Monday, 19 June 2017

“Backspatter” and Malcolm Fletcher’s explanation for blood inside the silencer.

Today I would like to talk about the evidence relied upon at my trial regarding the issue of back spatter. Malcolm Fletcher was the prosecution ballistics expert who worked at Huntingdon Laboratory and forensically examined firearms exhibits related to my case. At my trial, Fletcher described to the court that, in his opinion Sheila’s blood entered the silencer from the contact wound to her neck through the process he referred to as 'back spatter'[i]. This, he concluded, led him to believe that the silencer was attached to the .22 rifle when Sheila received her wounds[ii].

During his testimony regarding this central issue, Malcolm Fletcher quoted from an article to support his argument, which was written by American scientists Stephens and Allen called ‘Backspatter of Blood’ written in 1982[iii]. These two scientists had not carried out their own experiments but simply quoted the results of those done by another scientist Dr Herbert Leon MacDonnell the founder of the Bloodstain Evidence Institute in America.[iv] However the experiments conducted in 1971 were not done using a .22 calibre rifle but a .38 revolver.

At my trial Fletcher gave testimony that he had never personally observed the phenomenon of backspatter, and that no one had ever observed backspatter of blood in a .22 calibre weapon, the calibre of the rifle used in the incident at White House Farm on 7th August 1985[v]. Fletcher also admitted he had not conducted any experiments to establish the possibility of backspatter, claiming that he had neither the facilities nor the equipment to conduct such tests, and when asked how much a silencer would reduce the emission pressures which were essential for backspatter to occur he informed the court that he had “No idea”[vi]. However, by its very nature the whole concept of a silencer is to significantly reduce the pressure and the velocity of gas which emerges from the muzzle.

In their article Stephens and Allen record that according to some experts backspatter of blood from gunshot wounds does not exist[vii]. They state a number of times that back spatter cannot be achieved from a fleshy part of the body and it appears that Malcolm Fletcher misinterpreted their comments. They wrote[viii]:
  • In our experience backwards spatter of blood occurs most commonly in association with contact gunshot wounds of the head. 
  • Back spatter rarely occurs in gunshot wounds of the abdomen and chest. 
  • Back spatter is not typically associated with wounds in which there is a potential space immediately underlying the entrance site. 
  • The accelerating force is the backwards stream of escaping gas trapped between the elastic skin and rigid skull. 

In the case of Sheila Caffell her two gunshot wounds were located in soft flesh directly below her chin on her neck. There is no hard surface beneath the wounds to support the expanding gas and therefore nothing to create back spatter[ix]. The trial jury had no other evidence put before them to account for how such a large quantity of blood came to be inside the silencer down to perhaps the 6th or 7th baffle plates[x]. Fletcher did however state that someone could have dripped the blood into the silencer as he informed the judge when asked how else blood could have entered the silencer to account for the quantity of blood found inside it: “There is only one I can think of and that somebody deliberately taking blood with a pipette and dripping it very carefully inside.[xi]

It has recently come to my attention that Dr Herbert Leon MacDonnell’s forensic work on which Fletcher based his testimony is now seriously undermined following his conviction for child sex offences in 2013. It is recorded that MacDonnell used his professional influence to prevent detection of these serious crimes and therefore the integrity of his research is certainly brought into question[xii].


[i] AH-06-08) Malcolm Fletcher (Transcript) PDF Page 78 at G and H and 79 at A

[ii] AH-06-08) Malcolm Fletcher (Transcript) PDF Page 102 at A

[iii] AH-06-08) Malcolm Fletcher (Transcript) PDF Page 102 at B, C and D and AH-06-08) Malcolm Fletcher (Transcript). PDF, Pg. 102 at C: “There is an article actually which I have a copy of from one of the journals”.

[iv] Legal Medicine Annual Appleton Century Crofts, New York 1971 PP 89-136) published in 1971.

[v] AH-06-08) Malcolm Fletcher (Transcript) PDF Page 104 at F: “Q. .22 back spattering, with a moderator, when have you seen that? A. I can’t recall having seen one before today.”

