{"id":189,"date":"2014-09-22T12:37:02","date_gmt":"2014-09-22T12:37:02","guid":{"rendered":"http:\/\/fittedin.org\/fittedin\/?p=108"},"modified":"2020-03-14T19:49:52","modified_gmt":"2020-03-14T19:49:52","slug":"an-exceptional-injustice-part-5","status":"publish","type":"post","link":"https:\/\/fittedin.org\/fittedinwp\/2014\/09\/22\/an-exceptional-injustice-part-5\/","title":{"rendered":"An Exceptional Injustice (Part 5) \u2013 Justice Denied"},"content":{"rendered":"<h4 style=\"text-align: justify;\"><b>Injury to Insult<\/b><\/h4>\n<p style=\"text-align: justify;\">Four months after the New Cardiff Three were sent to jail \u2013 the second miscarriage of justice in the same case \u2013 the Crown Prosecution Service\u2019s Special Crimes Department announced that 13 police officers \u2013 three of whom were still serving at the time \u2013 would face trial for conspiracy to pervert the course of justice. Rachel O\u2019Brien was found to be medically unfit to stand trial. Two further witnesses, Ian Massey and Violet Perriam, were charged with two counts of perjury.<\/p>\n<p style=\"text-align: justify;\">The trials were severed \u2013 Wayne Pugh, John Murray, John Bryan Gillard and Stephen Hicks were due to be tried in 2012, but thanks to the deeply flawed reasoning of the Crown Prosecution Service (CPS) that trial would never take place. The whole process was fatally flawed. It was set up to fail and did.<\/p>\n<p style=\"text-align: justify;\"><a href=\"http:\/\/fittedin.org\/fittedin\/wp-content\/uploads\/2014\/09\/CIMG0444.jpg\"><img loading=\"lazy\" class=\"size-medium wp-image-531 aligncenter\" src=\"http:\/\/fittedin.org\/fittedin\/wp-content\/uploads\/2014\/09\/CIMG0444-300x225.jpg\" alt=\"CIMG0444\" width=\"300\" height=\"225\" \/><\/a><\/p>\n<p style=\"text-align: justify;\">The Police Corruption Trial as it was called did not start for two years. Graham Mouncher, Richard Powell and Thomas Page were the most senior officers to be defendants in that trial. The other police defendants were John Seaford, Peter Greenwood, Paul Stephen, Paul Jennings and Michael Daniels.<\/p>\n<p style=\"text-align: justify;\">The trial of eight police and the two witnesses began on July 4th 2011 \u2013 eight years to the day after Jeffrey Gafoor\u2019s guilty plea made this process necessary. The defence outrageously claimed that the Cardiff Five were actually guilty of Lynette\u2019s White Sadistic murder despite their vindication. The trial judge (Mr Justice Sweeney) allowed this in spite of evidence proving them innocent.<\/p>\n<p style=\"text-align: justify;\">Almost 20 years earlier the Court of Appeal, headed by the then Lord Chief Justice, Lord Taylor did not want to hear evidence relating to the prime suspect Mr X, because there wasn\u2019t evidence proving him guilty. The CPS had credible evidence available that destroyed the credibility of this outrageous defence. Professor Dave Barclay had reviewed the scientific evidence and concluded that it amply demonstrated that it was scientifically ludicrous to claim that five men and between two to four alleged eyewitnesses had been present when Lynette was murdered. Barclay explains his reasoning in my second book <strong>The Cardiff Five: Innocent Beyond Any Doubt<\/strong>.<\/p>\n<p style=\"text-align: justify;\"><a href=\"http:\/\/fittedin.org\/fittedin\/wp-content\/uploads\/2014\/09\/CIMG2241.jpg\"><img loading=\"lazy\" class=\"size-medium wp-image-225 aligncenter\" src=\"http:\/\/fittedin.org\/fittedin\/wp-content\/uploads\/2014\/09\/CIMG2241-200x300.jpg\" alt=\"CIMG2241\" width=\"200\" height=\"300\" \/><\/a><\/p>\n<p style=\"text-align: justify;\">The attempt to establish what had gone wrong ended unsatisfactorily as the court was wrongly assured that documents had been deliberately shredded. In fact, they had not been. On December 1st 2011 the trial in Swansea Crown Court collapsed.