To corrupt evidence.....
A)
In
1991, the City of London Police (COLP) were requested by JEREMY BAMBER to
investigate the following issues:
‘Allegation One’: that there was no Exhibit Label for the sound moderator SBJ/1 from the
original Police investigation, case number SC/688/85, when it was tendered in
Court.
‘Allegation Five’: that Essex Police failed to investigate whether the sound moderator
tendered in evidence at trial was the moderator bought for the murder weapon.
B)
On
completion of the COLP enquiry two reports were produced. The published report
concluded there was no case to answer to any of the complaints made by JEREMY
BAMBER against Essex Police. While the
undisclosed confidential report found as fact that fabricated evidence had been
adduced to impugn the credibility of Jeremy Bamber thus resulting in a guilty
verdict at his trial in 1986.
The
Evidence
1) That an Essex Police Officer,
probably DS 21 Stanley Brian Jones, seized a sound moderator SBJ/1 from the gun
cupboard at White House Farm (WHF) on 7th August 1985.
2) Indeed this is corroborated by
Assistant Chief Constable (ACC) PETER SIMPSON stating in a press conference and
reported in ‘The Echo’ dated 17th September 1985,
‘A silencer was found at the White
House Farm on the day of the killings, but this does not have to mean anything
suspicious.’ (See
Material Exhibits File News clippings)
3) And yet in a letter, dated 18th
July 2002, from the Crown Prosecution Service (CPS) to Glaisyers Solicitors,
PAUL CLOSE states that the beginning of the audio tape in question as to the
above interview has a considerable section of the tape missing, when Essex
Police disclosed it, (see Letter To Ewen Smith from CPS)
4) The beginning of the interview would
have evidenced that the sound moderator SBJ/1 was in fact seized on the 7th
August 1985, which would have impugned the Crown’s case against JEREMY BAMBER
at trial and appeal.
5) Other documents that evidence the
above allegations will be identified throughout this statement using the
‘HOLMES 2’ computer reference numbers from ‘ACCOUNT A 49.’
6) It is fact that COLP interviewed
Scenes of Crime Officer (SOCO) DS 219 DAVIDSON on 3rd October 1991,
(HOLMES 76/174). In the précis of his
statement at paragraph 17 he asserts that on the 9th August 1985, he
was tasked with examining a number of objects including a sound moderator,
(SBJ/1).
7) On the 13th August 1985,
DI RON COOK submitted this sound moderator SBJ/1, to Huntingdon Forensic
Laboratory for examination by scientists, GLYNNIS HOWARD and LESLIE TUCKER,
(see HOLMES 67/319 – GLYNNIS HOWARD statement 1st August 1991).
8) See the HOLAB 3, Submission of
Articles for Examination Forms, dated 13th August 1985, (See Holab
Forms 1,2,3,4,5) reference the sound moderator, ‘Item 22’ and ‘Item 23’,
‘SBJ/1,’ ‘DB/1,’ and ‘DRB/1,’ with the police investigation case number as
‘SC/688/85.’
9) GLYNNIS HOWARD’S witness statement
for the 13th November 1985, details that she tested blood on the
inside and outside of the sound moderator DRB/1, and in both cases the blood
was found to be of human origin, (Holmes 8/224)
While
a letter from PETER WINGAD to DR, SCAPLEHORN states, ‘There was no record of blood being seen on the outside of the sound
moderator,’ (see HOLMES 78/24). PETER WINGAD wrote this letter in his
capacity as Head of the Forensic Laboratory. While GLYNNIS HOWARD simply stated in Court at
trial, that she had found blood on the outside of the sound moderator, (see
GLYNNIS HOWARD’S Trial Transcript), therefore lack of corroboration is in
issue.
10) LESLIE TUCKER states in her 1st
August 1991 testimony to COLP that she assisted GLYNNIS HOWARD on the 13th
August 1985, (see HOLMES 67/321). Indeed, LESLIE TUCKER took notes and made a
diagram of SBJ/1, (EXHIBIT REF GH/1).
