Monday 22 December 2014

CCRC Fast Tracks David Morris Review

Following receipt of further representations submitted on behalf of David, The Criminal Cases Review Commission ("CCRC") has confirmed that it has given "level one" priority status to its review of his convictions for murder.

It is hoped the review will begin in February 2015.

The Mail on Sunday reported this development on 21st December 2014. To read the article click here
 

An article highlighting David's case, and the submission of the application to the CCRC,  was published in the Mail on Sunday on 23rd November 2014. To read the article click here

David is represented by Francis FitzGibbon QC from Doughty Street Chambers, Brian Thornton of the University of Winchester Innocence Project and Maslen Merchant of Hadgkiss Hughes and Beale.


To contact the criminal department at Hadgkiss Hughes and Beale email enquiries@hhb-mo.co.uk or telephone 0121 449 5050.

Monday 8 December 2014

Case of Jasbinder Pal Heer in Observer Newspaper

An article highlighting Jasbinder's case, and the recent submission of grounds of appeal against his convictions, was published in the Observer Newspaper on Sunday 7th December 2014.

Jasbinder was originally prosecuted following a News of the World 'sting' operation in 2007.


To read the article click here

Jasbinder is represented by Patrick O'Connor QC from Doughty Street Chambers and Maslen Merchant of Hadgkiss Hughes and Beale.


To contact the criminal department at Hadgkiss Hughes and Beale email enquiries@hhb-mo.co.uk or telephone 0121 449 5050.

Wednesday 26 November 2014

Gordon Park Press Statement



PRESS STATEMENT REGARDING THE CASE OF

GORDON PARK (DECEASED)




As a result of a number of recent press articles regarding the case of Gordon Park, his family feel compelled to respond via this statement.
 
"The conviction for murder of Gordon Park deceased is currently being investigated by the Criminal Cases Review Commission.
 
The Commission’s investigation, it is hoped, will be thorough and will, inevitably, take some considerable time to complete.
 
It is understood that the Commission’s investigation is still in its early stages.
 
The family do not wish to make any further comment, at this stage."



Dated 26th November 2014

Hadgkiss Hughes & Beale Solicitors
83 Alcester Road

Moseley, Birmingham

B13 8EB

Tel: 0121 449 5050

Email: enquiries@hhb-mo.co.uk  

Monday 24 November 2014

Case of David Morris in Mail on Sunday Feature

An article highlighting David's case, and the recent submission of an application to the Criminal Cases Review Commission,  was published in the Mail on Sunday on 23rd November 2014.

 
To read the article click here

 
David is represented by Francis FitzGibbon QC from Doughty Street Chambers, Brian Thornton of the University of Winchester Innocence Project and Maslen Merchant of Hadgkiss Hughes and Beale.


To contact the criminal department at Hadgkiss Hughes and Beale email enquiries@hhb-mo.co.uk or telephone 0121 449 5050.

Thursday 9 October 2014

Danny Major - "Justice Denied"

A documentary highlighting Danny's case is now available to view online.
 
 
To view the video click here
 
 
Danny is represented by Maslen Merchant of Hadgkiss Hughes and Beale.
 

To contact the criminal department at Hadgkiss Hughes and Beale email enquiries@hhb-mo.co.uk or telephone 0121 449 5050.



Friday 4 July 2014

Conrad Jones - Conviction Quashed


Appeal Court quashes conviction of man accused of trying to derail Coventry murder trial


Conrad Jones had always denied terrifying a female witness in Clinton Bailey trial


A Coventry man who served years in jail after he was convicted of trying to derail a murder trial has had his conviction quashed after a ‘lamentable failure’ by prosecutors to disclose vital evidence.

Conrad Steven Jones, 48, formerly of Sewall Highway, Wyken, was accused of terrifying a female witness as he did all he could to prevent her giving evidence.

Jailed at Birmingham Crown Court for doing an act intending to pervert the course of justice in 2007, he served the custodial portion of a 12-year sentence.

But he has always denied any wrongdoing and, after taking his case to the Court of Appeal last month, has now had his name cleared by three top judges.

