historic</title>
		<link>https://fittedin.org/fittedin/?p=1368</link>
		<comments>https://fittedin.org/fittedin/?p=1368#comments</comments>
		<pubDate>Mon, 04 Jul 2016 23:00:08 +0000</pubDate>
		<dc:creator><![CDATA[Satish Sekar]]></dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Forensic Sciences]]></category>
		<category><![CDATA[Just Tariffs]]></category>
		<category><![CDATA[Truth and Justice]]></category>
		<category><![CDATA[Unfit for Purpose]]></category>
		<category><![CDATA[Vindication]]></category>
		<category><![CDATA[ANGELA PSAILA]]></category>
		<category><![CDATA[DNA]]></category>
		<category><![CDATA[GRAHAM MOUNCHER]]></category>
		<category><![CDATA[HMCPSI]]></category>
		<category><![CDATA[Ian Massey]]></category>
		<category><![CDATA[IPCC]]></category>
		<category><![CDATA[JEFFREY GAFOOR]]></category>
		<category><![CDATA[LEARNNE VILDAY]]></category>
		<category><![CDATA[Lloyd Paris]]></category>
		<category><![CDATA[LYNETTE WHITE]]></category>
		<category><![CDATA[MARK GROMMEK]]></category>
		<category><![CDATA[Mr Justice Maddison]]></category>
		<category><![CDATA[Phase II]]></category>
		<category><![CDATA[Phase III]]></category>
		<category><![CDATA[RICHARD POWELL]]></category>
		<category><![CDATA[THE CARDIFF FIVE]]></category>
		<category><![CDATA[THE LYNETTE WHITE INQUIRY]]></category>
		<category><![CDATA[Theresa May]]></category>

		<guid isPermaLink="false">http://fittedin.org/fittedin/?p=1368</guid>
		<description><![CDATA[By Satish Sekar © Satish Sekar (July 4th 2016) Anniversary Thirteen years ago today Jeffrey Gafoor made history. Gafoor pleaded guilty to the murder of Lynette White. She was the victim of what was then (February 14th 1988) the most...<br /><a class="read-more-button" href="https://fittedin.org/fittedin/?p=1368">Read more</a>]]></description>
				<content:encoded><![CDATA[<p style="text-align: justify;">By Satish Sekar © Satish Sekar (July 4th 2016)</p>
<p style="text-align: justify;"><strong>Anniversary</strong></p>
<p style="text-align: justify;">Thirteen years ago today Jeffrey Gafoor made history. Gafoor pleaded guilty to the murder of Lynette White. She was the victim of what was then (February 14th 1988) the most brutal murder of its type in Welsh history. Faced with overwhelming evidence Gafoor admitted that he had murdered Lynette. He had provided samples for DNA testing before attempting to take his own life in February 2003. Police officers from the Lynette White Inquiry Phase II saved his life.</p>
<p style="text-align: justify;">Phase II was one of the best investigations ever. Led by Detective Chief Superintendent Kevin O’Neill, these officers and the forensic scientists, did a fantastic job. They knew that finding the real killer would come at a huge price to the force. No British police force had ever resolved a miscarriage of justice by convicting the real killer in the DNA age. Any force that did so knew that it would unleash a can of worms, the like of which British policing had never faced before. But still, they investigated doggedly and continued until they made history by bringing Gafoor to justice.</p>
<p style="text-align: justify;"><strong>A Colossal Error</strong></p>
<p style="text-align: justify;">And then that storm was unleashed. Phase III investigated what went wrong – who was responsible for one of the most notorious miscarriages of justice ever. Thirty-four people were arrested and interviewed under caution on suspicion of offences including conspiring to pervert the course of justice and perjury. Twenty of them were police officers and 13 were told that they would face trial, along with two civilian witnesses.</p>
<p style="text-align: justify;">But before they faced trial three of the alleged eye-witnesses were tried for perjury and conspiring to pervert the course of justice. Mr Justice (Sir David) Maddison ruled that they could not claim duress, as the law demanded that they must retract immediately, but to whom – police officers, the courts? Who? How could they be expected the courts or police after what they had gone through?</p>
<p style="text-align: justify;">Mark Grommek, Angela Psaila and Learnne Vilday (the New Cardiff Three) were convicted – rightly as the law said, but wrongly according to justice and conscience. The court accepted that they had told the lies they were forced to tell and then they were prosecuted for telling them. They were each sentenced to 18 months in prison. This was and remains a huge injustice – the law could not have acted more inappropriately, but worse would soon follow.</p>
<p style="text-align: justify;"><strong>Travesty</strong></p>
<p style="text-align: justify;">With 13 police officers and two witnesses due to face trial it was decided that eight former officers, including Graham Mouncher and Richard Powell and the witnesses Ian Massey and Violet Perriam would face trial first. The trial began in 2011. I was due to be a witness against Massey. Nicholas Dean QC and his prosecution team ensured that I would miss virtually all the trial for no good reason – actually there was a very good reason.</p>
<p style="text-align: justify;"><a href="http://fittedin.org/fittedin/wp-content/uploads/2014/09/cardifffive.png"><img class="alignnone size-medium wp-image-134" src="http://fittedin.org/fittedin/wp-content/uploads/2014/09/cardifffive-199x300.png" alt="cardifffive" width="199" height="300" /></a></p>
<p style="text-align: justify;">We were not meant to see what was unfolding. It would take a very long time to unravel, but unravel it would. The trial collapsed on largely spurious grounds. Disclosure was not what it should have been – that is unarguable, but whose fault is that? The straw that broke the camel’s back was the failure to disclose some documents – copies actually. The originals had been retained, and copies were taken.</p>
<p style="text-align: justify;">The copies were meaningless. It was believed that they had been destroyed – evidence to that effect was given, but it was not true. A month after the sensational collapse of the trial the supposedly destroyed documents were discovered in the very boxes that they had been sent to police by the IPCC.</p>
<p style="text-align: justify;"><strong>Unlawful</strong></p>
<p style="text-align: justify;">I had been kept out of the trial until it was far too late – we believe that was their intention all along. South Wales Police chose to cooperate with HMCPSI and the IPCC, both of whom were investigating aspects of the collapse of the trial. The terms of reference established that neither process was worth cooperating with as they would not establish why a notorious miscarriage of justice had been allowed to occur.</p>
<p style="text-align: justify;">I chose not to cooperate and demanded the return of my work product, which was mine alone, as was the copyright on it. The Professional Standards Department unlawfully seized my work and distributed to others against my wishes in flagrant disregard of my rights and copyright.</p>
<p style="text-align: justify;"><a href="http://fittedin.org/fittedin/wp-content/uploads/2015/04/CIMG0443.jpg"><img class="alignnone size-medium wp-image-1111" src="http://fittedin.org/fittedin/wp-content/uploads/2015/04/CIMG0443-300x225.jpg" alt="Swansea Court 5" width="300" height="225" /></a></p>
<p style="text-align: justify;">The justification supplied a year late did not apply to me. Naturally the IPCC – itself an interested party and therefore not an impartial arbiter upheld the ludicrous justification – one that applied to criminal suspects not cooperating witnesses. Both HMCPSI and the IPCC failed miserably to explain why this appalling miscarriage of justice had occurred – inevitable really – as neither was concerned with that and nor was the Home Secretary, Theresa May. Her concern was to avoid a public inquiry.</p>
<p style="text-align: justify;"><a href="http://fittedin.org/fittedin/wp-content/uploads/2014/09/fitted_in.jpg"><img class="alignnone size-medium wp-image-217" src="http://fittedin.org/fittedin/wp-content/uploads/2014/09/fitted_in-214x300.jpg" alt="fitted_in" width="214" height="300" /></a></p>
<p style="text-align: justify;"><strong>Squaring the Circle</strong></p>
<p style="text-align: justify;">As early as the first week of the 2011 Police Corruption Trial it became obvious that the prosecution was lacklustre – notwithstanding that the prosecution team could talk a good talk. The defence case was a tried and tested method in such cases – deny that there had ever been a miscarriage of justice. The Cardiff Five were guilty, they claimed. But what about the DNA? What about Gafoor’s guilty plea? What about his insistence that he had acted alone?</p>
<p style="text-align: justify;">Simple. None of that mattered. All that counted were his inconsistent accounts. He could only remember inflicting ten or twelve stab wounds and not the throat ones. So what? Well that meant it was possible that there was more than one attack. “Technically”, Angela Gallup said – the scientific equivalent of ‘and I can’t rule out the possibility that pigs could fly either!’</p>
