BRITISH RACISM AND MISCARRIAGE OF JUSTICE;
Particularly of interest tothose from Birmingham:
The centrepiece of the work is the arrest, trial and imprisonment of George Edalji for a series of maimings of animals in Great Wyrley. But how did this myopic and astigmatic young solicitor manage to get himself into the frame for these crimes? To understand why he was arrested and convicted of a crime that he was physically incapable of carrying out, the starting point was the situation the Reverend Edalji and his family had to face and the resentment directed towards them after the Parsee-convert …
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Miscarriages of Justice Organisation - the Appeal of Barry George
The Appeal of Barry George, convicted last July of the murder of TV Presenter Jill Dando, will be heard on Monday July 15th, in Court 4 at Royal Courts of Justice. The Lord Chief Justice will preside over the Appeal proceedings.
MOJO has grave concerns over the safety of the conviction of Mr. George, having supported Barry and his family throughout the trial process and through to this Appeal.
Mr. Georges defence team, led by Michael Mansfield QC will challenge the identification and scientific evidence which was presented by the Crown at the trial.
The prosecution sought to turn non-identifications into positive identifications thereby turning totally negative evidence into positive evidence - an approach which conflicts with the background of the safeguards of the Police and Criminal Evidence Act procedures for identification parades, and the Codes of Practice governing them.
This will be an important principle for future cases where similar identification evidence becomes an issue. An important fact to bear in mind is always the inherent danger that this type of evidence greatly increases the real risk of a miscarriage of justice.
Similarly, the appeal will look closeley at the scientific issues and question the provenance of such evidence going before a jury. Contamination, police exhibit procedures and the integrity of the vital exhibit will be re-examined.
This Appeal will reveal the pollution of justice that has ocurred in this case and will demonstrate the exceptional efforts that have been made to identify them. Anyone who has a genuine interest in the administration of fair justice should follow the Appeal closely. There are lessons to be learned, MOJO has been educated and we consider we have been privileged to be able to offer our service and support to Mr. George, his family and the defence team.
As with all similar cases, our thoughts must also lie at this time, with the family of Jill Dando for whom these proceedings will be a painful reminder of their tragic loss. "Justice for Jill" is important to everyone.
Miscarriages of Justice Organisation
http://mojo.freehosting.net/===============================
Dando case judge wrong on admitting evidence, says Michael Mansfield QC
Nick Hopkins, crime correspondent, The Guardian, Saturday July 13, 2002
Lawyers acting for the man convicted of murdering TV presenter Jill Dando will make sweeping criticisms of the trial judge at the appeal court on Monday, claiming crucial evidence should not have been put before the jury and that the guilty verdict is unsafe.
Michael Mansfield, QC, will argue that Mr Justice Gage, who presided over last year's Old Bailey trial, should not have allowed the prosecution to include forensic material or the testimony of four witnesses who partially identified the defendant Barry George at video ID parades.
The appeal against conviction is based on legal and procedural grounds rather than fresh evidence and could lead to George being freed or a retrial.
Since George has been in jail he has been recorded at length by two other inmates talking about the murder. During one conversation, he confesses to being at the scene in Fulham, south-west London, when the shooting happened - he claimed at the trial he was at home and had never heard of Jill Dando.
However, the crown prosecution service has decided not to include the tapes in its submissions to the lord chief justice, Lord Woolf, who will be sitting with Lord Justice Henriques and Lord Justice Curtis.
Orlando Pownall, QC, who led the prosecution team, be lieves the case is sound and does not need bolstering.
Last July George, 42, was convicted of murdering Ms Dando on the doorstep of her home in Gowan Avenue, Fulham, on April 26 1999. She was killed in daylight with a single shot to the back of the head.
The death of the presenter, who was engaged to be married later that year, led to one of the biggest murder investigations ever mounted by Scotland Yard.
The police team, led by Detective Chief Superintendent Hamish Campbell, struggled to establish a motive or identify serious potential suspects until a review of many thousands of tit-bits of information from lthe public - put George in the frame. He was arrested in May 2000.
The police case was built around two firm sightings of him in Gowan Avenue on the morning of the murder and a minute particle of gunpowder residue found in an inside pocket of a blue cotton jacket recovered from his flat.
