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Independent
2 August 2000

 

CPS legal slip-up means murder suspect goes free

By Sarah Westcott and Anjali Kwatra

The Crown Prosecution Service apologised unreservedly for a "terrible" legal slip-up that meant it missed the deadline for lodging appeal papers over a quashed murder conviction.

In 1999 Michael Weir, from Hackney, east London, was jailed for life for the murder of 79-year-old war veteran Leonard Harris. Mr Weir had been linked to the crime by a DNA sample he had provided in 1997 in relation to other offences.

In May this year the Court of Appeal overturned his conviction, ruling that the DNA evidence used was inadmissible because it was gathered in connection with offences that were not related to the murder.

The CPS planned to appeal to the House of Lords but missed the deadline for lodging the papers by one day. Mr Harris's son, Frank, said it was "unbelievable" that such a serious crime had "not been pursued by the CPS".

Chris Newell, the director of case work at the CPS, said he could understand the feelings of betrayal.

"I should like to apologise first to Mr Harris, his family and to the public generally for this terrible mistake," he said.

"I do realise how distressing this must be. The CPS deeply regrets that we did miscalculate by one day the time for lodging the appeal papers in the House of Lords.

"Therefore the appeal could not go ahead. There is not any leeway in the legislation."

Mr Newell said it was necessary to find out "exactly how the miscalculation occurred and to check our systems and ensure there is no repetition".

He added: "At the moment I cannot say quite how the miscalculation occurred but I do accept responsibility on behalf of the CPS.

"There are a number of ways in which the mistake could have been made. There are many time limits in which different stages in the criminal justice system have to be completed."

He said that a "speedy" inquiry was under way to find out at what stage in the process the mistake was made.

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