In her
testimony she states,
‘GH/1 has other notes upon it not made
by me. These appear to be made by JOHN HAYWARD and ANDREW PALMER. These notes
were not made on 13th August 1985. I am not aware of when they were
added.’
11) Four signatures appear on the General
Examination Record made at Bench 4 on the 13th August 1985, they are
LESLIE TUCKER, GLYNNIS HOWARD, MALCOLM FLETCHER and JOHN HAYWARD. However, the General Examination Record does
not corroborate that of the original sound moderator seized SBJ/1, because this
document, the one bearing all four signatures refers to the forensic reference
number as DB/1. It can now be evidenced that this reference did not in fact
exist until 17th October 1985. Thus the General Examination Record cannot be
the original one created by LESLIE TUCKER on 13th August 1985, (see GENERAL
EXAMINATION RECORD DB/1).
12) The original sound moderator first
discovered was assigned the reference number SBJ/1 on the 13th
August 1985. A Memo from DI COOK to MALCOLM FLETCHER states,
‘Change sound moderators number to
DB/1,’ (see HOLMES
67/241 MEMO dated 17th October 1985).
13) GLYNNIS HOWARD testified to COLP in
her witness statement dated 10th July 1991,
‘I did not have any further contact
with DI COOK on the matter, or with Essex Police due to my sick leave,’ (see HOLMES 67/318).
14) This is corroborated in a report by DR.
WINGAD attached to a Memo from DR.
THOMPSON to DR. CLARKE
which clearly states,
‘To complicate the issue GLYNNIS
HOWARD has been on long-term sick leave since January of this year,’ (see HOLMES 87/3).
15) How is it that GLYNNIS HOWARD has
signed a General Examination Record for a sound moderator DB/1 on the 13th
August 1985, when the General Examination Record she signed was in fact
referenced SBJ/1?(see paragraph 8).
16) Furthermore, GLYNNIS HOWARD asserted
in her testimony to COLP dated 1st August 1991 that when she
examined SBJ/1 on the 13th August 1985, she discovered five stains
on the sound moderator, (see HOLMES 67/319). Four of these stains proved to positively
identify human blood, while she tested a fifth stain on the flat surface on the
muzzle end of the sound moderator, and identified this as a smear of red paint.
17) GLYNNIS HOWARD failed to record her
discovery of a smear of red paint on the end of the sound moderator in her Memo
to DI COOK, dated 14th August 1985, or indeed in her numerous
pre-trial witness statements and during her trial testimony. It was not until 1991 that GLYNNIS HOWARD
asserted this relevant discovery, in view of the facts turning on there being a
fight in the kitchen at WHF, scraping the mantel shelf around the Aga. (See
Holmes 67.318)
18) Indeed, LESLIE TUCKER corroborates
this as she has drawn a smear of red paint on the end of the sound moderator at
the 9 o’clock position, (see EXHIBIT GH/1). Thus it is relevant that on the General
Examination Record depicting DB/1 and not SBJ/1, as the sound moderator in
issue, the identifying smear of red paint is not recorded.
19) The existence of this smear and it
being deemed at the time materially relevant by the scientists is corroborated
by JOHN HAYWARD in his hand written witness statement signed 8th
November 1985, where he asserts that he examined SBJ/1 and that,
‘There is a smear of red paint at the
muzzle end of the sound moderator,’ (see HOLMES 67/100 PDF page 7).
20) Indeed JOHN HAYWARD took it upon
himself to take a number of photographic images of the sound moderator SBJ/1,
when he examined and dismantled it on the 12th September 1985. These images are referred to as reference
JH/1. See also document 80/10 reference 24J – 6 X Photo albums of silencers,
and 24w – 7 X albums of photographs re silencer.
21) Moreover, BRIAN ELLIOT was shown
these photographs by COLP, (see BRIAN ELLIOT’S witness statement dated 3rd
October 1991, HOLMES 67/322). These
images taken on the 12th September 1985 that are undeniably relevant
evidence have never been tendered to the Defence in any event. Similarly those photographs of silencers
mentioned in document 80/10 remain undisclosed.