<p style="text-align: justify;">There was forensic pathology evidence and blood distribution pattern evidence that had an important story to tell. Lynette’s murder was never consistent with five killers and two witnesses charging around the crime-scene in darkness without leaving any trace of themselves or interfering with any of the evidence in the flat.</p>
<p style="text-align: justify;">It simply flew in the face of any notion of logic.</p>
<p style="text-align: justify;"><strong>The Final Insults</strong></p>
<p style="text-align: justify;">It served well in 2011 – so well that it was trotted out again in the compensation case in 2015. And as in 2015 the witnesses that could demolish this outrageous hypothesis were never called. We will be publishing <strong>Trials and Tribulations</strong> <strong>– Innocence Matters?</strong> soon. The aim is to reassert the truth – the Cardiff Five are, as they always were, totally innocent of any involvement in the murder of Lynette White, even though it is too late to matter to Yusef Abdullahi and Ronnie Actie.</p>
<p style="text-align: justify;"><a href="http://fittedin.org/fittedin/wp-content/uploads/2014/11/2011_02_04_23_27_01-1-e1416399862662.jpg"><img class="alignnone size-medium wp-image-719" src="http://fittedin.org/fittedin/wp-content/uploads/2014/11/2011_02_04_23_27_01-1-e1416399862662-300x201.jpg" alt="2011_02_04_23_27_01-1" width="300" height="201" /></a></p>
<p style="text-align: justify;">Meanwhile, Gafoor had received a very lenient tariff in 2005 – just 12 years and 8 months, 13 years in reality once remand was taken into account. Consequently, Gafoor is now eligible to apply for release on parole. We will be publishing <strong>Bad Form</strong> <strong>– How Tariffs Protect the Guilty and Punish the Innocent</strong> soon to illustrate the grave flaws with the tariff system – one that sees no problem with treating the truly guilty more leniently than the innocent for the same crime. As Lloyd Paris – Tony’s brother – said, “Things are back to front!”</p>
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		<item>
		<title>Procedures</title>
		<link>https://fittedin.org/fittedin/?p=1362</link>
		<comments>https://fittedin.org/fittedin/?p=1362#comments</comments>
		<pubDate>Fri, 01 Jul 2016 22:45:00 +0000</pubDate>
		<dc:creator><![CDATA[Satish Sekar]]></dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Forensic Sciences]]></category>
		<category><![CDATA[Andrew Rennison]]></category>
		<category><![CDATA[Dr John Whiteside]]></category>
		<category><![CDATA[Dr Patrick Lincoln]]></category>
		<category><![CDATA[ISO17025]]></category>
		<category><![CDATA[JOHN ACTIE]]></category>
		<category><![CDATA[LYNETTE WHITE]]></category>
		<category><![CDATA[RONNIE ACTIE]]></category>
		<category><![CDATA[STEPHEN MILLER]]></category>
		<category><![CDATA[THE CARDIFF FIVE]]></category>
		<category><![CDATA[the Forensic Science Service]]></category>
		<category><![CDATA[THE LYNETTE WHITE INQUIRY]]></category>
		<category><![CDATA[TONY PARIS]]></category>
		<category><![CDATA[YUSEF ABDULLAHI]]></category>

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		<description><![CDATA[By Satish Sekar © Satish Sekar (May 27th 2011) Prevention It’s been over 20 years since Lynette White was brutally murdered in the Butetown district of Cardiff. A lot has changed, including the use of forensic sciences and how advances...<br /><a class="read-more-button" href="https://fittedin.org/fittedin/?p=1362">Read more</a>]]></description>
				<content:encoded><![CDATA[<p style="text-align: justify;">By Satish Sekar © Satish Sekar (May 27th 2011)<br />
<strong>Prevention</strong><br />
It’s been over 20 years since Lynette White was brutally murdered in the Butetown district of Cardiff. A lot has changed, including the use of forensic sciences and how advances in these disciplines are utilised. It’s unlikely that the errors that plagued the Lynette White Inquiry could occur again, but that doesn’t excuse them completely. DNA testing systems were not sufficiently developed to make the telling contribution that it did to this case in the late 1980s. That was nobody’s fault.<br />
However, various crime-scene, forensic sciences and investigative techniques could have prevented the inquiry from going awry if only they had been applied as they should have been. This was an entirely preventable miscarriage of justice, and sadly, it is far from unique in that respect.<br />
<strong>Standards</strong><br />
“We’re in a very different world now and, since 1995, so post-dating this investigation, the forensic science laboratories in the UK have all adopted an international standard for testing calibration laboratories”, said the Forensic Science Regulator, Andrew Rennison. “This standard was first introduced in 1995. The Forensic Science Service, which was then the leading laboratory in the UK, led the way towards the adoption of this standard, ISO [International Standards Organisation] 17025”.<br />
Among the standards that it assured are: “an independent assessment of the robustness of the management systems of the laboratory, including the core management systems [and] it assesses the competence of the scientists and equally importantly – in fact probably most importantly – it demands clear evidence of the validation of the methods employed, so if you are a DNA laboratory, you will apply for accreditation against ISO 17025 for the DNA methods you are employing”, Rennison said.<br />
<strong>Cold Comfort</strong><br />
He believes that the procedures that have been introduced now would prevent repetition of the case of the Cardiff Five, but that is cold comfort to the many victims of that particularly vexed inquiry. It is a case that should never have been allowed to drift so badly off the rails. There’s no doubt that ISO 17025 is a very significant step in the right direction for all sides. It provides the standards that must be met, by which forensic scientists will be judged. It will therefore protect those who meet the standard and expose those who do not. This alone will make repetition of the forensic science failings that helped to secure this and other notorious miscarriages of justice.<br />
However, these new procedures do not deal with what happened in this case and without thorough investigation of it to establish exactly how the forensic science was manipulated, or went awry, it is impossible to establish if there is a generic problem or not. Although the methods used may vary from inquiry to inquiry, there are sad examples of forensic science being manipulated into saying the opposite of what the science actually suggests.<br />
That happened in the Lynette White Inquiry. Sadly, it is not an isolated example and there are still glaring flaws in the procedures.<br />
“It will never deal with a difference of opinion”, Rennison says. “You’re always going to have to trust the judgement of the experts in the day, but what you have behind that now are far more robust validation processes and standards they have to work to, so they’re far more accountable now than they ever were”.<br />
<strong>Insufficient</strong><br />
But one of the crucial problems in this whole process was the role of expert witnesses. Dr John Whiteside was the expert relied on by the Crown at the original trials of the Cardiff Five in 1989 and 1990 (John and Ronnie Actie were acquitted after the second trial and the Cardiff Three – Yusef Abdullahi, Stephen Miller and Tony Paris – were wrongfully convicted. Abdullahi’s defence instructed an expert to challenge the cocktail hypothesis, but their expert, Dr Patrick Lincoln, could not rule out the possibility that it had happened, although he thought that it was improbable.<br />
For reasons to be detailed in my forthcoming book <strong>The Cardiff Five: Innocent Beyond Any Doubt</strong>, that opinion was far too conservative. That expert was a blood expert, but the expertise required to debunk Whiteside’s opinion was scene of crime and blood distribution pattern rather than the likelihood of blood mixing. The wrong expert opinion or wrong choice of expert could, and in this case, did, have dire consequences, and, in fact contributed to a major miscarriage of justice.<br />
<strong>Reconciliation</strong><br />
“It’s taken a number of years for the standards to creep through the laboratories”, Rennison says. “Since ’95 a whole new quality standards framework is in place, though I have to say you still have to rely on the judgement of experts and there’s always going to be arguments around that even nowadays. That’s what court trials are for. Court trials are invariably resolving the differences between experts in evidence and there’s no standard you can ever create that will carve its way through that. What you do demand is that when experts give evidence that they are using evidence that is robust; it’s tested; it’s valid, peer-reviewed and they’ve got to be prepared, more so than they were in 1995”.<br />
