WIREDGOV

A case in which there are doubts about the integrity of interview statements has been sent to the Northern Ireland Court of Appeal by the Criminal Cases Review Commission (CCRC).  

Christopher Cummings was convicted at Belfast Crown Court in 1980 on one count of causing an explosion outside a branch of the Ulster Bank in Stewartstown, County Tyrone on New Year’s Eve 1978, and two counts of being a member of a proscribed organisation. 

Mr Cummings was interviewed by police several times. Mr Cummings did not sign any statement presented to him by Police.  

Police claimed he made admissions about the bombing and his connections to the Provisional IRA.  

At trial the prosecution relied on these Police interviews and unsigned written statements, and the defence argued the statements had been fabricated. The defence argument wasn’t accepted, and Mr Cummings was sentenced to 16 years imprisonment, reduced to 12 years on appeal. He was released from prison in the late 1980s. 

Mr Cummings applied to the CCRC in 2018 making several arguments about his conviction. The CCRC made a provisional decision not to refer the case.  

However, Mr Cummings’ representatives obtained a new expert report which supported their contention that the Police statements could not be relied upon. The CCRC also identified new information about the previous conduct of some of the interviewing officers. 

After further analysis, the CCRC believes there is now a real possibility the Court of Appeal will not uphold Mr Cummings’ conviction.  

Notes to Editors     

1. The CCRC is an independent body set up under the Criminal Appeal Act 1995. It is responsible for independently reviewing suspected and alleged miscarriages of criminal justice in England, Wales and Northern Ireland. It is based in Birmingham and is funded by the Ministry of Justice.    

2. There are currently 10 Commissioners who bring to the CCRC considerable experience from a wide variety of backgrounds. Commissioners are appointed by the monarch on the recommendation of the Prime Minister in accordance with the Office for the Commissioner for Public Appointments’ Code of Practice.  The Chairman, who is also a Commissioner, is not involved in the casework decision-making process. 

3. The CCRC usually receives around 1,500 applications for reviews (convictions and/or sentences) each year. Since starting work in 1997, the CCRC has referred around 3% of applications to the appeal courts.    

4. The CCRC considers whether, as a result of new evidence or argument, there is a real possibility that the conviction would not be upheld were a reference to be made. New evidence or argument is argument or evidence which has not been raised during the trial or on appeal.  Applicants should usually have appealed first. A case can be referred in the absence of new evidence or argument or an earlier appeal only if there are “exceptional circumstances”.         

5. If a case is referred, it is then for the appeal court to decide whether the conviction is unsafe.    

6. More details about the role and work of the Criminal Cases Review Commission can be found at www.ccrc.gov.uk. The CCRC can be found on Twitter @ccrcupdate.