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James Pomfrett has started an important campaign at GoPetition to help every accused person have the right to a fair trial. He outlines the issues below:
In the matter of the Crown v Pomfrett the Crown Prosecution Service acted in bad faith by knowingly withholding disclosure evidence at trial about another suspect that allowed the prosecution to falsely accuse Mr. Pomfrett, misleading the Courts and the Jury, leading to a conviction, which was gained by the prosecution's deception at an unfair and unlawful trial.
The matter was challenged in the Court of Appeal where the Court failed to consider the unfairness created by the Prosecution and denied Mr. Pomfrett a retrial. The court concluded that despite the fact that Mr. Pomfrett had been falsely accused and that another suspect who is still at large was seen to be guilty, Mr. Pomfrett must have been a knowing party to conspire to cheat the revenue, reducing his sentence from 10 years to 8 years. The Court of Appeal second guest what effect the new evidence might of had on the 12 jurors at trial and in doing so denied Mr Pomfrett his rights to defend himself at a fair and properly conducted trial.
The Court of Appeal further denied an application for the matter to be heard by the Supreme Court making it impossible to challenge the Courts failure to consider the unfairness at Mr Pomfrett’s trial. The Courts have enforced the liabilities of the law without offering the protection of the law.
The almighty Crown prosecution are still knowingly withholding relevant disclosure evidence that has been in their possession at all times that weakens its case and strengthens that of Mr. Pomfrett, further perverting the course of Justice and adding to the unfairness.
Every accused person has a right to a fair trial, a right long embodied in our law and guaranteed under Article 6 of the European Convention on Human Rights (ECHR). A fair trial is the proper object and expectation of all participants in the trial process. Fair disclosure to an accused is an inseparable part of afair trial.
The right to fair trial is seen as an essential right in all countries respecting the rule of law. A trial in these countries that is deemed unfair will typically be restarted, or its verdict quashed.
According to Mr Pomfrett, "We need at least 500 signatures to be heard. Your Voice Counts.”
Those members of the public who wish to support Mr Pomfrett's petition to secure a fair and properly conducted trial as a matter of public interest, can sign the petition here.