An east London bishop has blasted the miscarriage of justice watchdog in a second open letter to the government, this time raising concerns over two cases highlighted by this paper.
Bishop of Stepney Joanne Grenfell has called for “immediate action” in the case of Jason Moore and also questioned the treatment of Romford murder convict Mark ‘Ozzy’ Osborne.
Both are serving life in prison for murders they insist they did not commit, convicted on since-recanted or discredited witness testimony which was never corroborated by any forensic evidence.
But each had their appeal bids rejected by the Criminal Cases Review Commission (CCRC) - a body now mired in controversy after an investigation, known as the Henley Report, found its failures had cost innocent man Andrew Malkinson up to ten extra years in prison for a rape that DNA later proved he had not committed.
“The CCRC has consistently miscarried justice through its own obstinate inaction and inability to fulfil its crucial role,” the bishop fumed in her latest open letter to Labour justice secretary Shabana Mahmood last week.
“I urge you to ensure that Jason Moore does not become another victim of these systemic failings.
“I ask for your direct intervention to ensure his case is handled with the urgency, care and transparency that it so desperately needs.”
written to the government in July about Jason’s treatment by the CCRC.
Bishop Joanne had alreadyJason, from Canary Wharf, was charged with the 2005 Ilford murder of Robert Darby after a single eyewitness picked him from a photo line-up seven years after the crime.
The CCRC refused to re-interview that witness, who had already given inconsistent and sometimes provably inaccurate accounts, and rejected Jason’s appeal bid.
But when this paper found the witness instead, he admitted being “drunk” when he saw the stabbing and said he may have picked the wrong man.
Robert’s brother Tim, from Havering, is now fighting alongside Jason's family to quash his conviction.
After Bishop Joanne wrote to Mrs Mahmood in July, a September reply from Heidi Alexander, minister for courts and legal services, said: “As the CCRC is independent of government, it would be inappropriate for me to comment on their ongoing investigations.”
But Bishop Joanne questioned how the government could make this argument when, after the Henley Report, Mrs Mahmood had publicly announced she was seeking the removal of the CCRC’s chairwoman.
"Either the government can intervene in the CCRC's affairs or it can't," agreed Jason's sister, Kirstie. "It can't have it both ways."
“Despite public acknowledgement of the institution’s numerous failings, such as the case of Andrew Malkinson, the government continues to refer people to the CCRC, restating its independence,” the bishop wrote last week.
“Yet if the institution has repeatedly failed to fulfil its mandate, at what point does the government intervene to assist the many individuals who have suffered as a result?”
She added that the CCRC had hobbled Jason by rejecting his last application after misunderstanding the evidence in his case.
"The CCRC has compounded the problem and is now actively adding to the miscarriage of justice," wrote the bishop.
Bishop Joanne also raised concerns about Mark ‘Ozzy’ Osborne, jailed for life in 2009 for the murder of Mark Tredinnick, after a single witness claimed to have overheard him receive an incriminating phone call.
Ozzy was in prison over an unrelated offence when Tredinnick was shot in Noak Hill, but his cellmate - an illegal immigrant with 12 aliases and convictions for ABH, GBH and armed robbery - agreed to implicate him in return for having his deportation cancelled.
In 2022, the cellmate came forward to admit he had lied – but the CCRC still rejected Ozzy’s case.
“I am concerned about the capacity of the CCRC to act as an independent body,” wrote Bishop Joanne.
“Rather than conducting a thorough and impartial review of potential miscarriages of justice, the CCRC appears overly concerned with predicting how the Court of Appeal might respond to new evidence.
“This troubling trend was evident in the rejection of Mark Osborne’s case, where key evidence – such as a witness’s recantation – was dismissed on the grounds that the Court of Appeal would likely not accept it.
“By speculating on how the court might react, the CCRC risks filtering out deserving cases and failing to provide the independent evaluation it was created to offer.”
She signed off: “I look forward to your response and trust that the Ministry of Justice (MOJ) will take swift, decisive action to prevent another grave miscarriage of justice.”
After the bishop’s first open letter, the MOJ said it responded to letters directly, not through its press office.
The CCRC was approached for comment.
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