ISSUE 1: SUMMER 2011

INQUIRY THE QUARTERLY NEWSLE TTER OF THE INNOCENCE NETWORK UK

THE SUGAYA STORY: CR OSS CULTURAL HISTORY , JAPANESE INSIDE THIS ISSUE: JURISDICTION &

FEATURE: THE 1 By Jack Adams, deceive you into thinking it is a warm day when SUGAYA STORY Churchill Fellow, Project Director, Human Rights there is actually quite a sneaky cold edge to it. As BY JACK ADAMS TV the wind nipped at my fingers I stood in the car park of a Pachinko Hall filming Mrs Nishimaki I would like to present you with the story of the talking and pointing. This was where the four year EDITORS’ NOTE 2 Sugaya Case (1) but not as an academic text or old girl was snatched before she was taken away, a legal opinion, I want to present a human story. raped and murdered, Takayama efficiently trans- F E A T U R E : 5 We all know and appreciate the work of INUK lated. The coldness of the day somehow pene- trated my heart in that moment. I instinctively and P R E S U M E D and one of the reasons why it has such a pow- G U I L T Y erful impact is because its work touches our immediately wondered if this man was truly inno- own humanity. Can there be a worse situation in cent and if I could interview him later without BY MICHAEL life than to watch the sand in the hour glass of emotion. Yes, an instinctive reaction on being BARNES your life dwindle away whilst you sit in a prison brought face to face with the crime, an unprofes- convicted of something you didn't do? The story sional reaction, perhaps even an unjust reaction, NEWS BULLETIN 8 about to be revealed is that of a man losing 17 but a truly human one on hearing the nature of years of his life to a miscarriage of justice. If we the crime committed. A reaction that immediately identified one of the problems with a case of this K E Y N O T E then add the twist of a different culture and a 10 nature. S P E E C H different jurisdiction, those not satisfied by the common humanity of a tale then have a morsel

B Y J U L I A N of something legal or academic to chew over. YOUNG In February 2011 my wife, Akane Takayama, and I arrived in Japan for our regular winter visit S N A P S H O T S 12 to the honourable mother-in-law. Through our FROM THE INUK SPRING CON- work with INUK we knew of a miscarriage case FERENCE in Japan but had no name or any contact de- tails, we just knew the fact that it was a DNA case. As I recovered from a nasty virus (caught BOOK REVIEWS 13 from the worst type of explosive sneezing pas- senger you could ever wish to spend 10 hours on a plane with) Takayama set about identifying

and tracking this case down. Personal recovery and her inevitable success led to us to taking a 3 hour train journey out of Tokyo to some pro- The image of Takayama and Nishimaki is from the vincial town I really couldn't tell you the name of video series of the testimony gathered at the scene of crime. (Click for video footage.) right now. All we knew for certain was that an obscure woman had arranged to meet us at the station and had also arranged an hour interview EDITORS in the town hall with Mr Sugaya. As time progressed I began to realise just what a remarkable woman this Mrs Nishimaki is and how Gabe Tan At the station a slender middle aged woman important she was to the whole story. Before I Michael Naughton named Nishimaki met us with a sneeze and an can tell more of this, for those of you who have apology about not feeling all that well. She was no real experience of Japan or Japanese culture, Innocence Network UK (INUK) as polite as Japanese people are and gave the there are some facts you need to know. School of Law, appearance of someone who could be pushed University of Bristol about at will and mostly dismissed as ineffectual As a culture Japan is solid, intact, implacable, for Wills Memorial Building in life. We got into her small car, you know the all practical purposes non-negotiable and funda- Queens Rd sort, I think Suzuki make them, they are for peo- mentally and irrevocably pragmatic in the cause Bristol BS8 1RJ ple without a great need for elbow room and of its own continued existence. Natural disaster, look like an odd box on wheels. As I don't speak nuclear bombing, unconditional surrender, occu- pation by foreigners are all dealt with by that ir- E-mail: Japanese her conversation was through Taka- revocable pragmatism that never allows being Innocence- yama's periodic translation. To my great sur- Japanese to be surrendered. As a point of refer- [email protected] prise I was informed that this woman was going ence, my own definition of culture is: ―Culture is to take us through the scene of crime. We have been working with INUK for three years now but the human response to environment as a se- lected evolutionary preference to physical muta- DESIGN & TYPESETTING this is the first time we had ever been taken through a scene of crime. tion.‖ (2) .→ Gabe Tan The midday sun in a Japanese February can INQUIRY Page 2 THE QUARTERLY NEWSLE TTER OF THE INNOCENCE NETWORK

FROM THE EDITORS

By Gabe Tan & Michael Naughton such as cell-site and CCTV. Welcome to the first issue of INQUIRY, the For this reason, the scope of INQUIRY will quarterly newsletter of the Innocence Net- “We want INQUIRY to be broad and will cover a whole host of top- work UK (INUK). We have titled this newslet- ics relating to wrongful convictions and inno- ter INQUIRY to reflect the ethos of the work be a platform for cence project work both within the UK and of innocence projects: to undertake an ob- stimulating critical internationally. We hope that as INQUIRY jective, extensive investigation to uncover develops, it will become a useful resource the truth behind a convicted person‘s claim dialogues and for academics, students, criminal law practi- of innocence. The title also reflects our vi- tioners, prisoners and third-sector groups in analyses on the sion for this newsletter. We want INQUIRY this area. to be a platform for stimulating critical dia- multifaceted issues logues and analyses on the multifaceted This first issue kicks off with an international issues that encompass the subject of wrong- that encompass the dimension with an inspiring account on the ful convictions. Sugaya case, a recent DNA subject of wrongful case in Japan. It will explore the plight of Indeed, when wrongful convictions occur, convictions.” falsely accused carers and teachers and they often bring to light a wide range of er- how methods frequently used by the police rors and limitations of the criminal justice when investigating such cases reverse the system, from police investigations, trial and presumption of innocence. Also included in appeal procedures, the limitations of forms this issue is a news section, an abridged of evidence, the plight of prisoners maintain- version of the keynote speech by Julian ing innocence who are unable to achieve innocence projects work which often Young at the INUK Spring Conference and parole, the mountain of investigative and involves a variety of disciplines be- book reviews on Claims of Innocence: An procedural obstacles they have to surmount yond criminal law – investigative Introduction to Wrongful Convictions and to have their innocence established and the journalism, forensic science, psy- how they might be Challenged. lack of remedy for those who have over- chiatry, medicine, and even engi- turned their convictions. We hope that you will find INQUIRY an en- neering for those working on cases joyable and thought-provoking read! So too, is the multi-disciplinary nature of involving technological evidence

THE SUGAYA STORY (CO NT)