22) In 2002, a third Police enquiry was
undertaken to investigate the actions of Essex Police in the STOKENCHURCH enquiry.
A number of issues were found as fact.
23) Action Number A204 states:
‘Examine paint on moderator to
establish if there is paint thereon.’
‘FSS to examine paint stain (one) on
moderator to establish if there are any blood stains underneath the paint marks.’
Result,
20/02/02:
‘The underside of the paint and the
exposed area left on the moderator were tested for the presence of blood. The
results were negative.’
24) In 2002, STOKENCHURCH asked the FSS
to examine sound moderator SBJ/1 that had a smear of red paint on the flat
surface of the muzzle end. Sound
moderator DB/1 had been found as fact to have numerous red paint flakes
impacted upon the knurled pattern, and no smear of red paint on the end of the
flat surface, thereby establishing the difference between SBJ/1 and DB/1.
25) COLP misled the Home Secretary at the
time, in their published report submitted to him where they state,
‘That the sound moderator should have
been photographed at the earliest opportunity. Unfortunately this did not happen. The earliest photographs taken of the sound
moderator were taken on the 11th November 1985,’ (see COLP Report,
paragraph 2/57). It can now be evidenced that this statement lacks credibility.
26) MALCOLM FLETCHER was sent a number of
photographs taken of the dismantled sound moderator by DI RON COOK, (see HOLMES
78/14). These images had been taken by
DI RON COOK at Chelmsford HQ Scenes of Crime Department on 21st
August 1985, (see Holmes 8/215 DI RON COOK’S 25th September 1991
Witness Statement PDF page 33).
27) It remains to be disclosed whether
JOHN HAYWARD was aware when he examined SBJ/1 on 12th September
1985, that SBJ/1 had been dismantled in the first instance and had its baffle
plates spread out upon a work bench where a blood stained rifle had been placed
for convenience at the same time, possibly corrupting its evidential integrity.
28) JOHN HAYWARD stated that he
discovered a single flake of blood inside the sound moderator that he used in
all his blood grouping tests, the question remains was he aware of the images
that MALCOLM FLETCHER had in his possession as to the real possibility of
contamination of SBJ/1 by the rifle when he examined it? (see HOLMES 78/14)
29) Both JOHN HAYWARD and GLYNNIS HOWARD
gave testimony as expert witnesses at trial. They stated that they had screened the blood
stains discovered on the sound moderator SBJ/1, to discern whether they were of
human or animal origin. The Jury were
instructed by the two of them, that the blood tested did not originate from an
animal but was in fact human.
30) JOHN HAYWARD and GLYNNIS HOWARD failed
to inform the Jury that they in fact screened the blood for two types of animal
– dog and hen, (see HOLMES 12/194 PDF page 5) but the .22 rifle in issue
(Exhibit DRH/15), was used to shoot rabbits, foxes and rats. No evidence has been submitted to Huntingdon
Forensic Laboratory to suggest that the sound moderator was ever used to shoot
hens or dogs. Why then select these two
animal types as possible sources of the blood staining on the sound moderator
SBJ/1? Indeed, why did JOHN HAYWARD and GLYNNIS HOWARD fail to inform the Jury
that they had not tested the blood for obvious farm pests such as foxes,
rabbits and rats but instead for hens and dogs?
31) In 1986, on the basis of their expert
testimony the Jury were led to believe that all types of animal screening had
been undertaken, with a negative result, thus their credibility is in issue.
32) Had it been brought to the Jury’s
attention that the sound moderator could well have been contaminated with
rabbit blood, then the Defence would have been able to rebut the prosecution’s
proposition and illustrate that the positive result for AK/1 an enzyme attributed to Sheila Caffell, as asserted by JOHN
HAYWARD, could also be attributed to the AK/1 enzyme found in all rabbit blood
(see R-10).
33) Moreover, on the 25th
September 1985, BRIAN ELLIOT was prima facie given ‘SBJ/1’ to examine including
the smear of red paint on the flat surface on the muzzle end, as discovered by
GLYNNIS HOWARD and JOHN HAYWARD, (see HOLMES 67/319, HOLMES 67/100).
