Alleged photograph of Sheila on the bed with a single gunshot wound to her neck.

[curiousessex]

It appears to me that everyone on both sides of the fence appears to agree that if such a photograph of Sheila being on the bed with a single gunshot wound to the neck exists then if such a photograph gets into the public domain then the CCRC will have no option but to refer Jeremy's case to the Court of Appeal. Jeremy could not have administered the second fatal shot to Sheila's neck and therefore his conviction of killing her is unsafe.

As a result of the circumstance in which such a referral would have been made then serious questions would need to be asked together with accompanying investigations.

This thread is intented to discuss ways in which the alleged photograph could be placed in the public domain.

Here is a first punt.

If Mike was to go to a Police Station and report 'Z' of the crime of perverting the course of justice.

I believe, by law, once a crime has been reported a crime reference number would be given and the crime has to be investigated.

If 'Z' having made copies of the alleged photograph then hands himself in for the alleged crime.

'Z' could surrender the original copy of the alleged photograph as evidence whilst keeping a copy for himself and his future defence. A defendent is entitled to a copy of material under disclosure.

If 'Z' is prosecuted then the photograph will become the evidence before the Court.

If it is then decided 'Z' will not be prosecuted for perverting the course of justice for whatever reason.

Mike could then take out a private prosecution of 'Z' whereby the alleged photograph would be used as the evidence for prosecuting / defending the alleged crime. I am sure a private prosecution could be arranged with Simon McKay and NGB knowing the requirements of the legal system etc.

I am sure there will also be some kind of human rights angle on this whereby 'Z' cannot be forced not use evidence that he allegedly has in his possession in order to defend himself whether the original is held under PII or not.

[curiousessex]

NGB

What is your opinion on the following

(i) the alleged photograph of Sheila on the bed with a single gunshot wound to the neck?

(ii) getting such an alleged photograph in the public domain?

(iii) the subsequent position of the CCRC in light of such a photograph being in the pubic domain?

[grahameb]

It appears to me that everyone on both sides of the fence appears to agree that if such a photograph of Sheila being on the bed with a single gunshot wound to the neck exists then if such a photograph gets into the public domain then the CCRC will have no option but to refer Jeremy's case to the Court of Appeal. Jeremy could not have administered the second fatal shot to Sheila's neck and therefore his conviction of killing her is unsafe.

As a result of the circumstance in which such a referral would have been made then serious questions would need to be asked together with accompanying investigations.

This thread is intented to discuss ways in which the alleged photograph could be placed in the public domain.

Here is a first punt.

If Mike was to go to a Police Station and report 'Z' of the crime of perverting the course of justice.

I believe, by law, once a crime has been reported a crime reference number would be given and the crime has to be investigated.

If 'Z' having made copies of the alleged photograph then hands himself in for the alleged crime.

'Z' could surrender the original copy of the alleged photograph as evidence whilst keeping a copy for himself and his future defence. A defendent is entitled to a copy of material under disclosure.

If 'Z' is prosecuted then the photograph will become the evidence before the Court.

If it is then decided 'Z' will not be prosecuted for perverting the course of justice for whatever reason.

Mike could then take out a private prosecution of 'Z' whereby the alleged photograph would be used as the evidence for prosecuting / defending the alleged crime. I am sure a private prosecution could be arranged with Simon McKay and NGB knowing the requirements of the legal system etc.

I am sure there will also be some kind of human rights angle on this whereby 'Z' cannot be forced not use evidence that he allegedly has in his possession in order to defend himself whether the original is held under PII or not.

What would be Z's immediate reaction to Mike's accusation? Burn the photo and any copies and deny the whole thing and Mike would appear to be a liar.

[ngb1066]

NGB

What is your opinion on the following

(i) the alleged photograph of Sheila with on the bed with a single gunshot wound to the neck?

(ii) getting such an alleged photograph in the public domain?

(iii) the subsequent position of the CCRC in light of such a photograph being in the pubic domain?

(i) I have never seen this photograph but I have no reason to doubt Mike when he says he saw such a photograph in Ewen Smith's office.  Jeremy has confirmed that Mike raised this with him at the time and that Ewen Smith's refusal to disclose the photographs which he had under a confidentiality agreement was a factor in Jeremy's decision to sack Ewen Smith.

(ii) The only way this photograph can be brought into the public domain is if someone comes forward and produces it.  Essex Police say that all negatives in their possession have been disclosed and these do not include one showing Sheila on a bed.

(iii) If the photograph came to light and was verified as genuine the CCRC would have to consider its significance.  They would undoubtedly seek clarification from Essex Police.  The explanation could be that Sheila was moved from the floor to the bed prior to being removed by the undertakers.  However Essex Police would have to explain why the negative had been removed and concealed and this would open up a number of additional questions.  I have little doubt that the production of this photograph would result in a referral to the Court of appeal.

The final submissions to the CCRC do not refer to this photograph because the defence have not seen it.

 

[curiousessex]

What would be Z's immediate reaction to Mike's accusation? Burn the photo and any copies and deny the whole thing and Mike would appear to be a liar.