But that simply didn’t apply in the Lynette White Inquiry and it still doesn’t. Trial is far, far too late in the process to reconcile differences of opinion on the science. That should have been done long before cases come to trial.</p>
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		<title>Unaddressed Needs – Part Three – Motes and Specks</title>
		<link>https://fittedin.org/fittedin/?p=1040</link>
		<comments>https://fittedin.org/fittedin/?p=1040#comments</comments>
		<pubDate>Mon, 06 Apr 2015 12:56:20 +0000</pubDate>
		<dc:creator><![CDATA[Satish Sekar]]></dc:creator>
				<category><![CDATA[Integrated Approach]]></category>
		<category><![CDATA[Charlotte Kiszko]]></category>
		<category><![CDATA[Colin Stagg]]></category>
		<category><![CDATA[Damilola Taylor Inquiry]]></category>
		<category><![CDATA[Danny Preddie]]></category>
		<category><![CDATA[David Lace]]></category>
		<category><![CDATA[Dick Holland]]></category>
		<category><![CDATA[DNA]]></category>
		<category><![CDATA[DNA Database]]></category>
		<category><![CDATA[honey-trap]]></category>
		<category><![CDATA[Jack Dibb]]></category>
		<category><![CDATA[John Pope]]></category>
		<category><![CDATA[Karen Skipper]]></category>
		<category><![CDATA[Lesley Molseed]]></category>
		<category><![CDATA[MJSS]]></category>
		<category><![CDATA[Mr Justice Ognall]]></category>
		<category><![CDATA[Mr Justice Roderick Evans]]></category>
		<category><![CDATA[Paul Britton]]></category>
		<category><![CDATA[Phillip Skipper]]></category>
		<category><![CDATA[Police Corruption Trial]]></category>
		<category><![CDATA[Rachel Nickell]]></category>
		<category><![CDATA[Ricky Preddie]]></category>
		<category><![CDATA[Robert Napper]]></category>
		<category><![CDATA[Ronald Castree]]></category>
		<category><![CDATA[Ronald Outeridge]]></category>
		<category><![CDATA[Sean Hodgson]]></category>
		<category><![CDATA[Sian Hedges]]></category>
		<category><![CDATA[STEFAN KISZKO]]></category>
		<category><![CDATA[Teresa di Simone]]></category>
		<category><![CDATA[THE CPS]]></category>
		<category><![CDATA[THE LYNETTE WHITE INQUIRY]]></category>
		<category><![CDATA[the Miscarriages of Justice Support Service]]></category>
		<category><![CDATA[vindication cases]]></category>

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		<description><![CDATA[Fitted In – An Integrated Approach[1] by Satish Sekar © Satish Sekar (June 1st 2011) Lectures If we intend to keep handing out lectures on human rights to other governments, then we have to address our own failings. There are seven...<br /><a class="read-more-button" href="https://fittedin.org/fittedin/?p=1040">Read more</a>]]></description>
				<content:encoded><![CDATA[<h2 style="text-align: justify;"><strong>Fitted In – An Integrated Approach</strong><strong><a href="#_ftn1" name="_ftnref1">[1]</a></strong></h2>
<p style="text-align: justify;"><strong>by Satish Sekar © Satish Sekar (June 1st 2011)</strong></p>
<p style="text-align: justify;"><strong>Lectures</strong></p>
<p style="text-align: justify;">If we intend to keep handing out lectures on human rights to other governments, then we have to address our own failings. There are seven vindication cases in Britain in the DNA age. Two of them occurred in London, one in Hampshire, another in West Yorkshire, one near the border between Buckinghamshire and Hertfordshire and the other two were in Wales.</p>
<p style="text-align: justify;">For legal reasons the Welsh ones could not be detailed<a href="#_ftn2" name="_ftnref2">[2]</a> – there were trials in progress in both cases. John Pope had won an appeal, which led to a retrial in Newport before Mr Justice Roderick Evans. I covered that trial. The other trial was the Lynette White Inquiry Police Corruption Trial.</p>
<p style="text-align: justify;">Both Phillip Skipper and the Cardiff Five had been vindicated, but were still facing unwarranted accusations. Nevertheless, the effects still need to be addressed in all vindication cases.</p>
<p style="text-align: justify;"><strong>Shameful</strong></p>
<p style="text-align: justify;">Stefan Kiszko is dead and so is his remarkable mother, Charlotte. Both went to their graves without receiving assistance to rebuild their lives or even compensation. By todayʼs provisions, Kiszko was entitled to both, but he was long dead.</p>
<p style="text-align: justify;">He lost over sixteen years of his life for a crime he did not commit and it was patently obvious early in the Lesley Molseed Inquiry that Kiszko was innocent. He could not produce semen, but that was on her clothing and was therefore an early and important clue.</p>
<p style="text-align: justify;">The late Jack Dibb was charged over the Kiszko case as was his then subordinate Dick Holland and a forensic scientist Ronald Outteridge. The charges were dropped by a magistrate after Dibbʼs death. Years later a hit on the National DNA Database resulted in the identification of Ronald Castree as the prime suspect.</p>
<p style="text-align: justify;">Thirty-two years after Molseed was murdered Castree was convicted. He still protests his innocence, but the real victim of the miscarriage of justice is Kiszko. He was wrongly labelled a pervert for exposing himself to school-girls. It later emerged that this was the justification for suspecting him in the first place, but that accusation was false too.</p>
<p style="text-align: justify;">Years later, with Kiszkoʼs life ruined, the girls admitted that they had lied about him for a laugh! This illustrates the dangers of relying on the uncorroborated claims of immature people. The wheels of justice began turning at break-neck speed as a result of that and the subsequent obsession with Kiszko.</p>
<p style="text-align: justify;"><strong>Appalling</strong></p>
<p style="text-align: justify;">Kiszko was failed disgracefully by the criminal justice system. His defence layers knew about the semen issue, but failed to present evidence at his trial that would have cleared him beyond doubt. The consequences were dreadful. He was attacked in prison and damaged irreparably by his ordeal. He never recovered and never saw Castree brought to justice.</p>
<p style="text-align: justify;">While his defence lawyers at trial must take the lionʼs share of the blame and deservedly too, the rest of the criminal justice is not blameless either. The evidence against Kiszko was hopeless.</p>
<p style="text-align: justify;">He was a vulnerable man coerced by inadequate interviewing methods into confessing to a crime he did not commit. Progress has been made in this respect. Confessions, especially from such vulnerable people, are not treated as the Holy Grail they once were.</p>
<p style="text-align: justify;">Such advances are signs of an integrated approach to evidence having been developed, but too late for Kiszko. If the scientific evidence had been handled in a competent manner, the truth could have emerged in time to prevent that tragedy occurring.</p>
<p style="text-align: justify;">Sadly it is too late to do anything for Kiszko or his mother, but his experiences must be recalled with disgust and a determination to learn from them. Nothing resembling this must ever be allowed to happen again.</p>
<p style="text-align: justify;">Investigative methods must be fully integrated with advances in science and also current forensic science techniques. Rules of evidence must be adapted too. For evidence of innocence to be available early in this process, yet take sixteen years to emerge, while an innocent manʼs life was destroyed, is utterly unacceptable.</p>
<p style="text-align: justify;"><strong>Post-Conviction Relief</strong></p>
<p style="text-align: justify;">Sean Hodgson, at least is still alive and eligible for both compensation and the inadequate after-care provided by the government through the Miscarriages of Justice Support Service (MJSS),<a href="#_ftn3" name="_ftnref3">[3]</a> a misnomer if ever there was one. Hodgson served nearly three decades in prison for the rape and murder of Teresa di Simone. David Lace was the real perpetrator. His post-conviction confession was found to be unreliable, yet discrepancies in Hodgsonʼs account and the lack of scientific evidence were discounted. His new lawyers were told that samples to test no longer existed, but eventually testable material was located and Hodgson was cleared. Vindication followed soon, as Laceʼs confession was tested against scientific evidence. His guilt was proved, but Lace was long dead. Hodgson qualifies for assistance from the MJSS and is eligible for compensation too. Of seven vindication cases in Britain, Hodgson alone is eligible for both and alive to claim it.</p>
