Here's a current probable miscarriage of justice case

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Here's a current probable miscarriage of justice case

Postby Penta » Wed Oct 13, 2004 8:25 pm

This is going to be on the BBC Newsnight programme tonight and tomorrow. The programme starts at 10.30 in the UK. You can watch it live or in the following 24 hours by following this link (and there's much more info on the site):

http://news.bbc.co.uk/1/hi/programmes/n ... 733758.stm


New evidence questions Briton's murder conviction

By Tim Samuels
Correspondent, BBC Newsnight



New evidence suggests a British businessman convicted of a double murder in Florida suffered a miscarriage of justice, a BBC investigation reveals.

Krishna Maharaj, a 65-year-old businessman from London, was convicted for the 1986 murder of a Jamaican father and son in a hotel room in Miami, Florida and has already served 18 years in a US jail.

Maharaj - who spent the bulk of his time in prison on Death Row - has always protested his innocence.

But now the Newsnight investigation has unearthed new information raising doubts about the reliability of the two key prosecution witnesses, whose testimonies were critical in putting Maharaj behind bars.

Alibi witnesses

The investigation also traced one new alibi witness, and asks questions about why five other alibi witnesses - all placing Maharaj 30 miles away from the scene of the crime at the time of the murders - were never called to testify.

The findings suggest Krishna Maharaj is the victim of a miscarriage of justice and add credibility to theories that he was framed for the murders.

One of the prosecution witnesses, Jamaican Tino Geddes, originally provided an alibi for Krishna Maharaj but changed his story on the eve of the trial in 1987 to say that the Londoner had planned the murders.

But now Tino Geddes has revealed to the BBC information which raises questions over his reliability as a witness.

At the time of the trial, Geddes was himself facing a criminal trial for bringing ammunition into Jamaica from the US; a charge which could carry a jail sentence.

The Maharaj case prosecutors flew to Jamaica and assisted Geddes in the case.


Tino Geddes has also revealed that the authorities helped him with a charge for driving under the influence of alcohol - and that the prosecutors went to a lap-dancing bar with their star witness.
"If the jury had really got the story about how Tino was getting favours from the government it would have made them look very differently at Tino," says Maharaj's British defence lawyer Clive Stafford Smith.

Lie detector test

Further doubts have emerged about the second key prosecution witness, Neville Butler, who was the only apparent eyewitness to the crime, and also critical to Krishna Maharaj's conviction.


There are real reasons for thinking that he [Maharaj] may have been framed, that crucial evidence about the principal prosecution witness may not have been disclosed, indeed was not disclosed
Former Attorney General Sir Nicholas Lyell QC

Maharaj's defence team claim that Neville Butler failed part of his lie-detector test (Maharaj passed his) and that his account is riddled with inconsistencies, such as changing versions of who booked the hotel room where the murders took place.
In the Bahamas, the BBC spoke to a tour operator, Prince Ellis, who says he saw Butler on the day of the murders.

Prince Ellis told Newsnight, he spent the evening with Butler and another man Eddie Dames.

Mr Ellis claims Butler had blood on his shirt, had never mentioned Krishna Maharaj's name once during the evening, and was told by Mr Dames to get his "story straight" before going to the police.

Mr Ellis also says Butler implied that more than one person was involved in the shooting - contrary to his account in court that Maharaj had acted alone.

Krishna Maharaj has always maintained that at the time of the murders in Miami, he was 30 miles away in Fort Lauderdale.

Indeed, all the five alibi witnesses have stated that he was in Fort Lauderdale at the time - yet not one of them was called to testify at his trial.

Judge arrested

But this was no ordinary trial: the judge was arrested and led away in handcuffs after three days on suspicion of taking bribes in another case.

Newsnight traced one new alibi witnesses, a woman who has now spoken out for the first time.

She says she saw Krishna Maharaj in Fort Lauderdale twice during the time when the state says the murders occurred in Miami - between 11am and noon on 16 October 1986.


When asked whether it was feasible that sometime between 11am and noon Krishna Maharaj could have been in downtown Miami committing murder, she replied: "No, it's not. No, it's not. Absolutely not."
The BBC also tracked Adam Hosein in Trinidad who Maharaj's defence lawyers think has some serious questions to answer in this case.

