Jeremy
Bamber
IS
INNOCENT
IMPRISONED
FOR 29 YEARS FOR A CRIME HE COULD NOT HAVE COMMITTED
Find out more about why, visit
his official site and know the TRUTH
On the 28th of November 2012, the European Grand Chamber will hear the appeal against my whole life tariff along with two other cases, Vinter and Moore.
It is my position that the UK Government is in breach of Article 3 and article 5 (4) of the European Convention on Human Rights by imposing a whole life sentence without review, this amounts to ‘inhuman or degrading treatment or punishment.’ But what does this actually mean? In light of the January ruling that whole life tariff's are not in breach of human rights law, the only appropriate submission my legal team could make to the Grand Chamber is that there is no problem with a government applying a mandatory whole life sentence, but the breach of Human Rights Law lies within there being no mechanism for review of the prisoner’s whole life sentence. It is then asserted, (and it is also my particular view) that a whole life order then becomes parallel with a death sentence. To order someone to die is to permanently exclude them from society and it then follows that to sentence a person to whole life imprisonment is also permanent social exclusion. Social death is a dimension of the slavery which replaced death in Classical society, and was and still is intrinsically linked to loss of liberty. [1] As I have stated many times, I have been sentenced to death by old age. This leads us to the psychological state of those incarcerated for whole life without reviews. It has been clarified by psychologists including those assessing me that I am at continued risk of having depression brought about the prolonged environment of prison.[2] I am in total agreement about life without hope, after all hope is what keeps the human spirit alive and without hope there is nothing. For me, even with the insertion of a review there is still very little hope of release. If the Grand Chamber rule to allow me to have reviews there is no knowing at what point a review could be placed, it might be at 30 or 40 years into a sentence. As I have maintained innocence, there lies the other difficulty of reviewing my prison term in light of this. Because I have maintained innocence I have not taken part in any rehabilitation programmes and neither can I be viewed as a prisoner who has gained atonement. The judiciary and review boards see me as being in denial of guilt. So when the European Court of Human Rights ruled against my appeal at Strasbourg in Janurary 2012, the three dissenting judges emphasised that Article 3 was being infringed and their words rang true for me, “equally importantly depriving him of any hope for the future, however tenuous that hope may be.” Tenuous, really is how I feel about this ruling even if we win in the Grand Chamber. After this digression, nevertheless the argument my lawyers have put forward is that this treatment, taking into account psychological effects does amount to inhuman and degrading treatment. To this I have to agree wholeheartedly, respect for ‘hope’ an essential dimension of human dignity does underpin the protection of human rights. [3] In the USA and China the death penalty still exists in contrast to Canada where there is no death penalty and no whole life sentencing. The USA, similarly to England and Wales currently has the sentence of ‘Life Without Parole’ (LWOP) and in Florida the US Supreme Court commented broadly on the destructive impact of this sentence “It deprives the convict of the most basic liberties without giving hope of restoration.[4] If you have always felt that England and Wales are soft on sentencing then think again because the statistics show otherwise. The position is that all majority state parties of Europe rule that life sentences must have reviews.[5] Only England and Wales and Hungary have an authentically irreducible whole life sentence, England and Wales with almost 21 times more life sentenced prisoners than any other single European country and We currently have more whole life sentence prisoners than all of Europe put together. [6] The first whole life tariff in the UK was set in 1988, and in 2003 reviews at executive discretion for these prisoners was abolished (under a Labour government).[7] Although Scotland’s sentencing is generally similar to England and Wales their human rights laws were brought into line with Europe at the time of the devolution of powers.[8] Whole life tariff prisoners cannot be subject to a prerogative pardon. The only mechanism for release of a prisoner (other than to overturn their conviction) on a whole life sentence in England and Wales is granted in exceptional circumstances, where the prisoner is medically incapacitated with death to occur within 3 months and no life sentence prisoner has ever been released under this or any other power in England and Wales. This exception compounds the view that a whole life sentence is literally a death sentence.[9] As I am not guilty of the crimes I have been convicted of carrying out, where do I fit in all of this? Currently the only avenue to appeal is through the politically controlled quango of the Criminal Cases Review Commission. When this avenue is exhausted because the commission has usurped the role of the appeal courts and is in violation of the Criminal Appeals act 1995, and non disclosure of evidential materials still prevails, surely this is a violation of both Article 3 and 5(4) of European Human Rights Law, and should be taken into consideration when assessing whole life sentences. As crime is intrinsically tied to sentencing it is axiomatic that the problem of Miscarriage of Justice cases could be expanded within this framework simply because a Miscarriage of Justice in UK law does not allow for innocence but only a “miscarriage of due process.”[10] If we are to believe the statistics quoted by Dr Michael Naughton as opposed to the Government’s ‘massaged figures’ we face a very worrying situation indeed. Naughton reveals that there are no less than 18 convictions a day over turned in the UK which is an astonishing figure warranting a full review of the causes of wrongful convictions.[11] Indeed Naughton himself states: “miscarriages of justice as understood from the perspective of the legal system are not the exception to the rule, rather they are a routine and even mundane feature of the criminal justice process.”[12] It is of course, with my own conviction and these statistics in mind when I consider what a whole life sentence means to the individuals living a ‘social death’ as I do each day. But whatever happens on the 28th of November this year it will make little difference to my current life, release for me with my conviction intact means no life at all. There is only one freedom and one hope for me and that is that the truth of my innocence will be heard in a court of Law allowing me the liberty I have been fighting for.