If you have any doubt about my defini- socially responsible for the good con- his innocence. tion, many do, then I would ask you to duct of their family, the Japanese con- draw from your memory the astoundingly duct of their family. From this basic unit This is an act of Japanese cultural dis- orderly queues of Japanese people post grows an inevitable pyramid of authority, belief. Let's face it, where in Europe or Tsunami. They suffered an apocalyptic a hierarchical system of power and con- America would someone conceive of event of a level I am unaware of another trol, a culture of knowing your place in being a bus driver for young children as leading economy suffering. (3) society‘s queue. (4) the reason why a middle aged man couldn't be a murdering paedophile? Imagine that was London or anywhere in Mrs Nishimaki clearly didn't know her When Sugaya received this letter he had England, perhaps the army wouldn't be place in the legal authority queue but for given up, he was depressed and all the in clearing up the debris, they would be very, very Japanese reasons. As she fight had been beaten out of him. → in dealing with armed looters, murder led us through the crime scene she told and mayhem. The Japanese queued. how she simply could not believe that a They queued because they are Japa- kindergarten school bus driver could nese and Japanese people value order, murder a child. value structure and value pragmatism. Yes the world may nearly have ended For her, the idea that someone charged but they are still Japanese, they queued. with the safe delivery of children to a kindergarten school could harm them If you live in an environment where earth- was impossible. Sugaya was a kinder- quakes are a regular feature and disaster garten bus driver and so was she and is only a breath away at any moment, that was their only social connection. then you need a cultural paradigm which won‘t collapse in the face of such chal- Taking up her deep unease she wrote to lenges. Such a model of culture works Sugaya who was by then convicted and best when there is a firm and unyielding in prison. She said that if he had com- mitted the crime he should immediately This image is from the video testimony given social hierarchy operating at all levels of by Mrs Nishimaki whilst she drove from the society. In Japan the basic unit is the apologise to the parents and serve his pachinko parlour to the riverside. (Click for family, the head of the family is noted in sentence quietly but if he had not then video footage.) the Town Hall Family Register and is he should never ever stop proclaiming ISSUE 1: SUMMER 2011 Page 3

Without this seemingly unimportant have done‖ and then spent 14 hours beating woman legal history would not have been a confession out of him. This confession was “And for as long as made in Japan because she gave Sugaya the fundamental element for the conviction. no-one has the the will to continue proclaiming innocence. My point about familiarity is this, through my moral courage and The justice system in Japan had failed an work with INUK I have found that there are innocent man and cast him into psycho- two salient commonalities in miscarriage of fortitude exampled logical hell. For all the degrees and expen- justice cases. The first is that the police ap- sive training, for all the history and culture pear to identify the victim who will fit the evi- by a kindergarten of those involved in the justice system, dence they have selected. The second is that school bus driver they ultimately proved no match whatso- there is most usually police malpractice ei- ever for a kindergarten school bus driver. ther through bad process management or the essential Mrs Nishimaki was prepared to march to clear corruption. What astounded me was that hell and get Sugaya back. She did this that in another culture, in another jurisdiction, problem of not because she doubted Japanese justice in a very different jurisdiction, at the root of miscarriage, one but that for her the Sugaya Case was not this miscarriage was police malpractice. I felt Japanese justice and that failure to ―be as though I was seeing a wholly obvious which we could Japanese‖ empowered her to challenge truth, so obvious indeed that I am not sure it the otherwise unchallengeable authority of has ever expressed as explicitly as I am go- address, remains the courts. ing to express it now. the worm at the As Nishimaki told the dreadful story of the If there is a common denominator at the root centre of the apple.” abduction and brutal murder of this pitifully level of miscarriage of justice across different young child she began to reveal how her jurisdictions and across different cultures involvement grew. Sugaya eventually re- then tackling miscarriage as an issue cannot plied to her letter confirming his innocence be achieved systemically in any individual and so Mrs Nishimaki immediately set jurisdiction. The fundamental element of all about finding legal representation (5) and miscarriage is cross cultural and therefore establishing a campaign group. She spoke cross jurisdictional. of her early struggles but then revealed the facts behind something which fasci- Paul Blackburn (7) was chosen by the police nated me ever since we had arrived at the to fit the evidence before the system pro- crime scene; how was it she knew the duced the miscarriage. Sugaya was chosen crime scene in such detail? by the police to fit the evidence before the system produced a miscarriage. Others have Apparently Nishimaki realised that in order been chosen by the world's police forces to fit to gather momentum she needed to estab- the evidence they select. lish a credible challenge to the case against Sugaya, not bad for someone If it happens in the U.S.A., if it happens in the without legal training. So she began to U.K. and if it happens in Japan, three differ- look at the confession the police obtained ent cultures, three different jurisdictions, then from Sugaya. Once she read through this we have to ask if it is a phenomenon of a description of events questions about the transnational police culture. Does this pro- proposed time scale arose. In her opinion genitor, police malpractice, appear to be that time frame was physically impossible stemming from the management, psychology to achieve. Armed with this crucial doubt and culture of being a police officer? the kindergarten bus driver and the cam- As this progenitor lies outside of the court paign group physically mapped out the process then the first and primary route to territory of the crime scene. As she took us preventing miscarriage of justice has to be around that scene she brought us to small addressing the failures of police manage- posts planted in the ground to mark the ment and process. key events. The problem with that is, of course, who This civilian reconstruction demonstrated would be the judge or politician that would that in terms of the time frame of the con- stand up and say: ―The best police force in fession there was a fundamental and de- the world is vulnerable to malpractice and monstrable objection to the document. corruption which costs the tax payer millions Sugaya could not physically have commit- of pounds in court costs and compensation ted the crime in the time frame proposed. whilst allowing guilty perpetrators to walk free This was the foundation from which the in society.‖ And for as long as no-one has the This set of images comes from the campaign of many years to free Sugaya moral courage and fortitude exampled by a riverside testimony of Mrs Nishimaki. found a legal credibility. kindergarten school bus driver the essential Possibly one of the most incredible pieces of video testimony in the his- problem of miscarriage, one which we could After our guided and detailed tour we ar- tory of miscarriage of justice, Nishi- rived to interview Sugaya himself. (6) His address, remains the worm at the centre of maki's guided journey through the tale was amazingly familiar. The police the apple. → scene of crime and her contesting of the confession evidence provides a had identified him as the murderer, ar- rested him with the words ―this is what you stark contrast to the judicial process. (Click for video footage.) INQUIRY Page 4 THE QUARTERLY NEWSLE TTER OF THE INNOCENCE NETWORK

THE SUGAYA STORY (CO NT)

“The final link across all cultures and histories is that, as far as I know, no police officer has ever been held fully to account for involvement in victimising and falsely imprisoning an innocent person.” Toshikazu Sugaya, 63, freed on March 2010 after 17 years in prison.

