The Conviction of Victor Nealon was quashed on Friday 13th December 2013 based on fresh DNA evidence which was uncovered by his Solicitor Mark Newby of QualitySolicitors Jordans
Victor Nealon was convicted in 1997 and because he maintained his innocence could never obtain his release whilt he maintained his innocence . Many well regarded appeal lawyers tried and failed to find him an avenue out of his nightmare . 2 Previous attempts to get the CCRC to examine the exhibits were refused by them .
In 2008 Mark Newby agreed to take the case and working with Victor Nealon took a bold approach to the case seeking the original exhibits and having them examined . The result was that DNA related to an Unknown male was discovered in key places on most of the exhibits . No DNA relating to Victor Nealon was found .
The matter was referred to the CCRC who took time to independently evaluate the case but uniquely due to the source of the evidence worked closely with Mark Newby as far as they could to get to the point of referral .
After a considerable delay the Court finally heard the case and will give reasons in the new year why the conviciton is quashed but it is safe to assume it rests on this fresh evidence . The appellant was represented with considerable skill by Peter Wilcock QC who was commended by the Court .
There are many lessons from this terrible miscarriage including the importance of appeal lawyers being able to access original exhibits from trials where there are reasonable suspicions over miscarriage .
We are sure the Commission has and will reflect on its approach and the Court considering the forthcoming case of Nunn might wish to consider with care the evidence of this case in the context of limiting access to such exhibits .
Searching questions are required over the original police enquiry and why these exhibits were not tested at the time .
We will write more about this case shortly