[1] Patterson, O. Slavery and Social Death: A Comparative Study, Cambridge: Harvard University Press, 1982
[2] Dr Anderson Report, 2006
[3]“reintergrationist” versus “exclusionary” types of imprisonment, Dolovich, pg 13 & 122; Life Without Parole, Ed Ogletree and Sarat, NYU Press, 2012. Absence of a “dignity tradition” comparative study USA, Europe, pg 19 & 282-310, op cit.
[4]Graham v Florida 130, S.Ct. 2011, 2021 (2010) at 2027 & Naovarath v State, 105 Nev. 525, 526, 779 P.2d 944 (1989), at pg 4 &40
[5] http://treaties.un.org & UN report on Life Imprisonment (1994)
[6]Stats prisoners serving life or IPP http://www.justice.gov.uk/downloads/statistics/prison-probation/omsq/omsq-q1-2012.pdf, The Howard, Newsletter of the Howard League for Penal Reform, Summer 2009, http://www.coe.int/t/dghl/standardsetting/prisons/& Hansard, Baroness Stern at Col 448 http://www.publications.parliament.uk/
[7]Provisions of CJA 2003
[8]Convention rights (Compliance) (Scotland) Act 2001 c.7
[9]PSO, 4700, para, 12.2.1
[10]Naughton, M. Rethinking Miscarriages of Justice, 2012 edition, Palgrave, Basingstoke, pp 21-24
[11]Daily average in Crown Court, CACD (including referrals from the CCRC) and House of Lords, 18.21, op cit.
"At my trial Judge Drake gave a minimum tariff, and providing that during your jail you do nothing wrong that is how long you do. I was given 25 years. This was then sent to the Lord Chief Justice to be rubber stamped. Lord Lane said he agreed with the 25 year tariff.
So as far as I was concerned I had to serve 25 years and I’d be let out on parole to serve my life license outside. Very few lifers are kept in forever. When I got my life sentence most lifers then were serving between 8 and 12 years, so 25 years was massive. Eight years into my sentence I was called up to the psychology office in Long Lartin, about 8 different people were there and it was very odd. The number one Governor said ‘I don’t know how to break this to you but Doulglass Hurd, (who was Secretary for State at the time) has ruled that you must die in jail.’ I appealed this ruling last year and I knew that the appeal court would not act on this as it was too political so they kicked it up the line to The European Court who have now agreed to prioritise my case. This ruling will just confirm how cruel the authorities are telling a man he is to die in jail as hope is what keeps the human spirit alive – without hope there is nothing. It is only because I am strong that I can and could see beyond the action of Michael Howard (Home Secretary at the time who wrote to notify me) in telling me my last breath would be staring at a prison door".
See the blog by Jeremy on the ruling that his original sentence no longer stands and that the whole life tariff imposed after his sentence was set has not been overturned by the European Court of Human Rights. Jeremy intends to take the appeal to the Grand Chamber of the European Court.
'The enormity of the universe can make us feel so small but there is nothing greater than our own capacity to endure.' Jeremy Bamber September, 2012
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1. The sound moderator: (sometimes referred to as a silencer).