In the meantime the murderer of a four year old child has Perhaps it is also pertinent to recall the anarchy and social never been brought to justice. The police chief in charge of disorder which broke out in parts of New Orleans in contrast the Sugaya investigation allegedly maintains, despite DNA to the civilian response in Japan. evidence proving innocence, a full and public pardon and payment of substantial compensation, that Sugaya is guilty (4) I have made an empirical study of what it is to be Japa- and refuses to offer him an apology. Sugaya and many oth- nese and have written about Japanese authority and identity ers hold suspicions that the identity of the true murderer is in a blog called ―Japanease‖. The article on authority in and has always been known to the police. In the UK, Simon Japanese society can be found here: Hall (8) remains in prison when many believe that the police www.travelinginjapan.blogspot.com/2010/01/mito-komon- have known and have always known the true identity of the understanding-who-is-boss.html. murderer of Joan Albert. The final link across all cultures (5) Mrs Nishimaki went to a support centre. We interviewed and histories is that, as far as I know, no police officer has one of these support centres that were involved in the ever been held fully to account for involvement in the victimi- Sugaya Case and that testimony can be found on: http:// sation and wrongful imprisonment of an innocent person. www.humanrightstv.com/hrtv-japan/rescue-eng/legal- The worst sanction has involved early retirement on full pen- support&vpage=0 sion, surely this is a terrible miscarriage of justice? I (6) Sugaya's own testimony is available but there is no run- Notes: ning English translation. See: http://www.humanrightstv.com/ (1) ―Sugaya, 63, was acquitted on March 26 by the Utsuno- hrtv-japan/271/sugaya-speaks&vpage=0 miya District Court in a retrial that struck down his life sen- (7) Paul Blackburn's testimony can be found on the INUK tence over the murder of Mami Matsuda in the city of Ashi- channel on Human Rights TV: www.humanrightstv.com/ kaga. Sugaya spent more than 17 years behind bars before innocence-inuk/freshfields-nov-2010/freshfields-nov- he was released June 4.‖ (The Japan Times, 2 April 2010) 2010&vpage=0 (2) This definition of culture is one I have developed from (8) Simon Hall remains in prison despite a complete lack of my work in cross cultural research. The definition relies on credible evidence connecting him to the murder of Joan Al- an understanding of the human animal as a part of an evolu- bert. See: http://www.humanrightstv.com/innocence-inuk/ tionary process rather than as an exceptional life form. Pro- simon-hall-innocent/simon-is-innocent&vpage=0. fessor Richard Dawkin's suggestion of a mene as a unit of evolution led to the idea that our major adaptation in evolu- To see the entire video series of the Sugaya Case, in- tionary terms was that of developing thought-forms cluding interviews with Mrs Nishimaki and Mr Sugaya, (cultures) in response to environment in preference to go to: http://www.humanrightstv.com/hrtv-japan. adapting physical form to environment needs. For a Japanese translation of this story, go to: (3) Admittedly Hurricane Katrina in the U.S.A. was a major http://news.humanrightstv.com/news/2011/inuk-launch- event but with a casualty rate of less than 1500 deaths it inquiry-sugaya-case-japanese-text cannot be compared to the scale of the tragedy in Japan.

ISSUE 1: SUMMER 2011 Page 6

PRESUMED GUILTY: THE PLIGHT OF FALSELY A C C U S E D & WRONGLY CONVICTED CARERS & TEACHERS

example, an obvious need to examine By Michael Barnes, Chair, Falsely Accused Car- more closely the motivation and personal ers & Teachers (FACT) histories of those who make the com- plaints, the attitudes and methodology used by those who investigate them, and whether or not the influence of those pro- The material used in this article is a sum- fessions/professionals whose support of mary of a Parliamentary briefing paper Pre- ‗victims‘ unwittingly encourages false alle- sumed Guilty: The plight of falsely accused gations. carers and teachers recently published by F.A.C.T. Most of the research relating to the plight of falsely accused carers and teachers to

date has been to view the problem in the Sir William Blackstone‘s statement that ―it is context of a flawed child protection and better that ten guilty persons escape [justice] judicial system, (3) moral panic (4) and than one innocent suffer‖ has guided legal prac- the manipulation of narratives. (5) Not tise throughout the world for centuries. (1) surprisingly some of those who have sought to provide a balance to the per- Perhaps, therefore, it is not so surprising that ceived view that abuse was (or is) rife in the presumption of innocence is so deeply care homes and residential schools have rooted in our criminal justice system and is now had an uphill struggle to get their views enshrined in the Universal Declaration of Hu- accepted. (6) Fortunately such con- man Rights, the European Convention on Hu- straints have not inhibited attempts by “There is a risk of man Rights, and is enacted domestically in the investigative journalists to expose a cul- losing sight of the UK by the Human Rights Act (1998). ture of false allegations, (7) nor attempts What the presumption of innocence does is by those cleared of allegations of abuse to principle that place a requirement on the criminal justice sys- tell their story. (8) school staff, like tem to always presume that suspects of crime or A decade has almost passed since the defendants in criminal trials did not commit the then Lord Chief Justice, Lord Woolfe, anyone else offence(s) that they are accused of, until such warned that ―the convictions of dozens of accused of time as the State (Crown) can prove they did so men for child sex assaults years after the beyond reasonable doubt. alleged offences may be unsafe.‖ (9) Car- wrongdoing, And, yet, for many people this basic tenet no ers, teachers, healthcare workers and longer holds true. Increasingly popular opinion other professionals still remain vulnerable should be treated to false allegations of abuse or miscon- seems to support the former Master of the Rolls, according to Lord Denning‘s reputed view that, it may be duct. During this period the concerns of better that innocent people should serve life carers and teachers have been the sub- acknowledged sentences, than that the law should be seen to ject of scrutiny by two previous Parliamen- make gross errors.(2) tary Committees. principles of justice In suggesting that it may be better that innocent In July 2002 the House of Commons and should be seen Home Affairs Committee (10) examined people should be punished rather than the law as innocent until be seen to be in error Lord Denning, unwittingly how investigations into abuse in children‘s perhaps, began the process of redefining the homes was conducted, and concluded, proven guilty.” very essence of the word justice. For centuries ―We share the general view that a signifi- justice has meant the pursuit of truth but now, cant number of miscarriages of justice for many falsely accused carers and teachers have occurred‖. In 2008 the Children, (and many other innocent people), justice is Schools and Families Committee revisited more about scapegoating people for the failures the subject in so far as it related to of the State, oppression, and vengeance. schools and warned that, ―There is a risk of losing sight of the principle that school In fairness the judiciary cannot be held responsi- staff, like anyone else accused of wrong- ble for the proliferation of false allegations, al- doing, should be treated according to ac- though some judicial deterrents would be help- knowledged principles of justice and ful. The blame lies entirely with those who should be seen as innocent until proven make, or otherwise encourage, such allegations. guilty. The aim should always be to deal The need to falsely accuse people who, for the with allegations speedily, effectively and most part have unblemished records and have justly, to minimise the cost and the impact dedicated years of their life to either caring for upon those accused.‖ (11) → disadvantaged people, promoting learning, or strengthening community capacities is complex and deserves far more research. There is, for INQUIRY Page 7 THE QUARTERLY NEWSLE TTER OF THE INNOCENCE NETWORK

PRESUMED GUILTY (CON T)

