Free David Ferguson

Help to right a grave miscarriage of justice....

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Blog entry 31st May 2020

Having been let down by numerous solicitors when it came to the crunch with my appeal against conviction, I put my own application together for the Court of Appeal. On Tuesday 26th May 2020, the prison informed me that my submissions had been accepted by the COA, and that I am now officially an appellant. The COA's investigation team will now call in documents and evidence from the various parties of interest and consider whether to refer my case to the single judge. I am realistic in that this is only the first step on a difficult journey but, I am also cautiously confident.

My application has been submitted on the following facts:

  1. The CPS failed to disclose a significant volume of forensic documents. These prove that their acclaimed '1 in a billion/extremely strong' DNA match could not have been attained.
  2. The withheld forensic documents also show that the crime scene DNA evidence was only possible of producing a very fragmented, mixed and incomplete result.
  3. Independent re-examination of the crime scene DNA evidence proved that at best the DNA match was 'weak', and would match 1 in 3000 of the male Western European population.
  4. The CPS' forensic expert Dr Chapman failed to inform my defence legal team of the evidence set out in point (1) and issues in point (2). In doing so he acted unlawfully as ruled in
    1. R v Maguire (1992) 2 A11 ER433 CA (duty of an expert witness in respect of disclosure to the defence).
    2. Liverpool Victoria Insurance Co Ltd v Zafar [2019] EWCA Civ392 (severe consequences for an expert witness making a false statement).
  5. The police and CPS failing to disclose evidence that supported my alibi.
  6. The CPS' expert witness withholding knowledge of evidence supporting my alibi and thus causing infringements of the legal rulings as set out in sections (i) and (ii) of point (4)
  7. The police and CPS' continued refusal to disclose several areas of forensic evidence that was withheld at trial; and which would have been used to cast doubt upon the prosecutions case.

The COA have informed me that it may take up to 5 months before a single judge referral decision is made. However, I also realise that with the current Covid-19 restrictions this could take longer.