His legal team, headed by senior QC, Joel Bennathan, said evidence only revealed recently cast serious doubts on the credibility of the chief prosecution witness.

The prosecution alleged Jones had tried to help five men beat a murder charge after the shooting of Clinton Bailey at the Three Horseshoes pub, in Coventry, in April 2005.

The chief witness became the target of a “professional and organised” attempt to prevent her giving evidence at the trial, it was alleged.

She was offered money and threatened with serious violence.

Mr Bennathan said the crucial evidence, which the prosecution had all along, showed that it was highly improbable that Mr Jones was in Nottingham when the witness claimed to have met him there.

Had the jury been shown the evidence, they might have concluded that the meeting had been invented by the witness, he told the court.

Giving judgment, Lord Justice Pitchford spoke of a ‘lamentable failure’ by the prosecution to disclose the evidence in 2007.

He continued: “The only occasion when she claimed to have been threatened face-to-face by the appellant was at a meeting on 1 or 2 June 2006.

“We do not consider that this was a peripheral issue in the context of the case against this appellant.

“On the contrary, it was central both to the witness’ credibility on the issue of intimidation by the appellant and to the particulars of activity by the appellant on which the prosecution relied against him.

“If the jury had concluded that no such meeting had taken place, the impact upon her account of several other alleged events for which she claimed the appellant was responsible must, we conclude, have been significant.

“It is possible, if not probable, that the other evidence would have been sufficient to convict the appellant, but we cannot conclude that would have been the conclusion of the jury.

“We cannot conclude that the issue we have identified could be segregated from an assessment of her credibility in general.

“In our judgment, the verdict is unsafe and the conviction must be quashed.”

The judge, who heard the appeal with Mr Justice Turner and Mrs Justice Carr, did not order a retrial.

Mr Jones was not present in court.

Read the original article here

Conrad was represented by Joel Bennathan QC of Doughty Street Chambers and Maslen Merchant of Hadgkiss Hughes and Beale.

To contact the criminal department at Hadgkiss Hughes and Beale email enquiries@hhb-mo.co.uk or telephone 0121 449 5050.

 

Case Of Danny Major on Channel 4 News

'Public face of police brutality' fights to clear name

 
Channel 4
 
 
North of England Correspondent
 
PC Danny Major was convicted of assaulting a teenager in a police cell, imprisoned and sacked. He lost his appeal and criminal case review, but now the case has been reopened.
 
Bernadette Major looks me straight in the eye and says: "Everybody knows he didn't do it." Tears stream down her face, and her husband, Eric, leans in to console her.

"We're at the point of breaking," says Eric, "as you can see."

In front of us on the kitchen table stands a model depicting the inside of a police station in Leeds, painstakingly recreated by Bernadette. Everything is in black and white, except for a room marked "Cell #9", which has been shaded in blood red.

"This is where they said Danny attacked him," says Bernadette.

Bloodied and beaten

Cell number nine at Leeds Bridewell police station is where an 18-year-old man was found bloodied and beaten in custody, one night in September 2003.

PC Danny Major was the arresting officer. He was later convicted of violent assault, sent to prison and sacked. His parents believe he was framed.

Nobody doubts that a young man was assaulted in custody that night. But for 10 years, Bernadette and Eric have argued their son was not responsible. In all that time, this is their first television interview.
 
"The simple truth would have brought West Yorkshire Police and the people wearing the uniform of that police force under very close scrutiny," says Eric, a former officer himself.

An hour later, I'm standing alongside Danny Major outside the police station in Leeds where he worked his last shift on the frontline. He's dressed smartly in suit and tie. Although he now works in a call centre on minimum wage, his words still have the ring of a police officer.

'Spearing him to the ground'

"I was accused of taking the person I arrested out of the police van and spearing him to the ground, while he was handcuffed to the rear," says Danny, pointing to the area behind us where police vans park up. "As though I picked him up and threw him into the ground head first from the back of the van."

"As well as the spearing, it was alleged I kneed him in the face, punched him several times, then took him in to the Bridewell, took him to a police cell and, while searching him, continued to punch him in the face another five or six times."

