Free David Ferguson

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Blog entry 1st March 2018

Yet another month has passed. Still the CPS have failed to answer my data protection act request for the release of the evidence that they and Kent Police withheld at my trial.

Kent CPS and police have responded to my letter. Both have been evasive in their response. Instead they have either directed my enquiries to CPS HQ in London or have stated that the enquiry should be submitted by my legal team. Incidentally, that is not a legal requirement. I have every lawful right to request that the police and CPS hand over evidence that proves my evidence if they withheld it at trial.

Of more importance though is the fact that neither Kent Police or CPS have denied that the evidence which I have identified as having been withheld at my trial exists and is in their control. Instead they have chosen to be evasive and obstructional. Several years ago when I made requests to Kent Police and CPS for them to hand over evidence that I knew they they'd withheld; including several items of which I've asked for this time, they stated that they had met the necessary levels of disclosure at trial. The difference now is that they know that I can prove that they did not.

During this period a Member of Parliament has written to CPS HQ asking them why they have failed to comply with my Data Protection Act request for the disclosure of the withheld evidence. So far CPS HQ have responded with a 'delaying tactic' response stating that they will provide an answer in due course. It is pertinent to recall that they were legally required to do this directly to me, with the requested disclosure by October 28th 2017.

Following the Member of Parliament's advice I have now lodged a formal complaint against CPS HQ with the Information Commissioners Office. They have accepted my complaint for investigation. In addition the Member of Parliament and I still await CPS HQ's promised response to our enquiry about why they have failed to fulfil their lawful duty and comply with my Data Protection Act request.

Whilst Kent Police and the CPS's evasive actions and obstructive tactics only serve to underline that they have acted knowingly to wrongly convict me, it is frustrating that they are confidently able to continue to deny me justice and my freedom. It is also frustrating that my appeal legal team continue to drag their heels in demanding that Kent Police and the CPS hand over the evidence that they withheld at my trial. Is it no wonder that so many people who have been wrongly convicted spend decades in prison when their legal teams do little to progress their case!

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