trawling as it is now carried out is that The Government‘s response to both of In June 1994 at Chester Crown Court a it remains an absolutely unregulated these reports was hugely disappointing. complainant alleged that the defendant process which is almost tailor-made Very little has changed. Carers and teach- had thrust a crowbar in his anus, twisted to generate false allegations.‖ (18) ers are just as vulnerable to the risk of false it around and then pulled it out. The bar- allegations and justice miscarrying as they rister produced a crowbar and the claim- It is also a practice unique to abuse were a decade ago. Substantial numbers of ant agreed that this was the type of in- investigations. In April 2005 Claire men and women have been unjustly impris- strument that had been used. The boy Curtis Thomas MP asked the Secre- oned and have (or are) serving long prison claimed that he did not require any medi- tary of State for the Home Depart- sentences and wish to clear their name. cal treatment. The defendant was con- ment in what types of investigations Hundreds more have been caught up in victed nevertheless. In the same trial an- other than historical sex abuse police widespread police investigations and as a other claimant stated that he had jumped use (a) trawling and (b) dip-sampling. result have been traumatised or have lost from a road bridge over the railway on to their professional reputation and personal a coal train going from Wrexham to Car- standing. Lives have been shattered, ca- diff. In fact there had not been any coal reers have been lost and families torn trains travelling on that stretch at that time apart. What they expected was a thorough, and for a number of years previously. (14) “The police impartial and fair investigation and justice. In another South Wales historic abuse undoubtedly The task of the police trial which took place 28 years after the alleged offences were said to have hap- have a difficult The task of the police in all investigations is pened, it was stated that the complain- to carry out a full and thorough investiga- ants had absconded and driven a stolen job in deciding tion into all the facts which support the alle- car to Newport along the M4 motorway. gation(s) made, and all the facts which run The Cardiff to Newport section of that which allegations contrary to them. More often they ignore motorway had not however been built at the latter and fail to consider that the com- the time of the alleged incident. (15). are true and plainants may be mistaken, or that their allegations may be motivated by the pros- In each of the above examples the police which are false could, and should, have readily ascer- pect of psychological gain, financial com- but rather than pensation or the mitigation of life style be- tained that the claims made were untrue. haviours such as drug/alcohol misuse and/ However with the exception of the first presume or criminal activity. Denial by the accused case cited which was stopped by the is invariably interpreted as confirming guilt. Judge, all the defendants were convicted. innocence they The need to conduct objective inquiries Trawling and dip sampling presume guilt.” Despite the requirement for prosecutors to Normally the police start with a spontane- ensure they have all the information they ous complaint from an ‗injured party‘ and need to make an informed decision and to then investigate the facts to determine if a put relevant evidence before the Court (12) crime has been committed. In cases of this often doesn‘t happen. At a care home alleged historical abuse they start with a Hazel Blears, then Minister of State trial in Cardiff Crown Court in 2001 a com- belief that a crime has occurred and then (Policing, Security and Community plainant told the judge that one of the de- trawl for ‗victims‘ willing to supply informa- Safety) at the Home Office informed fendants had murdered a boy because the tion to justify their presumption of the guilt her that: dip-sampling, also referred lad would not allow himself to be abused. of the accused. The ethics of police to as trawling, is rarely used during The police were immediately required to trawling were considered at some length the course of police investigations … investigate his claim but could not find an by the Home Affairs Select Committee. and is invariably limited to investiga- ex-resident of the name given appearing on The Committee expressed strong reser- tions involving allegations of historical the admission registers of the home. The vations about this practice and recom- sex abuse in care or residential claimant had previously been interviewed mended that ―any initial approach by the homes, where the police need to in prison where he was on remand for at- police to former residents of care [homes] identify any corroborating evidence tempted murder. Three days before the should – so far as possible - go no further relating to the allegations under in- meeting he had been diagnosed as being than a general invitation to provide infor- vestigation (19). ‗unfit to plead in his own defence‘, a fact mation to the investigative team.‖ (16) which the interviewing police officers ought The fact of the matter is that quite often Arrest and Interview the police go well beyond this require- to have been aware of. The diagnosis was If the presumption of innocence ment and pressurise individuals to make confirmed by a second psychiatrist a few means anything then the arrest and complaints even when that person has days after the police interview and yet the interview stage should at least be previously, and sometimes repeatedly, complainant was considered fit to act as a neutral. Increasingly in cases of al- indicated that they have no complaint to witness for the prosecution. The judge leged historical abuse in care home make. (17) stopped this particular trial immediately cases police forces use the arrest after the prosecution had presented their As David Rose, special investigations and interview stage for dramatic → evidence. (13) reporter on the Observer newspaper, told ISSUE 1: SUMMER 2011 Page 8

effect or strategic advantage in order to come forward with fabricated evi- (5) Smith, M (2010) ‗Victim Narratives of to intimidate the accused. dence. Other witnesses, including ex Historical Abuse in Residential Child Typically this involves dawn raids and care home residents, made a similar Care: Do We Really Know What We multiple arrests. In 1999, the entire point. (21) Think We Know?‘ Qualitative Social Work, 9(3): 303-320. male staff of St George‘s School Despite this, solicitors continue to invite (Formby) including former staff mem- former residents of care homes/ (6) Sikes, P. & Piper: H. (2010) ‗Ethical bers was arrested following a police residential schools to make compensa- Research, Academic Freedom and the trawl, 91 men in all. The decision to tion claims. Of course compensation Role of Ethics Committees and Review arrest them all was clearly a ploy by should be paid to genuine victims of Procedures in Education‘ International the police to ensure that none of abuse and to survivors of care home Journal of Research and Method in those arrested could act as a charac- scandals but common sense alone tells Education. ter witness for a colleague appearing that if it is made freely available, any in court. The day after the trial ended, compensation scheme is likely to be (7) Kelly, H. (2007) Kathy‘s Real Story – all were discharged with ‗no further abused. Perhaps it is not so surprising a culture of false allegations exposed. action‘. that the Government is now beginning to (Ireland: Perfect Press) Similarly, there is a great reluctance tighten up on ‗claim farms‘ where unscru- (8) Metcalfe, M. (2003) Insight into An- by the police to seek out (or ignore) pulous solicitors seem to have created a guish – trial and error: a family’s night- statements which are made in favour very lucrative industry for themselves. mare over sexual assault allegations of the accused or support his/her de- If you are a carer or teacher (or other (Leominster: Day One Publications); fence. Selective interviewing of this professional) accused of historic abuse Taylor, H.: (2009) Boy Am I Mad? One sort not only leads to an incomplete or misconduct, you cannot rely on the teacher’s battle with injustice (Privately investigation but also runs the risk police to apply the same methods and Published) and Greene, N (2011) False that evidence vital for establishing the standards of investigation that you might Accusation; Guilty Until Proven Innocent truth is not recorded. expect in other instances. You may well (US: Strategic Book Group) Interviews with ex-residents: the be discriminated against. Not only do the (9) Quoted on BBC Teletext, 23rd No- risks police adopt special measures to secure vember 2001 a conviction by trawling for complainants In several recorded incidents ex- but some are also not averse to using (10) Home Affairs Select Committee residents made it clear to the police unnecessary and in some instances un- (2002) ‗The Conduct of Investigations that they had no complaints to make, ethical tactics to intimidate the accused. into Past Cases of Abuse in Children‘s but, following further police visits, the As far as many are concerned it is better Homes‘ (HC 836/1, page 40). individuals then started to make alle- that ten innocent persons are denied (11) Children, Schools and Families gations of abuse. The police justify justice than one guilty person remains Select Committee (2008) (HC 836, page the practice of multiple visits on the free. I 3) basis that disclosures of abuse are made incrementally and over a period Notes: (12) Crown Prosecution Service (2010) of time. Whilst this may be true in (1) Blackstone, Sir W. Commentaries on ‗Code for Prosecutors‘: paras 2.2 and some cases, it is also essential that the Laws of England 1765-1769. The full 3.2. See also Addendum to the Code for police officers acknowledge the psy- quote is ―All presumptive evidence of Crown Prosecutors, paras 2.2, 2.4–3, chological effect on potential witness felony should be admitted cautiously, for and 5.3. of being repeatedly being asked to the law holds that it is better that ten (13) Private papers – trial transcript provide information. There is a fine guilty persons escape than one innocent dividing line between encouraging suffer‖. (14) Private papers genuine victims of abuse to make full disclosure, and pestering vulnerable (2)This remark is attributed to Lord (15) Private papers Denning and is widely quoted. The ac- ex residents who have persistently (16) Home Affairs Select Committee tual source and context of the remark is and consistently stated they were not (2002) ‗The Conduct of Investigations however difficult to identify. It was re- victims, to make disclosures. Into Past Cases of Abuse in Children‘s ferred to in Hansard (Parliament of New Home‘ (HC 836, para 34) There is widespread agreement South Wales) during the second reading amongst police and professionals that of the Crimes (Sentencing Procedure) (17) See for example the evidence of the prospect of compensation to ex- Amendment (Existing Life Sentences) Mark Merrett, ibid. residents can sometimes skew the Bill on the 5th May when it was linked to truth. Terry Grange, then Chief Con- comments made by Lord Denning during (18) ibid stable of Powys and speaking on be- the Birmingham Six appeal. (19) Hansard: HC Deb, 4 April 2005, half of ACPO, indicated that adver- c1132W. See also Hansard 7 Apr 2005: tisements for compensation (which (3) Jervis M (2004) ‗Briefing on Child Column 1795W. are frequently displayed in prisons) Protection and Criminal Justice Systems encouraged fabricated allegations in Relation to Child Abuse (20) Evidence of Chief Constable Terry (20). The Head of Children‘s Services Cases‘ (F.A.C.T. Publication) Grange, ibid. in North Wales was unequivocal in (4) Webster R (1998) The Great Chil- agreeing that there was a risk that (21) Evidence of Janet Donaldson, dren’s Homes Panic (Oxford: Orwell advertisements of prospective awards Devon County Council and Julie Driscol, Press) and Webster R (2005) The Secret of compensation in cases of alleged ibid. of Bryn Estyn - the making of a modern institutional abuse encouraged people witch hunt (Oxford: Orwell Press). INQUIRY Page 9 THE QUARTERLY NEWSLE TTER OF THE INNOCENCE NETWORK

