Monday, January 27, 2025

Jason Moore: U.K. Major Development: Flawed pathology; Flawed pathologist): Induction of Dr. Kenneth Shorrock to The Charles Smith blog! The family of Robert Darby, the man Jason Moore was convicted of stabbing to death 20 years ago, is now campaigning for his release and branding the conviction as an 'insult to reason and fairness," the daily Mirror (Crime Editor Tom Pettifog) reports, noting that: "Jason Moore is serving a life sentence for the 2005 knifing of Robert Darby in Ilford, East London. But Robert's family insist Moore did not commit the crime. The Criminal Cases Review Commission is understood to be considering whether the case should be referred to the Court of Appeal. Mr Moore's sister Kirstie Moore claims a key witness, who originally said they saw the murder, now says they did not."




PUBLISHER'S NOTE: A very relevant part of this story vis a vis this Blog is the reference to "a pathologist whose findings were presented in court had been struck off for "serious misconduct" before the trial began. The jury was not told of this." Naturally curious, I consulted my good overworked friend 'Google', who directed me to an article by Investigative Reporter Charles Thomson in the Romford Recorder headed ,"Jury not told pathologist struck off." (August 3, 2023. The article, part of an excellent  series of five articles on the Moore case, can be read in its entirety at:


https://www.romfordrecorder.co.uk/news/23424711.jason-moore-murder-case-jury-not-told-pathologist-struck-off/


It notes, in part, that:  "A pathologist, whose findings were presented to jurors in an East End murder trial, committed a catalogue of “serious misconduct” in other cases which resulted in innocent people being charged with crimes. Dr Kenneth Shorrock was deemed by a Home Office tribunal to be so compromised that his appearance at any future trial as a prosecution witness would be discrediting. But in the case of Jason Moore, the Crown Prosecution Service (CPS) simply asked a different pathologist to deliver Dr Shorrock’s findings to the jury. Jurors were not told of Dr Shorrock’s credibility issues. They were told he didn’t give evidence because he was “ill”. “There is no question – the court was misled,” claimed Satish Sekar, a miscarriage of justice investigator."


As Reporter Thomson notes, Pathologist Shorrock  was struck off the medical 'roles for  some very  good reasons

"In 2012, a tribunal said 27 counts of misconduct against Dr Shorrock had been admitted or proved, over two cases in which his findings resulted in innocent people facing criminal charges.

In one case, Dr Shorrock said the deceased was killed by a blow to the neck, leading to a manslaughter charge.

But peers found he failed to properly examine the body, misinterpreted medical evidence and gave a conclusion without waiting for toxicology results.

The charge was thrown out.

In the second case, he said a man was strangled, resulting in a murder charge.

Experts found “well-recognised alternative explanations”, and said Dr Shorrock was “blinkered and intransigent” when questioned.

The murder charge was thrown out.

Discredited

“Dr Shorrock’s standard of conduct and work prejudiced the criminal investigations that occurred – and we are satisfied that his presence on the register would pose a risk of such prejudice in future,” the tribunal panel wrote, weeks before Jason’s trial.

“Dr Shorrock’s credibility as an expert witness in future proceedings concerning suspicious deaths would inevitably be undermined.

“It seems to us likely that if Dr Shorrock… were to be called as a prosecution witness in future criminal proceedings, our findings would have to be disclosed to defence representatives.

“The significant failings… would be capable of undermining his credibility as a forensic pathologist called by the prosecution.”

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QUOTE OF THE DAY: "(Jason Moore's sister) Kirstie said previously: "For the past nine years, my brother has been locked up for a crime he did not commit. There was no forensic or CCTV evidence indicating Jason's guilt. All the police had was an unreliable eyewitness whose patchy account of what happened outside the Valentine in Perth Road on August 24, 2005, was riven with confusion and contradictions." It has also emerged that a pathologist whose findings were presented in court had been struck off for "serious misconduct" before the trial began. The jury was not told of this."


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QUOTE TWO OF THE DAY: " (The deceased Robert  Darby's brother): "Tim told the Mirror last year: "The killer's still out there - walking around knowing he did it." The Met Police said: "We will assess any new information. This investigation remains closed, but should circumstances change we will assess them."


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PASSAGE  ONE OF THE DAY: "On Monday, Robert's family wrote an open letter to the CCRC, the Prime Minister and the Justice Secretary and said: "This conviction is an insult to reason and fairness, and every day the Criminal Cases Review Commission delays action deepens this failure. Jason Moore continues to suffer in prison for Robert's death - a crime someone else committed." The letter, written on behalf of the family by Robert's brother Tim, added: "The CCRC has already failed once, and this cannot happen again. Recent cases have exposed serious flaws in the system, and Jason Moore cannot be another victim of its failures." It comes after the chair of the CCRC, Helen Pitcher, resigned last week in the wake of criticism over failings in the case of Andrew Malkinson which saw him spend 17 years in jail for a rape he did not commit. Moore was given a life sentence with a minimum of 18 years."


