Information gathered from ( BAMBER CCRC -addendum-06-06-2004 doc. )
" A post mortem photograph of Ralph Neville Bamber's right arm,evidencing lacerations caused by fingernails,should have been disclosed by the Prosecuting Authorities to the Applicant as part of their primary disclosure obligation pursuant to section 3( 1 )(a ) Criminal Procedure and Investigations Act 1996,at very least for the Appellate Procedures in 2002.
It follows the failure to do so at the original trial denied the Applicant and his then Learned Counsel,vital missed opportunities at indeed advocating the proposition that the said murders were committed by a third party.
The fingernail lacerations are consistent with a person with fingernails between 5mm-6mm long,since the laceration indentations into the skin are measured.
June Bamber had one such laceration on her arm,which was consistent with a single fingernail indentation into the skin.
There is no mention of such in the post-mortem statement of Professor Vanezis,although it is conceded that the said photograph was indeed amongst the Jury Bundle photographic album.
It is submitted that the discovery of the post-mortem photographs of " Ralph Neville Bamber's " arm,must be constituted as fresh evidence not available to the Defence at either Trial or Appellate proceedings. Had such been available,it would have been included amongst the albums marked " Jury Bundle ",and would by the obvious nature of the said photographs ( even to the untrained eye ) raised serious questions from the Defence.
Compound such failure by the clear failure from Professor Vanezis to have included such in his report/witness statement has for the purpose of these submissions mislead the Court and renders per se the conviction unsafe.
Whoever attacked Ralph Bamber had fingernails at least 5mm-6mm long,and certainly no longer,but positively no shorter. Had the fingernails been shorter,they could not have inflicted the wounds on the right arm and a similar wound on the arm of June Bamber.
There now being the clearest of evidence that not only was there bruising,but lacerations consistent with fingernail indentations----------similar in shape,form,length and diameter in both the arm of June Bamber and Ralph Bamber,and with the knowledge and submission that the Applicant Jeremy Bamber has always maintained short fingernails,the said photograph of Ralph Bamber must be adduced as exculpatory evidence and it follows should be considered as Fresh Evidence in any referral.