For a while Danny was the public face of police brutality. At his trial, the judge was scathing in his criticism - not just of Danny but a custody suite he branded "a shambles".

Danny appealed, and lost. A criminal case review also found against him. And yet he and his family have persevered with their campaign, examining every piece of available evidence.
 
"Evidence that was requested that would have cleared my name has either disappeared or not been collected, or has been destroyed," says Danny. "With my case, that list of evidence is as long as my arm. Potential video footage, digital evidence that would have cleared my name has disappeared."

Channel 4 News put these allegations to West Yorkshire Police. A statement from the Deputy Chief Constable, Dean Collins, said it would be "inappropriate to comment at this time" as an investigation is ongoing.

The Major family say they're frustrated with West Yorkshire Police's silence. But they cannot hide their delight that 11 years on, the case has been reopened.

The original investigation, conducted by Danny's own force, is now itself the subject of a probe by Greater Manchester Police, at the request of West Yorkshire Police and Crime Commissioner Mark Burns-Williamson.

'No need to hide anything'

"This is a force with no need to hide anything. It's not been involved at any stage. It's a neutral referee as it were," says Eric.

Greater Manchester Police also refused to comment while their investigation is ongoing. But for once, Danny Major is hopeful.

"I'm sure the first thing that will come out of it will be to clear my name," he says.

If it doesn't, I point out, the record will still show that Danny Major is a violent criminal.

"If people trust the criminal justice system to be one hundred per cent right, then they're very naïve," he says. "The system is designed and run with people involved so there are always going to be mistakes."

The outcome of the latest investigation won't be known for several months. Either it will make difficult reading for Danny Major and his family, or it will invite considerable scrutiny of West Yorkshire Police.

Ciaran Jenkins, UK

Monday 30 June 2014

Changes to Child Maintenance Regulations


CHANGES TO CHILD MAINTENANCE REGULATIONS

 

“New Child Maintenance Regulations come into force on 30th June 2013, meaning parents making application for Child Maintenance Service (CMS) will have to pay application fees, ongoing administration fees to the CMS and Government administration fees on top….   

 

To discuss these recent changes, and the impact they may have upon you as a parent contact Hardip Lall-Jones on hardiplall-jones@hhb-mo.co.uk or Katie Ward on katieward@hhb-mo.co.uk or 0121 449 5050.

 

Follow the link to www.resolution.org.uk who have produced the following Article:-

 

 
Child Maintenance application fees introduced today
The Minister for Pensions, Steve Webb MP, has
announced the introduction of charges for people applying to the Child Maintenance Service from today.  Information on the implementation of other changes, including the introduction of collection charges, is also now available.

In brief
  • All new applicants to the Child Maintenance Service from 30 June 2014 will be charged a one-off application fee of £20.    
This application fee will not apply to clients who
  • are a victim of domestic violence and have reported this to an appropriate person or organisation, including a solicitor
  • are residents of Northern Ireland or
  • are aged under 19.
From 11 August 2014 collection charges will be charged to both parents in relation to all cases in the Child Maintenance Service Collect and Pay system on or after that date. 

The charges will be 4% deducted from the child maintenance payments received the parent with care and 20% added on to the child maintenance liability for the non-resident parent.

Resolution has been informed by the DWP that the Child Maintenance Service is writing to all CMS clients (around 120,000 cases) advising them of the introduction of collection charges from 11 August 2014 and flagging up the free Direct Pay option and how to apply for this (or, in the case of parents with care, how to express an option to stick with Collect and Pay if they still want this).

 
You can find examples of the letters being sent to clients on the DWP website

Existing clients already within the Collect and Pay system have ‘a choice’ or ‘a cooling off period’ to allow them to avoid paying collection charges from 11 August 2014. They can decide whether to continue using the Collect and Pay system and be charged, or to avoid the collection fee by either working out arrangements between themselves or using the free Direct Pay system. 
  • CMS Non-resident parents with arrears (but no enforcement action as yet) will be given until 5 August 2014 to clear their arrears.  If they do so, they will be able to opt for a Direct Pay arrangement.
  • Enforcement charges against paying parents will apply within the Child Maintenance Service taken on or after 30 June 2014, where the Child Maintenance Service has to take enforcement action against non-payers in the Collect and Pay system.
 These charges will not apply to existing enforcement action taken prior to 30 June 2014.

