A family fighting to overturn a murder conviction say they have been sent to the “back of the queue” because an official watchdog failed to grasp basic facts in the case.
The Criminal Cases Review Commission (CCRC) rejected Jason Moore’s bid for an appeal last year and refused to reinterview the prosecution’s star witness.
When Newsquest’s Investigations Unit approached the witness months later, he blurted out that he had been “drunk” and conceded that he might have identified the wrong man.
Jason went on trial because that witness identified him as the killer.
We asked the CCRC whether it would now reopen Jason’s application. It refused, saying he would have to apply again from scratch.
Rules prevent information used in previous applications being reused, so Jason must now seek an appeal solely on the witness’s comments.
Other potential problems he had already raised, like untested DNA evidence, cannot be used again.
“They have let us down badly,” said his sister Kirstie. “It’s disgraceful that even with this new evidence they’re still sending us back to the very back of the queue.
“They refused to interview the witness, saying it wasn’t worth it. Yet when Newsquest went and did it, you uncovered important new evidence.
“This just reinforces what MPs and independent investigations have been saying for years – the CCRC is not fit for purpose.”
Catch up on our exclusive investigation into Jason Moore's case:
- Part 1 - East End Killing: Is a man doing life for a murder he didn't commit?
- Part 2 - East End Killing: 'My brother is doing life thanks to an ID parade which should never have happened'
- Part 3 - East End Killing: Witness and CCTV evidence never presented in court casts doubt on the case against Jason
- Part 4 - East End Killing: 'I was drunk', confesses star prosecution witness
- Part 5 - East End Killing: Pathologist's pattern of 'serious misconduct' was hidden from jury
Stabbing
Jason, 53, from Canary Wharf, was convicted in 2013 of stabbing Robert Darby, 42, to death.
He has been in prison ever since and may never be released, as he refuses to admit killing Robert.
He admits being nearby but insists he never touched Robert, from the Isle of Dogs.
Two eyewitnesses – pedestrian Abdul Ahmed and motorist Sally Palmer – saw Robert scuffling with a man outside the Valentine pub in Perth Road, Ilford, on August 24, 2005.
But only Mr Ahmed said he saw the man exit the passenger side of a car with a knife, walk over and stab Robert. Ms Palmer did not corroborate any of those details.
Both witnesses said the man in the scuffle was the same height as Robert (5’11”) and wore a blue, zip-up sports jacket. Mr Ahmed said he had a shaved head. Ms Palmer said he had “normal” hair.
Jason had long hair and, in CCTV before and after Robert was injured, was not wearing a blue jacket.
In ID procedures weeks later, neither witness recognised Jason. Mr Ahmed picked a line-up volunteer with shaved, receding hair as the stabber.
ID
Jason approached police in 2012 as a witness. He said he had been sat in the passenger seat of a nearby car when Robert scuffled with another man.
But then Mr Ahmed was asked to attend another ID procedure. This time, he picked Jason as the stabber. Experts have told Newsquest that ID procedure should never have happened.
Jason was charged with murder the next day and convicted a year later.
His family and Robert Darby’s believe it was a miscarriage of justice. In 2021 they jointly asked the CCRC to reinterview Mr Ahmed and run DNA tests on a blue top seized from another suspect’s home.
Lawyer Mark Bowen wrote in March 2022: “The CCRC should approach and seek clarification from Abdul Ahmed concerning the anomalies and stark inconsistencies in his evidence.
“Without Mr Ahmed’s evidence, there would be insufficient evidence for Mr Moore to have been convicted of murder… Mr Ahmed should be further interviewed.”
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“Drunk”
The CCRC rejected the application in April 2022.
In its “statement of reasons”, it wrongly claimed Ms Palmer had corroborated Mr Ahmed’s recollection that the man who tussled with Robert emerged from the passenger side of a car, implicating Jason.
Months later, Newsquest questioned Mr Ahmed, who blurted out: “It was the blink of the eye! I was passing by! How could you remember things like that? And I was drunk!”
He added that he had told police he was drinking that morning, which, if true, was never disclosed to the defence.
Robert Darby’s older brother Tim, from Havering, joined protestors outside the Royal Courts of Justice days after we published Mr Ahmed’s comments, demanding Jason’s release.
They were joined by Lord Nicholas Monson, who called Jason's conviction "a gross miscarriage of justice".
The CCRC insisted it had conducted a “comprehensive review” and found “no real possibility” of Jason’s conviction being overturned.
It said he was “welcome to apply for another CCRC review”.
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