NEWS BULLETIN

Lodge was officially opened on the 25th New Innocence Projects March. The opening ceremony was at- tended by project donors including repre- INUK would like to welcome its new mem- sentatives from law firms Nabarro and Ad- ber innocence projects from the following dleshaw Goddards, the Sheffield Town universities —University of Abertay Dun- Trust, and School of Law alumni, students dee, University of Greenwich and Univer- and staff. Dr Claire McGourlay, Staff Direc- sity of Southampton. tor of the University of Sheffield Innocence Going Global Project, cut the ceremonial ribbon to de- clare the Lodge open. INUK took on its first international intern, Christine Sim (middle) from the Ms Christine Sim from the National Uni- Awards National University of Singapore versity of Singapore (NUS) as part of sup- (NUS) with Michael Naughton & Dr Claire McGourlay, Director of the Uni- porting their efforts to establish the first Gabe Tan versity of Sheffield has innocence project in Singapore. Chris- been shortlisted for the Good Work to- tine‘s two-week internship took place be- wards Employability Award in the Univer- tween the 9 to 20 May. sity of Sheffield Academic Awards 2011. Communications Case Statistics The following talks were recently given by “The training I've As of June 2011, INUK has referred a total Dr Michael Naughton — Why the Criminal of 92 cases of alleged wrongful convictions Cases Review Commission is not a State received from to innocence projects for further investiga- Sponsored Innocence Commission and tion. In addition, INUK has 100 cases INUK has given me Wrong Convictions in England and Wales deemed eligible that are currently on the at the Innocence Network Annual Confer- waiting list pending referral to a member the confidence to ence, 7-10 April, Cincinnati; The Inno- innocence project. cence Project at the Bristol Festival of lead the Innocence Ideas, 21 May, Watershed Bristol. CCRC/SCCRC Updates Project in Gabe Tan spoke at the Falsely Accused A total of 7 cases referred by INUK are Carers and Teachers (FACT) conference currently under review by the Criminal Singapore into on Surviving Wrongful Imprisonment, 28 Cases Review Commission (CCRC). 1 May, Birmingham. case is under review by the Scottish Crimi- casework.” - nal Cases Review Commission (SCCRC). Publications Christine Sim. In addition, INUK is due to submit a re- Naughton, M. (2011) ‗There is still scope sponse to the SCCRC‘s decision not to for debate on miscarriage of justice com- refer the conviction of one of its clients pensation‘, The Law Society Gazette, 19 back to the Scottish High Court. May.

Tan, G. (2011) ‗The Dilemma of Maintain- ing Innocence‘ Report of the joint Confer- ence organised by the Association of Prison Lawyers and Progressing Prisoners Maintaining Innocence. Matrix Chambers, London, 25 January. Both available on the INUK website. Events INUK held its Annual Spring Conference on the 25 March. The event was attended by around 80 staff and students and was hosted by Cleary Gottlieb Steen & Hamil- ton, London. See page 13 for snapshots from the Conference. New Home for the University of Shef- field Innocence Project The University of Sheffield Innocence Pro- ject is now housed in the newly launched Launch of Bartolome Lodge, the new home of the University of Grade II listed Bartolome Lodge. The Sheffield Innocence Project

What it is ALL about and why it HAS to been done.

They Speak for Themselves, Unedited, Without REstriCTION. They Are HumanRightsTV.

Their battles are our future. They lose, we lose.

Can you hear them? Do you want to hear them? Do you need to hear them?