<p style="text-align: justify;">Britainʼs Supreme Court recently produced a definition of a miscarriage of justice with reference to a compensation claim by Andrew Adams, but regardless of it, many victims of miscarriages of justice including the vindicated remain excluded from eligibility for compensation and after-care too.<a href="#_ftn4" name="_ftnref4">[4]</a> There is no doubt that Colin Stagg is and always was completely innocent of any involvement in the murder of Rachel Nickell. It is hard to find a more blinkered investigation than that one. The honey-trap was more in keeping with Cold War intrigue than legitimate investigation of crime, yet it was attempted. It was quite rightly thrown out by Mr Justice (Sir Harry) Ognall in 1994 after Stagg had been in prison on remand for the best part of a year.</p>
<p style="text-align: justify;">Stagg emerged to a vitriolic whispering campaign, fuelled among others by disgruntled police officers who felt aggrieved that the evidence they had gathered was not accepted. The honey-trap officer, referred to as Lizzie James, was compensated before Stagg after it affected her career – she left the police and country too over it. There never was any credible evidence against Stagg; it had to be generated through those unethical methods. It also helped to end the career of Paul Britton; he deserved nothing less. Despite his efforts to distance himself from the scandal, he is not a victim in this and nor are the officers who allowed that honey-trap to proceed and nor is the CPS either.</p>
<p style="text-align: justify;">An integrated approach to crime investigation could have prevented the whole fiasco from happening. Stagg was not a likely killer. There was nothing in his criminal record or character traits that justified suspecting him at all and there was no scientific evidence against him either. Meanwhile, the real killer, Robert Napper, should have emerged as a suspect far earlier and at least two lives could have been saved if a rape allegation had been investigated competently. DNA testing eventually resolved the case beyond doubt by conclusively linking Napper to Nickellʼs murder, but this was a catalogue of errors in both investigations and that continued after resolution too.</p>
<p style="text-align: justify;">Stagg has been paid substantial compensation and rightly so, but were the same thing to happen now, he would not be eligible. That is shameful, but it is in some ways worse that he does not qualify for assistance to rebuild his life. Any definition of a miscarriage of justice that does not include Colin Stagg, is an affront to common sense and justice too and any scheme to assist victims of miscarriages of justice to recover from their ordeal that does not help him is a disgrace. But it does not stop there.</p>
<p style="text-align: justify;">In 2006 four young men should have received an apology from the Commissioner of the Metropolitan Police. A crass error by forensic scientist Sian Hedges was discovered during a review of the Damilola Taylor Inquiry. Original suspects Ricky and Danny Preddie had been eliminated due in part to the absence of blood evidence on their property. It later emerged that a training shoe belonging to Danny had clear traces of blood on it – the photograph proved it.<a href="#_ftn5" name="_ftnref5">[5]</a> The blood was DNA tested and found to have been shed by Taylor. Fibre evidence also linked them to the 10 year-oldʼs death. The Preddie brothers changed their account of their movements as a result, but were convicted of manslaughter in August 2006.</p>
<p style="text-align: justify;">Four years earlier four boys were acquitted by judge or jury. The case against them was a travesty. A witness referred to in court as Bromley was utterly unreliable to put it mildly, but there were other signs that something was badly wrong as well. A trawl of Feltham Young Offenders Institute produced so called evidence, some of which came from witnesses of the lowest possible order. Instead of helping those boys to rebuild their lives – one of them has been deported as a crime risk – they have been left to fend for themselves and are denied even an expression of regret, let alone apology. The effect the wrongful accusation of murdering Damilola has had on his life and subsequent conduct has not been considered on that decision or on the future. He is an adult now, living in the Democratic Republic of Congo, a country that is far from stable and to which he has little or no connection to any more, as he left it aged nine.</p>
<p style="text-align: justify;"><a href="#_ftnref1" name="_ftn1">[1]</a> An indication of the importance of an integrated approach can be seen in <strong>Equality of Arms</strong>, at <a href="http://fittedin.org/fittedin/?p=690">http://fittedin.org/fittedin/?p=690</a>  for more on this case and others too.</p>
<p style="text-align: justify;"><a href="#_ftnref2" name="_ftn2">[2]</a> This article was part of a presentation made at a conference to medical practitioners, which included forensic    pathologists, in 2011. At the time two trials were taking place – the Lynette White Police Inquiry Police Corruption Trial and the retrial of John Pope for the murder of Karen Skipper. Both of these re vindication cases and ones that <strong>FIP</strong> has taken an interest in. Pope was subsequently convicted. The Police Corruption Trial was halted on the orders of the judge, following serious failures by the prosecution. This is ironic as the CPS imposed conditions on others, especially myself and <strong>Fitted-In</strong> while displaying extremely shoddy standards itself, which should have led to serious consequences for it. This is one of the reasons we still demand a <strong>Truth and Justice Commission</strong> into the whole of this case, rather than the deeply flawed processes that have occurred so far.</p>
<p style="text-align: justify;"><a href="#_ftnref3" name="_ftn3">[3]</a> Hodgson died in October 2012, aged 61.</p>
<p style="text-align: justify;"><a href="#_ftnref4" name="_ftn4">[4]</a> The sadly defunct <strong>Fitted-In Journal</strong> covered this issue in <strong>A Deafening Silence</strong>. Regrettably other media, including the <em>Guardian</em> and <em>New Statesman</em>, insist on ignoring this scandal, while claiming that it is the type of story that is important to them. We will republish it soon.</p>
<p style="text-align: justify;"><a href="#_ftnref5" name="_ftn5">[5]</a> See <strong>The Partial Truth Truth – Errors of Judgement </strong>at <a href="http://fittedin.org/fittedin/?p=743">http://fittedin.org/fittedin/?p=743</a> for our coverage of this issue.</p>
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		<title>A Bulging Underlay</title>
		<link>https://fittedin.org/fittedin/?p=1032</link>
		<comments>https://fittedin.org/fittedin/?p=1032#comments</comments>
		<pubDate>Thu, 02 Apr 2015 18:19:48 +0000</pubDate>
		<dc:creator><![CDATA[Satish Sekar]]></dc:creator>
				<category><![CDATA[Truth and Justice]]></category>
		<category><![CDATA[Vindication]]></category>
		<category><![CDATA[ALUN MICHAEL]]></category>
		<category><![CDATA[Ann Widdecombe]]></category>
		<category><![CDATA[DCS Phil Jones]]></category>
		<category><![CDATA[DNA]]></category>
		<category><![CDATA[HMCPSI]]></category>
		<category><![CDATA[Michael Howard]]></category>
		<category><![CDATA[Phase III]]></category>
		<category><![CDATA[Sir David MacLean]]></category>
		<category><![CDATA[SOUTH WALES POLICE]]></category>
		<category><![CDATA[THE CARDIFF FIVE]]></category>
		<category><![CDATA[THE CPS]]></category>
		<category><![CDATA[THE CROWN PROSECUTION SERVICE]]></category>
		<category><![CDATA[the Home Secretary]]></category>
		<category><![CDATA[THE LYNETTE WHITE INQUIRY]]></category>
		<category><![CDATA[the Professional Standards Department]]></category>
		<category><![CDATA[Theresa May]]></category>

		<guid isPermaLink="false">http://fittedin.org/fittedin/?p=1032</guid>
		<description><![CDATA[By Satish Sekar © Satish Sekar (July 16th 2013) Inadequate I am disappointed, but not surprised in the least by the latest failure of the processes imposed on the public by public authorities that have failed those they promised to...<br /><a class="read-more-button" href="https://fittedin.org/fittedin/?p=1032">Read more</a>]]></description>
				<content:encoded><![CDATA[<p style="text-align: justify;">By Satish Sekar © Satish Sekar (July 16<sup>th</sup> 2013)<br />
<strong>Inadequate</strong><br />
I am disappointed, but not surprised in the least by the latest failure of the processes imposed on the public by public authorities that have failed those they promised to serve. South Wales Police’s Professional Standards Department unlawfully seized control of my work and property for their own purposes after the collapse of the Lynette White Police Corruption Trial in December 2011.<br />