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PASSAGE TWO OF THE DAY: "Moore, now 54, admitted Robert, 42, had threatened him and that he had been at the car park of the Valentine pub in Gants Hill, Ilford, at the time of the murder. But he insisted he was in a car when the stabbing took place. After the trial, Tim, 64, teamed up with Kirstie, 52, as she started gathering information. Moore's case was rejected by the Court of Appeal in 2017 and the Criminal Case Review Commission refused to reconsider his conviction in 2023. Now a witness to the killing has admitted he had been drinking at the time of the incident, Kirstie says. The witness picked Moore out of a photo ID parade seven years after the murder, in 2012. But he claims he told police he had been drinking when he saw the stabbing, the Romford Recorder has reported. This was never mentioned in court or disclosed to the defence, Moore's legal team insist."


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STORY: "The man in jail for killing my brother didn't do it – it's an insult to fairness,'

by Tom Pettifog, published by The Mirror, on January 23, 2025. (Tom  Pettifor is the Daily Mirror's Crime Editor. He is the co-author of One Last Job, writer and presenter of the "Stealing Victory" podcast series and executive producer of Channel 4's "Who Stole the World Cup?" He is a two time British Journalism Awards nominee.)


SUB-HEADING: "Family of Robert Darby insist Jason Moore did not stab him to death as they campaign for his release, branding the conviction an 'insult to reason and fairness,' The  Daily Mirror (Crime Editor Tom Pettifor), reports, noting that:


SUB-HEADING: "Jason Moore denied murdering Robert Darby but was convicted in 2013."


GIST: "The family of a man stabbed to death 20 years ago have said the "wrong man is in prison" for his murder."

Jason Moore is serving a life sentence for the 2005 knifing of Robert Darby in Ilford, East London. But Robert's family insist Moore did not commit the crime. The Criminal Cases Review Commission is understood to be considering whether the case should be referred to the Court of Appeal. Mr Moore's sister Kirstie Moore claims a key witness, who originally said they saw the murder, now says they did not.

On Monday, Robert's family wrote an open letter to the CCRC, the Prime Minister and the Justice Secretary and said: "This conviction is an insult to reason and fairness, and every day the Criminal Cases Review Commission delays action deepens this failure. Jason Moore continues to suffer in prison for Robert's death - a crime someone else committed."

The letter, written on behalf of the family by Robert's brother Tim, added: "The CCRC has already failed once, and this cannot happen again. Recent cases have exposed serious flaws in the system, and Jason Moore cannot be another victim of its failures." It comes after the chair of the CCRC, Helen Pitcher, resigned last week in the wake of criticism over failings in the case of Andrew Malkinson which saw him spend 17 years in jail for a rape he did not commit. Moore was given a life sentence with a minimum of 18 years.

Moore, now 54, admitted Robert, 42, had threatened him and that he had been at the car park of the Valentine pub in Gants Hill, Ilford, at the time of the murder. But he insisted he was in a car when the stabbing took place. After the trial, Tim, 64, teamed up with Kirstie, 52, as she started gathering information. Moore's case was rejected by the Court of Appeal in 2017 and the Criminal Case Review Commission refused to reconsider his conviction in 2023.

Now a witness to the killing has admitted he had been drinking at the time of the incident, Kirstie says. The witness picked Moore out of a photo ID parade seven years after the murder, in 2012. But he claims he told police he had been drinking when he saw the stabbing, the Romford Recorder has reported. This was never mentioned in court or disclosed to the defence, Moore's legal team insist.

Kirstie said previously: "For the past nine years, my brother has been locked up for a crime he did not commit. There was no forensic or CCTV evidence indicating Jason's guilt. All the police had was an unreliable eyewitness whose patchy account of what happened outside the Valentine in Perth Road on August 24, 2005, was riven with confusion and contradictions." It has also emerged that a pathologist whose findings were presented in court had been struck off for "serious misconduct" before the trial began. The jury was not told of this.

Tim told the Mirror last year: "The killer's still out there - walking around knowing he did it." The Met Police said: "We will assess any new information. This investigation remains closed, but should circumstances change we will assess them.""

The entire story can be read at:

https://www.mirror.co.uk/news/uk-news/the-man-jail-killing-brother-34536374.amp

PUBLISHER'S NOTE:  I am monitoring this case/issue/resource. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic"  section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com.  Harold Levy: Publisher: The Charles Smith Blog.

SEE BREAKDOWN OF  SOME OF THE ON-GOING INTERNATIONAL CASES (OUTSIDE OF THE CONTINENTAL USA) THAT I AM FOLLOWING ON THIS BLOG,  AT THE LINK BELOW:  HL:


https://www.blogger.com/blog/post/edit/120008354894645705/4704913685758792985


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FINAL WORD:  (Applicable to all of our wrongful conviction cases):  "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."

Lawyer Radha Natarajan:

Executive Director: New England Innocence Project;


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FINAL, FINAL WORD: "Since its inception, the Innocence Project has pushed the criminal legal system to confront and correct the laws and policies that cause and contribute to wrongful convictions.   They never shied away from the hard cases — the ones involving eyewitness identifications, confessions, and bite marks. Instead, in the course of presenting scientific evidence of innocence, they've exposed the unreliability of evidence that was, for centuries, deemed untouchable." So true!


Christina Swarns: Executive Director: The Innocence Project;

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