Conviction Overturned
From MOJUK
CCCR Referral: Jonathan Embleton 15 Years in Prison – Conviction Quashed – Police Non-Disclosure
Jonathan was today 21/12//2016 cleared and released from prison by judges at London’s Court of Appeal after new evidence emerged which cast serious doubt on the safety of the conviction. Lady Justice Macur said a police report, which fundamentally undermined the reliability of a crucial prosecution witness’ evidence, had not been disclosed. She quashed the conviction and refused a prosecution request for a retrial – because it would “not be possible” for a fair trial to take place. His barrister Nicholas Atkinson QC said at appeal, we have not and will not see the confidential annex, “I know less about this case than anybody in the courtroom”
The Criminal Cases Review Commission referred the murder conviction of Jonathan Embleton to the Court of Appeal. Mr Embleton and two co-defendants pleaded not guilty but were convicted at Teeside Crown Court in November 2000 of the joint enterprise murder of Mohammed Sharif. Mr Embleton was sentenced to life imprisonment with a minimum term of 15 years. Mr Embleton appealed against his conviction but the appeal was dismissed in April 2003. He applied to the Commission for a review of his case in November 2010. Having conducted a detailed review, the Commission decided to refer the case to the Court of Appeal because it considered that there was new evidence which raised a real possibility that the Court would quash the conviction.
The referral was based on sensitive information. That information was therefore provided by the Commission to the Court of Appeal and to the Crown Prosecution Service in a confidential annex to the Statement of Reasons. Mr Embleton and his legal team were provided with a copy of the Statement Reasons but they had not been given the confidential annex. Mr Embleton has been represented in his application to the CCRC by Tremletts Solicitors.
