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  1. #1
    tiarna Guest

    Default British Criminal System Under Fire

    The Fundamental Flaws in the Arrest, Trial, and Appeals of Christy Walsh

    "… if a defendant has been denied a fair trial it will almost be inevitable that the conviction will be regarded unsafe, the present case in our view constitutes an exception to the general rule."
    Lord Carswell, Appeal Judgment January 2002

    “If ever there was a clear case of a miscarriage of justice, this is it.....Lord Chief Justice, Sir Robert Carswell, refused to quash Christy Walsh's conviction, issuing one of the worst judgments we have ever seen. ”
    British Irish Rights Watch (BIRW) is an independent non-governmental organisation that has been monitoring the human rights dimension of the conflict, and the peace process, in Northern Ireland since 1990.

    On Monday the 4th December 2006 Ulster TV will broadcast a documentary on this case for anyone who can get this channel (It is also free-to-view for over the internet if anyone how knows how to access such channels)

    this is an open letter from Christy Walsh

    Dear Sir/Madam,

    The British Criminal Cases Review Commission had referred my case back to the Appeal Court in March 2000. The CCRC can only make a referral if it believes a conviction to be unsafe.

    The Court refused to consider the referral along with other crucial new evidence on grounds that my Solicitor had not observed Section 25 of the Criminal Appeal (NI) Act 1980. Section 25 covers the admissibility stage of introducing any new evidence to the Court.
    • My case had been reduced by the Trial Judge to one of my word against the word of two Soldiers. Eight years ago these Soldiers made new sworn statements, where one completely retracted his Trial testimony. No Court has ever considered these new statements.

    • Both the NI Law Society and NI Independent Lay Observer are in agreement that my acting Solicitor had observed Section 25. This means the Court was not justified for refusing to consider the CCRC’s referral and the Soldiers new statements.

    Further new evidence from a leading fingerprint expert throws serious doubt on the validity of evidence which the Court relied upon at my Trial.

    A fresh application was made to the Court seeking leave to call the CCRC's ‘Statement of Reasons’ document and also the Soldiers new statements. In addition, other significant new discoveries have also been brought to the Court’s attention.

    On 22nd November 2006 a fresh application was made to the Belfast High Court.

    Sincerely,


    Christy Walsh

    bt126ar@hotmail.com
    www.christywalsh.com

  2. #2
    Join Date
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    Default Re: British Criminal System Under fire

    Did you have a question about this, or is this posted in the manner of a press release?

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