by Satish Sekar \u00a9 Satish Sekar November 19th 2006 (updated May 10th 2022)<\/p>\n
Not Worthy<\/strong><\/p>\n Neil Sayers\u2019 case was one of those that were not deemed worthy of further investigation by the CCRC. The disgraced forensic pathologist Dr Michael Heath was the Crown\u2019s expert against him. Despite their conclusions there are important causes for concern over Heath\u2019s involvement in Sayers\u2019 case that the Criminal Cases Review Commission (CCRC) did not consider in David Jessel\u2019s review.<\/p>\n In April 1999 Sayers was convicted with Graham Wallis of the May 1998 murder of his friend Russell Crookes. Wallis pleaded guilty, but blamed Sayers for the murder. Leading solicitor Steven Bird represents Sayers now and the CCRC informed him that the review of Heath\u2019s cases had special regard for cases in which medical evidence was critical to the conviction, which did not apply to Sayers\u2019 case and that Sayers\u2019 previous application to the CCRC only argued that there was no forensic evidence linking him to the crime itself and that consequently the CCRC thought that any challenge to Heath\u2019s evidence in Sayers\u2019 case would be incorrect.<\/p>\n Disputed<\/strong><\/p>\n \u201cMy son is innocent,\u201d said Richard Sayers, \u201cbut he has remained in prison for almost nine years, maintaining his innocence throughout that time. The CCRC has said that they had special regard for cases where medical evidence was critical to the conviction. Neil\u2019s case does not fit that criterion, but there are still issues that deserve to be investigated.\u201d<\/p>\n Dr Heath took maggot samples from the body, but those maggots were not examined for five years. It remains unclear if Heath even advised police to consult an experienced forensic entomologist. The maggots represented the best possibility of establishing when death occurred \u2013 a vital issue in the case. Dr Heath also implied that the partial burning of the body had caused extensive fire-damage. Extensive compared to what? There is considerable evidence to suggest that this was not a fire that had caused extensive fire-damage, but as would be expected the damage on the surface of the body closest to the flames was far more extensive than the rest of the body. In fact, any competent post-mortem analysis cannot fail to observe that large parts of flesh were not fire-damaged at all, let alone extensively fire-damaged. Consequently, Heath\u2019s conclusions led to errors in the interpretation of fire-related evidence, which was another issue of vital importance in this case. Heath\u2019s role in these aspects of Sayers\u2019 case was never considered in the review. It also mangled the forensic entomolgy evidence.<\/p>\n Sayers\u2019 mother Angela shared her husband\u2019s concerns. \u201cWe strongly believe that more extensive investigation of the pathology-related issues could discredit Wallis\u2019 claims,\u201d says Mrs Sayers. \u201cBy not looking into all of those issues in my son\u2019s case, the CCRC are causing innocent people like my Neil, to remain behind bars when thorough investigation of these issues could prove his innocence and this may have happened in other cases as well.\u201d<\/p>\n A previous application to the CCRC by solicitors who no longer act for Sayers failed to highlight scientific issues that legal experts say are at the heart of Sayers\u2019 case. \u201cIt has been explained to us by experts that the scientific issues in Neil Sayers\u2019 case have not been investigated as they could and should have been,\u201d said Trevor Vallens, Vice-Chair of Kent Against Injustice (KAI), a campaigning group that supports the families of prisoners protesting their innocence.<\/p>\n Interest<\/strong><\/p>\n His case has also attracted the interest of Dr Michael Naughton, a lecturer at Bristol University who founded the Innocence Network UK and the first innocence project in the UK. \u201cIf the complaints made by Neil Sayers\u2019 parents are correct, it seems that the CCRC may have been premature in its decision not to investigate Dr Heath\u2019s involvement in Sayers\u2019 case more fully,\u201d said Dr Naughton. \u201cIf the CCRC truly wanted to act in the interests of justice, a wider interrogation of other available scientific evidence would have been appropriate before reaching its conclusions.\u201d<\/p>\n KAI has supported Sayers\u2019 family for several years. \u201cAs a result of what the experts have told us, we believe that Dr Heath\u2019s conduct effectively prevented Neil from proving his innocence, because it prevented adequate use of other scientific techniques that may have provided vital evidence for him,\u201d said Mr Vallens, but Sayers\u2019 case is not the only case involving Heath that KAI campaigns about.<\/p>\n It also supports Michael Stone who was convicted of the 1996 murders of Lyn and Megan Russell and the attempted murder of Josie Russell. Stone has always protested his innocence. His case arrived at the CCRC just as the Heath investigation was winding down. It was wrongly reported in some media that it would be one of the cases to be investigated further.