MOJUK: Newsletter ‘Inside Out’ No 28
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Dear MOJUK

'Rights, justice, truth, due process, all are grist to the mill of our politicians and judiciary and all is ground to dust'

I haven’t written to thank you for your continuing interest in the blatant injustice of my case and continued imprisonment. For quite some time now, I seem to find myself in the slough of despondency from which I am unable to extricate myself.

It was my 70th birthday in May and that doesn’t exactly cheer me up. It should be a time of reflection on the past, not the realisation that one is ensnared by the most anti-democratic and evil government, judiciary and civil service in Europe and I have lost the rage that is the right of anyone so persecuted as myself.

Round and round one goes in this country, like a dog chasing its tail. Every effort one makes is strewn with hurdles and the last one always has a brick wall behind it to dash oneself against. So you pick yourself up an try another path and another few years are wasted. Rights, justice, truth, due process, all are grist to the mill of our politicians and judiciary and all is ground to dust. The CCRC is just another branch of the Home Office, a fig leaf to hide behind. Its only real function is to employ the favoured few who know what is expected of it and duly supply the smoke behind which so much suffering and injustice are hidden. When the CCRC can say "It doesn’t matter the reasons you had no barrister or solicitor at trial, it is still not grounds for a new appeal". And then the European Court choose to ignore their own ruling that everyone has right to legal counsel, is it any wonder that one despairs.

Even the general public appear to recognise their helplessness in having a say in how the country is run. The lowest election poll since 1918, why? because it is plain to see that private and corporate wealth has the ear of government, no matter which party gets in. So why bother to vote and give fools and government the opportunity to claim this is a democracy?

I had been denied council at trial on the grounds my defence was political, they chose to do this to hide the facts .In 1988 we must have been the only country in the world to operate such a ban. Not having a barrister or solicitor to argue against the imposition of a discretionary life sentence as demanded by law. The courts then refused on three occasions in 1999 to allow my new solicitor to argue my case in person when setting a tariff, as was again my right The wole life sentence being ilegal.

Now whilst admitting they were wrong to deny my solicitor the right to represent me on the tariff hearing - this was impossible to deny - my having all the correspondence - the government, instead of grating me an immediate discharge, having already served 13 months longer than the twelve and a half year tariff set by themselves, without hearing arguments from my solicitor. They have offered by way of recompense or readjustment to pay all my legal costs, which myself having no money and therefore being on legal aid, means one branch of the government writing out a cheque for another branch. One cam imagine the cynical smirks at this whimsical solution.

The governments of America and Britain have swung so far to the right and seem hell bent on leading others down this path. That many millions who today would probably just shrug their shoulders if they new of the contempt with which the law had been treated by those sworn to uphold it. May in the not too distant future, themselves be suffering under the "new order’ whose watch word and guiding principal (a unappropriate word for those who have none) will be ‘Control and Obedience’.

My feelings do take over when I touch on my case, all I meant to was write a thank you for your continuing interest. I am still underweight to the point where both my hips cause some pain all the time there being nothing to cushion them when I line on either side and two weeks ago the optician found a leaking blood vessel behind my left eye which he feels in probably a symptom of my high blood pressure for which i have bee taking tablets for six months now.

Let us hope Susan May benefits from her new appeal even if it is really seen as a sop to justice from those charged with administering it.

May her strength of purpose prove stronger than mine.

Respect and Sincere best wishes to everyone

Ronnie Easterbrook HMP Whitemoore

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News From the ‘Innocent Eddie Gilfoyle Campaign’

Appeal Court Meeting Liverpool

The meeting in April called by Eddie’s solicitor Campbell Malone to discuss the role of the Appeal Court was very well attended by campaigns and individuals from all parts of the country. The meeting was to address the following questions;

‘Is the Court of Appeal an impartial tribunal?’

‘Should the Court of Appeal decide what evidence may or may not influence a jury?’

‘Is the Court of Appeal taking away our right to be tried by our peers?’

Campbell Malone is highly regarded by his colleagues within the legal profession and is well respected in miscarriage of justice circles. He has a number of other cases waiting to be heard at the Court of Appeal and he is determined to make a stand by publicly questioning the role and the fairness of the Appeal Court Judges. He has been courageous enough to state his position on this issue and we as campaigners must give him our support by helping him to highlight the deficiencies in the Appeal Court process. At some point or other, all of our cases are dealt with at the Court of Appeal and if we can come together with the lawyers to change the attitude of the Judges then this is surely an opportunity not to be missed. He said that there are clear signs that the Judges at the Court of Appeal are not dealing fairly with new evidence presented to them and that the Judges are stepping into the role of the jury by deciding what evidence may or may not influence a jury. He said over the years there has been a definite pattern and trend. He and his colleagues find this very worrying.

The Appeal Court Judges are manipulating the law and past case precedents to reject cases brought to appeal. This impacts on the Criminal Cases Review Commission who are applying the same tests and refusing to refer cases back to appeal. The CCRC are fast becoming yet another branch of an oppressive administration.

