Lawyers have applied to the court of appeal for the case to be reopened after receiving documents allegedly from police files.
The case of Kevin Lane, jailed for life for a 1994 hitman murder, could be dramatically reopened if documents sent anonymously to his lawyers, allegedly from police files, prove genuine. The papers are at the centre of an application for his case to be reheard.
Lane was jailed for life at the Old Bailey in 1996 for the murder of Robert Magill in Chorleywood, Hertfordshire. Magill was shot dead, while out walking his dog, by two men who fled in a BMW. Lane was later arrested and stood trial with another man, Roger Vincent, who was cleared.The main evidence against Lane was a fingerprint found on an item in the boot of the getaway car. The jury could not reach a decision in his first trial, but he was convicted by a 10-2 majority at a subsequent trial. He has consistently protested his innocence.
In April this year, 70 pages of documents, supposedly detailing aspects of the case against Lane and containing details on informants, was sent to his lawyers, Hadgkiss, Hughes & Beale in Birmingham. As a result of the information contained within, and other unresolved aspects of the case, an application has been made to the court of appeal for the case to be heard and for Lane to be released on bail pending the appeal. He is now in Rye Hill prison, having served most of his recommended minimum sentence of 18 years in Frankland prison.
The court of appeal has passed the new evidence to the Crown Prosecution Service to assess whether the documents are genuine. The CPS confirmed that such a request had been made and that they have been asked to respond by 9 September.
Lane's case has been reviewed on three occasions by the Criminal Cases Review Commission (CCRC), with the latest review initiated three years ago and still to be completed. Because the case has now gone to the court of appeal, the current review has been suspended.
"The Commission was informed on 18 August by Mr Lane's lawyers that they have now applied direct to the court of appeal for leave to appeal against his 1996 murder conviction," the CCRC said in a statement. "We have written to Mr Lane's legal [team] to let them know what this development means for our review of the case."
Maslen Merchant, Lane's legal representative, said : "If these documents are genuine, it shows beyond doubt that Kevin Lane is innocent."
The lengthy submission to the court of appeal, put forward by Joel Bennathan QC of Tooks chambers, argues that there are now "so many odd and troubling features" in the "exceptional case" that the granting of an appeal hearing is essential.
Lane has long argued that he has been the victim of a serious miscarriage of justice.