<\/p>\n \u201cThe case against Mick has collapsed,\u201d said Stone\u2019s sister, Barbara, \u201cbut even if the CCRC had considered his case in their review of Heath, it would have been rejected because Heath\u2019s evidence against him was not critical. However, if it can be relied on that would support our belief that his DNA should have been found on the bootlace if he was guilty.\u201d<\/p>\n Stone\u2019s DNA has not been found on any items from the crime scene and nor have his fingerprints, yet both DNA profiles and fingerprints have been discovered on vital samples from the crime scene, which remain to be identified.<\/p>\n Concerns<\/strong><\/p>\n The Attorney General recently declined to investigate all of Heath\u2019s cases as he thought the CCRC\u2019s investigation would suffice. Only cases where medical evidence was critical to the conviction were given special regard in determining which cases should be looked into further. Why?<\/p>\n \u201cIf the complaints made by the families of Michael Stone and Neil Sayers are justified, then the CCRC\u2019s review appears to be extremely limited,\u201d said Dr Naughton. \u201cThere is other evidence in both cases, but there are also good reasons to question the truthfulness of that evidence as well. This may have happened in other cases too and the CCRC could be responsible for leaving potentially innocent people in prison.\u201d<\/p>\n There are other reasons to examine Heath\u2019s involvement in these cases as well. \u201cWe had hoped that the CCRC\u2019s review of Dr Heath\u2019s conduct would help to prove the innocence of Michael and Neil,\u201d said Mr Vallens. \u201cThere were two previous cases in Kent where courts rejected Heath\u2019s evidence, yet the CCRC will not confirm if they considered the impact of those cases on Neil and Michael\u2019s cases. Why not?\u201d<\/p>\n Track Record<\/strong><\/p>\n Two of the eight proven cases were ones that had been referred back for appeal by the CCRC. In his book Trial and Error, Jessel strongly criticised the standard of Heath\u2019s work in Sheila Bowler\u2019s case. Mrs Bowler was subsequently acquitted after a retrial. The murder convictions of Victor Boreman, Malcolm Byrne and Michael Byrne were quashed as Heath\u2019s tribunal opened due to the poor quality of Heath\u2019s work. It had been referred back for appeal by the CCRC for that reason. \u201cAll of Heath\u2019s cases should be investigated thoroughly,\u201d said Boreman. \u201cI cannot understand why the CCRC will not confirm if their investigation of Heath looked at the facts of my case and how similar they might have been to other cases when considering which cases should be looked into further.<\/p>\n Meanwhile, there has been no investigation of whether the facts of the other proven cases could have provided grounds of appeal in the forty-six cases that were not deemed worthy of further investigation as a result of the CCRC\u2019s review of Heath\u2019s involvement in those cases.<\/p>\n “If true, it is alarming that eight proven cases which go beyond professional disagreement were not looked into by the CCRC,\u201d said Dr Naughton. \u201cIt is at least possible that of the cases that the CCRC, allegedly, decided did not require further examination at least one of them has similar facts to one or more of the eight proven cases, rather than to Fraser or Puaca. As such, it is possible that potentially innocent people are languishing in prison because the CCRC\u2019s investigation did not consider the impact of those cases. If they have considered them specifically, they should simply say so. We had to set up the Innocence Network UK because the CCRC does not investigate the possibility of innocence properly. The way they are claimed to have handled the Heath investigation shows why Innocence Projects are necessary. No stone should be left unturned in the pursuit of justice.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":" by Satish Sekar \u00a9 Satish Sekar November 19th 2006 (updated May 10th 2022) Not Worthy Neil Sayers\u2019 case was one [\u2026]<\/span><\/p>\n","protected":false},"author":2,"featured_media":1888,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[19],"tags":[394,270,368,316,395,396,328,397,398,323,399,400,324,327,401,402,385,403],"_links":{"self":[{"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/posts\/1281"}],"collection":[{"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/comments?post=1281"}],"version-history":[{"count":2,"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/posts\/1281\/revisions"}],"predecessor-version":[{"id":2383,"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/posts\/1281\/revisions\/2383"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/media\/1888"}],"wp:attachment":[{"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/media?parent=1281"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/categories?post=1281"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/tags?post=1281"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}