Maynard & Ors, R. v [2002] EWCA Crim 1942 (31 July 2002)

Maynard & Ors, R. v [2002] EWCA Crim 1942 (31 July 2002)

Fresh expert evidence demonstrated that the contemporaneous recording of a key police interview was physically impossible, undermining the integrity of the police evidence central to the prosecution case. This, together with the retraction of a key witness, meant the convictions were unsafe and must be quashed.

Citation
[2002] EWCA Crim 1942
Parties
Prosecution: Regina; Appellant: Robert John Maynard; Appellant: Reginald John Dudley; Appellant: Kathleen Bailey; Appellant: Charles Edwin Clarke
Jurisdiction
England and Wales
Judgment Date
31 July 2002
Procedural Posture
Criminal Appeal / Court of Appeal (criminal Division) Judgment on Reference From Criminal Cases Review Commission
Outcome
Appeals allowed; convictions quashed
Legal Topics
Unsafe Convictions, Fresh Evidence, Police Misconduct, Confession Evidence, Criminal Appeal Act 1968, Criminal Cases Review Commission
Criminal Law Evidence Appellate Procedure Unsafe Convictions Fresh Evidence Police Misconduct Confession Evidence Criminal Appeal Act 1968 +1 more

Case Brief

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Parties

Regina

Prosecution

Robert John Maynard

Appellant

Reginald John Dudley

Appellant

Kathleen Bailey

Appellant

Charles Edwin Clarke

Appellant

Procedural Posture

Criminal Appeal / Court of Appeal (criminal Division) Judgment on Reference From Criminal Cases Review Commission

Legal Issues

  1. 1 Whether fresh expert evidence on the impossibility of contemporaneous note-taking renders the convictions unsafe
  2. 2 Whether retractions by a key prosecution witness (Wild) undermine the safety of the convictions
  3. 3 Whether the integrity of the police interview records was central to the prosecution case against all appellants

Ratio Decidendi

Fresh expert evidence demonstrated that the contemporaneous recording of a key police interview was physically impossible, undermining the integrity of the police evidence central to the prosecution case. This, together with the retraction of a key witness, meant the convictions were unsafe and must be quashed.

Court Disposition

Appeals allowed; convictions quashed

Orders

  • Convictions of Robert John Maynard, Reginald John Dudley, Kathleen Bailey, and Charles Edwin Clarke quashed