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PoppyMeze

Saturday, 5 September 2015

Jeremy Bamber:Essex Police and the Missing Files







All that is necessary for the triumph of evil is that good men do nothing.







Edmund Burke

Irish orator, philosopher, & politician (1729 - 1797
                                                                                  
30 years ago, October 1986 Jeremy Bamber was tried and found guilty for the murder of his entire family at White house Farm, Tolleshunt D'Arcy, Essex, in August 1885. 

Essex Police are still withholding 340,000 pages of documents and 175 photos under Public Interest Immunity (PII).  Essex Police and the CPS refuse to address the issue of the 2001 and 2002 Appeals and comply with Court Orders for disclosure.  What is more concerning is that this issue is not being addressed automatically by the courts, leaving Jeremy with the responsibility of acquiring the finances necessary for a court hearing and ruling to enforce that order.  On the campaign team website is a petition that the Secretary of State for Justice intervene along with a booklet outlining the documents required for disclosure.

The documents in Jeremy's possession indicate that Essex Police had two separate files on the White House Farm murders and two separate case numbers.  The initial file concluded that Sheila Caffell, suffering from schizophrenia, had killed her adoptive mother and father, June and Nevill Bamber along with her twin sons, then committed suicide.  However, at a later stage the investigation took a different view; the total reasons are not clear but this change in stance seems to coincide with Julie Mugford's claim that Jeremy had told her he was planning to kill his family, plus information fed to Essex Police by Jeremy's relatives.  It was no secret that the relatives disliked Jeremy and referred to him as the 'cuckoo in the nest'.

Others documents which have since been released and are on the Jeremy Bamber  website, also give reference to Essex Police original conclusions.

Andrew Hunter in 2005, then MP for Basingstoke, address to parliament.

Although 98% of all documents are still being withheld by Essex Police.  The 2% Jeremy's team do have include hand written police records, the telephone log of
Nevill Bamber's call to the police at 03.26 as well as events occurring inside the house from approximately 04.00.

Significantly all the following events took place whilst Jeremy Bamber was standing outside with police officers; several names are provided, amongst them PC Bews and PC Myall.

Other police officers were called in, including the firearms team, and upon breaking down the door over three hours later, at around 07.30 recorded,
'One dead male one dead female in kitchen'
.

PC Hall states that whilst in the company of PC Collins, PC Delgado, A/PC Woodcock,

'I immediately heard a noise upstairs, I began to challenge up the stairs I was covering.  I was
calling to Sheila BAMBER to make her whereabouts known to me.'

More on Julie Mugford now Smerchanski, now living in Winnipeg, Canada.

And further information on Jeremy's relatives Ann and Peter Eaton
David Boutflour.

I am an enthusiastic supporter of Jeremy Bamber though not a member of his campaign team; so do not speak or write in an official capacity in that sense; though I do have some thoughts around further motives and possible reasons why these documents are being withheld.

We know that Julie Mugford lied when she told Essex Police and the jury that Jeremy had spoken about plans to kill his family and that he had said, 'tonight's the night'.  She also exposed herself as a liar independently of that, on saying that Jeremy had hired a 'hit-man' Matthew McDonald who proved to have an alibi. 

The question of why Mugford lied and went on to lie at Jeremy's trial is often explained as the action of a 'woman scorned' as Jeremy had ended their relationship shortly after the tragedies and she wanted to retaliate; also she was being charged with bringing drugs into the UK from Canada, burglary and cheque fraud, documents indicate that Essex Police did a deal of sorts to drop these charges if she agreed to stand as witness for the prosecution.

We will possibly never know the whole truth but I now believe that Mugford was threatened with a more significant charge, holding a more severe custodial sentence.  It has no affect on Jeremy's innocence and is not meant as a defence as to her actions as apart from that she was happy to accept money from Jeremy for her holiday also to perjure herself on the promise of a £25,000 pay-out from selling her story to the News of The World.

(HOLMES 64/13 - 1/12 - 5/10 - 1/49)
According to Mugford's friend, Elizabeth Rimmington, Mugford had told her that Jeremy had spoken of killing his family.  Around the same time Rimmington had confessed to Mugford that she had also been 'sleeping' with Jeremy; and it was she, ER, who actually contacted the police to report what Mugford had told her (though the exact content of that statement is still being withheld by Essex Police).  Julie Mugford was called in by Essex Police for questioning.  It is possible that Mugford was threatened with being an accessory to the crime, as in her desire to destroy Jeremy she had implicated herself by stating that he had told her what he was planning and that he had said, 'tonight's the night.'  This would likely come under the offence of  'joint enterprise' which is used to incriminate anyone who was present or knew of a crime, even if they did not take a part; and holds a far greater custodial sentence than cheque fraud, burglary etc. As I said previously, it makes no difference but it makes more sense - in a sense.