34) BRIAN ELLIOT instead found a large
quantity of red paint flakes impacted into the knurled end of the sound
moderator, and no smear of red paint adhering to the surface of the flat end piece. At the time BRIAN ELLIOT believed he was
examining SBJ/1 due to its packaging and labelling, however this sound
moderator was in fact DB/1. This fact
can be corroborated by BRIAN ELLIOT’S realisation in 1991 when he was shown
JOHN HAYWARD’S photographs by COLP of SBJ/1, (see HOLMES 67/322, statement
dated 3rd October 1991).
35) Indeed, the sound moderator in photos
JH/1 had blood in the dips and the grooves of its knurled pattern (see GLYNNIS
HOWARD’S Trial Transcript). These
photographs had none of the twenty-five plus red paint flakes that BRIAN ELLIOT
found in the dips and grooves of the knurl, and as evidenced in his trial
testimony he found no blood in the sound moderator’s knurl (see BRIAN ELLIOT’S
Trial Transcript).
36) The diagrams drawn by BRIAN ELLIOT
and LOUISE FLOAT on the 25th September 1985 shows that the sound
moderator had a large piece of sticky tape adhering to it that was not present
when JOHN HAYWARD examined it, and then
photographed it on 12th September 1985, (see HOLMES 67/193).
37) It is fact that the sound moderator
SBJ/1, also had a white film of super glue covering its outer surface owing to
the fingerprinting process undertaken on the 15th August 1985.
38) But DB/1, the sound moderator
examined by BRIAN ELLIOT and LOUISE FLOAT did not have such a white film on its
outer surface.
39) Indeed DB/1 was found in the same gun
cupboard as SBJ/1 by DAVID BOUTFLOUR on the 10th August 1985. It then remained in a card board box at his
sister, ANN EATON’S house until 11th September 1985, (see P35). It was then collected by DC OAKEY on 11th
September 1985 and handed to DCI WRIGHT SOC Chelmsford.
40) On the 12th September 1985
DI COOK and DC BIRD attended WHF to take photographic images of scratch marks
on the underside of the kitchen’s mantel shelf. On that same day they also took photographs of
the kitchen in its tidied state, (see Police Reference Number Negative Strip
YELLOW LABEL – 34, NEGATIVES 7-10, these appear in the Master Copy Album as
Photographs Numbers 148, 149, 150, and 151).
41) It can be clearly seen from NEGATIVE
NUMBER 7 of YL-34 that it is an area of red painted surround to the left of the
cooker (at waist height), it can be seen to be free of scratch marks or
chips/gouges in the red paint work.
42) While it can be seen that NEGATIVE NUMBER 9, of YL-34 shows the same area
of this red painted Aga surround, when this area is enlarged it shows that the
left hand vertical fascia at (waist height) now has a deep ‘U’ shape, white
coloured scratch mark upon it. Also,
near the ‘U’ shaped scratch mark is a deep, white coloured gouge in an area of
the small cupboard door. This area on
the cupboard door was previously covered by the kitchen calendar in the crime
scene photographs.
43) These two distinct marks must have been made either by DC BIRD and/or DI
RON COOK, as no other person was present at WHF on the 12th
September 1985. NEGATIVE NUMBER 7 of YL-34, has been taken in
a chronological order and is taken prior to NEGATIVE NUMBER 9 of YL – 34,
therefore it is logical to assume that these later marks were gouged using the
sound moderator DB/1. Indeed there were
over twenty-five flakes of red paint upon DB/1 which would corroborate an
intensity of impact upon the Aga surround by the sound moderator and the depth
of the mark made, that was later used to bolster the prosecution’s proposition.
44) In 1991, DR. BAXENDALE, using ESDA
testing, was requested by COLP to examine the Exhibit Labels for the sound
moderator SBJ/1 (Exhibit Label AH/1), (see HOLMES 24/170).
