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.At this stage, I need hardly remind you that all of the other samples, voluntary provided by the members of the public, had already been destroyed as promised by the police.”“When this, the Clarkson case, came to trial, the prosecution stressed they were not offering any DNA evidence against my client, relying instead on the perjured evidence before you.”“Later, during the appeal hearing, the prosecution were allowed to introduce DNA evidence taken from the underwear of the dead women, and according to their expert this new evidence proved to match the sample from my client which had not been destroyed.I respectfully submit that this piece of gross deception was a breach of the rights of my client under article six of The Human Rights Act.”“During this appeal, and as you will see from the transcripts before you, the counsel for the prosecution stated, and I quote, ‘With this new evidence which was not available at the murder trial, it was just as if Harry Thompson had gone to the police and confessed to the crime.I respectfully submit that this serves to underline that breach of my client’s human rights because, under Article Six of the said Act all people, not just my client but all people have a right to silence, and this right, was taken from my client.”“In making this appeal, I must now refer your Lordships to the recent ruling in the European Courts, which ruled that all people had a fundamental right to silence, and the exercise of this basic right should not be held against them in any court of law.”“In conclusion, may I say if you find in favour of my client on this basic issue, I trust you will bear in mind my earlier remarks regarding the perjured evidence, produced at the trial, which weighed so heavily against him.”As Irene sat down, Sir Gordon Nuttall-Jones rose from his seat.He cast a long look around the court which took in their lordships who were waiting for him to begin.He cleared his throat quite loudly, as if he needed to summon all eyes upon him, then rather tentatively, he began, “Your Lordships, You have just heard from my learned friend that much of the evidence presented at the trial of her client was perjured, and false.With the benefit of hindsight, which none of us had at the time of the trial, and after reading the evidence produced in support of this, I have to say without any hesitation, I agree with her.I need hardly say more than, if this had been known at the time of the trial, then it is highly unlikely her client would have been found guilty of anything, let alone murder.In these circumstances, however, that would have constituted an even bigger travesty of justice because a murderer would have been found not guilty.“It is only now, with the superior knowledge available to the forensic scientists, that human samples can be taken from clothing and analysed.In this case, samples of semen, collected from the undergarments of the deceased women, were found to match a sample from Harry Thompson which proves conclusively that he was at the murder scenes and it is impossible for him to deny it.Quite simply, those facts cannot lie.”“Whilst I can support the Human Rights Act as being an important piece of legislation, albeit long overdue, I must plead with your Lordships that the interpretation which you are being asked to place upon it today borders upon the ridiculous.Here we have open and shut cases, proving that a person who may well have escaped punishment in the first instance due to the circumstances already stated, may well be acquitted simply because somebody did not ask him, or his defence team, whether or not his sample could be used in another test.Obviously, I need hardly point out, had this same test been available from the start, then this issue could not have arisen and my learned friend’s client would be stuck behind bars where he clearly belongs.”“All I can say is, if you find for the defence on this issue, it will be a very sad day indeed for British justice.” As he sat down, he looked across at Irene and the look on his face said it all.Irene sat there listening impassively.She made no move to object to anything which had been said by Sir Gordon, she knew she could have stepped in when Sir Gordon remarked about her client being at the scene, but this wasn’t the time, or the moment.First, and foremost, there was still work to be done regarding other people, and other suspects so, for the time being it was simply one step at a time.With the legal arguments, and submissions, out of the way, it was up to their Lordships to consider their verdict [ Pobierz całość w formacie PDF ]