London Activist John Jordan's 1997 Conviction Quashed
Tony Gosling
tony at cultureshop.org.uk
Wed Oct 8 11:33:23 BST 2014
>From: John O <mojuk at mojuk.org.uk>
>Subject: News & Views - Friday 3rd October 2014
>X-MDF-HostID: 8
>
>=========================
> Miscarriages of JusticeUK (MOJUK) News Service
>=========================
>
>- John Jordan 1997 Conviction Quashed
>- 55% Rise in Actions Against Solicitors
>- Pigeon Terrorists - Birds' Bums Inspected For Explosives
>
>************************************************************
>John Jordan 1997 Conviction Quashed
>This week, Southwark Crown Court allowed the appeals against
>convictions of John Jordan, an environmental and social justice
>campaigner, prosecuted as a result of his involvement in a protest
>in 1996. The court found that the trial process, from start to
>finish, had been tainted by the involvement of an undercover police
>officer. That officer - Jim Boyling, known as 'Jim Sutton' - was
>involved in the protest in which John Jordan participated, was
>arrested and prosecuted for an offence as well, was party to
>confidential legal discussions between John Jordan and his lawyers
>by pretending to be a genuine co-defendant and then gave evidence in
>court at the trial in his assumed identity.
>
>Mike Schwarz, John Jordan's lawyer in 1997 and since, said: "This
>case has disturbing and significant features which are different to
>the other 50-odd miscarriages caused by undercover policing and
>quashed by the courts. All the other cases involved police officer
>Mark Kennedy and the National Public Order Intelligence Unit and
>were recent. John Jordan's case involves Jim Boyling and the Special
>Demonstration Squad and took place in the 1990s. It involved an
>undercover police officer deliberately breaching lawyer-client
>confidentiality and giving evidence, as a defendant, in court under
>oath in an assumed name and identity.
>
>But all these cases share two characteristics. They have been
>exposed by the efforts of campaigners, journalists and those close
>to and duped by the police officers, often at great personal cost.
>And the police, prosecution and authorities have done all they can
>to resist exposure. This case is not over yet. The BBC, Guardian and
>Press Association have joined John Jordan's efforts to get a full
>explanation of what happened in the 1990s and what, if anything, is
>being done now to identify those responsible and stop this happening again."
><http://www.bindmans.com/news-and-events/news-article/courts-quash-conviction-from-1997-as-a-result-of-involvement-of-undercover-police>Bindmans
>Solicitors
>
>************************************************************
>A, R v (Rev 1) [2014] NICA 2 - Convictions of Sexual Assault Quashed
>[1] This is an appeal against conviction on two counts of sexual
>assault. Leave to appeal was granted by Deeny J acting as the single
>judge. The appellant was tried on a total of nine counts of various
>sexual offences against the daughter of his long-term partner ("the
>complainant"). These offences as alleged by the complainant occurred
>during four distinct incidents. The jury convicted him on two of the
>counts but acquitted him on the remaining seven counts. Mr
>MacCreanor QC and Mr Hunt appeared for the appellant. Mr Mateer QC
>and Mr Magill appeared on behalf of the Crown. The Court is indebted
>to counsel for their helpful written and oral submissions.
>
>[2] The appellant's grounds of appeal against conviction can be
>summarised as follows:
>
> (i) The guilty verdicts are inconsistent with the not guilty verdicts.
>
> (ii) The prosecution's closing speech was unfair and prejudicial.
>
> (iii) The trial judge's summing up was inadequate in respect of
> the lack of independent evidence.
>
> (iv) The trial judge failed to give an adequate 'Makanjoula' warning.
>
> (v) The trial judge's summing up was unbalanced in respect of
> the quality and reliability of the complainant's evidence.
>
> (vi) The convictions are unsafe.
>[3] The appellant was returned for trial on 2 March 2011 on a total
>of 9 counts of sexual offences allegedly committed against the same
>complainant on four distinct occasions between 14 June 2009 and 5
>September 2010. He appeared at Belfast Crown Court on 4 April 2011
>and pleaded not guilty to all charges upon being arraigned. His
>trial commenced on 3 December 2012 before His Honour Judge Kinney
>("the trial judge") sitting with a jury. On 11 December 2012 the
>jury returned the following verdicts: Counts 1/3/5/6/7/8/9 not
>guilty - Counts 2/4 guilty
>
>[4] On 15 March 2013 the trial judge sentenced the appellant to 3
>years' probation which included a requirement to attend the
>Community Sex Offenders Group Work Programme. A Sexual Offences
>Prevention Order was also imposed and the appellant was further
>notified that he would be subject to the sexual offences
>notification requirements for 5 years.
>
>Disposal of the Appeal
>[23] Since for the reasons given the trial judge's charge did not
>adequately direct the jury on these issues we must quash the
>convictions on counts 2 and 4. We will hear counsel on the question
>of any application for a retrial.
>http://www.bailii.org/nie/cases/NICA/2014/2.html
>
>
>******************************************************
>55% Rise in Actions Against Solicitors
>The number of new disciplinary matters involving solicitors has
>increased by 55% this year, Solicitors Regulation Authority papers
>have revealed. A report by the regulator's legal and enforcement
>sector shows 90 new proceedings opened in the first eight months of
>2014, compared with 58 in the same period in 2013.
>
>The SRA said analysis will be undertaken to gain a better
>understanding of the causes of the increase. The papers, prepared
>for yesterday's meeting of the regulatory risk committee, also show
>189 disciplinary cases were in progress at the end of August.
>
>******************************************************
>International Wrongful Conviction Day Thursday 2nd October 2014
>Wrongful Conviction Day informs the general public, on an
>international level, that wrongful convictions have occurred, are
>occurring and will continue to occur in the future. There's a need
>to change our system to uncover them and avoid them in future.
>The right not to be convicted of a crime you didn't commit is a
>human right-and if one day a year is a wrongful conviction day,
>that's a good thing.
>
>It's also a day for the wrongfully convicted themselves-for those
>who've managed to get their convictions quashed and those hoping
>that that will happen in the future. It is an acknowledgement of the
>injustice of what's happened to them.
>The right not to be convicted of a crime you didn't commit is a
>human right-and if one day a year is a wrongful conviction day,
>that's a good thing.
>http://wrongfulconvictionsblog.org/
>
>******************************************************
>Pigeon Terrorists - Birds' Bums Inspected For Explosives
>If you're not enjoying your job, spare a thought for the pigeons'
>anus checkers in China. Yes, there is someone checking 10,000 the
>backsides of pigeons. They were examined for explosives ahead of
>National Day, reflecting the government's nervousness about possible
>attacks. They were released in Tiananmen Square as part of the 65th
>anniversary celebrations of the founding of the People's Republic of
>China. Beijing domestic security police officer Guo Chunwei was
>quoted in the Jinghua Times as saying workers checked the wings,
>legs and anus of each pigeon ahead of time to ensure they were "not
>carrying suspicious material." The entire process was videotaped,
>and the birds were then loaded into sealed vehicles for the trip to
>Tiananmen Square, the newspaper said.
>Read more: Police Oracle,
><http://www.policeoracle.com/quirkie/Birds%27-bums-inspected-for-explosives_85689.html>03/10/14
>
>******************************************************
>End of Bulletin
>
>
>
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