I thought Mike was working with 'Z' on this.

The whole point of the scenario was to use the system in order to expose the system.

Remember the back drop to this is the alleged photgraph if in the public domain would grant Jeremy a referral to the court of appeal by the CCRC because his conviction of killing Sheila would be unsafe. As such, the non publication of the alleged photograph is perverting the course of justice because in the eyes of the law Jeremy would be innocent of having killed Sheila. As we all know Jeremy currently remains convicted of killing Sheila.

'Z's' defence would presumably be, as we are led to believe, he could not put the alleged photograph in the public domain becasue of PII.

[curiousessex]

(i) I have never seen this photograph but I have no reason to doubt Mike when he says he saw such a photograph in Ewen Smith's office.  Jeremy has confirmed that Mike raised this with him at the time and that Ewen Smith's refusal to disclose the photographs which he had under a confidentiality agreement was a factor in Jeremy decision to sack Ewen Smith.

(ii) The only way this photograph can be brought into the public domain is if someone comes forward and produces it.  Essex Police say that all negatives in their possession have been disclosed and these do not include one showing Sheila on a bed.

(iii) If the photograph came to light and was verified as genuine the CCRC would have to consider its significance.  They would undoubtedly seek clarification from Essex Police.  The explanation could be that Sheila was moved from the floor to the bed prior to being removed by the undertakers.  However Essex Police would have to explain why the negative had been removed and concealed and this would open up a number of additional questions.  I have little doubt that the production of this photograph would result in a referral to the Court of appeal.

The final submissions to the CCRC do not refer to this photograph because the defence have not seen it.

 

Thanks NGB.

If you were 'Z' would you just publish the photograph and be damned with it?

In your opinion what would be the potential consequences for 'Z' having placed the alleged photograph in the public domain?

If the photograph was in the public domain and was verified and given your response to (ii) (iii) above what do you believe would be the  consequences for Essex Police or persons responsible within Essex Police?

[guest7363]

Surely Neil it would be over if the photo showed only one wound to the neck?

[Newbury1]

Surely Neil it would be over if the photo showed only one wound to the neck?

Exactly!! - and yet JB is left to languish in jail because (and this is going to sound sarcastic) that photo simply won't appear! - Abracadabra!!

[ngb1066]

Thanks NGB.

If you were 'Z' would you just publish the photograph and be damned with it?

In your opinion what would be the potential consequences for 'Z' having placed the alleged photograph in the public domain?

If the photograph was in the public domain and was verified and given your response to (ii) (iii) above what do you believe would be the  consequences for Essex Police or persons responsible within Essex Police?

If I were "Z" I would hand the photograph to Simon McKay.

I do not think there would be any consequences for "Z" in placing the photograph in the public domain.  I do not believe PII would cover his photograph, since the prosecution do not acknowledge its existence.

I think there could potentially be serious consequences for Essex police officers involved in a cover up and withholding of evidence.

[curiousessex]

Exactly!! - and yet JB is left to languish in jail because (and this is going to sound sarcastic) that photo simply won't appear! - Abracadabra!!

I agree 100%.

Like you I have detailed on the forum and based on what is available, in my opinion, Jeremy is probably guilty although I do have some very serious reservations relating to the silencer evidence etc.

However, and without hesitation, if there is an alleged photograph of Sheila on the bed with a single gun shot wound to her neck, and this alleged photograph is put in the public domain then Jeremy must be released as his conviction for killing Sheila will be deemed unsafe.

Jeremy's release must be immediate without there being any need for another trial and Jeremy would be entitled to claim for compensation should he choose to do so.

On the above I have absolutely no doubt in my mind.

[ngb1066]

Surely Neil it would be over if the photo showed only one wound to the neck?

Yes it would, provided that the photograph showed the parts of the neck where both bullets entered.

[curiousessex]

If I were "Z" I would hand the photograph to Simon McKay.

I do not think there would be any consequences for "Z" in placing the photograph in the public domain.  I do not believe PII would cover his photograph, since the prosecution do not acknowledge its existence.

I think there could potentially be serious consequences for Essex police officers involved in a cover up and withholding of evidence.

Thank you NGB.

I agree with you 100%.

Jeremy's fight to secure his release would be over............ and Jeremy would have to be cleared of his convictions.

[guest7363]

I am sure there are people on here who would like a copy and would take full responseability for it  leaking out.

[curiousessex]

I am sure there are people on here who would like a copy and would take full responseability for it  leaking out.

Well that is certainly an option to be considered.

Maybe someone will be prepared to volunteer or come forward to Mike in order to save 'Z' any worry if he is worried as Mike says.

[guest7363]

If I were "Z" I would hand the photograph to Simon McKay.

I do not think there would be any consequences for "Z" in placing the photograph in the public domain.  I do not believe PII would cover his photograph, since the prosecution do not acknowledge its existence.

I think there could potentially be serious consequences for Essex police officers involved in a cover up and withholding of evidence.

Unless Z is a retired police officer involved in the cover up?