That included servicing the deeply flawed processes that ended in abject failure today (July 16th 2013). The terms of reference of both the Independent Police Complaints Commission (IPCC) and Her Majesty’s Crown Prosecution Service Inspectorate (HMCPSI) were clearly insufficient. Both The Fitted-In Project and I had made our concerns clear from the start. Not only were they ignored, but our co-operation was then stolen to support processes that we had taken a principled decision to oppose.<br />
Both reports have failed to explain how and why one of Britain’s most notorious miscarriages of justice was allowed to occur. These reports address few if any of the major causes for concern. There are so many flaws that even a swift perusal vindicates my position – this was a process that would take this case off the agenda yet again and then it could be swept under the carpet once and for all. It remains to be seen if the public will tolerate it.<br />
<strong>Conspiracy to Silence</strong><br />
The Home Secretary was aided and abetted in a long-standing policy to prevent this case from achieving its potential to benefit the public. As long ago as 1995 I called on the then Home Secretary Michael Howard to secure evidence and order a public inquiry into South Wales Police. At that time I highlighted a serious institutional problem in that force. This case was a large part of that.<br />
I was supported at the time and since by the then Shadow Minister for Home Affairs, Alun Michael.1 However, Sir David MacLean and Ann Widdecombe insisted that the correct course of action was for me to bring my concerns to the head of the organisation that I was complaining about. This course of action was rejected. The conduct of those Ministers had dire consequences. Evidence subsequently went missing.<br />
<strong>Inappropriate</strong><br />
They re-opened the Lynette White Inquiry and claimed it was their decision on whether to use up all the DNA, after having wasted months, resources and precious DNA on tests that proved as futile as we had predicted they would. They were forced to abandon these plans by the withdrawal of co-operation of Lynette’s natural mother Peggy Pesticcio.<br />
The inquiry was headed by the then head of South Wales Police’s CID, Phil Jones. After his retirement Jones was jailed for corruption. Readers can judge for themselves whether the credibility of the path suggested by Widdecombe and MacLean was anything other than grossly inadequate.<br />
<strong>Putting Wrong What they Got Right</strong><br />
South Wales Police made history in 2003 by resolving a miscarriage of justice with the conviction of the real killer. This was the first time that this happened in Britain in the DNA age. Howard, Widdecombe and MacLean were no longer in government. Alun Michael was, but South Wales Police reacted swiftly. They insisted that they would put right what they got wrong.<br />
Eight and half years and at least £30m later, the Phase III of the Lynette White Inquiry ended abruptly when the CPS threw in the towel – the latest of several failures of that organisation in this case. The terms of reference of both investigations ignored the root cause of the problem – the original miscarriage of justice. As such I chose not to co-operate, but my rights were trampled underfoot.<br />
I called for a public inquiry into the whole case, but representatives of the surviving Cardiff Five were determined to exclude me in favour of a limited and ultimately worthless process that coincided with gazing at the entrails of the one part they had not been compensated over – the collapsed trial, which just happened to be the thing that both the IPCC and HMCPSI had just spent months looking into.<br />
While both <strong>The Fitted-In Project</strong> and I maintain that any investigation must look at the whole case from start onwards, they have given Theresa May what she wants – a chance to sweep an egregious miscarriage of justice under the carpet. So much has already been swept under this particular carpet, there’s no more space under it.</p>
<p style="text-align: justify;">1 Mr Michael is now the Police and Crime Commissioner for South Wales. The position replaced Police Authorities with the exception of London, which transferred Police Authority powers to the Mayor of London.</p>
<p style="text-align: justify;">
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		<title>Appalling</title>
		<link>https://fittedin.org/fittedin/?p=1022</link>
		<comments>https://fittedin.org/fittedin/?p=1022#comments</comments>
		<pubDate>Wed, 01 Apr 2015 13:37:35 +0000</pubDate>
		<dc:creator><![CDATA[Satish Sekar]]></dc:creator>
				<category><![CDATA[Vindication International]]></category>
		<category><![CDATA[Ate Kloosterman]]></category>
		<category><![CDATA[Beatrix Park]]></category>
		<category><![CDATA[DNA]]></category>
		<category><![CDATA[Dutch criminal justice system]]></category>
		<category><![CDATA[KEES BORSBOOM]]></category>
		<category><![CDATA[Low Template DNA]]></category>
		<category><![CDATA[Maikel Willebrand]]></category>
		<category><![CDATA[murder]]></category>
		<category><![CDATA[Netherlands]]></category>
		<category><![CDATA[Nienke Kleiss]]></category>
		<category><![CDATA[police]]></category>
		<category><![CDATA[rape]]></category>
		<category><![CDATA[Reporting Officer]]></category>
		<category><![CDATA[Richard Eikelenboom]]></category>
		<category><![CDATA[Rotterrdam]]></category>
		<category><![CDATA[Schiedam]]></category>
		<category><![CDATA[the Cardiff Three]]></category>
		<category><![CDATA[THE LYNETTE WHITE INQUIRY]]></category>
		<category><![CDATA[the Netherands Forensic Institute]]></category>
		<category><![CDATA[the real perpetrator]]></category>
		<category><![CDATA[vicious attack]]></category>
		<category><![CDATA[Wik Haalmeijer]]></category>

		<guid isPermaLink="false">http://fittedin.org/fittedin/?p=1022</guid>
		<description><![CDATA[By Satish Sekar © Satish Sekar (April 23rd 2011) Unconscionable The Dutch criminal justice has a good reputation abroad. Even activists, when told about the now notorious Lynette White Inquiry as the battle to free the Cardiff Three was nearing...<br /><a class="read-more-button" href="https://fittedin.org/fittedin/?p=1022">Read more</a>]]></description>
				<content:encoded><![CDATA[<p style="text-align: justify;">By Satish Sekar © Satish Sekar (April 23<sup>rd</sup> 2011)</p>
<p style="text-align: justify;"><strong>Unconscionable</strong></p>
<p style="text-align: justify;">The Dutch criminal justice has a good reputation abroad. Even activists, when told about the now notorious Lynette White Inquiry as the battle to free the Cardiff Three was nearing its conclusion in 1992, defended it. They said that it was impossible for justice to miscarry in the Netherlands as badly as it had in the Lynette White Inquiry for example.</p>
<p style="text-align: justify;">Their outrage was limited to a peace activist who had been sentenced to two weeks imprisonment for daubing graffiti in an American base after breaking into it. They insisted that this was sentencing him twice for the same crime and they were outraged about it.</p>
<p style="text-align: justify;">This, they insisted, was the worst miscarriage of justice in the Netherlands at that time. But they were wrong. The Dutch system was capable of miscarrying as badly as it had in Britain – worse even.</p>
<p style="text-align: justify;"><strong>Vicious</strong></p>
<p style="text-align: justify;">On June 22<sup>nd</sup> 2000 ten-year-old Nienke Kleiss was raped and murdered in Beatrix Park in the small town of Schiedam, which is within easy commuting distance of Rotterdam. She fought hard for her life and left vital clues to identify the perpetrator, but her efforts were wasted by police and the Dutch criminal justice system for four years as justice miscarried twice.</p>
<p style="text-align: justify;">Her eleven-year-old friend, Maikel Willebrand, with whom she had been playing, was also viciously stabbed at the same time by Wik Haalmeijer. Willebrand survived by playing dead only to be absurdly accused of having inflicted the injuries on himself to cover up his crime – the attack on Kleiss. It was an utterly ludicrous allegation and an unconscionable way to treat a child who had been the victim of a vicious attack.</p>
<p style="text-align: justify;">DNA testing would play a large part in this inquiry. It quickly proved that Willebrand had been telling the truth that he had been attacked himself and had played no part in the rape or murder of Kleiss, but police were still not prepared to listen to him at all.</p>
<p style="text-align: justify;">They only moved on from Willebrand when they heard about a coincidence regarding the man who then became their new prime suspect Kees Borsboom – the man who had helped Willebrand after the crimes by reporting it to the police. And even then they would not accept Willebrand’s account because the boy would not turn on the man who had helped him.</p>
<p style="text-align: justify;"><strong>Fanciful</strong></p>
