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Two quotes from the Judgement - Ed Henry KC (for Malkinson) on police Failure to Disclose evidence. The Court of Appeal finds the conviction must be quashed.
64 Mr Henry has, however, persuaded us that the
failure to disclose these photographs was highly material.
65 We accept Mr Henry’s submission that, if the
photographs had been disclosed, the jury’s verdicts may have been different.
This is SOOO important because it shows that the CCRC - who had this evidence of Failure to Disclose when they TWICE rejected Malkinson's applicatiuon - are NOT FIT FOR PURPOSE. They consider something not to pass the Real Possibility test when it is declared by Court of Appeal judges that it DOES pass the test. How many other decisions have the CCRC got wrong?
This tragic case does seem to reveal an institutional bias in the CCRC towards assuming fair convictions. Which is a little like your GP having an assumption you are in perfect health when you visit. Stuff will be missed...