The quest for justice
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Hello Satish, I broadcasted extracts of our conversations on 10th February after the announcement that Teresa May was proposing yet another toothless enquiry. How much has all this cost now? May I say that it your new book makes interesting reading, is clear and written in simple language that any person can comprehend. Should be on all Media and criminology Students reading lists. More extracts of our interview are available on Radio Cardiff’s website very soon. Regards Georgina
Thank you Georgina. Hopefully the book can make a difference. We will respond to the latest damage limitation exercise in due course. Look out for our forthcoming vindication articles on the incredible and shameful travesty of justice suffered by our committee member and a man I am honoured to count a dear friend Mpagi Edward Edmary. His story beggars belief literally. He and the late Fred Masembe were sent to death row for murder. He languished there for 18 years. He was released because it was proved that the alleged murder victim was in fact alive! Mpagi is an inspiration. See his story on our Supporters page.
I am currently fighting to clear my name after serving half of a nine year sentence for causing death by careless driving whilst over the prescribed limit.
The police failed to give the pathologist a copy of their accident investigation report which is unequivocal in stating that the deceased was lying on the road at the time of initial impact:
Devon & Cornwall Collision Investigation Unit report produced by MPC 3231 Phelp which states:
6.1 “The lack of any substantial damage…… indicates that the collision occurred at low speed. The lack of any sharp angular damage was consistent with a soft body impact…… The damage to the front valance was consistent with being caused by a body in a prone position on the road. Had the pedestrian been standing or even seated/kneeling, I would have expected to see similar soft intrusion and marks immediately above the valance and on to the bumper assembly and bonnet…… “.
Instead the coroner was left to base his findings on the false premise of form 95a which accompanied the body to the mortuary:
1. Form 95a (verbatim)
Very little PMH as she was in physical good health, however she was currently prescribed Fluoxetine for depression following the death of her son 4 years ago. She last saw a Dr on 3/7/08 re a referral to a gynaecologist for a rectocele but also to discuss her alcohol intake which had increased recently to 2 bottles a night. Her son had recently moved in with her in an attempt to get this under control.
From information available at this time it would appear that on the evening of 5.7.08, the deceased had been drinking with 2 friends in a local pub following which they left on foot to walk home. At approx 0050 hrs whilst they were standing on the road in the vicinity of the Clinton Arms a red Rover collided with the group of women. The deceased was then dragged along the road by the car for a distance of 250 yrds before coming to a halt at a dip in the road, the driver of the car then fled the scene on foot and was later arrested by Police.
Amb[ulance] and police attended the scene at which time her death was recognized.
Ironically the Pathologist was Dr Gyan Fernando, who has posted on your site. I have been unable to contact him as he retired to Sri Lanka, I believe.
I was not able to question him at trial as, although CPS assured me of his attendence just four days before the trial: he did not attend.
FOI requests have shown that CPS had no pre trial contact with Dr Fernando and he was never warned to attend court.
By failing to provide Pathologists Dr Gyan Fernando, and Dr John Delaney with a copy of the Devon and Cornwall Constabulary Serious Collision Investigation Unit report into the Death of Susan Dare, Officers of the Devon and Cornwall Constabulary did, commit an offence contrary to Schedule 6, Part 2, paragraph 7 (1) and/or (2) of the Coroners and Justice Act 2009 which states:
7 (1) It is an offence for a person to do anything that is intended to have the effect of –
(a) Distorting or otherwise altering any evidence, document or other thing that is given, produced or provided for an investigation under this Part of this Act, or
(b) Preventing any evidence, document or other thing from being given, produced or provided for the purpose of such an investigation, or do anything that the person knows or believes is likely to have that effect.
(2) It is an offence for a person –
(a) Intentionally to suppress or conceal a document that is, and that the person knows or believes to be, a relevant document, or
(b) Intentionally to alter or destroy such a document.
(3) For the purposes of sub-paragraph (2) a document is a “relevant document” if it is likely that a person conducting an investigation under this Part of this Act would (if aware of its existence) wish to be provided with it.
It is inconceivable that Senior Investigating Officer Sgt3413 Nick Fenner was not aware of the relevance of this document. The ramifications of his actions and inaction were immense.
I respectfully refer you to:
Archbold 2011 10-66 para 3.
‘Before a court can assess the value of an opinion it must know the facts upon which it is based. If the expert was misinformed, or has taken irrelevant facts into consideration, or has failed to consider relevant ones, the opinion is likely to be valueless.’
The police and IPCC have refused to investigate.
Would you be interested in taking a closer look at my case? I have all the pre trial papers.
As we have made very clear on the site we do not provide free consultancy work. We only do it to help fund our projects. I am currently researching and completing at least three books/pamphlets. If you want us to provide consultancy on this, please check our policies on this first.
I have a few ideas about how to obtain further funding for the FIP.
When can we meet to discuss?
It was a pleasure to meet you and discuss your ideas to move FIP forward.
Dear Dr Satish
This e mail might look extraordinary to you as it is out ofcontext but just to trace Dr Gyan Fernando with whom I studied since childhood in college but not in contact since then may be for over 50 years.I found his name in the net and found your contact.Currently I am a resident of Kuala Lumpur Malaysia.Can you pass this message to him as I am sending this just to say ‘Hi’
Hope you will be kind enough to send this through to him
I’ll check if I have any contact details, but I haven’t been in touch with him for ages.
Sorry I cannot find anyy contact details. Try Devon and Cornwall Police. I believe he did some work with them, or perhaps INQUEST may have his details.
I understand that Dr Fernando retired to Sri Lanka. I am currently trying to find contact details.
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