Www.humanrightstv.com ISSUE 1: SUMMER 2011 Page 11

KEYNOTE SPEECH BY JU LIAN YOUNG (WITH JUDY RAMJEET) ON THE CASE OF SEAN HODGSON responsible for a serious offence in The following is an abridged version of the UK. the keynote speech given by solicitor advocate Julian Young (with Judy Ram- It was established that David jeet) at the INUK Spring Conference, held Lace‘s confession was correct, that at Cleary Gottlieb Steen & Hamilton on his DNA was on the exhibits taken the 25 March 2011. from the body of the innocent victim and that had he been alive today As you can imagine, many defence solici- he would have been prosecuted. tors, solicitor advocates and barristers We now know, with as much cer- have become case hardened. That is, tainty as science will permit, that perhaps, inevitable in view of the types of Sean Hodgson was completely cases which we deal with, the files and innocent: it is not a case of there papers we have to read and analyse, and being no smoke without fire, there the people we meet and deal with. The was not even a smoldering ember clients we work for are often in conflict in the first place! with the police and prosecuting authori- ties. On a cynical basis, one could say In February 2009, I prepared and that most defendants lie and most police Judy Ramjeet and Julian Young addressing lodged grounds of appeal against officers exaggerate. the INUK 2011 Spring Conference, Cleary, conviction. Eventually I received a Gottlieb, Steen and Hamilton LLP telephone call asking me to be Every so often, however, we come across available for the Court of Appeal the exceptional case, which makes all the (Criminal Division) on 18 March long hours at a poor rate of remuneration nal exhibits were eventually located even 2009 to appear before the Lord worthwhile. Sean Hodgson‘s appeal though the Forensic Science Service (FSS) Chief Justice. After 27 years and 1 against conviction was one of those. had told the police back in 1998 that they did month, and some 11 months after In March 2008, nearly 30 years after his not have any exhibits stored. The first strug- Judy Ramjeet started work on his initial arrest for other offences and 26 gle was to obtain funding for DNA analysis case, Sean Hodgson walked free years after conviction after a jury trial, this on the exhibits. Strangely, almost as if into the fresh spring sunshine with client wrote to my colleague Judy Ram- Hampshire Police knew something we did his conviction quashed. No retrial jeet from HMP Albany, a specialist prison not know, they volunteered to fund the was ordered and effectively, that is for violent sexual offenders on the Isle of analysis. the end of the case in so far as the Wight. Judy responded and went to see prosecuting authorities are con- Let me put the Crown‘s case for the trial in cerned. him in April 2008. He had an incredible 1982 into context. They asserted that the tale to tell although he was a bit muddled person who raped the victim was the person What happened and how was the and it was hard to follow his train of who killed the victim. There was no sugges- conviction of Sean Hodgson ob- thought. Judy rang me from outside the tion or evidence that anyone else was in- tained? I was practicing in 1979 prison in some excitement. She was cer- volved. Therefore, if the DNA on the swabs when Sean Hodgson was arrested. tain that she had found an innocent client! taken from the body of the victim was not There was no duty solicitor or ap- His sincerity shone through years of in- that of Sean Hodgson, he could not have propriate adult, notes of interview carceration and institutionalisation. been the murderer. The Crown‘s case at trial and no tape recordings. Admis- In 1979, Sean Hodgson was a drifter who was that Sean Hodgson was in the area, sions from a proven liar, blood type happened to be in the Southampton area that his blood group matched the blood and being in the area of the crime – at the time of the murder. He had several group on the swabs, as did 30% of the male those were enough for a 1982 jury previous convictions for theft of cars but population, and that he had made admis- to convict. No medical or psychiat- no conviction for violence or indeed for sions on several occasions including refer- ric evidence was placed before the sexual offences; he was a petty offender ences to ―secret details‖ which would only judge and jury. The police in Lon- and more of a nuisance with a drug and be known to the killer. DNA testing did not don knew that Sean Hodgson was alcohol problem as well as diagnosed and exist in 1981, the first time it was used within a pathological liar. He had had a unresolved mental health issues. He was criminal proceedings was in 1986. In respect case returned from a Higher Court not a suspect for the murder of Teresa de of the 2008 tests, the first results were prom- to a lower Magistrate‘s Court be- Simone in 1979. It was only whilst he was ising and the second set of results were cause he had admitted offences in custody in 1980 and 1981 that he astonishing: 3 out of 3 main exhibits all that he could not have committed – showed no DNA whatsoever from the client, he was in prison at the time the made ―admissions‖ to others, including a rd priest and a number of police officers as but all from an unknown 3 party. Time offences he admitted to was com- to his involvement in the murder. would eventually show that this was from mitted! In addition, he admitted to David Lace, a young man who confessed to offences including two other mur- None of the original defence papers were the murder after Sean Hodgson‘s conviction ders whilst admitting to the murder available as they had been destroyed in and subsequently committed suicide in of Teresa de Simone. → accordance with ordinary professional 1988. His body was exhumed. This was only rules many years ago. But with some the second time a body has been exhumed assistance, a file was made and the origi- for DNA testing to determine the person INQUIRY Page 12 THE QUARTERLY NEWSLE TTER OF THE INNOCENCE NETWORK

KEYNOTE SPEECH BY JU LIAN YOUNG (CONT)

He got the name of the victim and her a defence lawyer ―How can you defend injuries wrong; almost as if he had forgot- someone who is obviously guilty?‖ The ten things he had been told or had forgot- answer has to be ―I am not a witness. ten the script! However, he was in the So I defend him to the best of my ability wrong place at the wrong time, had the because he might be innocent‖ same blood group as the perpetrator, and had made admissions. That was enough In most countries where the death pen- in 1982 to get a conviction. alty exists, especially the US, murder aggravated by a serious sexual attack How did he admit to this offence? I sus- such as rape attracts the death penalty. pect that the police ―fed‖ him the ―secret The case of Sean Hodgson shows, details‖ and asked him leading questions without a shadow of doubt, that if he which they then wrote down as assertions had been executed, Sean Hodgson rather than the ‗yes‘ or ‗no‘ responses he would have been judicially killed as an actually gave. I cannot prove this but all innocent man. It is cases such as Sean my instincts tell me that this was the Hodgson‘s that inspired both Judy case. Ramjeet and I to go into criminal de- So for Sean Hodgson, we are left with fence work. It is both humbling and an claims for compensation from the Ministry honour to be able to successfully ad- ―Innocence projects of Justice, Forensic Science Service, and vise and represent him before the Lord Hampshire police. It is ludicrous that from Chief Justice in the Court of Appeal. are essential to the any claim from the statutory compensa- Where does this leave innocence pro- interests of justice tion scheme, a deduction is made for jects such as yours? Well you can as- and likely to become ‗board and lodging‘ as if anyone in his sist in the essential analysis work – right mind would voluntarily book into work in which accuracy is absolutely more important as prison for 27 years. If there is any com- essential and supervisors must make legal aid pays less passion and morality in our system, they sure that there are no errors. Interview- should get together and agree a financial ing witnesses is a problem and supervi- and less and the settlement. The forces of the state failed sion must be fairly strict. But the pres- system expects more Sean Hodgson, they should not leave him entation of a well-researched and ana- uncertain as to his future and worried lysed appeal case assists the solicitor and more from about police, courts and lawyer fees. and advocate who have to prepare the Time alone will tell if this enterprise will final documents for the Court of Appeal. defence lawyers.” help him or he will have to cling on to his dreams of a quiet life in the future. Innocence projects are essential to the interests of justice and likely to become Of course, I do not know how many other more important as legal aid pays less cases may exist where DNA may show or and less and the system expects more tend to show that a defendant was inno- and more from defence lawyers. I cent. Rape and murder spring to mind in view of the nature of exhibits likely to be found on or inside the victim, and all I can suggest is that lawyers obtain funding and make enquiries with the Crown Prosecution Service, Forensic Science Service, and the police. I have no doubt that if the law report of R v Hodgson be- comes well known, there will be numer- ous defendants who will want to seek advice about an appeal and the re-testing of significant samples and exhibits to es- tablish innocence, or possibly to confirm guilt. Passing on to our parole system, if a con- victed person refuses to accept guilt, this is nearly a bar to release on parole. So Sean Hodgson was not given parole due to his continued denials, which turned out to be true. If he had admitted his guilt, he might have been released many years ago! So the perennial question to be asked of Sean Hodgson (left) freed from the Court of Appeal after 27 years of imprisonment. ISSUE 1: SUMMER 2011 Page 13

SNAPSHOTS FROM THE I NUK SPRING CONFERENCE 2011

(From Left to Right) Speakers Dr Eamonn O‘Neill (Director, Univer- sity of Strathclyde Innocence Pro- ject), Dean King- ham (Solicitor, Swain & Co.) and Ryan Jendoubi (Student, Univer- sity of Bristol Inno- cence Project)

(Right) An attentive audience of around 70 staff and students from various universities in the UK.

