Images attached:
I see a number of issues with this:
- Is there a reasonable explanation for the failure to adduce it at trial? It is not some new scientific discovery like, for example, dna. The defence called its own witnesses by way of Major Mead (ballistics) and Prof Knight (pathology). I have never read testimony from the former so I do not know whether it was adjudicated at trial. I suspect not based on the cross examination of Malcolm Fletcher.
- The lower wound was said to be up to 3 inches away. The upper wound has been described variously as 'loose contact and near contact'. Near being 1 - 3 mm away. Does this alter the outcome?
- Previous experts by way of the Italian pathologists and the US pathologists (names escape me) have submitted testimony to the effect the appearance of the wounds were inconsistent with a silencer fitted or words to this effect. The CCRC rejected on the basis of the blood certainly and possibly the paint, scratches and hair.
- My take is that the case, taken at face value, is strong: silencer with all the contaminants, SC's state in terms of her person and nightwear ie lack of debris, JM's testimony etc. I am reminded of Patrick O'Connor's comment during the Louis Theroux docu, as per my tagline, and I just don't see the above being enough to turn the heads of 3 appeal court judges.