Criminal Cases Review Commission
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Commission refers the murder conviction of Errol Heibner to the Court of Appeal
The Criminal Cases Review Commission has referred the murder conviction of Errol Clive Heibner to the Court of Appeal.
Mr Heibner pleaded not guilty to the murder of Mrs Beatrice Gold, in London in September 1975 but was convicted on 18th of November 1976 at the Central Criminal Court. He was sentenced to life imprisonment. A tariff of 25 years was set, which Mr Heibner served.
He sought leave to appeal against his conviction but his application was refused by the Court of Appeal in December 1978. Following comments made about the case by the Court or Appeal, the Home Office instructed the Metropolitan Police to conduct an inquiry into Mr Heibner’s conviction. A report was submitted to the Home Office in July 1979, but the Home Secretary did not refer Mr Heibner’s conviction back to the Court of Appeal.
Mr Heibner made a second application for review to the Home Office in 1992 and the Metropolitan Police conducted a second investigation. A second report was submitted in September 1992, but the Home Secretary again declined to refer Mr Heibner’s conviction to the Court of Appeal.
Mr Heibner first applied to the Criminal Cases Review Commission in 2002 but the Commission decided not to refer his case. Mr Heibner’s case was reopened by the Commission in 2007 (see Notes to Editors).
Having considered a range of issues, including the admissibility and treatment of confession evidence at trial, and new evidence relating to a witness at trial, the Commission is referring the conviction to the Court of Appeal because it considers that there is real possibility that the court may not uphold the conviction.
Mr Heibner is represented by Ms Rhona Friedman of Bindman & Partners Solicitors, 275 Gray’s Inn Road, London WC1X 8QB.
This press release was issued by Justin Hawkins, Head of Communication, Criminal Cases Review Commission, on 0121 633 1806 or e-mail press@ccrc.gov.uk
NOTES TO EDITORS
1. Mr Heibner first applied to the Commission in 2002. The
Commission decided not to refer the case. However, Mr Heibner’s
lawyers began an action for Judicial Review at the Administrative
Court. With the consent of the Administrative Court, the
Commission decided to reopen the case and Mr Heibner withdrew the
JR claim. The referral mentioned in this press release results
from the Commission’s reopening of the case in 2007.
2.
The Criminal Cases Review Commission is an independent body set up
under the Criminal Appeal Act 1995. It is responsible for
reviewing suspected and alleged miscarriages of criminal justice
in England, Wales and Northern Ireland. It is based in Birmingham
and is funded by the Ministry of Justice.
3. There are 11 Commissioners who bring to the Commission considerable experience from a wide variety of backgrounds. Commissioners are appointed by the Queen on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.
4. The Commission receives around 1,000 applications for reviews (convictions and/or sentences) each year. Typically, around 4%, or one in 25, of all applications are referred to the appeal courts.
5. The Commission considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal. Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”.
6. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe or the sentence unfair.
Contacts:
Criminal Cases Review Commission Press Office
Phone: 0121 633 1806
press@ccrc.gov.uk
Justin Hawkins
Phone: 0121 633 1806
press@ccrc.gov.uk
