CRIMINAL CASES REVIEW
COMMISSION News Release (CCRC 07/07) issued by The Government News
Network on 22 February 2007
The Criminal Cases
Review Commission has referred to the Court of Appeal the
conviction for murder of Robert Kennedy.
On 13 December 1991 at Plymouth Crown Court Mr Kennedy was
convicted of the murder of Arthur James Eathorne. He was sentenced
to life.
The prosecution contended that the murder took place at Mr
Eathorne's flat between Tuesday evening and Wednesday morning
on 18-19 September 1990.
Mr Kennedy appealed against his conviction. In March 1995 the
Full Court dismissed his appeal. Mr Kennedy applied to the
Commission in December 2000.
The Commission's review included a two-year section 19
inquiry by Devon and Cornwall Constabulary, directed by the
Commission. The force's final report was submitted to the
Commission in January 2006.
Having considered a range of issues, including new DNA profiles
on two cigarette butts at the scene which were found not to match
Mr Kennedy's profile, new information about the probable time
of Mr Eathorne's death and issues of disclosure, the
Commission has decided to refer the case back to the Court of Appeal.
The Commission is the independent public body set up by
Parliament in 1997 to investigate possible miscarriages of justice
in England, Wales and Northern Ireland to decide if they should be
referred to the appeal courts.
Mr Kennedy is represented by Mr Maslen Merchant of Hadgkiss
Hughes and Beale Solicitors, 83 Alcester Road, Moseley, Birmingham
B13 8EB, tel 0121 449 5050
This press release was issued by Boris Worrall, Head of
Communication, Criminal Cases Review Commission
NOTES TO EDITORS
1. 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.
2. There are at least 11 Commissioners who bring to the
Commission considerable experience from a wide variety of
backgrounds. Appointments to the Commission are made in accordance
with the Office for the Commissioner for Public Appointments'
Code of Practice.
3. Any decision to refer a case to the relevant court of appeal
has to be taken by a committee of at least three Commissioners.
4. The Commission considers whether or not there is a real
possibility that the conviction, finding, verdict or sentence
would not be upheld were a reference to be made.
Conviction: to establish that there is a real possibility that a
conviction will be quashed, there has to be:
* an argument or evidence which has not been raised during the
trial or at appeal; or
* exceptional circumstances
Sentence: to establish that there is a real possibility that a
sentence will be varied, there has to be:
* a legal argument or information about the individual, or the
offence, which was not raised in court during the trial or at appeal.
5. The Commission may decide in its discretion not to refer a
case even where the "real possibility" test is satisfied.
6. Other than in exceptional circumstances, the Commission can
only consider cases in which an appeal through the ordinary
judicial appeal process has failed.
7. Once a decision is taken to refer a case to the relevant court
of appeal, the Commission usually has no further involvement.