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Criminal Cases Review Commission
- In 1998 Kevin applied to the Criminal Cases Review Commission (CCRC) to have his case referred to the Court of Appeal.
- Part
of the submissions concerned allegations that Spackman had fabricated
evidence with Roger Vincent and David Smith and withheld other evidence
that would have proved Kevin’s innocence.
It was also submitted
that Spackman had done a deal with Vincent that would result in his and
acquittal at the expense of Kevin’s conviction.
- These
submissions may have sounded preposterous at the time because Spackman
was perceived as an honest high ranking officer with an unblemished
record. Kevin’s allegations would be somewhat vindicated however over
the next few years.
- These submissions may have sounded preposterous at the time because
Spackman was perceived as an honest high ranking officer with an
unblemished record. Kevin’s allegations would be somewhat vindicated
however over the next few years.
- Peter
Taylor from the CCRC contacted Kevin’s solicitor on the 18th September
2003 and made the following comments: “The representations were just
what they had been looking for, and commented on the fact that they
were very well argued and so far as witnesses are concerned, it is the
view of the CCRC that they should interview witnesses alone. In
previous cases appellants have been criticised on the basis that they
have instructed their solicitor’s to see witnesses in advance of the
CCRC investigation and it had been suggested that this was to prime
witnesses about what they should say. Thus, his view is that it is
better that witnesses are seen by the CCRC as they are an independent
body and no such criticism can be made.
- Peter Taylor also said he would be speaking to his colleagues in
the CCRC and coming to a decision as how to best take the case forward
and what they should do and he would call in a couple of weeks.
- The
CCRC refused Kevin’s first application on the 15th October 2003 (27
days from the 18-10-03) without carrying our one single interview and
stated the following: “The Commission has now considered your
application for a review of your conviction. On the information
currently available to it, the Commission is not minded to refer your
case for a fresh appeal”.
- Kevin
contacted the CCRC and expressed that although he was very disappointed
with its decision he was concerned that his application did not receive
a fair review and was suspicious that Mr Baden Skitt, the former Chief
Constable of Hertfordshire Police at the time of Mr Magill’s murder,
was one of the 14 CCRC members.
The CCRC stated in its response:
“…it was inevitable that members of the CCRC knew the police in Mr
Lanes case, or knew someone who knew them; however this has not caused
bias…”
- They did invite him to make further submissions in the light of
Spackman’s imprisonment but again refused Kevin’s application and
commented that it could not see how Spackman’s imprisonment affected
the safety of Kevin’s conviction.
- There have been significant developments since the last CCRC refusal.
- Kevin
and his defence team have had to do what the police and CCRC should
have done (and are better equipped to do), and that is investigate
evidence built on formidable details based on existing evidence that
suggests other suspects for the Magill murder. When that evidence is
tallied with the related developments arising from this sensitive
material, the only logical conclusion that can be arrived at is that
Kevin’s conviction is unsafe.
- Kevin
is only too painfully aware from his previous dealings with the CCRC
and Hertfordshire CPS that he is battling up hill and welcomes your
support for Justice to be done.
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