A former employee of Hosein, George Abchal, claims that on the day of the murders Mr Hosein said he was going to the hotel where the killings occurred. Mr Abchal also claims a gun and silencer were missing from Mr Hosein's drawer and that night he told him he had "eliminated" a few people.

The man has never been questioned by the police in relation to this case.

Re-trial battle

Some 300 British politicians from all the main parties support his quest for a retrial - including a former UK attorney general.

The former Attorney General Sir Nicholas Lyell QC is one of those advocating a retrial.

Sir Nicholas, who for five years was the government's chief legal officer, told the BBC: "There are real reasons for thinking that he may have been framed, that crucial evidence about the principal prosecution witness may not have been disclosed, indeed was not disclosed, that he was inadequately represented, that the case was handled by a judge who in the middle of the case was arrested and subsequently disbarred.

"And that there are real reasons for all those reasons to think that this is a grave miscarriage of justice which one would hope can be put right."

But for all the evidence suggesting a miscarriage of justice, Krishna Maharaj is struggling to win a re-trial.

Two years ago, after spending more than 15 years on Death Row, his sentence was commuted to 50 years in jail - because of judicial impropriety in his original trial.

His defence team remain frustrated by the inability to get new evidence admitted before a court and fear that the legal avenues may soon prove fruitless.

They are calling on the British government to pave the way for repatriating Maharaj back to the UK.

Newsnight's investigation into Krishna Maharaj's conviction will be broadcast in two parts on Wednesday, 13 October and Thursday, 14 October, 2004.

Newsnight is broadcast on BBC Two at 10.30pm every weeknight in the UK.


Story from BBC NEWS:
http://news.bbc.co.uk/go/pr/fr/-/1/hi/p ... 733758.stm

Published: 2004/10/13 05:01:39 GMT

© BBC MMIV
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Penta
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Postby Dim » Wed Oct 13, 2004 8:43 pm

Here's an incredible miscarriage of justice - the West Memphis Three.

http://www.wm3.org/

Shortly after three eight-year-old boys were found mutilated and murdered in West Memphis, Arkansas, local newspapers stated the killers had been caught. The police assured the public that the three teenagers in custody were definitely responsible for these horrible crimes. Evidence?

The same police officers coerced an error-filled “confession” from Jessie Misskelley Jr., who is mentally handicapped. They subjected him to 12 hours of questioning without counsel or parental consent, audio-taping only two fragments totaling 46 minutes. Jessie recanted it that evening, but it was too late— Misskelley, Jason Baldwin and Damien Echols were all arrested on June 3, 1993, and convicted of murder in early 1994.

Although there was no physical evidence, murder weapon, motive, or connection to the victims, the prosecution pathetically resorted to presenting black hair and clothing, heavy metal t-shirts, and Stephen King novels as proof that the boys were sacrificed in a satanic cult ritual. Unfathomably, Echols was sentenced to death, Baldwin received life without parole, and Misskelley got life plus 40.

For over 11 years, The West Memphis Three have been imprisoned for crimes they didn’t commit. Echols waits in solitary confinement for the lethal injection our tax dollars will pay for. They were all condemned by their poverty, incompetent defense, satanic panic and a rush to judgment.
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Postby Penta » Wed Oct 13, 2004 8:49 pm

I know we all have our terrible miscarriages of justice -- we've had probably more than our fair share, especially with the big Irish bombing cases (Guildford Four, Birmingham 6) -- but some of those in the US seem to be so much more grotesque than anything I've ever read about in the UK. And at least we don't execute our mistakes -- or give them obscenely long sentences.
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Postby Penta » Wed Oct 13, 2004 8:56 pm

Clive Stafford Smith, who has spent 25 years in the US defending people facing execution, has set up a charity called Reprieve since he's come back to England. There's a website, not all functioning yet:
http://www.reprieve.org.uk/
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Postby Dim » Wed Oct 13, 2004 8:56 pm

New Zealand also has it's share of high profile mis-trials - and we're supposed to be one of the least corrupt nations on earth (Transparency International usually has us in the top three).

http://www.peterellis.org.nz/1996/1996- ... heCase.htm
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