Appeals in murder cases open following pathologist`s errors
An official inquiry into leading Home Office pathologist Michael Heath has condemned his post-mortem examination practice as incompetent, which has led lawyers to review cases to examine whether convictions based primarily on evidence from Dr Heath are unsafe.
An official inquiry into leading Home Office pathologist Michael Heath has condemned his post-mortem examination practice as incompetent, which has led lawyers to review cases to examine whether convictions based primarily on evidence from Dr Heath are unsafe.
The implications of the judgment against the pathologist could be widespread and one of those convicted is considering taking legal action against him.
The Criminal Cases Review Commission (CCRC) is to review two significant murder cases after a disciplinary panel casted doubt over Mr Heaths work. Dr Heath was adamant in both cases that a murder had taken place, but other pathologists fundamentally disagreed.
According to a report in the Guardian, one man had his conviction quashed on appeal and another was acquitted as a result of the serious doubts raised over Dr Heath`s postmortem conclusions. The Home Office advisory board will consider what sanctions should be taken against him next month.
Another case the CCRC are reviewing as a result of the disciplinary judgment is that of Simon Hall, 27, convicted in 2003 of killing Joan Albert, 79. Mr Hall has maintained his innocence ever since he was convicted in 2003.
Campbell Malone, Mr Halls solicitor, said: “There are criticisms of steps that Dr Heath didn`t take which may have excluded Simon. In addition, there was a failure to establish a time of death, which affects his alibi.”
Another case in which Dr Heath has been heavily criticised is that of Victor Boreman. His murder conviction was quashed this year after appeal court judges ruled the evidence given by Dr Heath was “discredited” and may have misled the jury. The judges concluded that the findings of several other pathologists seriously undermined Dr Heath`s evidence.
Professor Derek Pounder, department of forensic medicine at Aberdeen University, said the problems exposed were indicative of a deeper problem. “More than 50 per cent of forensic pathologists work single-handedly, rather than out of an institute or university as they once did. What that means is there is no day-to-day discussion between colleagues about the cases they are involved in. Therefore any aberrant opinion becomes uncontrolled within the system over a number of years.”