[vi] AH-06-08) Malcolm Fletcher (Transcript). PDF, Pg. 104 at B, C, D, E, F, G, H and page 105 at A: “How much is the emission pressure reduced by the moderator? A. I have no idea Q) Have you tested it? A) I don’t have the equipment and facilities to do that

Q) Have you sought others to test it for you? A) No Sir. Q) It is rather important isn’t it? A) You obviously consider it so (rather impertinent) Q) The .22 is the least likely candidate for a gun to produce back-spattering?

A) Yes Sir Q) And a moderator would make it more unlikely, make it less likely? A) Slightly less likely Q) To an extent which you have not tested? A) Correct. Q) Nor experienced? A) Nor experienced.”

[vii] Technical Note Stephens and Allen PDF Page 1 paragraph 1

[viii] Technical Note Stephens and Allen PDF.

[ix] This is supported by e mail correspondence with Expert Ballistics witness John Bloomfield dated 24.04.17.

[x] AH-06-08) Malcolm Fletcher (Transcript) PDF Page 108 at F

[xi] AH-06-08) Malcolm Fletcher (Transcript) PDF Page 122 at G; “There is only one that I can think of and that is somebody deliberately taking blood with a pipette and dripping it very carefully inside.”

[xii] Forensic Fraud Article MacDonnell dated 07.07.13

Friday, 31 March 2017

Jeremy's Easter Blog: "Memories from my Childhood"

I loved springtime on the farm. Early memories of the joys of spring are filled with instances of granddad Speakman. He loved daffodils, “Dafferdowndillies” as he called them to me.

I must have been about 7 or 8 years old when with a bottle of orange fizzy pop in hand, he’d take me around his daffodils. He loved to plant bulbs in his lawns making mowing the grass a nightmare but he’d also plant bulbs in the banks and the hedgerows around fields, and in fact any patch of land that he thought would be improved by a sea of yellow bobbing daffs. But they were not all standard yellow trumpeters; granddad would proudly show off his miniature daffs and special ones with frilly petals. He never liked the white ones much – it was yellow or nothing, except around white flowering shrubs when he would bend to a few white daffs. And from then on the sight of daffodils would remind me of granddad and thoughts of spring and the birds busy singing and making nests – birds in their fancy mating feathers iridescent in the sunlight.   

Early mornings were the best times for seeing wildlife on the farm. Mum’s favourite was stoats with their young – they were so incredibly long with their tiny legs at each corner that made them funny to look at. I liked Vixens with their cubs, whenever I got to see them they were always playing and yet I would have to keep the sighting secret to ensure that the gamekeeper didn’t get tipped off about them. I have always been a lifelong anti-fox hunting supporter – especially so as I was scared of horses up close as well.

So my love of springtime started with granddad and the swathes of daffodils he planted all over the place that just made springtime smile. Then with mum taking me out for walks in the early mornings to see the wildlife and hear all the birds singing with their new nests and broods of eggs, our crops would be starting to grow, trees beginning to turn green, flowers on the apple and pear trees.

I miss it of course, but my memories of spring are etched into my mind so deeply that closing my eyes with the spring sun on my face I can still recall granddad chuckle at the ‘tutting’ he’d make knowing, with a smile on his lips, the mayhem he caused where he had planted all his daffs knowing the banks couldn’t be mown, lawns driven on etc.

What with that and listening to larks singing their beautiful songs high up in the sky during a break and tilling the spring soil ready for sowing. I loved the springtime.


Monday, 6 March 2017

The Forensic Archive Ltd repeatedly wriggles on the disclosure hook

Above is the only image of the sound moderator taken pre-trial which has been disclosed. The police expect our forensic scientists to work with this poor quality photocopy, still refusing to disclose prints or negatives. This is what Essex Police call 'full disclosure'. The CCRC failed to obtain these photographs under s.17 of Criminal Appeals Act in 2011, and the Forensic Archive Ltd are avoiding disclosure

The dispute of non-disclosure has raised its head yet again in another area of my case. Not only are Essex Police deliberately and illegally not conforming to Court Orders to disclose all of the evidence in my case, but the Forensic Science Service are also refusing to hand over material they hold without any authority to do so.

The Forensic Science Service Laboratory at Huntingdon who handled exhibits and conducted experiments and tests in 1985/1986 on exhibits pertinent to my case was closed in 2012. All of the documentation including examination records, booking in logs, lab notes, reports, internal transfers and photographs were transferred to the ForensicArchive Ltd. (FAL) based at Birmingham. This Government-owned company was formed to retain and manage case files from all investigation work previously undertaken by the Forensic Science Service (FSS).

