Series 2 Episode 5 - When trials go wrong Part 2 - Identification, Science and Non-Disclosure
(00:35:30)
Identification, science and non-disclosure as grounds of appeal in criminal cases.
Warning: This episode contains a criminal appeal case in which limited reference is made to sexual violence. Listener discretion is advised.
In episode 5 of Series 2 of the Defence Barrister Podcast, we move on to another case which depended considerably on eyewitness evidence, and how the Court of Appeal dealt with it, and that is the case of Andrew Malkinson, a case where advances in scientific evidence came to his aid, albeit many years after his conviction.
This was a case in which the grounds of appeal also raised clear failures by the prosecution to act in accordance with its duty of disclosure, so we’ll look at that too, and also why non-disclosure was at the heart of the multiple miscarriages of justice in the Post Office appeals.
I hope you enjoy this episode and thank you for listening.
NOTES
Throughout this podcast I have referred to legislation, cases and to further information and reading. Becoming a member of Defence-Barrister.co.uk gives you access to information on what is covered in this podcast on Life Sentences, as well as detailed guides and information on trials, sentencing and appeals. https://www.defence-barrister.co.uk/subscribe
Malkinson [2023] EWCA Crim 954 https://www.judiciary.uk/wp-content/uploads/2023/08/Malkinson-v-the-King-070823-judgment2.pdf
Hamilton and others v Post Office Limited [2021] EWCA Crim 21 https://www.judiciary.uk/wp-content/uploads/2022/07/Hamilton-Others-v-Post-Office-judgment-230421.pdf
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