<p style="text-align: justify;">DNA expert Richard Eikelenboom, then working for the Netherlands Forensic Institute (FSI) developed the DNA protocols that were used in the Schiedammer Park case. He knew that Low Template DNA had produced important results, quickly realising that both Willebrand and Borsboom had nothing to do with the crimes, but he was not the Reporting Officer and Ate Kloosterman’s report was very selective.</p>
<p style="text-align: justify;">Kloosterman told the judge that the ‘foreign’ DNA results on Kleiss’ shoe and fingernails had been deposited by a child at her school. Unknown to the court there were compelling reasons to reject that explanation. Kleiss had been playing in water just before she was attacked and the surviving victim had told police that she had scratched her assailant – time would tell that she had.</p>
<p style="text-align: justify;">The results on the shoe and elsewhere were also the same – it would have required an incredible coincidence for all of those alleles to have been deposited at various locations innocently, but Kloosterman knew the significance of the results well or should have done. It was obvious that they had been deposited by one person and not by Kleiss’ classmates. They had the DNA of the real perpetrator – enough to eliminate the entirely innocent Borsboom, but selective disclosure prevented that from happening.</p>
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		<title>CPS – Culpable. Pathetic. Shameful.</title>
		<link>https://fittedin.org/fittedin/?p=922</link>
		<comments>https://fittedin.org/fittedin/?p=922#comments</comments>
		<pubDate>Sat, 17 Jan 2015 17:35:06 +0000</pubDate>
		<dc:creator><![CDATA[Satish Sekar]]></dc:creator>
				<category><![CDATA[Truth and Justice]]></category>
		<category><![CDATA[Unfit for Purpose]]></category>
		<category><![CDATA[CPS]]></category>
		<category><![CDATA[Darren Hall]]></category>
		<category><![CDATA[Dic Penderyn]]></category>
		<category><![CDATA[Ellis Sherwood]]></category>
		<category><![CDATA[Hywel Hughes]]></category>
		<category><![CDATA[Michael O'Brien]]></category>
		<category><![CDATA[miscarriage of justice]]></category>
		<category><![CDATA[PACE]]></category>
		<category><![CDATA[Penderyn methods]]></category>
		<category><![CDATA[Presumed Guilty: The Death of the Justice]]></category>
		<category><![CDATA[THE CARDIFF FIVE]]></category>
		<category><![CDATA[the Code for Crown Prosecutors]]></category>
		<category><![CDATA[THE CPS]]></category>
		<category><![CDATA[THE CROWN PROSECUTION SERVICE]]></category>
		<category><![CDATA[THE LYNETTE WHITE INQUIRY]]></category>
		<category><![CDATA[the Newsagent's Three]]></category>

		<guid isPermaLink="false">http://fittedin.org/fittedin/?p=922</guid>
		<description><![CDATA[By Satish Sekar © Satish Sekar (January 19th 2012) Coded For the last quarter of a century the Crown Prosecution Service (CPS) was supposed to have provided independent scrutiny on decisions over whether or not to prosecute. It had powers...<br /><a class="read-more-button" href="https://fittedin.org/fittedin/?p=922">Read more</a>]]></description>
				<content:encoded><![CDATA[<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">By Satish Sekar © Satish Sekar (January 19</span></span><sup><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">th</span></span></sup><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;"> 2012)</span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: large;"><b>Coded</b></span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">For the last quarter of a century the Crown Prosecution Service (CPS) was supposed to have provided independent scrutiny on decisions over whether or not to prosecute. It had powers to discontinue prosecutions, which it has used, and it had guidelines that ought to have ensured that the Cardiff Five at least never stood trial.</span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">Hywel Hughes was the Crown Prosecutor in this case. He took the decision to prosecute and did so in spite of the Code for Crown Prosecutors that provided guidance on whether the evidence was of sufficient quality to prosecute with a realistic prospect of conviction. Outrageously the CPS has tried to defend its decision to prosecute by pointing out that it secured convictions. </span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: large;"><b>Culpable</b></span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">Hughes was also responsible for deciding to prosecute the Newsagent’s Three (Michael O’Brien, Ellis Sherwood and Darren Hall) – another high profile Welsh miscarriage of justice</span></span><sup><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;"><a class="sdfootnoteanc" href="#sdfootnote1sym" name="sdfootnote1anc"><sup>1</sup></a></span></span></sup><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;"> – despite over 100 breaches of PACE and other serious failings. Examination of that Code in the Lynette White Inquiry leaves no room for doubt that it was a prosecution that should never have been tolerated. </span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">Securing convictions in a case now acknowledged, and actually obvious even at that time, to be a notorious miscarriage of justice must never be seen as a justification for a prosecution that plainly did not have credible evidence to justify proceedings. The CPS had a responsibility to halt this prosecution in its tracks and an ongoing discretion to stop the prosecution at any stage before wrongful convictions were secured amid a trail of devastated lives. </span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: large;"><b>Pathetic</b></span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">Instead, it failed to do so in a case where there is no credible doubt about innocence and acquiesced meekly when those charged with causing that miscarriage of justice stood trial and were allowed to claim that the Cardiff Five were in fact guilty when the evidence proved that they were not. The CPS failed to present the clearest possible evidence of their innocence adequately, despite having had this proof from a very credible source – a respected forensic scientist. That is shameful. The irony of this should not be lost. </span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">Allowing the Cardiff Five to stand trial on evidence that would have been rejected as implausible had it been offered as a script to any policing drama is a failing that taints its claims of independence even now almost a quarter of a century later. It had the opportunity to consign the discredited Penderyn methods to history and failed to do so miserably. </span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: large;"><b>Shameful</b></span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">Its refusal to do its job adequately resulted in other miscarriages of justice that could have been prevented. The CPS must bear the ultimate responsibility for that. Had it refused to prosecute the Cardiff Five the police would have had a clear message – the Penderyn methods (see <strong>The Blame Game</strong> at http://fittedin.org/fittedin/?p=918) will no longer result in prosecution, let alone convictions. </span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">That in turn would have meant that police would have been faced with a stark choice. They could cling to the outdated methods and hope for the best (worst really), or they could secretly fabricate evidence, telling nobody and hope to get away with it. </span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">Alternatively, they could change their methods, relying on modern investigative techniques and advances in forensic science, resulting in more reliable evidence and a better chance of securing convictions that deservedly stick. Hughes’ failings and those of the CPS robbed society of an efficient and just criminal justice system almost 25 years ago. For that it must receive a large slice of the blame, but there are others deserving of condemnation too.</span></span></p>
<div id="sdfootnote1">
<p class="sdfootnote-western" style="text-align: justify;" align="JUSTIFY"><a class="sdfootnotesym" href="#sdfootnote1anc" name="sdfootnote1sym">1</a><span style="font-family: 'Times New Roman', serif;"> For further information on that case see </span><span style="font-family: 'Times New Roman', serif;"><b>Presumed Guilty: The Death of Justice</b></span><span style="font-family: 'Times New Roman', serif;"> by Michael O’Brien and Greg Lewis, published by </span><span style="font-family: 'Times New Roman', serif;"><i>Y Lolfa</i></span><span style="font-family: 'Times New Roman', serif;">.</span></p>
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		<title>Beyond Doubt</title>
		<link>https://fittedin.org/fittedin/?p=904</link>
		<comments>https://fittedin.org/fittedin/?p=904#comments</comments>
		<pubDate>Fri, 16 Jan 2015 22:20:42 +0000</pubDate>
		<dc:creator><![CDATA[Satish Sekar]]></dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[Truth and Justice]]></category>