On 22nd July 2016, I contacted the archive by letter to establish that they did hold the complete case files and informed them that I was making a Freedom of Information (FOI) request to have full access and disclosure of all the material they held relative to the three case numbers which featured in my case during the Essex Police Investigation.

Alison Fendley the Executive Director of the FAL sent me a reply dated 4 August 2016 and confirmed that after a brief look they did hold pertinent files adding she did not know if all the case material generated by the Huntingdon Lab was held. In response to the Freedom of Information request, Ms Fendley continued: “It is not within the authority of the FSL to release such information to individuals, defence teams or appellants under the mandate to which we operate”. This statement contradicts the FSL website information, which states:

“For the purposes of the Freedom of Information Act 2000 (FOI Act), FAL is a Government Owned Company, and therefore meets the description of a public authority. As such, FAL is under an obligation to comply with the FOI Act’s legislative provisions concerning access to recorded information.”

Following this negative response I wrote again, requesting that they provide the information, which allowed them exemption from disclosure of case material. I also wrote to Mr John Lees, at the Information Commissioners Office and to my MP Mary Creagh to highlight this refusal to disclose. I received no response from my MP and the response from Mr Lees discussed a Data Protection Request for material. I had not made a Data Protection Request, I had made a Freedom of Information request for all documents and wrote back to advise him of his misinterpretation of the request.

Realising the error Mr Lees wrote to me again in December 2016 requesting copies of the two letters I had sent to when I made my requests. I do not hand copy every letter I write, but a typed manuscript copy of the two letters was available from my campaign team and these were immediately sent to Mr Lees so he could conduct his investigation into the non-disclosure of the material. Following the ICO involvement I received a garbled 2-page response from the FAL, which went into great detail about Data Protection Requests, which I had not made! In addition they stated they would not release all case material under a Freedom of Information Request, but specific items which they would then make a decision whether they would disclose or not. They further stated:

“The FAL is only obliged to consider FOI requests which do not exceed the appropriate limit. The appropriate limit for the FAL is set at £450, and represents the estimated cost of one person spending 2 ½ days working on determining whether the FAL holds the information, locating the information or a document containing it.”
The archive also stated:
“It is therefore important that you explain as precisely as you can, the information to which you are seeking access in order for us to identify and locate the correct material.”

I do not want cherry picked extracts from documents. I need to have the complete case files they hold and I have advised them of this in the last letter I sent to them in February 2017.  The archive have also tried to fob me off by stating that:

“requests for such information would need to be directed to the original investigating police force or the CPS. The pertinent force can then instruct the archive to release the appropriate information to you/your defence team.”

I sought legal advice on this and have been informed that I am not required to obtain permission for my case files from either the CPS or Essex police as no legal restrictions are in place regarding my case documents.

In response to the comments made by the archive regarding the “precise material” I want that is easy. I want the full set of case files they hold regarding the three case numbers relevant to the events at White House Farm which they have no right to withhold from me. The fight continues.


Friday, 13 January 2017

Jeremy's 56th Birthday, 13th January

When I think about all the birthdays I have spent in prison, I remember receiving some of the best gifts anyone can give.  The prison has always had very strict policies about what is allowed in and in recent years restrictions have grown even tighter. What sometimes amazes me is how people work around these difficulties to share the most amazing things with me. One lady many years ago bought me a star for my birthday, others send wonderful drawings and paintings and many send photos from holidays or of their gardens in bloom. I love sharing all of these things with my friends and supporters, the people who take those moments to share a part of themselves with me.

Personal memories are the best kinds of gifts shared, many people write with their happy recollections of events, it might be a marriage or a birth or the day they passed their driving test or got their degree. Others allow me glimpses into their every day life chatting as you would over coffee and expressing their woes, or just sharing the events of the day, moans about the latest parking fine they just received or details of their new shoes. Some debate over moving house or worry about relocating from the city to the country and sometimes I can allay fears over living in the rural but quiet and picturesque villages or homesteads.

