2002 Appeal judgement points 283-285: https://ceadstorage.blob.core.windows.net/cead-images/Bamber.PDF
Bamber was put on surveillance after his arrest and placed on Bail. Cal in her book gives his movements, nowhere does it place him at WHF. Anyway, this was brought up in the Appeal. The prosecution wasn’t aware about the Surveillance or they could have used it against him maybe?
In evidence the appellant stated that he had returned to the farm the night after his
release or the night after that – i.e. on the 14 or 15 September. In evidence he said:
“After my arrest at Chelmsford I went to London, came back
and had not got my key. I needed car documents kept in the
office for a holiday and I got in the loo window. I left a note on
B.Wilsons desk to ask her to pay my solicitors bills”.
280. Had prosecuting counsel been informed that the appellant was in fact under
surveillance and in London at the time a potentially devastating cross-examination
followed by the calling of rebuttal evidence would have caused the defence much
embarrassment. Mr Turner contends the matter could have been simply explained
away as a mistake as to dates, the actual visit occurring on 16 or 17 September as in
fact he had instructed his solicitors. We have seen his proof of evidence to that effect.
281. Since prosecuting counsel was not given this information, the appellant avoided this
potential crisis and since the appellant knew of the surveillance no possible
disadvantage accrued to him by reason of its non-disclosure