We will be monitoring the impact of the charges and will keep you informed of any developments.

Ending CSA arrangements
  • First contact to ‘nil assessed’ clients also begins today 30 June – all clients will be notified by letter, they won’t be receiving a phone call or email.
We will be providing further information on CSA case closure arrangements.

Useful links
The DWP has created an
online Child Maintenance System toolkit

The relevant commencement orders are available
Child Maintenance and Other Payments Act 2008 (Commencement No. 14 and Transitional Provisions) and the Welfare Reform Act 2012 (Commencement No. 18 and Transitional and Savings Provisions) Order 2014

Statement from the Department of Work and Pensions:

Fees and charges for the Child Maintenance Service

Fees and charges are being introduced from today (30 June 2014) for use of the Child Maintenance Service.

A letter is being issued to all Child Maintenance Service clients giving them 6 weeks’ notice that they will be charged if the Child Maintenance Service collects and pays out child maintenance on their behalf.

We have already written to a selection of Child Maintenance Service clients to encourage them to consider making a family-based arrangement or Direct Pay arrangement so they can avoid paying fees.

From 30 June, an application to the Child Maintenance Service will cost £20 for most applicants when the application is processed and a child maintenance calculation is performed.

For parents who apply to the Child Maintenance Service and can arrange payment directly between themselves there are no further fees to pay. This is called “Direct Pay”. This service offers the reassurance to clients of knowing that if payments aren’t made the Child Maintenance Service can step in and make sure any missed payments are collected.

Parents who can’t use Direct Pay can use the Collect and Pay service, where the Child Maintenance Service will collect child maintenance from the paying parent and give it to the receiving parent. The fees for this service will be 20% for paying parents and 4% for receiving parents.

Ending Child Support Agency (CSA) child maintenance arrangements

From today, we have also has started sending letters to CSA clients about ending their current child maintenance arrangements. All affected parents will be contacted between now and 2017 to give them notice that their arrangement will end. Most clients will get 6 months’ notice and will be offered support from Child Maintenance Options to put a new arrangement in place.

When their CSA arrangements end, parents have the option to:
  • Make a family-based arrangement – where they arrange between themselves what to pay and when.
  • Make an application to the Child Maintenance Service.

As long as clients’ cases are managed by the CSA they will not be charged for using the service.

Find out more about child maintenance arrangements at
www.cmoptions.org
 
 
 


 

Wednesday 21 May 2014

Maslen Merchant features on BBC Radio 4 File on 4


Maslen was interviewed for a programme originally broadcast on 20th May which examines the role of the Criminal Cases Review Commission.

He is a member of the Criminal Appeal Lawyers’ Association and has regular conduct of matters in the Court of Appeal, representing clients who are convicted of a wide range of offences including murder, robbery and serious sexual offences.

The firm regularly receives recommendations and referrals from a number of campaigning organisations as well as journalists, other firms of solicitors, experts, counsel and existing clients.

We submit a large number of applications to the Criminal Cases Review Commission each year, highlighting a vast number of issues including police corruption, non-disclosure, fresh evidence, new expert opinion and incompetent defence work by the trial lawyers. 
 
To contact the criminal department at Hadgkiss Hughes & Beale email enquiries@hhb-mo.co.uk or telephone 0121 449 5050


To listen to the programme click here

Friday 7 February 2014

Fixed Speed Cameras

Plans have been revealed to bring back fixed speed cameras to the West Midlands.

The cameras were all turned off last year in a bid to save money.

Now the West Midlands Road Safety Partnership, which includes Birmingham City Council and West Midlands Police, wants to trial 12 fixed cameras in Birmingham and Solihull.

More on the story here .....
Fixed Speed Cameras to return to Birmingham and Solihull