After the trial and Jeremy's conviction, Mugford moved to Canada, eventually marrying, thus changing her name to Smerchanski.  There are two children from the marriage. It is believed that she will be subpoenaed in the event of an appeal.

Sheila had received two bullet wounds to her neck, the pathologist report states that she shot herself though the first would be unlikely to have killed her and she could have moved around, made her way upstairs and shot herself again, the second shot being fatal.  Recently I have begun to contemplate whether it was in fact Essex Police Fire Arms Team who fired the second shot into Sheila's neck even though she may have already been dead, as documents show that over fifty other people entered the crime scene over the following day and that the scene was used as a training exercise with the gun being moved on and off of Sheila's body.  Plus the original shattered bullet was miraculously made whole and changed size by the time of trial, perhaps another reason for the denial of the original logs of 'one dead male, one dead female in kitchen' and the non-disclosure of other events? Well, I say, 'non-disclosure' but that is just the phrase used to make the act seem more justifiable, in fact it means deliberately lying about events in order to fool judge and jury.

Other failings are that of the Criminal Cases Review Committee (CCRC).  The list is quite comprehensive including illustrations of possible conflicts of interest.  

The trial judge, Justice Drake, in his summing up, led the jury to find Jeremy guilty on the evidence of the moderator alone; prosecution having maintained that Jeremy had placed it on the gun, killed his family, then removed it; his relatives had claimed to have found the moderator in the gun cupboard which police logs show had been searched by police at an earlier time and had found empty. Jeremy maintained that when he left the gun on the settle, after shooting rabbits, that the silencer was not on it - was never on it.

Peer reviewed, fresh evidence was placed before the CCRC in 2012 by four pre-eminent scientists and ballistics experts, showing that the burns on Nevill Bamber's body were made with the muzzle of the gun, not the moderator, which of course has the propensity of making the original guilty verdict unsafe, yet the CCRC refuse to accept their findings and refer to the Court of Appeal. The CCRC seem oblivious as to the application of the 'Golden Rule' i.e. that any material which weakened the prosecution's case or strengthened that of the defence should be disclosed. (House of Lords R v H & C).  One can only speculate as to why. i) Disclosure and PII 

Reference to Michael O'Brien's account of his appeal in his book, 'The Death of Justice' (Cardiff Newsagent Three), in his summing up the judge said (sic) that both clinical and other evidence not seen or understood fully by the jury at trial, may now be taken into consideration; clearly meaning that if the jury had had the information and professional input at trial which was available at the time of their appeal, then there is a strong likelihood that given that information the jury would have found them not guilty.

It therefore must surely be appropriate to follow that precedent in Jeremy Bamber's case.

i) Information Brief: Disclosure and Public Interest Immunity in Serious Cases
Website: www.rahmanravelli.co.uk

2001/2002 Court Order Essex Police 
Disclosure Booklet

Essex Police destroyed evidence despite Court Order to disclose

Posted by Poppy Ann Miller at 06:16 No comments:
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Labels: Essex Police, Injustice, Jeremy Bamber

Wednesday, 2 September 2015

Jeremy Bamber: New, Independent Appraisal by 'Generation Why'

Preamble:

I've met with and written to my MP, John Whittingdale, several times, (he was also Jeremy Bamber's MP) asking him to help me with many issues relating to Jeremy's arrest and trial, including a FOI request that Essex Police release all documents relating to the case and which have been hidden under the misuse of Public Interest Immunity (PII).  Whittingdale is adamant that Jeremy is guilty and in any case refuses to help me, stating that there is nothing he can do, that he cannot interfere - though he did, 'interfere' when he addressed parliament about the suitability of Jeremy having access, via prison staff, to the internet.  Sauce for the goose...

I've also written to dozens of politicians and church leaders including; PM David Cameron, Nick Clegg, ex Labour Leader Ed Miliband, Home Secretary Theresa May, Shadow Justice Minister Lord Falconer, Bishop of Chelmsford (those last two couldn't even be bothered to respond) COLP, CCRC, IPCC, Bishop of Liverpool, Archbishops of York Dr. John Sentamu and Rowan Williams, (then Archbishop of Canterbury), Keith Vaz, Keir Starmer, Chris Grayling (when Justice Minister) Witham MP Priti Patel; she, who on BBC 'Question Time' admitted she was in favour of the death penalty for the UK; as a deterrent! So innocent Jeremy would be dead if she had her way). None will help, Oh, Dame Joan Bakewell offered sincere advice, bless her but said it's beyond her scope.

I believe the government are running scared because of public outrage that will erupt when this gravest and longest, THIRTY YEAR miscarriage of justice and corruption finally breaks free; and challenges the credibility and integrity of the whole UK judiciary system.

