Brendans QC Barry McDonald outline how the details of the then governor of Maghaberry Steve Rodford were uncovered during a search of Brendan’s cell the PSNI tried to have Brendan convicted for the find but it later transpired that prison officers had planted the governors details in Brendans cell. The incident was investigated by the then prisoners ombudsman Pauline McCabe, her report exonerated Brendan and laid the blame squarely with the prison officers on duty.
Worryingly while the PSNI were quick to try and charge Brendan over the find they failed to pursue charges against the prison officers responsible both of whom still work in Maghaberry.
It emerged however that the PSNI approached Steve Rodford at a hotel and informed him that the case against Brendan McConville was “delicate” and would he add another “line” to a statement he had given to the PSNI regarding the matter. Brendans QC asked for former governor Rodford and former ombudsman Pauline McCabe to attend court next week to be questioned about the matter.
Following Barry McDonald Arthur Harvey QC for John Paul Wootton spoke at length.
Arthur Harvey QC strongly insisted that no role in the shooting was ever attributed to Wootton. He said that the trial judge gave non evidence an elevated position when making his decisions leading to the conviction. “There was not simply a dearth, but a total absence of evidence to connect the defendant to any specific act relevant to the murder of Constable Carroll.
The quality of work from the forensic scientists representing the prosecution in this case was lamentable they failed to conform to even the most fundamental basic requirements and was predicated upon, as one can ultimately see a conclusion which was to be propelled by an already predetermined destination, namely those particles on that jacket came from the firearm event that evening.”
The jacket that prosecution claim was worn in the attack can not be forensically linked to the event, indeed lack of mercury rules out its involvement.
The British Army tracking device which is said to have tracked John Paul’s car mysteriously disappeared and returned with a large section of its data deliberately deleted, the remaining data which was relied upon in court showed the car parked in the adjacent housing estate 15 minutes after the fatal shooting, when the car finally moved off it did so in a normal fashion, the claims that John Paul had dropped Brendan off could not be proven.
Harvey went on to describe how the resulting factor, that was to convict John Paul Wootton, was based on the ‘prisoners fallacy,’ if he smiled he was guilty, if he frowned he was guilty, if had shown no emission he was guilty, if he was emotional he was guilty. In other words the original trial judge had a pre-determined mind-set that John Paul Wootton was guilty. The question remains why? For seasoned human rights campaigner Gerry Conlon, it must have sounded all too familiar as he listened intently in the public gallery.
Again throughout Wootton’s defence presentation, Mr Harvey QC demonstrated how Justice Girvan in the original trial had continually misguided himself during trial’s judgement.
The JFTC2 Group again thank everyone who attended court today to witness this continuing spectacle.