LONDON, United Kingdom — A prominent barrister has cautioned that similar miscarriages of justice to that of Peter Sullivan are “absolutely inevitable,” following Sullivan’s recent exoneration after 38 years behind bars. Chris Henley KC, who conducted a critical review of the Criminal Cases Review Commission (CCRC), emphasized the perceived flaws within the appeals system.
Henley’s comments came after Sullivan’s conviction for murder was overturned, based on DNA evidence that was not available during his trial. The case stands as the longest-running miscarriage of justice in the United Kingdom. Henley pointed out the CCRC’s oversight in addressing critical evidence that could have cleared wrongful convictions, as illustrated in the case of Andrew Malkinson, who also spent 17 years in prison before being exonerated.
Speaking on BBC Radio 4’s Today program, Henley stated that the current justice system does not adequately recognize the potential for erroneous convictions. He expressed concern over the CCRC’s handling of cases based solely on circumstantial or flawed eyewitness evidence. “I urged the CCRC to urgently review every single case where DNA opportunities might arise,” he said.
Sullivan’s conviction was originally linked to the murder of 21-year-old Diane Sindall in 1987. Despite initial DNA testing not yielding conclusive results, advancements in forensic technology ultimately exonerated him. In 2008, he first raised the possibility of DNA testing to the CCRC but was informed it was unlikely to produce a viable profile.
The case’s recent developments have drawn criticism from various figures, including former justice secretary Shabana Mahmood, who labeled the CCRC’s previous chair, Helen Pitcher, as “unfit” for office. Pitcher resigned earlier this year amid growing scrutiny of the organization, which has been described as “unled and generally regarded as useless” by Lord Charlie Falconer, another former justice secretary.
Labour MP Kim Johnson, who chairs the All-Party Parliamentary Group on Miscarriages of Justice, called for an independent inquiry into Sullivan’s case and pointed out the urgent need for systemic reforms within the CCRC. “This is a national wake-up call,” she stated, advocating for comprehensive changes that could prevent future misjudgments.
After the Court of Appeal overturned his conviction on Monday, Sullivan’s lawyer, Sarah Myatt, described his emotional response during the court session. Overwhelmed by the moment, Sullivan reportedly “completely broke down” upon learning of his exoneration.
Myatt noted Sullivan’s reluctance to confess to a crime he did not commit. Despite being eligible for parole after 16 years, he maintained his innocence, which hindered his chances of early release. “He said he cannot admit to something he hasn’t done, even though that meant that the Parole Board would consider things in that way,” she explained.
The CCRC has acknowledged its failure in recognizing Sullivan’s case as a potential miscarriage of justice during earlier reviews. A spokesperson expressed regret for not identifying the oversight sooner and reiterated the organization’s commitment to learn from past reviews to enhance its understanding of forensic evidence.
As Sullivan prepares to reintegrate into society, he seeks “to be left in peace” to reflect on his nearly four decades of wrongful imprisonment. The case has not only spotlighted the flaws in the appeals process but also raised critical questions about the integrity of the justice system as a whole.
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