The Innocence Project: CCRC decisions, was this decision correct?

Did the CCRC make the right decision in refusing Mr. Warner the right to appeal?

Mr. Warner was accused of murdering Mr. and Mrs. Pool on the night between the 21^st and 22^nd July 1989. The elderly couple were found dead in the upstairs of the property, with both bodies having received multiple stab wounds. Forensic evidence showed that Mr. Warner had forcibly entered or left the property through a downstairs dining room window, and there were fingerprints found around the draw in which the murder weapon was taken from. The police were alerted by a neighbour, Mr. Bell, who said that he heard a thud and a voice that sounded like a gasp.

Mr warner's appeal to the CCRC was based upon the new evidence, that there was no forensic evidence to show that Mr. Warner had been upstairs. Another defence proposed was that there was no blood found on Warner's clothes, or in the plumbing of his caravan. Along with these pieces of evidence, the defence suggested that there was a consistency between the murders of Mr. and Mrs. Pool's and the crimes perpetrated by the serial rapist known as 'the Vampire', who was at large at the time. A statement from a taxi driver stating that he picked up a bloodied man at around 11.20.

The CCRC decided to launch a section 19 inquiry, the enquiry found that the lack of forensic evidence to show that he went upstairs could be overturned should they allow the appeal on the basis that the scientist that analysed the DNA evidence said that Mr Warner's jumper showed evidence of being in contact with items recovered from upstairs, as well as an incomplete match with the other DNA evidence found upstairs that was not belonging to either of the Pools, to a degree where it was a 1 in 680 chance that the DNA could be someone unrelated to Mr. Warner. In light of this, it was believed that the central tenet of Mr. Warner's application for appeal was undermined.

The accusation included in the appeal, that the forensic evidence was perhaps contaminated, thus making the original trial 'unsafe', was dismissed by Dr. Hutchinson, who believed that there was no evidence to show that the blue pullover belonging to Mr. Warner could've been contaminated during the trial. This left Mr. Warner's appeal no grounds with which to challenge the integrity of the initial trial.

In light of this, the CCRC made the correct decision in refusing Mr. Warner the right to appeal, as his defence, no longer had a reason to claim the trial unsafe, which is required to overturn the verdict.