		<category><![CDATA[Vindication]]></category>
		<category><![CDATA[David Elfer QC]]></category>
		<category><![CDATA[Dr Gisli Gudjonsson]]></category>
		<category><![CDATA[EGREGIOUS MISCARRIAGE OF JUSTICE]]></category>
		<category><![CDATA[forensic science]]></category>
		<category><![CDATA[JOHN ACTIE]]></category>
		<category><![CDATA[LYNETTE WHITE]]></category>
		<category><![CDATA[RONNIE ACTIE]]></category>
		<category><![CDATA[STEPHEN MILLER]]></category>
		<category><![CDATA[THE CARDIFF FIVE]]></category>
		<category><![CDATA[the Cardiff Three]]></category>
		<category><![CDATA[THE LYNETTE WHITE INQUIRY]]></category>
		<category><![CDATA[TONY PARIS]]></category>
		<category><![CDATA[vulnerable]]></category>
		<category><![CDATA[YUSEF ABDULLAHI]]></category>

		<guid isPermaLink="false">http://fittedin.org/fittedin/?p=904</guid>
		<description><![CDATA[By Satish Sekar © Satish Sekar (January 11th 2012) The Suspension of Disbelief There is no longer any credible doubt that the Cardiff Five1 are innocent, but they always were. It should not have required the conviction of the real...<br /><a class="read-more-button" href="https://fittedin.org/fittedin/?p=904">Read more</a>]]></description>
				<content:encoded><![CDATA[<p class="western" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">By Satish Sekar © Satish Sekar (January 11</span></span><sup><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">th</span></span></sup><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;"> 2012)</span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: large;"><b>The Suspension of Disbelief</b></span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">There is no longer any credible doubt that the Cardiff Five</span></span><sup><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;"><a class="sdfootnoteanc" href="#sdfootnote1sym" name="sdfootnote1anc"><sup>1</sup></a></span></span></sup><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;"> are innocent, but they always were. It should not have required the conviction of the real murderer of Lynette White to convince anyone. Any objective review of the evidence should have led inexorably to that conclusion. As with other miscarriage of justice cases the evidence and common sense ought to have prevented not only wrongful convictions, but the wrongful arrests too. </span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">The murder of Lynette White is a tawdry tale of a vicious killing that involved excessive brutality – far beyond what was needed to kill – and the investigation and trials that followed of justice betrayed. It is now established as one of the most notorious and easily preventable miscarriages of justice in British history.</span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">An extraordinary tale began in the early hours of Valentine’s Day 1988 with what was then the most brutal murder of its type in Welsh history – over 50 stab wounds – with obvious sexual overtones to it. After ten months the original inquiry revealed a closed mind that focused on obviously innocent men. </span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">Forensic science proved the police’s scenario that five men and at least two alleged eyewitnesses were in that room along with the victim was quite frankly ludicrous. This became an egregious miscarriage of justice, but it ought to have been impossible. The quality of the evidence gathered against the five men who eventually stood trial was woeful to put it mildly. </span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">It was a case that required an extraordinary suspension of disbelief from several professionals, especially lawyers who should have known better, but there is nothing in that story that does not occur routinely in other cases. It is the combination of what has gone wrong that is incredible. Equally unbelievable is the failure of the criminal justice system to halt a plainly inappropriate prosecution in its tracks and hold those who failed the public accountable.</span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: large;"><b>Bullied and Hectored</b></span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">It is well known that Stephen Miller was ‘bullied and hectored’ by police in interviews that breached his rights shamefully. Miller was shouted down until he accepted the police’s version of Lynette’s murder – a scientifically ludicrous scenario that produced an utterly false confession. </span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">Miller was an extremely vulnerable person. He was highly suggestible and of below average intelligence. He was very susceptible to bullying and held to an absurd standard by David Elfer QC – a standard that required accepting everything put to him to meet Elfer’s definition of suggestibility. </span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">Dr Gisli Gudjonsson, the acknowledged leader in his field, understood the extent of Miller’s vulnerability to making a false confession. Sadly Elfer did not and, even more worryingly, nor did Miller’s defence lawyers for his trial and retrial. Their failures contributed in no small measure to an awful miscarriage of justice.</span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY">
<p class="western" align="JUSTIFY">
<div id="sdfootnote1">
<p class="western" align="JUSTIFY"><a class="sdfootnotesym" href="#sdfootnote1anc" name="sdfootnote1sym">1</a> <span style="font-family: 'Times New Roman', serif;"><span style="font-size: small;">I use that term rather than Cardiff Three deliberately because John and Ronnie Actie are no less innocent than Yusef Abdullahi, Stephen Miller and Tony Paris.</span></span></p>
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		<title>Unaccountable</title>
		<link>https://fittedin.org/fittedin/?p=745</link>
		<comments>https://fittedin.org/fittedin/?p=745#comments</comments>
		<pubDate>Fri, 21 Nov 2014 00:48:00 +0000</pubDate>
		<dc:creator><![CDATA[Satish Sekar]]></dc:creator>
				<category><![CDATA[Unfit for Purpose]]></category>
		<category><![CDATA[Baron (James) Wallace of Tankerness]]></category>
		<category><![CDATA[Baron John Laird]]></category>
		<category><![CDATA[Barri White]]></category>
		<category><![CDATA[Code for Crown Prosecutors]]></category>
		<category><![CDATA[CPS]]></category>
		<category><![CDATA[Her Majestyʼs Crown Prosecution Service Inspectorate]]></category>
		<category><![CDATA[HMCPSI]]></category>
		<category><![CDATA[Keith Hyatt]]></category>
		<category><![CDATA[prosecutorial misconduct]]></category>
		<category><![CDATA[Rachel Manning]]></category>
		<category><![CDATA[Shahidul Ahmed]]></category>
		<category><![CDATA[THE CARDIFF FIVE]]></category>
		<category><![CDATA[THE LYNETTE WHITE INQUIRY]]></category>
		<category><![CDATA[vindication]]></category>

		<guid isPermaLink="false">http://fittedin.org/fittedin/?p=745</guid>
		<description><![CDATA[by Satish Sekar © Satish Sekar (July 21st 2013) Unjustifiable The Crown Prosecution Service was established over a quarter of a century ago. Among its high profile and spectacular failures is the Lynette White Inquiry. Its Code for Crown Prosecutors...<br /><a class="read-more-button" href="https://fittedin.org/fittedin/?p=745">Read more</a>]]></description>
				<content:encoded><![CDATA[<p class="western" style="text-align: justify;" align="JUSTIFY">by Satish Sekar <span style="font-family: 'Times New Roman', serif;">© Satish Sekar (July 21</span><sup><span style="font-family: 'Times New Roman', serif;">st</span></sup><span style="font-family: 'Times New Roman', serif;"> 2013)</span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: large;"><b>Unjustifiable</b></span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">The Crown Prosecution Service was established over a quarter of a century ago. Among its high profile and spectacular failures is the Lynette White Inquiry. Its Code for Crown Prosecutors included criteria on sufficiency of evidence. When the Cardiff Five were prosecuted it had 13 – the overwhelming majority of them strongly suggested that it was a case that should never have been brought to trial.</span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">The CPS has been avoiding taking responsibility for its numerous failures in this case for several years now. They even had the effrontery to claim that securing convictions justified the decision to prosecute. Since when has securing one of the most notorious miscarriages of justice in British history been a justification? </span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: large;"><b>Excuses </b></span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">When that was pointed out to it, they hid behind the recent proceedings against the former police officers, claiming that they could not answer the questions then. But they promised answers after the trial. The collapse of the trial was followed by pledges to respond that were quickly broken. The new excuse was that they would respond after HMCPSI reported, even though the concerns we raised were not part of that investigation and they knew that full well.