Imagine if court was deceived over the claim there was no call from whf to JB?

[mike tesko]

Imagine if court was deceived over the claim there was no call from whf to JB?

Prosecution case at the time of trial, October 1986:-

There was no call at all from Ralph Bamber or anyone else, from whf to Jeremy's cottage at 9 Head Street, Goldhanger. The defendant invented the details of such a call because it was part of his plan to fool the police into thinking that Sheila must have killed the others, and that she had then taken her own life by shooting herself dead. If the phone call did not exist, or did not take place, then it exposes Jeremy as the killer, because he would have invented the details of such a call to lay the blame for the deaths at Sheila Caffells feet. Did he receive such a call from his father, or anyone else, at the scene? The prosecution say not, and that this would entitle the jury to convict him as the murderer, on the basis that no such call occurred, or took place...

[mike tesko]

Imagine if court was deceived over the claim there was no call from whf to JB?

Prosecution case at the time of trial, October 1986:-

There was no call at all from Ralph Bamber or anyone else, from whf to Jeremy's cottage at 9 Head Street, Goldhanger. The defendant invented the details of such a call because it was part of his plan to fool the police into thinking that Sheila must have killed the others, and that she had then taken her own life by shooting herself dead. If the phone call did not exist, or did not take place, then it exposes Jeremy as the killer, because he would have invented the details of such a call to lay the blame for the deaths at Sheila Caffells feet. Did he receive such a call from his father, or anyone else, at the scene? The prosecution say not, and that this would entitle the jury to convict him as the murderer, on the basis that no such call occurred, or took place...

History shows, that the tribal judge (Mr Justice Hunt) also reiterated those sentiments to the jury in his summing up speech, before the jury went out to consider its verdict...

[jim ignatowski]

Sorry to be so pernickety but the Trial Judge was Mr Justice Drake

[mike tesko]

Sorry to be so pernickety but the Trial Judge was Mr Justice Drake

Ooops, correct, Mr Justice Hunt was the trail judge in my own trial (September 1988), it was Mr Justice Drake, who presided over Jeremy's trial in October 1986, I do apologise for this oversight, thank you...

[mike tesko]

So, the scenario was clearly in the minds of the jury, did Jeremy receive a call from his father at whf in the early hours of the morning, or not? If he did the jury were quite entitled to acquit Bamber on all charges, but if the jury were satisfied on the evidence provided by the prosecutions case that there was no such call, the jury could (and did) convict Jeremy as the murderer, on the basis that he had invented the details of such a call ever having taken place?

[jon]

Was the lead detective asked in court , did you contact BT to see if they could assist in anyway ? If not why not ? If you did what was their reply to you ?

[mike tesko]

Was the lead detective asked in court , did you contact BT to see if they could assist in anyway ? If not why not ? If you did what was their reply to you ?

No, this was not looked into...

[Caroline R]

No, this was not looked into...

I have emailed BT Archives to ask if in 1985 the technology was available to acquire a list of calls made from a domestic address. I will post the reply. I haven't told them why I would like to know - thought it best not to.

[Roch]

How could the prosecution have pulled this off, if the matter remained inconclusive due to the lack of evidence to confirm it either way? 

[Jane]

How could the prosecution have pulled this off, if the matter remained inconclusive due to the lack of evidence to confirm it either way?

Roch, I really think it came down to whose personality was portrayed as being most attractive to the jury. They had the choice of a lovely dead girl who had been a loving mother with a controlled mental problem or a rather arrogant young man showing no signs of grief or humility.

[Roch]

Roch, I really think it came down to whose personality was portrayed as being most attractive to the jury. They had the choice of a lovely dead girl who had been a loving mother with a controlled mental problem or a rather arrogant young man showing no signs of grief or humility.

Possibly, overall.  We've yet to see there is/was any evidence of a call.  But on that specific, if any witnesses or people linked to the case were 'turned' ... upon the basis that "no call took place," when in actual fact this was inconclusive, then that's very dodgy. 

[Jane]

Possibly, overall.  We've yet to see there is/was any evidence of a call.  But on that specific, if any witnesses or people linked to the case were 'turned' ... upon the basis that "no call took place," when in actual fact this was inconclusive, then that's very dodgy.

Roch, might this be a case of, if they didn't have the documentation to say if the call took place, then they didn't know if the call took place and were therefore able to say "no call took place" and cross their fingers that it wasn't challenged.

[Roch]

Roch, might this be a case of, if they didn't have the documentation to say if the call took place, then they didn't know if the call took place and were therefore able to say "no call took place" and cross their fingers that it wasn't challenged.

April...

Bit of a wing and a prayer though isn't? it

[Jane]

April...

Bit of a wing and a prayer though isn't? 

I'll go along with that, Roch!!!!!! Got any better ideas?

[Roch]

I'll go along with that, Roch!!!!!! Got any better ideas?

How did the defence not manage to have it struck out as inconclusive and therefore irrelevant?  Much damage might have been done to JB's chances in general, if in the run up to trial and during the investigation, the police did take this step.