Miscarriages of JusticeUK

- Unacceptable Behavior of CCRC
- Michael O'Brien Challenges CPS Decision Not to Charge Police Officer
- Nine Gross Failures Contributed To Death Of Detainee

Unacceptable Behavior of CCRC
It has now become established practice for the CCRC, not to reveal to the appellant or the appellants legal team, some of the reasons for referral, if said reasons are of a sensitive nature. At John Jordan's appeal there will be a closed session to which, neither Mr Jordan or his legal team, will be present, they will never know what evidence has been presented to the court, unless the judge/s choose to make it known. CCRC in January this year, took the same position with their referral of Martin McCauley to the Court of Appeal.

Commission Refers the Case of John Jordan to the Appeal Court

Ministry of Justice Press Release, <http://www.justice.gov.uk/news/press-releases/ccrc/commission-refers-the-case-of-john-jordan-to-the-appeal-court>Wednesday, 31 July 2013

The Criminal Cases Review Commission has referred the conviction of John Jordan to the Crown Court. Mr Jordan was arrested and prosecuted following a Reclaim the Streets protest in August 1996. In January 1997 at Horsferry Road Magistrates Court he pleaded not guilty to assault on a police officer and guilty to unlawful possession of a police helmet. He was convicted of both offences and received a conditional discharge for 12 months in relation to the first and an absolute discharge in relation to the second.

In May 1997 Mr Jordan appealed against his assault conviction but the appeal was dismissed. He applied to the Criminal Cases Review Commission in September 2011 for a review of his convictions for both offences.

Following a detailed investigation, the Commission has decided to refer Mr Jordan's case to the Crown Court because it considers that there is a real possibility that the court will not uphold the convictions.

Some of the material on which the referral is based is of a sensitive nature. Full details of the reasons for the referral are being supplied to the appeal court and to the Crown Prosecution Service in a confidential annex to the statement giving the Commission's reasons for the referral. Mr Jordan and his representatives have not been provided with that confidential annex but have been supplied with a summary of the reasons for referral.

It will now be for the court hearing the appeal to decide whether or not to uphold the conviction and to decide what, if anything, it is appropriate to disclose about the specific reasons for referral.

Mr Jordan is represented by Mike Schwarz of Bindmans Solicitors, 275 Gray's Inn Road, London WC1X 8QB.

Michael O'Brien Challenges CPS Decision Not to Charge Police Officer
On 17 July 2013 the High Court granted permission to challenge a decision not to charge a former Detective Inspector with perverting the course of justice and perjury in relation to a false allegation of murder made against Michael O'Brien in 1988. Nogah Ofer acts for Michael O'Brien. Michael O'Brien spent 11 years in prison after a Detective Inspector fabricated a "cell confession" to bolster a murder prosecution. He alleges that the decision not to charge the officer was itself unlawful and results from lack of even-handedness by the CPS.

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Nine Gross Failures Contributed To Death Of Detainee
An inquest jury has found that ambulance staff, police officers and a police doctor committed multiple gross failings in their treatment of an intoxicated detainee, Mr Andrjez Rymarzak, who died in Chelsea Police Station. Nogah Ofer of Bhatt Murphy acted for the deceased's family.

The jury sitting at Westminster Coroner's Court returned the neglect verdict on 15 July 2013. Following Mr Rymarzak's death, the Metropolitan Police conducted research which revealed consistently low levels of compliance with policies designed to safeguard intoxicated detainees across London. A Met Chief Superintendent gave evidence at the inquest that these research findings were "shocking".

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