</span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY">“<span style="color: #222222;"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">The role of Her Majestyʼs Crown Prosecution Service Inspectorate (HMCPSI) is to enhance the quality of justice through independent inspection and assessment of prosecution services and, in doing so, improve their effectiveness and efficiency”, Baron (James) Wallace of Tankerness responded in writing to Baron (John) Laird.</span></span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="color: #222222;">“<span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">Although HMCPSI examines a range of cases as part of its normal inspection process, it does not investigate and report on individual cases unless, exceptionally, a case is referred to HMCPSI by the Attorney-General using statutory powers for matters intended for cases of general public concern” Lord Wallace continued.</span></span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="color: #222222;"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: large;"><b>Inadequate</b></span></span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="color: #222222;"><span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">This plainly was a case of great public concern, but so were many others. There are now six vindication cases in England and Wales<a class="sdfootnoteanc" href="#sdfootnote1sym" name="sdfootnote1anc"><sup>1</sup></a>. Many of them raise issues over the original prosecutions. The CPS has yet to be held accountable over any of them. HMCPSI has not been asked to investigate those or others too where prosecutorial misconduct or incompetence may have occurred.</span></span></span></p>
<p class="western" style="text-align: justify;" align="JUSTIFY"><span style="color: #222222;">“<span style="font-family: 'Times New Roman', serif;"><span style="font-size: medium;">However, as a rule HMCPSI is not an investigative body”, Wallace continued. “HMCPSI has undertaken two recent reviews at the request of the Law Officers”. The HMCPSI report allowed the CPS to evade responsibility for its numerous failures over this case. The CPS has never explained its dismal performance in the Lynette White Inquiry. It should not be allowed to evade its responsibility to the public.</span></span></span></p>
<div id="sdfootnote1">
<p class="sdfootnote-western" style="text-align: justify;" align="JUSTIFY"><a class="sdfootnotesym" href="#sdfootnote1anc" name="sdfootnote1sym">1</a> Since this article was written a seventh vindication case has occurred. On September 4<sup>th</sup> 2013 Shahidul Ahmed was convicted of the murder of Rachel Manning, vindicating Barri White and Keith Hyatt: the author.</p>
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		<title>Press Release – Sekar’s Pivotal Role</title>
		<link>https://fittedin.org/fittedin/?p=669</link>
		<comments>https://fittedin.org/fittedin/?p=669#comments</comments>
		<pubDate>Mon, 10 Nov 2014 00:22:32 +0000</pubDate>
		<dc:creator><![CDATA[Satish Sekar]]></dc:creator>
				<category><![CDATA[Articles]]></category>
		<category><![CDATA[ALUN MICHAEL]]></category>
		<category><![CDATA[AUTHOR]]></category>
		<category><![CDATA[BAFTA]]></category>
		<category><![CDATA[BOB WOFFINDEN]]></category>
		<category><![CDATA[FITTED IN: THE CARDIFF 3 AND THE LYNETTE WHITE INQUIRY]]></category>
		<category><![CDATA[JEFFREY GAFOOR]]></category>
		<category><![CDATA[LYNETTE WHITE]]></category>
		<category><![CDATA[MAGS GAVAN]]></category>
		<category><![CDATA[MICHAEL MANSFIELD QC]]></category>
		<category><![CDATA[Satish Sekar]]></category>
		<category><![CDATA[THE CARDIFF FIVE]]></category>
		<category><![CDATA[THE CARDIFF FIVE: INNOCENT BEYOND ANY DOUBT]]></category>
		<category><![CDATA[THE LYNETTE WHITE INQUIRY]]></category>
		<category><![CDATA[vindication]]></category>

		<guid isPermaLink="false">http://fittedin.org/fittedin/?p=669</guid>
		<description><![CDATA[Experts acknowledge the pivotal role that Satish Sekar, author of Fitted In: The Cardiff 3 and the Lynette White Inquiry and The Cardiff Five: Innocent Beyond Any Doubt played in the Lynette White Inquiry over twenty years. His latest book is hailed by experts...<br /><a class="read-more-button" href="https://fittedin.org/fittedin/?p=669">Read more</a>]]></description>
				<content:encoded><![CDATA[<p style="text-align: justify;" align="justify">Experts acknowledge the pivotal role that Satish Sekar, author of <em>Fitted In: The Cardiff 3 and the Lynette White Inquiry</em> and <em>The Cardiff Five: Innocent Beyond Any Doubt</em> played in the Lynette White Inquiry over twenty years. His latest book is hailed by experts as essential reading.</p>
<div align="justify">
<ul>
<li style="text-align: justify;">“This is one of the most important books ever written about criminal justice.It would be easy to confine my remarks to the Cardiff Five case but this would be a disservice to the thrust of this narrative as well as its author. If anyone wants to know what has been going on, and going wrong, over the past half century spanning my entire professional career, here it is. Written with spell-binding passion alongside meticulous research and observation, Satish Sekar has accomplished what few others have achieved. It is redolent of those magnificent French films starring Yves Montand where one man takes on the state in the pursuit of truth and justice – and succeeds.”</li>
</ul>
</div>
<p style="text-align: right;" align="right"><strong>Michael Mansfield QC</strong></p>
<p style="text-align: justify;" align="justify"><strong>The Fitted-In Project</strong> welcomes the publication of Satish Sekar’s new book <em>The Cardiff Five: Innocent Beyond Any Doubt</em>, which follows on from his first book <em>Fitted In: the Cardiff 3 and the Lynette White Inquiry</em>. Sekar’s analysis provides an exhaustive account of a vexed and unique case. His long awaited second book explains why this case rather than any other made history several times.</p>
<div align="justify">
<ul>
<li style="text-align: justify;">“The Lynette White murder case, with its long-drawn-out repercussions, has now become one of the most important in the entire history of British criminal justice. This is entirely because of the tireless work and extraordinary insight of Satish Sekar, who has fought for many years to achieve justice for all concerned.”</li>
</ul>
</div>
<p style="text-align: right;" align="right"><strong>Bob Woffinden (Author and journalist)</strong></p>
<p style="text-align: justify;" align="justify">It has taken 14 years for Sekar to produce another book. <em>The Cardiff Five: Innocent Beyond Any Doubt </em>published by Waterside Press has proved worth the wait and sadly necessary. Even now, with their innocence proven, an unjustified whispering campaign continues. This book demonstrates the innocence of the five accused men clearly.</p>
<div align="justify">
<ul>
<li style="text-align: justify;">“As the local MP I came to respect and admire his thoroughness and persistence and he also won the respect of senior police officers and others with a knowledge both of this individual case and the processes of criminal investigation whether in regard to the use of forensic evidence or in setting the criminal investigation process in the context of the individual experiences of those who were drawn into the courtroom events that followed. His contribution has been enormous.”</li>
</ul>
</div>
<p style="text-align: right;" align="right"><strong>Alun Michael JP, MP</strong></p>
<p style="text-align: justify;" align="justify">Sekar’s book shows how history was made several times. It details the concept of vindication – a concept developed by Sekar – arguing that it is the motor of change in the criminal justice system that resulted not only in the conviction of the real killer, Jeffrey Gafoor, but  a unique, but ultimately flawed investigation into what went wrong. Sekar points out that this obscured successes and prevented it from achieving its full potential.</p>
<div align="justify">
<ul>
<li style="text-align: justify;">“This is one of the most important books to have been written in the last decade on miscarriages of justice and everyone should read it. Satish Sekar has been one of the most dedicated opponents of miscarriages of justice for many years. His work has been invaluable. His persistence has also ensured that these issues have remained within the public eye. His constant fight for justice has led to some very important questions being asked and issues highlighted.”</li>
</ul>
</div>
<p style="text-align: right;" align="right"><strong>Mags Gavan</strong> (BAFTA award-winning film-maker)</p>
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