(From Left to Right) Speakers Jonathan Blackman (Partner, Cleary Gottlieb Steen & Hamilton), Dr Michael Naughton (Founder & Director, INUK), and Laura Moorby (Student, Sheffield Hallam University Innocence Project). INQUIRY Page 14 THE QUARTERLY NEWSLE TTER OF THE INNOCENCE NETWORK

BOOK REVIEW: CLAIMS OF INNOCENCE BY MICHAEL NAUGHTON WITH GABE TAN (2010, UNIVERSITY OF BRISTOL)

By Vaughan Caines, MSc Project, is designed to celebrate the mission of academic and professional interdisciplinar- Forensic Scientist, MA Student, University of ity that is at the heart of this inaugural edition Bristol of the Journal of Healthcare, Science and the Introduction Humanities. On Tuesday, January 4, 2011, citizen Synopsis Cornelius Dupree was declared innocent after Claims of Innocence, published in 2010, is a having spent thirty years in prison for alleged very short monograph of 80 pages written crimes dating back to 1979. According to vari- and published at the University of Bristol in ous news reports, only two other individuals in the United Kingdom. It is a short procedural similar situations had had longer prison terms manual designed for individuals who are before exoneration. Originally, Mr. Dupree had seeking advice for the potential overturning been sentenced to seventy-five years in prison of wrongful convictions. In its introduction beginning in 1980. His exoneration was (pp. 1-2) the book illustrates that instructional achieved after DNA testing proved his inno- information is not readily available to indi- Claims of Innocence by Michael cence. Represented by the Innocence Project in viduals who maintain innocence after convic- Naughton with Gabe Tan.. the United States, Mr. Dupree‘s exoneration is tion. The text has been written as a response (Click for information on the book one of any number that now are occurring world to this informational gap. It provides critically -wide due to important advancements of science and how to obtain a copy free of needed information in three distinct parts. charge) and technology and their applicability in criminal Part 1 is a general overview of the key proceedings and the pursuit of human and so- causes of wrongful convictions. Part 2 details cial justice. how claims of innocence are dealt with in Like Cornelius Dupree, Paul Blackburn spent England and Wales specifically. Part 3 pro- twenty five years of his life behind bars after vides enlightenment on the practical routes “By placing a name that innocent victims of wrongful convictions being falsely accused of attempted murder and and face to each of sexual assault. He was only fourteen years old may use in attempting to prove their inno- when he was convicted. Though on different cence. the eight key causes continents and separated by an ocean, there is Though Part 2 is compelling in and of itself, it of wrongful the common thread of miscarriage of justice admittedly is focused on the utilization of which binds them and which is present in the methods localized to the United Kingdom. conviction, the collective systems of justice. These cases detail Therefore, to meet the academic and profes- authors invite the the crucial need for publication of the subject sional perspectives of various international matter contained in this monograph, Claims of readers of this review who may have a more reader to approach Innocence. The cause of obtaining justice for general scientific interest, this summary will these key causes not those that are wrongfully accused of any crime focus on Parts 1 and 3 alone. These two is universal, regardless of race, nationality, or sections detail key causes of wrongful con- as an abstract any other human category. An injustice to one is victions and the practical remedies in which an injustice to us all. science can play a vital role to assist the intellectual exercise It is the aim of this review of and commentary wrongfully convicted to prove their inno- but something more. upon Claims of Innocence to give readers a cence. The reader is provided cursory yet definite introduction to the interdisci- From its onset the book sets a very sobering plinary and valued partnership of science and tone by describing the lives of individual per- with a human face to law in approaching possible miscarriages of sons wrongfully convicted. The text describes human injustice.” justice in any judicial system. This review sum- well the effects that wrongful convictions marizes this recent manual that was written by make on individuals, their families, and soci- authors associated with the United Kingdom‘s ety at large. The authors approach this well branch of the Innocence Project. The mono- and vividly through eight different case stud- graph was written to provide basic knowledge ies presented as autonomous vignettes (pp. and resulting advisement on legal applicability 7-10). By placing a name and face to each of including the use of scientific endeavours for the eight key causes of wrongful conviction, those in the United Kingdom who feel they, like the authors invite the reader to approach Mr. Dupree and Mr. Blackburn, have been these key causes not as an abstract intellec- wrongfully accused. While individuals reading tual exercise but something more. The this review may have widely divergent views reader is provided with a human face to hu- regarding various such cases, the central aim of man injustice. this commentary is to illustrate how forensic Claims of Innocence was kindly technologies and scientific advancements can In all of the listed causes of wrongful confes- designed and printed on a pro influence social processes. In this vein, this re- sions, by way of commentary within this re- bono basis by Lexis Nexis. view of Claims of Innocence, by Dr. Michael view it is interesting to note that science can Naughton of the United Kingdom Innocence play a direct role in combating or confirming ISSUE 1: SUMMER 2011 Page 15

the existence of each. The powerful role of science in the different ways such vocabulary can be construed. The criminal law is a fascinating field of inquiry. While it is not text also provides pertinent prudent advice for avoiding its intention per se, this monograph calls important atten- conflictual analyses (p. 51). Much of this material is an ex- tion to this reality. However there is a cautionary tale to be cellent summary especially for individuals who are layper- heeded and it is found in the text in one of the categories, sons regarding forensic science or even the physical sci- namely that of flawed expert evidence. ences in general. In this one area, the book uses the case studies of two As a specific instance regarding the above, when a layper- individuals to describe how science initially ―got it son thinks of law utilizing forensic science, an assumption wrong‖ (p. 10). These two case studies illustrate a definite can many times be made that forensic science is equated need to demystify a contemporary and very unscientific with the discriminating power and finality of DNA analysis fascination that is often attached to forensic science. Due for outcomes. Yet, this assumption is not completely valid. to the development of this cultural adulation of forensic Indeed, the power of DNA in legal proceedings is indisput- science, some members of the public believe that the in- able. The text chronicles the number of DNA volvement of forensics in a conviction absolutely substanti- in the United States and the United Kingdom since 1989 ates the correctness of the conviction itself. This is not therefore illustrating the scope and power of DNA science necessarily so. It is sometimes easy in the popular imagi- (p. 52). However Claims of Innocence strongly invites the nation to forget that scientific data must be validly inter- reader to consider carefully the critical context of informa- preted. Science is fundamentally an interpretative act. Sci- tion obtained in DNA analysis, specifically as it pertains to entific data can be interpreted in multiple ways. Therefore, the particulars of each case (p. 54). This clearly under- it can be misapplied or misused depending on context. scores the need for correct contextual evaluation and sci- entific interpretation. This point cannot be stressed enough. With advances in science, it is possible to piece together information to provide a more complete timeline concern- DNA forensic practitioners are acutely aware that, though ing proximity and location, with the aim of exonerating or the science indicates the presence or absence of a specific proving the conviction of an individual (pp. 50-54). As all genetic profile, it is not up to the scientist to infer or imply would readily realize, this applicability of scientific knowl- guilt or innocence. That is the purview of the fact-finder in a edge has great value. Yet, especially in the sensitive areas court of law. The domain of the forensic scientist is to ana- of exoneration, scientific knowledge and scientific evidence lyse the material, collate the data, present the facts of that require rigorous testing and validation. material in report or oral form, and then explain the possi- bilities of the data in the social context highlighted by each Claims of Innocence illustrates the importance of such individual case. Illustrated in sections beginning with page validation and calls for extremely careful, step-by-step re- 50, the text aptly addresses the harnessing of science by examination of retained evidence when looking to the ex- law and the power of science to provide law itself with a oneration of a person wrongfully convicted of a crime. As greater illumination of events and their circumstances in a the monograph illustrates, a large portion of any case is methodical, systematic, logical and precise context. Law evidentiary in nature. To reverse the presumption of guilt in uses the practical exacting authority of science to bolster wrongfully accused cases, as the text states, one must ―… social policy. Within this social context, science also has actively find evidence… or produce new evidence‖ that the ability to exonerate as it previously had been used to could positively establish innocence in a particular case (p. convict. 45). The remainder of Claims of Innocence explains to its in- As the text discusses the interaction of law with scientific tended readership and expounds on the details needed to expertise, false witness testimony, faulty witness identifica- choose legal representatives wisely and the utilization of tion, and forced/coerced confessions can be refuted. Yet alternative methods such as Innocence Projects and the the text warns: ―much of forensic science and expert testi- media to help in working on any case. The structure is con- monies are far from foolproof‖... and the overturning of cise and clear, yet contains practical applicable information, cases (involving forensic science) ―demonstrate(s) the enabling the reader to digest and understand such an over- limitations of such forms of evidence‖ (pp. 45; 50) Valid whelming topic in palatable portions. conclusions must be based upon valid and accurate inter- pretation. The process is not simply ―black and white.‖ De- Conclusion pending on the expert and the use of the data, different conclusions can arise from the same data. Therefore, the The aim of Claims of Innocence is to illustrate the key power of science in the social processes of law and legal causes of wrongful convictions, and the problems faced by justification is not automatic. The text rightly calls attention those seeking to regain their innocence in the face of a to the need for scientific rigor and analysis. system that considers them to be guilty with limited oppor- tunities to prove their innocence. The text also looks at Proceeding from this attention to scientific rigor and analy- practical pathways by which alleged innocent victims of sis, the monograph gives a concise but informative frame- wrongful convictions might prove their innocence. For the work regarding general principles of forensic science as purposes of this review itself, the text illustrates well how well as their limitations and the context of these principles science is an invaluable tool for social processes. themselves (p. 50). The text expertly explains how law utilizes science as an aid. It discusses the critically power- Science can be used to level the cultural playing field as its ful academic and professional impact of the National Acad- ethos is based on verifiable physical principles. The pure emy of Sciences in the field of forensic science (p. 51). scientific equation is an invaluable objective resource for The text skilfully details forensic scientific vocabulary when social policy, especially for law. → used by professionals in oral or written conclusions, and INQUIRY Page 16 THE QUARTERLY NEWSLE TTER OF THE INNOCENCE NETWORK