45) Indeed, DR. BAXENDALE’s 23rd
September 1991, witness statement shows clearly that he found as fact that the
Exhibit Label signed by GLYNNIS HOWARD, DI RON COOK, JOHN HAYWARD, MALCOLM
FLETCHER and BRIAN ELLIOT was originally written out specifically for sound
moderator DRB/1, case reference number SC/786/85, (see HOLMES 6/109).
46) While GLYNNIS HOWARD testified to
COLP that she only signed one Exhibit Label for the sound moderator SBJ/1 on 13th
August 1985, case number SC/688/85. Furthermore,
she stated that the Exhibit Label shown
to her by COLP bearing her signature, (AH/1) shows that SBJ/1 had been changed
to DB/1 then DRB/1 subsequent to her signing it, (see HOLMES REF 67/320).
This clearly contradicts the findings of
the expert witness DR. BAXENDALE and impugns GLYNNIS HOWARD’s credibility.
47) Moreover, COLP were aware of his
findings from his 23rd September 1991 Witness Statement, and that
GLYNNIS HOWARD was not a credible witness due to what she stated on 3rd
October 1991. Instead GLYNNIS HOWARD signed a new Exhibit Label
for DRB/1, a sound moderator she had neither seen nor examined for case
reference SC/786/85. To create a false
Exhibit Label in order to mislead a Jury is to pervert the course of justice.
JOHN HAYWARD was never interviewed by
COLP in 1991. He has not explained how
his signature came to be on the exhibit label marked DRB/1 when he examined
SBJ/1.
48) It may be fact that Essex Police
misled Huntingdon’s Forensic Scientists into creating a new set of examination
documents and a new Exhibit Label for DRB/1, without them realising that they
were facilitating SBJ/1 being swapped for DB/1 and then being merged
evidentially to form a third fictional sound moderator, as being the one
removed from WHF.
49) However, it is believed that Essex
Police had at least one Forensic Scientist who conspired to help switch SBJ/1
to DB/1 prior to BRIAN ELLIOT’s 25th September 1985 examination. Unless an admission is made by the scientist
in question their identity will remain concealed. Indeed it is not known how much of the
information provided thus far the scientists in question were aware of in 1985
and 1991. Yet there are over one hundred
additional documents that contain information corroborating and evidencing all
the above facts.
50) In any event, the Defence request a
full account as to how it was that Essex Police instructed Huntingdon Forensic
Scientists to fabricate a set of false documents, purporting to follow a chain
of evidence that bolstered the credibility of an exhibit item, for a sound
moderator DRB/1, which it is fact was fictional. This
‘sound moderator’ DRB/1, was used to mislead the Jury in 1986 by merging the
forensic evidence of two sound moderators SBJ/1 and DB/1, resulting in a
miscarriage of justice.
51) It is considered that complicity and
lack of credibility by certain scientists as adduced by other expert witnesses
not involved in the trial at first instance, i.e. DR. BAXENDALE, in addition to
the documents now in the hands of the Defence, suggests the mens rea regarding the offence of
perverting the course of justice.
Conclusion
It is
only now twenty-six years later, that JEREMY BAMBER’s Defence team were
eventually disclosed case photographs and documents previously withheld under Public
Immunity Interest. This evidence clearly
shows that the Jury were misled regarding the provenance of the sound moderator
material to the facts of the prosecution’s case. In addition to it being corrupted and
fabricated as to its identity in any event.
The
Huntingdon Forensic Scientists had a duty and obligation to make accountable to
the Court at the time of trial as to the re-writing and signing of numerous
sets of documents, including the Exhibit Label for alternative sound
moderators. The fact that they did not
and indeed in two instances at least, committed perjury during the COLP enquiry
allowed Essex Police to pervert the course of justice by fabricating it as fact
that only one sound moderator featured in the case.
ACC
SIMPSON himself was aware that two sound moderators featured in the evidence of
the case and that the Jury were misled by the tainting of evidence as
facilitated by the Forensic Scientists named in this document. None of the expert witnesses who were in a
position of trust, or serving Police Officers tendered evidence that actually
illustrated the truth of the facts as shown in this document. This resulted in
the jury being misled in 1986.
No comments:
Post a Comment