Crown v Pomfrett

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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 prosecutions 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.

AS STATED IN THE

ATTORNEY GENERAL’S GUIDELINES ON DISCLOSURE

Disclosure is one of the most important issues in the criminal justice system and the application of proper and fair disclosure is a vital component of a fair criminal justice system. The “golden rule” is that fairness requires full disclosure should be made of all material held by the prosecution that weakens its case or strengthens that of the defence.

As Stated in this protocol which was published by the judiciary on 20 February 2006 and relates to the disclosure of unused material in criminal trials in the Crown Court

Disclosure is one of the most important - as well as one of the most abused - of the procedures relating to criminal trials. There needs to be a sea-change in the approach of both judges and the parties to all aspects of the handling of the material which the prosecution do not intend to use in support of their case. For too long, a wide range of serious misunderstandings has existed, both as to the exact ambit of the unused material to which the defence is entitled, and the role to be played by the judge in ensuring that the law is properly applied. All too frequently applications by the parties and decisions by the judges in this area have been made based either on misconceptions as to the true nature of the law or a general laxity of approach (however well-intentioned). This failure properly to apply the binding provisions as regards disclosure has proved extremely and unnecessarily costly and has obstructed justice. It is, therefore, essential that disclosure obligations are properly discharged - by both the prosecution and the defence - in all criminal proceedings, and the court's careful oversight of this process is an important safeguard against the possibility of miscarriages of justice.

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We the undersigned as members of the public wish to support Mr Pomfrett petition to secure a fair and properly conducted trial as a matter of public interest.

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