I receive often very emotional letters from people who have lost family members in tragic circumstances or they have a sister, mother or child suffering from a serious mental illness. I share in their concerns; offer words of comfort and strength and most of all hope. Some friends write letters from all over the world while they travel or from where they live. Many are ex-pats and others of many different nationalities and it touches me that they are so far away and yet have heard about my wrongful imprisonment, which has moved them to write kind, supportive words and send a birthday greeting.

Strangers confide their loneliness, a feeling that is often all too real in prison, and I identify with the way they reach out to me baring so many emotions. People talk about pain, illness and suffering and in sharing together we find a salve. And soon strangers become friends; they share the laughter in their lives, the comedy in their relationships.

Friends pen their hopes and dreams for the future and talk about what we will do together once I’m on the outside. I’m looking forward to sharing so many of the things you write about in person. All your conversations in cards, letters and emails are welcome. So the next time you write a simple card to me, or offer words of comfort and strength, remember how much I appreciate these gifts even though they’re simple words, they’re so much more than that to me.


Saturday, 24 December 2016

Christmas memories with Jeremy Bamber

I have been thinking back to Christmas and the happy times we had at White House Farm in the festive period. Trimming the tree, mum in the kitchen baking and Sheila and I getting up to mischief pinching the chocolates from under the tree.  I never would have imagined as a child and young man that the greatest gift I would ever wish for in my life would be my freedom.

I can’t recall that I was ever in a nativity play dressed as a little shepherd or a wise man but I suppose that I must have been in at least one when I was at my little school, Maldon Court. I do remember though some of the brilliant gifts mum and dad selected for me. I especially loved Lego bricks and would build so many fantastical structures, it was so much fun. Sheila and I once got a table tennis table, bats and ping pong balls, now you would have thought this was a great present but as none of the family were able to play it with any success it was soon abandoned.

One amazing Christmas gift was a car, which could be programmed to follow a course. It was called an Amaze-A-Matic car described as being a “car with a brain” which pre-dated swanky remote control cars. The car came supplied with narrow, long rectangular plastic sheets which had small areas and parts cut outs of them. These would be inserted into the rear of the car and it would drive on a pre-determined course set out by the inserted sheet. You even got some spare cardboard inserts and a set of instructions which explained how you could map your own course. It really was so much fun but the batteries, the great big ‘D’ size ones, never seemed to last very long and we were always hunting round for new ones so the excitement soon faded. 

The best Christmas present I ever got though was a fabulous Scalextric set when I was about 13 which dad helped me set up in the dining room. It was a big set and had crossovers of the track, bridges, banking’s and even a lap counter so you could’t cheat. The set had 2 cars, a white one and a blue one I think they were, and looked like proper racing cars.

We would choose which famous racing driver we would be and had hours of fun zooming the cars round the track to become the motor racing champion. The cars went so fast and often would fly off the track and crash when you approached a corner too fast. For some reason everyone who ever raced my Scalextric with me always wanted to be on the outer track which was really handy as I had made a significant discovery which would prevent my car cascading from the track. After a little experimentation I discovered that if I sprayed a little of mum’s hairspray on to the track it caused it to be slightly sticky which would help hold my car in place and stop it flying off at the corners but I kept this discovery very secret at the time.

I have so many happy memories of Christmas spent with the people I loved and who loved me and I am grateful that over all the years of my wrongful imprisonment I can recall such happy times. As I have already said I would never have imagined when I was growing up that my freedom would be at the top of my wish list. 

I know that my campaign team are working hard in relation to forensic issues which will see me released from jail and my conviction quashed. I know that the costs involved are huge and without the kindness and generosity of you the public these essential reports cannot be commissioned. With your help I will achieve freedom and next year be able to surround myself with friends as a free man and make new memories.

Happy Christmas

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Friday, 28 October 2016

On The 30th Anniversary of Jeremy's Conviction at Chelmsford Crown Court

On the anniversary of my wrongful conviction the memories of my time on remand stay in my mind. Something which I have been thinking about a lot recently is the fact that while I was held on remand I was able to read through much of the very limited 'disclosed' documentation on my case. If you’re charged with a crime you’ll need to read the charge sheet and indictment, your own statement or transcripts of interviews for signing, all statements against you and forensic reports both for and against your innocence. This material might be quite extensive and require many hours of reading. Forensic and legal documents often contain technical language, which can be difficult to follow without specialist knowledge or a dictionary. I was fortunate enough to be able to do this but for many people charged with criminal offences it’s not an option because they cannot read and write.