The trial judge told the jury repeatedly in his summing up that they could convict Jeremy Bamber on the evidence of the sound moderator alone, for two reasons:
· Because it contained traces of the blood enzyme (AK-1) found to be in Sheila’s blood · Because there were flakes of red paint adhering to the end. The judge said that “it was inconceivable that Sheila would use the moderator during part of the tragedy and then take if off and put it in the gun cupboard where it was later found. He also said that the red paint was proof that the moderator was attached to the rifle during the incident. “On that fact alone you could convict” he said. The moderator did not “connect” Jeremy with the deaths of his family, it merely meant that if it was on the rifle when Sheila suffered her injuries, then she did not commit suicide. At the 2002 appeal, forensic scientists testified that none of Sheila’s DNA was present either inside or outside the moderator, but the court found that there were possible contamination issues relating to DNA testing and the moderator, and accordingly this appeal point was lost. 2. New forensic evidence from American expert Dr Fowler, ( plus two peer reviewers) found that the fatal gun shot wound to Sheila’s neck was a contact wound. This wound was caused when the end of the rifle’s barrel was in contact with her skin, and not caused by the end of the moderator as the court was told. Dr Fowler’s evidence has been confirmed through experimentation by ballistics expert Mr Philip Boyce. The CCRC reject this evidence from four credible experts stating that their conclusions are “speculation” and incapable of forming a ground of appeal. 3. Burn marks to Nevill Bamber’s back. The judge said in his summing up that it was “a fact” that the moderator was on the rifle in the kitchen. New evidence from Dr Caruso, a leading burns specialist confirms that Nevill’s burn injuries were made by the end of the rifle’s barrel. They were not made by the end of the moderator. Forensic tests and experiments have been carried out by ballistic expert Mr Philip Boyce which has confirmed the conclusions of Dr Caruso. Scientific evidence from five credible experts makes it very unlikely that the moderator was on the rifle during this tragic incident. Evidence strongly suggests that Nevill was burnt with the end of the rifle’s barrel either after death or when he was completely incapacitated. In 2011 the defence discovered that Essex Police had instructed Mr Fletcher (pre-trial) to test whether the burns to Nevill’s back were caused by the end of the rifle’s barrel, or the end of the moderator. It was suggested that he used pig skin for these experiments. The results from Mr Fletcher’s tests have never been disclosed. 4. Scratch marks under the red painted kitchen mantle shelf correspond to the red paint found adhering to the end of the moderator. In light of Dr Caruso’s evidence, Dr Fowler’s evidence and newly disclosed photographs it is reasonable to question the scratch mark evidence afresh. It is also known that more than one moderator features in this case. Evidence now shows that there are five or possibly six moderators in total. Essex Police maintain that there is only a single moderator associated with this case, which oddly has at least three different forensic reference numbers, DB-1, SBJ-1 and DRB-1, and two case numbers, SC688-85 and SC786-85. The moderator was also noticed to be visually different each time it was forensically examined. During a post trial investigation, two of the Crown’s forensic scientists discovered that Essex Police had altered the moderator’s exhibit reference numbers in the witness statements without their permission or knowledge. The City of London Police concluded in their final report that the changes of exhibit reference numbers relating to the moderator was an administrative error, and a need to change DB-1 to DRB-1. The CCRC concluded that this explanation was perfectly acceptable. Both the City of London Police and the CCRC fail to explain why it was necessary to alter the moderator’s original and unique exhibit reference number, and the case number once one had been allocated to it. “Administrative error” is not applicable as a possible defence in this instance. Accordingly an adverse inference can be drawn over Essex Police altering statements without the knowledge or permission of these two forensic scientists, unless that is, a credible explanation for this is given to explain matters further. 