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Blog entry 15th May 2018

Since my last blog the CPS have responded to my most recent Data Protection Act disclosure request. I issued this requesting that if an MG6D form (list) had been used by the police in my case, that it be disclosed to me unredacted and in full.

Readers of last month's blog will recall that it has been exposed that police forces across the country have been routinely abusing the privilege of the MG6D list. Specifically they have been trained to hide evidence that would benefit a defendants alibi case on the MG6D list as they know it is not disclosed to the defence routinely. The purpose of the MG6D lists existence is to record evidence that is sensitive to other investigations and which, if disclosed, could disrupt other investigations. With this in mind, no such list of evidence should exist in the investigation case that Kent police led against me.

In responding to my DPA request the CPS have confirmed that the police did use an MG6D list in their investigation against me. However, the CPS are refusing to hand it over. Their justification being that it "may" contain communications between the police, expert witnesses and the CPS themselves that are "sensitive". Whilst this may on the face of it appear reasonable it is not what the MG6D list should be used for.

It is more likely that Kent police have hidden key evidence that would support my defence case on the MG6D list used in my case. As stated in my previous blogs the CPS have confirmed the existence of evidence that was not disclosed as it should have been at my trial and, which the police conveniently failed to list on any of the normal disclosed evidence lists. I believe that the MG6D list in my case documents:-

  1. The statements and all materials relating to the garage owner Dave Pointer, whose evidence would have proven that I could not have been at the crime scene at the necessary time frame.
  2. The murder weapon listed as evidence MJP/15. A knife matching the description of the murder weapon recovered at the crime scene. The police have always claimed that the murder weapon had not been recovered.
  3. My medicine bottle, which proves that I was at a chemists during the time frame that the coroner gave for Susan Kent's death, as confirmed by the prosecution's own expert witness Dr Barrett.
  4. Witness statements from people at the chemists where my prescription detailed in No3 was obtained from. Since my trial Dr Barrett has also confirmed that these statements put me at the chemists at the time frame of the murder given by the coroner.
  5. The footprint found at the crime scene against which I was tested, as evidenced by the police custody log for my time whilst held for questioning at Chatham police station.

These are the five areas of evidence that I know and can prove exist, which Kent police and the CPS have failed to disclose, or list on evidence logs as they should have done so. It is therefore reasonable to assume that this evidence exists on the MG6D list in my case. A list that has no justifiable reason to have been generated or used by the police and CPS in my case.

Further to this, these 5 areas of undisclosed evidence are only those which I and my supporters have managed to identify so far. It is not to say that the police and CPS haven't hidden other aspects of evidence on the MG6D list in my case that also supports my innocence. Unless the police and CPS disclose the MG6D list in full and unredacted form the truth cannot be ever known.

Of course it would also be of help if my legal team were pro-active in pursuing and insisting on full and proper disclosure in my case. Had they done so by now they would have had my case ready to be heard by the Court of Appeal. We who have been wrongly convicted are often condemned to many more years of wrongly imprisonment simply due to our legal teams ineffectuality and lucklustre performance.

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