This matched tiny particles found on Miss Dando's clothes and on the back of her neck.
George's lawyers will tell the appeal court that Mr Justice Gage should not have allowed the forensic evidence to be put before the jury because the jacket could have been accidentally contaminated when it was taken to a police photographic studio before being examined by scientists.
The judge ruled that the jacket was admissible and left it to the jury to assess whether the possibility of contamination - fiercely contested by the prosecution - was real.
He also allowed the prosecution to call the four witnesses who could not conclusively identify George during face only video ID parades. George refused to take part in all but one live line-ups - these are the normal ID parade procedure. Using the video technique, four witnesses said they could not choose between the second face on the film - George's - and the eighth.
Mr Mansfield will also say that the "lurking doubt" about the safety of the conviction - based on what he regards as the fragility of the prosecution case - is another reason for the appeal court to free George or order a retrial.
George has always denied murdering Ms Dando and police have never been able to establish his motive for killing her. But following his conviction last July, it emerged that George was a fantasist who for years claimed to be the cousin of Freddie Mercury, lead singer of the pop group Queen, and to be a former SAS soldier.
George had a history of pestering women, had a spent conviction for attempted rape, and an obsession with guns. He was once found hiding in bushes at Kensington Palace, carrying a rope, knife and a poem addressed to the Prince of Wales.
The appeal is expected to last four days.
NOCENT MAN JAILED FOR JILL DANDO MURDER BY INCOMPETENT BRITISH POLICE
MISCARRIAGE OF JUSTICE BY BRITISH LEGAL SYSTEM,YET THEY TRY LECTURING US
London: Barry George was cleared on Friday of the murder of BBC presenter Jill Dando after a retrial at the Old Bailey.
His defence lawyer William Clegg had argued that the 48-year-old lacked the skills, ability, motive and expertise to have committed such a crime.
George is expected to be freed later after eight years behind bars.
Dando, 37, was shot at point blank range with a gun pressed against her head on the doorstep of her home in Fulham, west London, in April 1999.
Her murder shocked the nation and prompted one of Scotland Yard's biggest murder investigations.
Crown Prosecution Service lawyer Hilary Bradfield said it was right to bring the case, despite the not-guilty verdict after an eight-week trial.
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Before arresting George, detectives examined a wide range of theories. One was that she was killed by a Serbian, angry that she had presented a TV fundraiser for Kosovan refugees.
Others suggested she was killed by an ex-lover or by an underworld hitman for her work helping the police on the BBC's "Crimewatch".
George, who stalked women and took thousands of photographs of them as they walked home, was first convicted of her murder in 2001. He lost an appeal against his conviction in 2002.
Dando was one of the most popular figures on television and thousands of viewers turned out to pay their respects at her funeral in her home town of Weston-super-Mare, Somerset.
She was engaged to gynaecologist Alan Farthing at the time of her murder.
Chronology
The following is a chronology of the main events in the case:
April 26, 1999: Dando is shot outside her home in Fulham, west London. She was killed by a single gunshot to the head.
May 25, 2000: Police arrest unemployed musician Barry George at his home, less than a mile from Dando's house.
May 28, 2000: George, who called himself Barry Bulsara and claimed to be related to the late Queen singer Freddie Mercury, is charged with murder.
February 26, 2001: He goes on trial at the Old Bailey.
July 2, 2001: George is jailed for life after being found guilty of murder.
July 29, 2002: The Court of Appeal upholds the conviction.
December 16, 2002: The House of Lords rejects an appeal by George against that decision, saying the evidence was "compelling".
September 5, 2006: BBC's "Panorama" says a new interpretation of the forensic evidence casts doubt on George's conviction.
June 20, 2007: Criminal Cases Review Commission refers the conviction to the Court of Appeal.
November 5, 2007: George begins second appeal.
November 15, 2007: He wins the appeal and gets a retrial.
August 1, 2008: George is cleared of murder at the Old Bailey.
BRAZILLIAN MAN KILLED BY INCOMPETENT BRITISH ANTI TERRORIST OFFICERS
The man mistaken for a suicide bomber by police was shot eight times, an inquest into his death has heard.