5. Scratch marks which appear in photographs taken on 12th September 1985 of the red painted Aga surround, are not present in photographs taken on 7th August 1985, of the same Aga surround. Peter Sutherst a leading photometrist confirmed this, but his conclusions were challenged by Mr Andy Laws of LGC Forensic, as being inconclusive. To resolve matters, accurate measurements would be required from the kitchen of White House Farm. The CCRC failed to resolve this issue by not instructing Mr Laws to carry out these measurements, (accompanied by Mr Sutherst) so this issue remains unresolved. In July 2011 the CCRC finally disclosed to the defence for the first time, 402 photographic negatives that supposedly accounted for all the photographs taken by the police in this case. Oddly 77 photographic frames have been cut from these 63 rolls of film. The CCRC accept the explanation given by Essex Police that unused frames at the end of a roll of film would be cut off routinely. DC Bird, the photographer was surprised by this explanation. The CCRC have failed to address the fact that some of these strips of negatives are missing up to eight frames at the beginning of these films, which is not explained by stating that they were removed because they were unused. All of these 402 negatives have now been scanned at high resolution enlarging kitchen photographs taken on 12th September 1985. It shows that the Aga surround was scratched and gouged during the taking of these photographs. An explanation was sought from both Essex Police and the CCRC about how the red painted Aga surround came to be scratched and gouged on 12th September 1985. A complaint about this scratch mark issue has also been made to the IPCC, who granted dispensation to Essex Police so this matter has yet to be investigated. Fresh evidence from Dr Caruso and Dr Fowler now shows that the trial judge was quite wrong to tell the jury that it was “a fact” that the moderator was on the rifle during this incident. Expert scientific analysis of the same evidence used by the Crown’s experts at trial proves that the jury was misled over the sound moderator evidence. Mr Philip Boyce has carried out numerous forensic experiments confirming that Dr Caruso and Dr Fowler’s conclusions are correct, and Dr Fowler’s work has been peer reviewed twice, by credible experts, who agree with his findings. The CCRC are wrong to dismiss the evidence from five very eminent scientists as no more than “speculation,” without experts of their own confirming this with their own findings. To date the evidence of Dr Fowler and Dr Caruso remains unchallenged. |
At trial the prosecution had to overcome the problem that no-one saw anyone on the roads or paths that night who fitted Jeremy’s description. Police accounted for every section of roads and paths, interviewing over 500 people in a determined effort to place Jeremy between the two houses. Neighbours had seen Jeremy’s car outside his house all night. The investigation had been fruitless. This factor coupled with the absence of any evidence linking Jeremy to the scene so the prosecution had to be more creative in their thinking.
The Prosecution’s case was that Jeremy Bamber had left his house in Head Street, Goldhanger and walked to White House Farm after 12pm to carry out the killings. In a fantastic story unsupported by evidence, he allegedly walked the route across farm land to White House Farm to murder his family. He broke into the house through a window (even though there was no evidence of a forced entry and the doors were locked and bolted from the inside). It is then alleged that after carrying out the killings he used his mothers bicycle to return to his home across farmland in the pitch black of night. The police forensically tested the bicycle and found there to be no blood or forensic evidence linking Jeremy to the crime in any way. The bicycle belonged to Jeremy's mother but had had been brought to Jeremy’s house for Julie Mugford to use so that she could cycle from Goldhanger to Toleshunt D'arcy, leaving the bike at the Red Lion Pub. She would then get the Osbourne's bus which runs from Tollesbury to Colchester.
A police officer gave evidence of timings between the two houses using farmland routes. The journeys were not replicated at night time as Jeremy Bamber is alleged to have done, neither were they carried out by a man of the same weight, height and build as Jeremy. The accuracy of the tests is highly debatable. Remember, Jeremy Bamber, nor anyone meeting his description was seen on any of the routes by anyone that night, his car remained at his house in Goldhanger until he drove to White House Farm to meet police.
Extracts from the police officer’s statement.
“With the aid of these maps I measured the distance, using a pedometer, from White House Farm to 9 Head Street, Goldhanger, via the farm track and sea wall. This route measured 6,978 metres and at a brisk walk took 70 minutes to complete. I subsequently cycled this route in 35 minutes.
I then measured the distance, using a pedometer, from 9 Head Street, Goldhanger to Brook House Farm track at its junction with Maldon Road via Church Street and the B1026. This route measured 2895 metres and at a brisk walk took 28 minutes to complete. I subsequently cycled this route in 10 minutes.
I then measured the distance, using a pedometer, from Brook House Farm Track at its junction with Maldon Road to White House Farm via B1026 and B1023. This route measured 3290 metres and at a brisk walk took 30 minutes to complete. I subsequently cycled this route in 12 minutes.
I then measured the distance, with a pedometer, from White House Farm to Maldon Road via Brook House Farm track. This route measured 1629 metres and at a brisk walk took 17 minutes to complete. This track is well maintained, clearly defined, and easily negotiable by foot, cycle or motor vehicle. I subsequently cycled this route in 6 minutes.