It is significant that the legal profession are prepared to speak out about this issue. It is also significant that they are asking for the support of campaigns and campaigning individuals. Such a campaign for change, underpinned by the legal profession, will be seen as a powerful movement for a complete overhaul of the Appeal Court process. Campbell Malone feels passionately about this issue and wants to instigate serious debate amongst his professional colleagues. He said there are many examples of cases that can be used to illustrate the failings of the Court of Appeal.

Good contributions and ideas were received from the floor and it was clear that this issue will as a natural consequence bring in other issues of which we are all concerned about such as the admissibility of certain types of evidence and the fairness of having to discover completely new evidence before an appeal can be granted.

Campbell Malone was very much in favour of a future demonstration possibly outside the Court of Appeal itself.

As a first positive step Campbell Malone promised to arrange a further meeting in London in about June or early July. He told the meeting that he intends to put together a formidable platform of speakers from the legal profession. He wants to invite the media and other agencies.

True to his word Campbell Malone has fulfilled his promise and he has arranged the meeting for 6pm Wednesday 4th July 2001 at Conway Hall, Red Lion Square, London WC1 (nearest tube Holborn). The main speakers include Michael Mansfield QC and solicitor Jim Nichol. As many of you will know Michael Mansfield has fought many a battle in the Appeal Court. Jim Nichol has conduct of the Pendleton Case currently waiting to be heard at the House of Lords. This case will question the role of the Appeal Court itself. Jim Nichol has brought a number of cases to appeal including the Bridgewater 4 Case.

Anyone who has a family member or a friend wrongfully imprisoned should make every effort to attend this meeting. Campaigning groups and organisations must put this meeting high on their agenda. We can support Campbell Malone by publicising the meeting in campaign literature, journals and on the internet. The more people that attend this meeting, the greater the impact on the media and the establishment.

There is much that campaigns and campaigning individuals can do to further this issue whilst at the same time highlighting their own particular case. Publicity is very important for individual cases. You can explain to the local media that your case will at some point be heard at the Court of Appeal and that you have no confidence in getting a fair hearing especially if the lawyers themselves have no confidence in the impartiality of the Judges. Tell the media that the lawyers have organised this meeting in July. Explain that the July meeting is the beginning of a powerful movement to change the way that the Judges are dealing with appeals.

If we are going to change the attitude of the Judges at the Court of Appeal then we believe they will take far more notice of their own colleagues within their own profession than from anyone else. This issue is directed at the very heart of the problem. There is no point in going to the Court of Appeal unless you can be confident of getting a fair hearing.

Campbell Malone has prepared a ‘Statement of Purpose.’ together with a covering letter. He requests that we obtain as many signatures as possible from prominent individuals and organisations to support this issue. You can ask your lawyer, MP, Trade Union, media contacts or anyone of influence for their signature and support. You will find the ‘Statement of Purpose’ and covering letter enclosed with this newsletter. As with any campaign it is important to monitor the level of support and we ask that completed ‘Statement of Purpose’ forms are returned to Campbell Malone. His address is on the form. Alternatively if you can get the form signed bring it with you to the meeting in London on the 4th July.

Remember: Whatever Your Involvement In The Criminal Justice System – All Roads Lead To The Court Of Appeal……….

Please do what you can to bring attention to this important issue, which clearly affects us all.

Other News

As Eddie’s case was being prepared for submission to the European Court his previous solicitor who prepared his trial was sent to prison.

On the 4th of May 2001 David Moore appeared before Liverpool Crown Court charged with offences of dishonesty involving the misappropriation of nearly £70,000 of clients money. He admitted six charges of theft, four of false accounting and one of forgery. He also asked for 28 other offences of false accounting to be taken into consideration. Amongst other things he stole £6,250 compensation, which should have been paid to a 14-year-old boy and £10,500 from a 68-year-old woman. He was sentenced to 12 months imprisonment.

When we tried to make a complaint about Mr Moore to the Office for the Supervision of Solicitors (OSS) about the inadequacies in the preparation of Eddie’s defence at trial, they refused to take any discipline action against him because he was said to be sick. He is obviously well enough to be sent to prison so how can the OSS say he was too sick to face disciplinary action over the way he failed Eddie Gilfoyle?

Eddie has finally done it and changed his name by deed poll. Eddie’s previous full name was Norman Edward Gilfoyle. His legal new name is Innocent Norman Edward Gilfoyle. Please ensure that all mail sent to Eddie is addressed to include the name Innocent otherwise the prison authorities may not deliver his mail. They already have a bee in their bonnet because all of Eddie’s prison records will need to be changed to accommodate his new name. We cannot wait for the day when Eddie next appears at the Court of Appeal and will have to be announced as Innocent Eddie Gilfoyle.

Please note that the campaign address has now changed.

Susan Caddick

PO Box 1845,

Stoke On Trent

ST7 4EG

Telephone 0781 501 2372

Many Thanks for your recent contributions to the campaign. We have been overwhelmed by your kindness and generosity. It truly gives us the strength and fortitude to carry on fighting the establishment to secure the release of Eddie.

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