Play on words.
Mike you know what the grounds of appeal were and how they were responded to.
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No, its not a play on words, these 16 points were made at the opening of the appeal in 2002, but no evidence was adduced to back any of those arguments up, which does not entitle the court of appeal to reject the evidence that was not called, simply because those 16 points were made at the opening address to the court. If no evidence was actually adduced at the appeal with regards to those 16 points, but such evidence existed, it does not entitle the court to reject the evidence that does exist to support such arguments and grounds, if such evidence existed but which was not introduced?
If the defence did not introduce evidence to back up their claims on those 16 points, it does entitle the court to reject their claims. It was up to the defence to produce that evidence, or if the documents were not available but they believed such documents existed, it was up to them to ask the court to make the prosecution produce those documents in advance.
It's no good going into an appeal and just claiming that something happened - there has to be a good reason for them thinking that such a thing happened.