There are footpaths marked on the Ordnance Survey map which seem to link White House Farm and Goldhanger in a direct manner via Joyces Farm and Lauriston Farm. However I have attempted to negotiate these footpaths but without success. The paths go directly across ploughed fields or cultivated crops or peter out on the banks of small streams and irrigation canals.
In my opinion the shortest practicable route between White House Farm and Goldhanger without using main roads is via the sea wall. However, the shortest and quickest practicable route between White House Farm and Goldhanger by foot, cycle or motor vehicle is by using Brook House Farm track and the B1026. This route is 1661 metres less than going through Tolleshunt D'Arcy.”
The routes detailed here mostly involve going on a road, and yet no one saw anything. The footpaths away from the road were not negotiable. The sea wall is a narrow route with a drop into water on one side. Is it realistic to believe that Jeremy Bamber mounted a ladies bicycle and cycled across routes that were partly overgrown and he did all this in the pitch black in a matter of minutes?
Jeremy Bamber detailed television programmes that he watched before he went to sleep and these were accurate, the police checked his video tapes to see if he had recorded them and watched them later but there were no such recordings made by Jeremy Bamber and that’s because he watched the T.V programmes just as he said and went to sleep where he stayed until his father called him. The story of a bicycle journey across farmland is a ridiculous and exaggerated story invented by the prosecution, fed to them by the suggestions of Robert Boutflour and Ann Eaton who benefitted from Jeremy’s conviction. Evidence which alleged that someone other than Sheila had carried out the killings was found by his relatives. To find out more read Jeremy’s interview with The Times here.
Oh. Now thoroughly clean the cycle so that not one of your fingerprints or fibres from your clothing or shoes or hair or any of your forensic evidence remains.... Attrib:http://www.jeremy-bamber.co.uk/ |
In
November 1986 after the trial of Jeremy Bamber the trial Judge Mr Justice
Drake ordered an enquiry into the conduct of Esssex Police. The investigation
was directed by the Chief Constable, Mr Robert Bunyard. The review was
conducted by Detective Chief Superintendent Dickinson of Essex Police
assisted by DI Storey.
This
investigation consisted of interviews with Police officers and witnesses but
no statements were taken although statements and other material submissions
from pre-trial were used during the enquiry. It was also noted that the
papers available did not include any written records of the original senior
investigating officer DCI Thomas Jones who died in a tragic accident at his
home on 11th May 1986.
The
Dickinson report was an account which relied heavily on the accounts of
Jeremy Bamber’s relatives and in particular his uncle Robert Boutflour. The
final report does not accurately reflect events which were uncovered by
Dickinson and Storey. It is only post 2002 appeal that extensive handwritten
accounts of interviews have been disclosed to the defence.
Missing
from the Defence copies were the interviews of Julie Mugford and her mother
Mary Mugford. In addition to this many of the senior police officer’s
interviews are also missing.
Overall the review inaccurately drew on accounts which contradict the original statements of witnesses and even contradicted court testimony. It also presented Jeremy Bamber in a biased way using the accounts of Julie Mugford and Robert Boutflour to provide a complete character assassination of Jeremy presented as a money hungry sexual predator who was also engaged in “unsavoury homosexual activities”.
At the
end of the report DCI Dickinson concluded that the most senior investigating
officer had not visited the scene until after the bodies had been disturbed.
He also found that owing to a "shortage of resources," senior
officers DCI Jones, DI Cook and DI Montgomery had failed to request that a pathologist and ballistics expert attend the
scene with the bodies in situ. Recommendations were made pertaining to these
points and also included issues of training and force communication with
other police sources.
DCI
Dickinson would have us believe that Jeremy Bamber was so sophisticated that
he managed to fool a large number of senior and junior police officers at the
scene and later a pathologist and ballistics expert. We put it that it is
highly unlikely and improbable that experienced police officers attending
such a tragic scene would have ignored key evidence if they had not been 100%
convinced that Sheila Caffell had killed the family.
In 2002
the appeal court judges placed little significance on any of the Dickinson
report referred to by the Defence including the issue of inheritance an area
which has developed further in light of evidence disclosed since the 2002
appeal which brings into question the credibility of key prosecution
witnesses in particular that of Robert Boutflour.
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