In today’s society there’s always help available for people with disabilities such as partial vision or hearing difficulties and similarly if you can’t read or write you should be able to ask for someone to read it to you. The problem is that the vast majority of people charged with crimes who are not literate will not tell anyone about it. This means that the situation arises where many people have no idea of the detailed charges against them and this places greater difficulty on formulating a defence strategy. The bigger issue of course is that some people go through police interviews facing often very serious charges, and end up tried and convicted without really knowing the many factors of how this came about. Imagine not knowing the reasons why you were convicted, maybe wrongly, of serious crimes and imprisoned for even the shortest period or as long as whole life sentence.

This can also have impact on the victims of crime because admission of guilt by the perpetrator often helps victims to understand what happened to their loved one. Many of the accused won't understand the nature of the evidence against them and will not make confessions, where as if they had been able to read they might have done. Confessions also help the prisoner to rehabilitate and work towards better prison conditions and long-term objectives of building a new life on release.

During my time in Full Sutton prison I took a course, which enabled me to be capable of teaching people to read and write. It was called a ‘Peer Support Qualification’, and once achieved allowed me to be a classroom assistant in jail. My role was to help those guys who most others had given up hope on. One of those I helped was a guy with Tourette’s syndrome. He had a lot of involuntary physical ticks and verbal outbursts. He had clearly struggled with every aspect of his life until this point plus his personal hygiene was not the best but I saw through that and we got on okay. I managed to get him to learn the basics and above all to find some confidence in himself, which he had been sadly lacking before. Learning to read and write to a reasonable standard can often only take a few months and makes all the difference to prisoners who need to use cost effective methods to keep in touch with family and friends and read their legal mail.

Why is it that a justice system completely reliant upon written documents to create the case against someone, can proceed with a prosecution even though the defendant cannot read a word of any of the witness statements put before them? It is only in recent times that the government has realised quite a substantial amount of prisoners struggle with being able to read and write. In the last ten years or so every inmate gets tested to see if they can read and write, prior to that it was possible to simply conceal that fact from the prison authorities and everyone else around them. Guys simply had a range of good excuses at the ready for not being able to read. A classic was and is: “I haven’t got my glasses with me”, or: “My glasses are broken.” There is no come back on that.

Some prisoners have learnt where to put numbers or ticks on the forms they have to fill in for their canteen orders or meal choices, so even friends don’t notice. But since the system realised that reading and writing ability was a problem for prisoners, proper testing has been done where there are no excuses for why they can’t do the test. Accordingly the authorities have discovered that between 40% and 60% of prisoners cannot read or write to entry level one, the expected level for children under the age of 11. That is simply shocking and it’s not just that schooling has failed these men, or that prison education might have failed them, it’s that they have been prosecuted and jailed, probably many times and yet they’ve not been able to read the prosecution’s case against them and they could well be imprisoned in the first place because they were unable to gain employment owing to the fact that they can't read and write. 

With the huge cuts in legal aid, and prisoners not admitting to their solicitor that they can’t write or read the witness statements, people simply wait until trial and listen to what people say about them in Court and react to that but by then it’s a bit late. Moreover, I’m told that those who serve on a jury are not required to prove that they can read or write well enough to be able to understand legal documents and witness statements either.

My personal experience of those who struggle to read and write is that you’d never know from how they looked or how they spoke or how they conducted themselves. Their conversation is varied and interesting and there really aren’t any outward signs indicating they can’t read and write unless they tell you. But to think that probably 50% of those people who are prosecuted for the most serious crimes cannot read or write to entry level one standard is quite simply scandalous. How can they have had a fair trial? Maybe they received some help but not enough.

Being able to read and write should be one of the basic human rights, every citizen should have. Prisoners should never be prosecuted until they are literate – hold them on remand and teach them how to read and write, and hold the prosecution until they can. It’s simple, some will simply delay but the prison system has ways to encourage compliance and then the country has a chance of another 50% of prosecutions being fair. Alternatives could be providing audio transcripts of all material but this doesn’t solve the long-term problem of illiterate prisoners hoping for rehabilitation and release.


Jeremy Bamber

Jeremy Bamber
Innocent Jeremy Bamber