(CONT)

Due to its inherent rigor and basis upon proofs and repeat- value of science generally and forensic science in particular. ability, the impartiality of science‘s examination of facts is a It does so with a cultural corrective to popular misconceptions perfect complementary partner for law. As this review points of forensics as an absolute imprimatur of truth. Presented out, this is not to say that scientific analysis in and of itself within the sensitive context of human rights, Claims of Inno- has no possibility of error. Such is not the case. Claims of cence gives readers the rare opportunity of becoming caught Innocence demonstrates that quite well. The possibility of up in forensic science as a culturally powerful tool whether for error is indisputable. Yet what is equally indisputable is the ill or for betterment. Readers therefore should enter the text essential and profound value that scientific analysis gives to with as much care and prudence as the text reminds them is the pursuit of law. In the cases found in Claims of Inno- necessary for the pursuit of justice. I cence, the specific value of forensic science is unquestion- able. While a text written as a manual of procedures for a special This review was originally published in the Journal of Health- readership, namely those seeking to prove their exoneration, care, Science and the Humanities, Volume 1(1), Spring 2011. Claims of Innocence indeed has a value for the general reader. The text gives an individual a clear and cogent way by which to view ―science in action.‖ It shows the cultural

BOOK REVIEW: CLAIMS OF INNOCENCE BY MICHAEL NAUGHTON WITH GABE TAN (2010, UNIVERSITY OF BRISTOL)

By Sue John, mother of an alleged victim of wrongful convic- The book was very well structured, covering all aspects from tion cause, effect and the various channels in which to challenge innocence. The explanations regarding the processes and I found the book very comprehensive and informative without how to put forward a case for consideration were extremely being overly complex or too technical, albeit cases of wrongful uncomplicated and straight forward. In addition, the various convictions can themselves be very complex. The book made statistics given about success and failures of cases put for- for easy reading in everyday language, unlike many books ward were enlightening, plus a very useful list of relevant that are far too technical for the ordinary lay person. organisations. It contains very useful tips, some of which may not generally Overall I consider this to be a very powerful booklet, in a be known i.e. the importance of ensuring retention of files/ format that is easily read, digested and referred to when pre- evidence by police, CPS and the FSS. I certainly had not paring to challenge wrongful convictions, and all contained given it a thought and assumed that those files/evidence within a succinct 80 pages, that would normally be double or would remain on file for a considerable length of time. I was more in other similar publications. also not aware that the convicted person or his/her family could have the file from the solicitor who took the proceed- It will most definitely be my reference guide in fighting my ings, when that same solicitor will not be instructed any fur- son‘s cause. In fact I am using it already whilst writing letters ther. These are just a couple of useful tips which I will act to ensure the retention of evidence. Many thanks for this upon on behalf of my son. great ―pocket bible‖. I ISSUE 1: SUMMER 2011 Page 18

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CALL FOR SUBMISSIONS

INQUIRY welcomes submissions for any of the fol- DEADLINES & SCHEDULES FOR 2011 lowing categories: Autumn Issue 1) Feature articles on any issue relating to wrongful con- The deadline for the submissions for all of the above cate- victions and/or innocence project work (no more than gories is FRIDAY, 26 AUGUST 2011. 2,000 words). Winter Issue 2) Reviews of books, articles or films on the subject of wrongful convictions and/or innocence projects (no more The deadline for the submissions for all of the above cate- than 1,000 words). gories is MONDAY, 28 OCTOBER 2011. 3) Innocence project news from members (no more than 250 words) INSTRUCTIONS 4) Research updates (no more than 250 words) All submissions and expressions of interest should be sent 5) Student articles on any issue relating to wrongful con- by e-mail with INQUIRY in the subject line to: victions and/or innocence project work (no more than 1,000 words). [email protected] Please note: all submissions from students must be from member innocence projects and must be vetted and sent via their staff director.

Founder & Director

Dr Michael Naughton (University of Bristol)

Executive Director

Ms Gabe Tan (University of Bristol)

Treasurer

Ms Caroline Andrews (University of Bristol)

Membership Secretary

Mrs Pat Hammond (University of Bristol)

Patrons:

Sir Geoffrey Bindman

Michael Mansfield QC

Bruce Kent

Professor Michael Zander QC (Emeritus, LSE)

List of Member Universities 2010-11

Bournemouth University University of Durham University of Portsmouth

BPP Law School University of East Anglia University of Sheffield

Nottingham Trent University University of East London University of Southampton

Sheffield Hallam University University of Gloucestershire University of Strathclyde

University of Abertay Dundee University of Greenwich University of Wales, Bangor

University of Aberysthwyth University of Kent University of the West of England

University of Bradford University of Lancaster University of Winchester

University of Bristol University of Leicester

University of Cambridge University of Plymouth

www.innocencenetwork.org.uk