<\/p>\n<h4 style=\"text-align: justify;\"><strong>Unfinished Business<\/strong><\/h4>\n<p style=\"text-align: justify;\"><a href=\"http:\/\/fittedin.org\/fittedin\/wp-content\/uploads\/2014\/09\/CIMG04471-e1415309014280.jpg\"><img loading=\"lazy\" class=\"size-medium wp-image-532 aligncenter\" src=\"http:\/\/fittedin.org\/fittedin\/wp-content\/uploads\/2014\/09\/CIMG04471-e1415309014280-225x300.jpg\" alt=\"CIMG0447\" width=\"225\" height=\"300\" \/><\/a><\/p>\n<p style=\"text-align: justify;\">The attempt to put right what South Wales Police had got wrong had ended in abject failure. It raised issues of whether police, especially the same force that had got it wrong, could ever be relied on to put things right. Regardless of whether this was a sincere attempt to do that or not, it ended in failure and police procedures undoubtedly played a part. We observed this and the developments that followed with concern.<\/p>\n<p style=\"text-align: justify;\">Unusually in a trial process, there was a rush to acquit. Documents had allegedly been shredded, but there was no actual proof that they had been when the trial collapsed. It relied on the vague recollections of a police officer \u2013 the Disclosure Officer \u2013 and his hearsay assurances to another officer that this had been done.<\/p>\n<p style=\"text-align: justify;\"><a href=\"http:\/\/fittedin.org\/fittedin\/wp-content\/uploads\/2014\/09\/9781904380764_t150.gif\"><img loading=\"lazy\" class=\"size-full wp-image-226 aligncenter\" src=\"http:\/\/fittedin.org\/fittedin\/wp-content\/uploads\/2014\/09\/9781904380764_t150.gif\" alt=\"9781904380764_t150\" width=\"150\" height=\"226\" \/><\/a><\/p>\n<p style=\"text-align: justify;\">Those assurances were taken at face value and the CPS threw in the towel without even establishing that this had definitely happened. It would later emerge that nothing of the sort had happened. However, the CPS had made a mockery of disclosure obligations despite being aware that this would be the defence strategy.<\/p>\n<p style=\"text-align: justify;\">After Sweeney had acquitted all the defendants, including those due to stand trial later, the allegedly shredded documents turned up in the possession of South Wales Police in the very boxes that they had been sent in. It was far too late, but it proved one thing beyond doubt \u2013 the criminal justice system is incapable of puting right what it got wrong in miscarriage of justice cases and should never be trusted to attempt to do so again.<\/p>\n<p style=\"text-align: justify;\">Continue to<a title=\"An Exceptional Injustice (Part 6)\" href=\"https:\/\/fittedin.org\/fittedinwp\/2014\/09\/22\/an-exceptional-injustice-part-6\"> Exceptional Injustice P.6<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Injury to Insult Four months after the New Cardiff Three were sent to jail \u2013 the second miscarriage of justice<span class=\"excerpt-hellip\"> [\u2026]<\/span><\/p>\n","protected":false},"author":2,"featured_media":1669,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[19],"tags":[],"_links":{"self":[{"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/posts\/189"}],"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=189"}],"version-history":[{"count":3,"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/posts\/189\/revisions"}],"predecessor-version":[{"id":1689,"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/posts\/189\/revisions\/1689"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/media\/1669"}],"wp:attachment":[{"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/media?parent=189"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/categories?post=189"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fittedin.org\/fittedinwp\/wp-json\/wp\/v2\/tags?post=189"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}