Brazilian Jean Charles de Menezes, 27, was shot seven times in the head and once in the shoulder, at Stockwell Tube station, south London, on Friday.
Det Insp Elizabeth Baker revealed the details at a hearing in London.
Security sources said Mr Menezes had an out-of-date visa, but his family denied this. Foreign Secretary Jack Straw said he believed he was legally in the UK.
Mr Menezes' cousin, Alex Pereira, who is based in London, said the police would "kill thousands of people" if they were not held accountable for what had happened at Stockwell.
World press ponder attacks
Victim's final journey
He said: "They just kill the first person they see, that's what they did. They killed my cousin, they could kill anyone."
Brazilian media reports say British human rights lawyer Gareth Peirce is acting as the family's legal adviser, amid reports that they are considering suing Scotland Yard.
The Independent Police Complaints Commission (IPCC) will investigate the shooting.
Nick Hardwick, head of the IPCC, said the commission needs to find out the truth of what happened "to ensure it can never happen again".
He said that "if people haven't acted in accordance with the law and their training" they would be held accountable.
Mr Straw met Brazilian Foreign Minister Celso Amorim in London, where they discussed the return of Mr Menezes' body to Brazil.
Both Mr Straw and Mr Amorim said they believed he was living in the UK legally - though there are reports that his precise immigration status is still being checked.
"I haven't got any precise information on his immigration status, my understanding is he was here lawfully," Mr Straw said.
The Home Office could not confirm his immigration status but said they were looking into it "as a matter of urgency".
Suspects named
Meanwhile, detectives are still hunting for the men who attempted to blow up three London Tube trains and a bus last Thursday.
Consider the choice that faced police officers at Stockwell last Friday - and be glad you did not have to take it
Ken Livingstone
London mayor
A total of five people have been arrested in connection with the attempted bombings and the police have named two suspects: Muktar Said-Ibrahim, 27, also known as Muktar Mohammed-Said, and Yasin Hassan Omar, 24.
'Support police'
Tony Blair said he was "desperately sorry" an innocent man had lost his life.
The prime minister said it was right for Britain to express its "sorrow and deep sympathy" to Mr Menezes' family.
But he said the police must be supported in doing their job.
He added that they would have been criticised had the suspect turned out to be a terrorist and they had failed to take action.
Mr Menezes' cousin says the police "must pay"
London Mayor Ken Livingstone described Mr Menezes as a "victim of the terrorist attacks".
He said: "Consider the choice that faced police officers at Stockwell last Friday - and be glad you did not have to take it."
On Friday morning, Mr Menezes had left his flat in Tulse Hill and boarded a bus towards Stockwell Tube station.
He had been followed by police, who had his block of flats under surveillance.
When he was challenged by police in the Tube station, he fled, reportedly leaping the ticket barrier.
If you are going to have a war on terror, you have got to use brains to fight it not just brute force
Maria do Socorro
Over the past year there have been an increased number of immigration checks at Tube stations - a policy widely reported in Brazilian papers in London.
Police chased him on to a Tube train where he was shot dead.
Cancer treatment
In Brazil, relatives are demanding answers as to why Mr Menezes ran and why he was shot by police.
Cousin Maria do Socorro, speaking before his immigration status had been questioned, said she thought the police had acted "like amateurs".
She told BBC Radio 4's Today programme: "If you are going to have a war on terror, you have got to use brains to fight it not just brute force."
Ms Socorro said the family were considering suing over the shooting.
Friends of Mr Menezes in London said he had recently returned to Brazil for eight months to be with his father, who was being treated for cancer.
Fausto Soares, 26, said Mr Menezes had been sending money to pay for the treatment and was concerned how the family would now cope financially.
BBC home affairs correspondent Danny Shaw said the type of visa Mr Menezes had been given would normally be valid for one-and-a-half to two years.
He said Mr Menezes had not renewed the visa, adding: "That wouldn't explain why he was shot, but it might provide an explanation as to why he ran away - if that is indeed what he did do."
