By Gabriel Princewill-
The Ministry of justice(The MOJ) has today responded to the ongoing campaign for the swift release of convicted killer Jason Moore.(pictured)
The MOJ was responding to our probe over an investigation from Newsquest that questions the safety of the conviction of Mr.Moore- a man whose imprisonment relied on the evidence of a single drunk witness.
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Their response also comes after a special service held by relatives of Jason Moore and his supposed victim Robert Darby at All Saints Church, Poplar, on the tenth anniversary of Jason’s sentencing hearing.
Some analysts observing this matter have pointed the complexity surrounding the expectation that the testimony of a drunk person should be automatically dismissed simply because they were intoxicated at the time.
One solicitor anonymously told this publication: ‘Being drunk does not automatically render a witness testimony invalidated.
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How the system addresses miscarriages of justice is just as important as how it assures the public that it is fully committed to justice.
The Attorney General refers lenient cases to the Court of Appeal, by speeding up the process of freeing murder convicts who are likely to be innocent of the crimes they have been convicted of.
The MOJ told this publication that it cannot speedily intervene in a similar manner to the Attorney General because there are externa; bodies in place to do this.
”The review of convictions are taken seriously by the CCRC and there is a huge process in place for dealing suspected miscarriages of justice. External bodies are in place to deal with these sort of matters.
Last month, lawyers for both families compiled an application to the Criminal Cases Review Commission (CCRC) based on the groundbreaking evidence unearthed by Newsquest in spring 2023, which disclosed concerning shortcomings in the process that led to his conviction.
The investigation revealed that the key prosecution eyewitness, who identified Moore as the perpetrator now admits he was intoxicated at the time and is uncertain about his identification.
Ahmed contested the accuracy of his memory, stating, “It was the blink of the eye! I was passing by! How could you remember things like that? And I was drunk!”
Some observers say the CCRC can benefit from external intervention from the Ministry Of Justice in much the same way as the judicial system benefits from the Attorney General’s involvement in matters relating to the unduly lenient sentence.
In Britain, The Attorney General refers cases to the Court of Appeal where the sentence for an offence appears to be unduly lenient, but no such equivalent intervention appears to exist for potentially glaring miscarriages of justice in the Uk.
Advocates of justice believe an equivalent role is necessary in the Ministry of Justice, in order to rectify miscarriages of justices quickly, particularly in murder cases where the stakes are higher.
Two demonstrations have already taken place this year in relation to calls for the release of Mr. Moore, the most recent one occurring in June at the High Court in the Strand.
Miscarriages of justice are unacceptable and contradict the overarching purpose of justice embodied in the rule of law.
The Flawed Process
The conviction of Mr Moore is disturbing because of the questionable evidence of a drunk man used to convict him.
The prosecution’s star eyewitness, Abdul Ahmed, had identified an innocent volunteer as the stabber during initial identification procedures. Moreover, in subsequent line-ups, Ahmed failed to recognize anyone, casting doubt on the reliability of his original testimony.
Troublingly, it wasn’t until Ahmed participated in an additional identification procedure in 2012, seven years after the stabbing, when he identified Moore as the perpetrator.
Newsquest’s investigation suggests that such a procedure should never have occurred because during this process, Ahmed’s identification became the linchpin that led to Moore’s murder charge and subsequent conviction.
Further evidence that points to the innocence of Moore was presented by Dave McKelvey- a former highly-decorated Met Police detective dedicating years to probing the safety of Jason’s conviction.
Mc Kelvey emphasized the pivotal role Ahmed’s evidence played in securing the conviction, stating that it fundamentally challenges the integrity of the entire conviction.
He presented a 40 page dossier to the CCRC last year and has lamented the fact the body failed to even communicate with him about his carefully detailed assessment of the case.
The CCRC has failed to explain why it did not address the dossier of the experienced detective, either rejecting its validity or taking its recommendations on board.
The failure to disclose crucial information about the eyewitness’s state during the identification process raises serious questions about the robustness of legal procedures and the need for a thorough review to rectify potential miscarriages of justice in the UK.
In 2022, the Law Commission published a pre-consultation engagement with stakeholders to identify a number of technical reforms to improve the way in which appeals are dealt with.
The Commission said it was seeking to identify any areas of the law where reform is required to enable the correction of miscarriages of justice and to ensure that appeals can be dealt with efficiently, effectively, appropriately and fairly.
It said it planned to publish a consultation paper in 2024, which will lay out the areas identified a need for reform, and will include provisional proposals for change.
The CCRC was contacted for comment about this matter and their past failure in redressing miscarriages of justice.
A CCRC spokesperson said: “An application has been received related to this case. It would be inappropriate for us to discuss the application or make any comment at this stage.”
An MOJ spokesperson said : “We want the criminal appeals system to be as efficient and effective as possible which is why we’ve asked the Law Commission to examine whether reforms are needed. We look forward to their findings once the review has concluded.”
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