Steele & Ors, R v [2006] EWCA Crim 195 (22 February 2006)

Steele & Ors, R v [2006] EWCA Crim 195 (22 February 2006)

The convictions are not unsafe because the essentials of the prosecution witness's account were established before any media contact, his evidence was consistent and thoroughly tested at trial, and there is no credible evidence of police collusion or fabrication. The new evidence regarding media contacts and mobile phone calls would not have affected the jury's verdict.

Citation
[2006] EWCA Crim 195
Parties
Prosecution: R; Appellant: Michael Steele; Appellant: Jack Whomes; Appellant: Peter Corry
Jurisdiction
England and Wales
Judgment Date
22 February 2006
Procedural Posture
Criminal Appeal / Appeal Following Criminal Cases Review Commission Referral
Outcome
Appeals dismissed; convictions upheld
Legal Topics
Conspiracy to Import Cannabis, Murder, Fresh Evidence, Witness Credibility, Non Disclosure, Media Contact With Witnesses, Adverse Inference From Silence
Criminal Law Conspiracy to Import Cannabis Murder Fresh Evidence Witness Credibility Non Disclosure Media Contact With Witnesses Adverse Inference From Silence

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Parties

R

Prosecution

Michael Steele

Appellant

Jack Whomes

Appellant

Peter Corry

Appellant

Procedural Posture

Criminal Appeal / Appeal Following Criminal Cases Review Commission Referral

Legal Issues

  1. 1 Whether non-disclosure of prosecution witness's media contacts rendered convictions unsafe
  2. 2 Whether fresh evidence regarding mobile phone calls undermined the safety of the convictions
  3. 3 Whether the trial judge misdirected the jury on adverse inference from silence

Ratio Decidendi

The convictions are not unsafe because the essentials of the prosecution witness's account were established before any media contact, his evidence was consistent and thoroughly tested at trial, and there is no credible evidence of police collusion or fabrication. The new evidence regarding media contacts and mobile phone calls would not have affected the jury's verdict.

Court Disposition

Appeals dismissed; convictions upheld