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Justice for Ian Thomas |
----------Ian
Thomas |
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Ian Thomas is a Liverpool man who is the victim of a gross miscarriage of justice. Ian has been convicted and sentenced to Life imprisonment twice for the same crime on exactly the same tenuous and speculative circumstantial evidence. There are no confessions or admissions of guilt, no witnesses to any crime, no medical, or psychiatric evidence, no pathological evidence, and no forensic evidence of any sort that stands against Ian in this case. Ian was first convicted in 1992 of the murder of his partner in 1990. In 1994, the conviction was overturned on appeal, the Appeal Court judges accepting that Ian had always maintained his innocence, that the conviction was based entirely on circumstantial evidence, and that vital corroborative evidence 'in his defence had been wrongly kept from the jury A retrial was ordered, but the jury were again prevented from hearing that vital evidence and Ian was convicted for the second time. Appeal Court judges at a second appeal in 1996 contradicted those in the first appeal and upheld the conviction, so Ian is now the victim of contradictory Appeal Court rulings, and both convictions were given by juries unaware of that vitally important defence evidence. However, there is far more involved in this case than what you have just read. Why is the conviction still unsafe! Vitally important corroborative defence evidence was twice prevented from reaching the jury - a situation that has never been properly addressed by the appeals process. Fresh evidence by way of forensic opinion casts doubt on the prosecution case, the alleged cause of death and the adequacy of the police investigation. Fresh evidence comes from witnesses whose account is clearly inconsistent with the police and prosecution version of events. Crucially that evidence was never disclosed by the police. The original police investigation was so flawed that it became impossible for Ian to have a fair trial - which now also constitutes a breach of the European Convention on Human Rights (E.C.H.R.). There is no "proof beyond reasonable doubt" that Ian is guilty of anything, let alone murder! The whole case is based on nothing more than flimsy and speculative circumstantial evidence, and the Crown Prosecution Service, (C.P.S.), have admitted as much in a letter to lans family. The Criminal Cases Review Commission (C.C.R.C.) Have acknowledged that the conviction is "unsafe" by referring it back to the Court of Appeal for a further appeal against conviction. They can only do so if they are sure there is a good chance that the conviction will be overturned. Whats happened since the 2nd conviction and appeal As noted, following a 2 year investigation, the Criminal Cases Review Commission have referred the case back to the Court of Appeal, primarily because of the failings of Merseyside Police. The case was also referred to by the Law Commission, (Law Comm. Report no 245), *in relation to Defence evidence that was not admissible in court. The Law Commission cited that evidence as being "exculpatory" - in other words, showing Ian to be free from any blame. The Government have subsequently accepted the Law Commission proposals for a change *in the law, in part relying on Ian's case to do so. Clearly there was a fault in the law, which further supports the claim that the conviction cannot be "safe", and that it was impossible for Ian to have had a fair trial. A Police Complaints investigation was reluctantly instigated by the Police Complaints Authority, who said it wasn't that they didn't believe Ian, but they felt they couldn't substantiate any complaints under the old standard of proof beyond reasonable doubt. Under the new standard, the Balance of Probabilities, comments from police officers themselves would have proven them guilty of plea-bargaining, bullying, detention under false pretences, and a host of other irregularities. However, despite that disappointing result, Ian has been supported for a long time by organisations such as Liverpool Liberty, a member of the National Civil Rights Group. The case was also featured on Channel 4's "Clear My Name", a TV programme made by the producers of "Trial & Error". More and more individuals, professionals and notable organisations have added their support, and it is here that you too can make a difference. What you can do to help You may feel that this is nothing to do with you and that you shouldn't get involved. Thats perfectly understandable, but please remember that Ian has done nothing wrong, and that a killer or killers are still walking the streets. This time it is Ian in those circumstances, but what if it was someone you knew personally, someone close to you, or maybe even you yourself. Surely then you would want others to do their best to help you correct any miscarriage of justice? Even though the case is now going back to the Court of Appeal, Ian still needs your help until his name has been cleared. There are several ways that you can help. * Write to Ian's MP, Jane Kennedy, or write to your own MP voicing your concern. + Publicly speak out in support of Ian and encourage others to help. * You can contact Ian, his family, or their supporters for further information. * You can join the growing number of Ian's supporters by signing the public petition. * Or, simply write to Ian or his family to offer moral support. Contact details - Please contact any of the following for further information. Thank you. Ian Thomas DV0453 Arthur Thomas, (Ian's
father) Please copy and distribute this information. |
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