*********
The following independent podcast appraisal of Jeremy Bamber's arrest, trial, and conviction is unbiased, clear and constructive.  Their conclusion is an obvious one, as it would be to anybody given the full facts of the case and had sight of the evidence which Essex Police and the prosecution withheld from the defence, the judge and jury; who if they had seen it, would surely have led them to the verdict that Jeremy Bamber was/is innocent, beyond doubt.




White House Farm Murders – 141 – Generation Why  










Posted by Poppy Ann Miller at 03:54 No comments:
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Labels: Boutflour, Eaton, Essex Police, Generation Why, Injustice, Jeremy Bamber, Pargeter, Rivlin

Jeremy Bamber: Why was sentence changed in secret?

1988 By Secretary of State Douglas Hurd

Copyright © Jeremy Bamber Campaign
Attrib: http://www.jeremy-bamber.co.uk/jeremy-s-sentence
Updated 02.03.13
British Government Maintains ‘Reviews in Whole Life Orders’ are Giving Prisoners False hope.
On the 28th of November 2012 the European Grand Chamber heard the case for appeal against the whole life tariff’s of three prisoners from the UK, Vinter, Bamber and Moore.
Back in January 2012 the European Court of Human Rights in Strasbourg, voted that whole life sentences do not contravene Article 3 of Human Rights Law, even in cases where a sentence was imposed on the prisoner retrospectively and in secret.
The case is for prisoners to have a ‘review’ inserted into their whole life sentences. The prisoners assert that in contrary to article 3 of the Human Rights Act, to have a whole life sentence imposed without a mechanism for review is inhuman and degrading on the following grounds.
Whole life sentencing means permanent exclusion from society in a similar way that its predecessor did - sentence to death was also permanent exclusion from society.[1] The appellants argued that to be imprisoned for whole life, means withdrawing not only the possibility of atonement, but also hope, it is then argued that to live without hope amounts to inhuman and degrading treatment.
Law in England and Wales currently has conflicting ideologies where the objective of imprisonment is concerned.  Our present alignment with European law makes us part of the reintergationist view of imprisonment, where prisoners rehabilitate as part of their punishment and become integrated back into our communities. Contrasting with this is whole life sentencing, without any reviews, which follows the exclusionary doctrine of hanging, and is at odds with the European reintergrationist ideology.
As the British Government detail in their defence to the Grand Chamber, whole life orders are for the ‘purposes of punishment and deterrence,’ with not a single reference to redemption, atonement or re-integration or the possibility of a miscarriage of justice.[2]  
The public dissatisfaction which preceded the abolition of the death penalty in the UK, was brought about because of high profile cases where innocent people had been hanged.[3]
Those who are wrongly convicted, and posthumously cleared can never have their lives back, and this is a very strong argument considering the high volume of miscarriages of justice which according to Dr Michael Naughton, of Bristol University Innocence Project, are a ‘mundane part of the justice system’ and which now total 18 cases per day.[4] 
One of the appellants who has always maintained innocence and makes serious representations to support his claims, is Jeremy Bamber, who was convicted by a 10:2 majority verdict in 1986. Under the old system he would not have been sentenced to death because hanging was only an option for those convicted by a unanimous verdict. Bamber would likely have had a sentence fixed at 25 years, and is therefore one of the few whole life sentence prisoners who would be better off under the archaic system abolished in 1965.
The trial judge, Mr Justice Drake, sentenced Bamber to serve ‘life’ and both he and the Lord Chief Justice recommended that Jeremy Bamber should serve a minimum of 25 years before a review. However, in 1988 the Secretary of State, Mr Douglas Hurd, imposed a whole life tariff without informing Bamber.[5]
After prisoners won a Judicial Review of the Secretary of State’s reserved right not to tell prisoners the length of their sentence, on the 15th of December 1994, the Home Office Prison services, then formally advised Jeremy Bamber of this decision.[6] Until this point, Jeremy Bamber had been unaware that his sentence had been upgraded by the Government retrospectively. The fact that whole life sentences were introduced in 1983, and the first one was not set until 1988, is surprisingly not in breach of Article 7 (1) of the Human Rights Convention.
The Home Office Prison Service also formally advised Jeremy that he would serve the whole life sentence with a review which was already set for 2002 by the Secretary of State.[7]  But this review was withdrawn when the House of Lords held that the Secretary of State was not an ‘independent and impartial tribunal,’ and that political sentencing of this type was incompatible with the convention right to a fair trial.[8]  
The Criminal Justice Act (CJA) 2003, reformed the law in England and Wales, and removed all reviews from mandatory life sentences upgraded to discretionary whole life orders, thus withdrawing the powers previously held by the Secretary of State to apply sentence reviews or set tariffs.[9]  Transitional provisions of the CJA of 2003, allowed Bamber to apply to the High Court for a review of the whole life term because it had been set by a politician and not a judge.[10] In accordance with this provision, Bamber challenged his new sentence which had been imposed by the Secretary of State, it was heard, and astonishingly still upheld by the High Court on the 16th of May 2008 despite the CJA aiming to ‘judicialise’ sentencing.
In 2012 Jeremy Bamber took his case to the European Court of Human Rights with this background, and made appeals that the British Government were in breach of Articles, 3, 5 and 7 of European Human Rights Law. Submissions by his lawyers included: “the sentence which the trial judge would have passed, if he had had the power to do so, namely a minimum term of 25 years, was reviewed by the High Court nearly 22 years afterwards applying a sentencing regime created 17 years afterwards, which is more severe than the one which prevailed at the time the offences were committed. That can neither be fair nor compatible with the requirements of Article 7 (1).”
Bamber’s legal team added:
'It cannot be acceptable for the Government to have promised a whole life prisoner a series of reviews at the stages identified in this letter and then to renege on that promise and withdraw that right to review, and consequently the possibility of release.' [11]
On 17th of January 2012 the European Court ruled that there had been no breach of Article 3. This was a narrow majority ruling, with three out of the seven judges dissenting. Clearly exclusionary forms of sentencing are still favourable in contrary to European integrationist penal trends. The dissenting judges stated that the appellants were denied the Human Right to ‘hope’ which did amount to inhuman and degrading treatment.
On the 28th of November 2012 Bamber, Vinter and Moore returned to Europe, this time in the Grand Chamber to see if they could have some ‘hope’ put into their sentences.
On the 24th of September 2012, a non Governmental Organization known as the ‘Hungarian Helsinki Committee’ sought leave to submit a third party intervention on behalf of Vinter, Bamber and Moore under rule 44 (3) of the court.
The Committee ‘monitors the enforcement of human rights’ and ‘has for years been advocating for abolishing lifelong imprisonment without the possibility of parole.’ The application made by the Committee was refused by the court as was their intervention into the case of a Hungarian man jailed for whole life without a mechanism for release.[12]
It seems even Strasbourg reject the insertion of release mechanisms, so the possibility of the appellants winning their case is slim. Our concern is that not only has England and Wales have been unethical in setting sentences, and is still in the mode of political meddling, but this country brings itself into conflict with Europe and Scotland as a result.
Michael Mansfield QC has suggested the following where miscarriages of justice are concerned.
“Despite the CCRC there are cases where strong evidence of innocence or serious doubts of the conviction, exist, which do not meet the stringent criteria of the CCRC and the appeal courts. The INUK and this book, then, present an imperative attempt to resurrect alternatives for such cases where the CCRC can offer no hope to, such as petitioning the Secretary of State for a pardon under the prerogative of mercy”[13]  
Most concerning of all is that Jeremy Bamber is not eligible for a prerogative pardon under his whole life order - there is no mechanism for review.
The Bamber case highlights the most unusual set of circumstances in which the government ‘secretly’ interfered with the imposition of sentences. We should be even more concerned that there is no provision for the possibility that the judiciary is setting what is effectively a ‘death sentence’ to individuals who maintain innocence with no mechanism for review, and this has echoes of the death sentence imposed on Troy Davies in the USA, despite his maintaining innocence with supporting evidence.
More attention must be paid to the absurdity of political sentencing ethics which are supported by the UK judiciary (when it suits) and how these conflict with European Human rights laws if we are ever to find a system that works satisfactorily.