IMAGINE OFFERING 15,000 POUNDS FOR A DEAD MAN THATS THEIR STYLE IN BRITAIN
Opinion Environment Sport Life & Style Arts & Entertainment Travel Money IndyBest Student Offers from The Independent & The Independent on Sunday Home > News > UK > Crime
'Disgusted' parents reject Met's offer of £15,000 compensation for dead son
By Severin Carrell
Sunday, 21 August 2005
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Met chief: I was kept in the dark on Tube killing
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The parents of the Brazilian electrician shot dead by police were offered £15,000 in compensation for the loss of their son, raising allegations that the family were being bought off.
The offer was made to the mother and father of Jean Charles de Menezes by a senior Metropolitan Police commander during a hurried meeting arranged eight days after the electrician was shot dead at Stockwell tube station.
His grieving parents, Maria de Menezes, 59, and Matozinhos, 66, claim they were pressurised into agreeing to the meeting with Deputy Assistant Commissioner John Yates at their home in the remote town of Gonzaga, with less than a day's notice.
Jean Charles's brother, Giovani, told The Mail on Sunday: "They thought we were poor people, stupid people. We may be poor but we are not that stupid. We will not exchange money for my brother's life - but we will punish them."
However, the money was offered as part of a larger financial package prepared by the Metropolitan Police to fund the family's funeral and travel expenses. The force insists it was not trying to buy the family's silence, but making a genuine offer of help.
The typed letter, written in English, also promised to pay for his body to be flown home, air tickets for close relatives, the funeral costs and some legal expenses for the family. The £15,000 offer, the letter stressed, was an ex gratia payment "paid without any consideration of legal liability or responsibility" - including possible legal action against the force. However, newspaper claims yesterday that the force had offered $1m (£560,000) were dismissed as wholly untrue by the Met.
The family felt insulted by the £15,000 offer, Mrs de Menezes said. "I thought it was disgusting for this policeman to be talking about money when my son was only just buried. I did not like having to sit near such a man."
Although the police letter advised them to get advice from the family's lawyers in Britain, the de Menezes's claim their requests to postpone the meeting until their lawyer could get to them were turned down by Mr Yates.
"We do not want money in exchange for Jean's life, but we want to punish them - so we want a lot of money. We are also concentrating on making sure these policemen go to prison," said Giovani.
The incident adds to the family's wider complaints about their treatment by the police and is consistent with their repeated demands for judicial action against the Metropolitan Police.
The family's campaigners, Justice4Jean, allege that close relatives who flew into Britain on Sunday 24 July, two days after his killing, were given a hotel on the outskirts of London and had the phone to their room cut off.
Their contacts with the police were restricted to two family liaison officers, and they were refused meetings with senior force commanders. Family members in London and Brazil also protest that their requests for detailed information were turned down.
However, his relatives did discover - from remarks to them by their police liaison officer soon after they arrived in London - that CCTV footage from Stockwell station had shown Jean Charles walking calmly into the station.
In contrast to widely circulated eyewitness claims that he had been seen running into the ticket hall and had vaulted the ticket barriers, the family were unofficially told that he had used his Oyster travel pass. And, they were told, he was dressed in a lightweight denim jacket, not the bulky coat which some witnesses claimed.
Those disclosures were confirmed last week when a confidential dossier compiled by the Independent Police Complaints Commission (IPCC) was leaked to ITV News. Those papers also revealed that Jean Charles had neither run from police nor resisted arrest, before being seized by an undercover officer and then shot dead at close range.
His mother said: "Now I know the real truth about why they killed him, I am so hurt I can't sleep. First they killed my son, now they are killing me. I take sleeping pills but still I wake in the night shaking."
Her son Giovani added: "When Jean came home in his coffin, they had bandaged the top of his head. My mother screamed and screamed. Why did they have to use this many bullets? Was it revenge because they thought he was one of the bombers?"
The family's lawyers say his parents and close relatives remain deeply unhappy about the Met's claims that it is unable to answer questions because the shooting is now being investigated by the IPCC.
According to Gareth Peirce, their London-based solicitor, this "reticence" is in stark contrast to the police's mistaken claims on the day of the shooting that Jean Charles was "directly linked" to the terror investigation. "We express incredulity that senior police officers would have made extravagant claims from the outset without first informing themselves of the true facts. To have done anything else was negligent in the extreme," Ms Peirce said
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