The Innocence Project - Warner Case - CCRC Decision

On the February 11^th 2003 the Full Court dismissed Warner’s application for appeal stating that the evidence against Mr Warner already established a “formidable” case and it was “perhaps unsurprising” that he had been convicted.

However in June 2003 Warner then appealed to the Criminal Cases Review Commission (CCRC). Warner appealed on the basis that no blood was found on Mr Warner’s clothes or in his caravan, there was no evidence that he had entered the upstairs of the Pool’s house and new forensic techniques should be applied to the samples in this case. His appeal also made reference to the man covered in blood who had travelled in a taxi that night and the serial rapist, “Vampire” (Rogers), could have been in the area on the evening of the Pool’s murders.

The CCRC then decided to carry out a section 19 investigation. During this investigation they examined the six unidentified fingerprints found at the Pool’s home and discovered that the thumbprint on the porch handle was that of Mr Smith. This then opened a line of inquiry concerning Mr Smith’s previous convictions and possible culpability for the murders of Mr and Mrs Pool. None of the fingerprints found were a match to Rogers.

The CCRC commissioned the Forensic Science Service (FSS) to examine the tapings from the clothing of Mr Warner and from the items upstairs. The FSS found fibres that were “indistinguishable” from the fibres of Mr Warner’s jumper (which he had left at the Pool’s home on the night of the murders), these fibres were found on the pillowcase, duvet, tights, shirt and skirt.  This supplied “moderately strong support” that Mr Warner’s jumper had been in contact with the evidence taken from upstairs. During the forensic investigation they also found DNA which created an “incomplete profile” matching that of Mr Warner, the chances of it being someone else with the same corresponding components as him were “1 in 680”.

On the basis of the section 19 investigation, the CCRC decided not to refer the case to the Court of Appeal, stating that it had simply strengthened the already formidable case. I agree with their decision because section 19 proved that Mr Warner had in fact entered the upstairs of the Pool’s home, which was the main basis of his appeal. Mr Smith had been ruled out of the enquiry as no further evidence had been found against him, other than the fingerprint on the outside porch handle, which could have occurred for entirely innocent reasons. There is also no evidence to support the argument that the murder of the Pools could have been committed by another person.  The CCRC also stated that there was no evidence to suggest any instances of cross contamination, as all of the tapings were kept in separate sealed bags and the appropriate steps had been taken. There was also no reason to believe there was any more unseen evidence in the possession of Easthampton Police and all forensic avenues had been explored.