The CCRC has decided against sending Eddie Gilfoyle’s case back to the Court of Appeals, stating that they ‘found no basis to refer it from all the arguments made to us.’
Their spokesman told the Liverpool Echo: “Our statutory test is if the Court of Appeal would not have a realistic chance of quashing a conviction – in this case, there was not.”
The new evidence submitted to the CCRC by Gilfoyle’s legal team included a report that was withheld from the original trial defence team describing the slapdash treatment of the crime scene, including not setting up a cordon, allowing officers to walk around it, compromising potntial forensic evidence and failing to take any crime scene photos. Merseyside Police originally denied any such report existed. This report, compiled by Chief Superintendent Ted Humphreys, was said to contain a note written by another senior officer which stated that they felt it “… inappropriate to supply a copy of the report, and that the defence were on a fishing expedition and if they wanted a copy of the report they would have to apply for a production order”. It was on this basis that Police lied about its existence.
Gilfoyle’s solicitors, Birnberg Pierce & Partners, gave this statement:
This is far from the end of Eddie Gilfoyle’s fight to clear his name. There will never be an end when someone like Eddie Gilfoyle is wrongly convicted. Eddie Gilfoyle has had to fight system failure within the legal system, his case has now become a sad example of systems failure within the CCRC. Eddie ilfoyle will want to make an informed decision and is faced with the potential of taking on the CCRC in addition to every organ of the legal system to get justice. It’s regrettable but it is maybe in the wider interest of others for him to do so.
The CCRC spent over half a decade considering Gilfoyle’s appeal. By way of contrast, it’s interesting to note that the CCRC’s accepted, investigated and referred back to the Court of Appeal the Ched Evans case all within the space of ten months, which is amazing given that the CCRC’s own guidance that states that they will aim to allocate – not even start investigating, but simply decide who will investigate – comparable cases within 8 months. Evans has done extremely well to get his case reviewed and overturned so quickly given that Eddie Gilfoyle has been fighting against the system since 1993
For more information, or a complete overview of the case, please refer to Eddie’s excellent campaign website: http://www.eddiegilfoyle.co.uk/