[1] “reintergrationist” versus “exclusionary” types of imprisonment, Dolovich. pg 13 & 122; Life Without Parole, Ed Ogletree and Sarat, NYU Press, 2012.
[2] Observations on Behalf of the Government of the United Kingdom, 18th September, 2012.
[3] Derek Bentley, Timothy Evans
[4] Daily average in Crown Court, CACD (including referrals from the CCRC) and House of Lords, Naughton, M. Rethinking Miscarriages of Justice: Hope for the Innocent, 2012 edition, Palgrave, Basingstoke.
[5] Observations on Behalf of the Government of the United Kingdom, 18th September, 2012.
[6]R (Doody) v Secretary of State for the Home department http://en.wikipedia.org/wiki/R_v_Secretary_of_State_for_the_Home_Department_Ex_p_Doody
[7] Home Office, Prison Service letter to Mr Bamber, 15th December 1994
[8] R (on the application of Anderson) v Secretary of State for the Home Department [2002]
[9] Schedule 21, CJA 2003
[10] Schedule 22, CJA 2003
[11] Bamber v United Kingdom, 2012
[12] Letters Grand Chamber and Hungarian Helsinki Committee, 27th January 2012
[13] Mansfield, foreward xxii.  Naughton, M. The Criminal Cases Review Commission: Hope for the Innocent, 2012 edition, Palgrave, Basingstoke. 

                                                                                                     ****
“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

Posted by Poppy Ann Miller at 02:52 No comments:
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