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Reviews for pathologist's cases Reviews for pathologist's cases
(about 2 hours later)
Convictions in nine murder and manslaughter cases involving a former Home Office pathologist are being reviewed, the BBC has learned. The convictions in nine murder and manslaughter cases that involved a former Home Office pathologist's evidence are being reviewed.
The Criminal Cases Review Commission is looking into the cases involving Dr Michael Heath, who quit after criticism from the forensic pathology watchdog.The Criminal Cases Review Commission is looking into the cases involving Dr Michael Heath, who quit after criticism from the forensic pathology watchdog.
One case is that of Michael Stone, serving life for the murders in July 1996 of Lin and Megan Russell, in Kent.One case is that of Michael Stone, serving life for the murders in July 1996 of Lin and Megan Russell, in Kent.
The attorney general has ruled out a wholesale review of Mr Heath's cases.The attorney general has ruled out a wholesale review of Mr Heath's cases.
A spokesman for Lord Goldsmith said: "The attorney general believes that the normal appeal procedures, and where appropriate the involvement of the Criminal Cases Review Commission, should be sufficient." A spokesman for Lord Goldsmith said: "The attorney general believes that the normal appeal procedures, and where appropriate the involvement of the Criminal Cases Review Commission (CCRC), should be sufficient."
Detailed investigation 'Cause for concern'
The commission, which refers convictions to the Court of Appeal when it suspects there may have been a miscarriage of justice, trawled through about 50 homicide cases involving Dr Heath. The CCRC is also understood to be looking at cases involving another forensic pathologist, Dr Paula Lannas, who was removed from the Home Office register three years ago.
The CCRC, which refers convictions to the Court of Appeal when it suspects there may have been a miscarriage of justice, trawled through 54 homicide cases involving Dr Heath.
Five convictions have given officials cause for concern and are to be investigated in more detail.Five convictions have given officials cause for concern and are to be investigated in more detail.
Four others are already being considered, including that of Stone.Four others are already being considered, including that of Stone.
His solicitors have asked the commission to examine Dr Heath's post-mortem examination findings, though this evidence forms only one part of their submission.His solicitors have asked the commission to examine Dr Heath's post-mortem examination findings, though this evidence forms only one part of their submission.
I can assure you, I spent 10 years within a lifer system in England and Scotland and the biggest majority of lifers admit their guilt Victor Boreman In 1998, Stone was convicted of killing Lin Russell and her six-year-old daughter Megan, in Chillenden, in a hammer attack - nine-year-old Josie Russell survived.
Last June, the convictions of Victor Boreman, a 38-year-old from Scotland accused of murdering a man at a flat in Plumstead, London, in 1996, and that of two other men were quashed after a judge ruled Dr Heath's evidence was "discredited". His convictions were quashed three years later, but he was found guilty in a retrial later that year and lost an appeal last year.
In his evidence Dr Heath said the victim had died after drowning in his own blood because of injuries to his head and lips. Evidence 'discredited'
But this was undermined by reports from other pathologists as it could not be determined whether the 51-year-old had died from injuries caused by the assault or from fumes caused by a fire in the flat. Last June, the convictions of three men on trial over the murder of a man at a flat in Plumstead, London, in 1996, were quashed after a judge ruled Dr Heath's evidence about the cause of death had been "discredited".
Mr Boreman told BBC News: "People think that every prisoner protests their innocence. Dr Heath, who was appointed to his role in 1991, resigned from the Home Office register last month after the Advisory Board for Forensic Pathology criticised his post-mortem examination evidence in two separate murder cases.
"I can assure you, I spent 10 years within a lifer system in England and Scotland and the majority of lifers admit their guilt. In both cases, men accused of killing their partners were cleared. The panel said Dr Heath's work had been based on "an unacceptable level of speculation".
"They accept it - they might not like it but they move on." CCRC commissioner David Jessel said it was ready to consider any further cases where individuals felt they had been wrongfully convicted because of Dr Heath's evidence.
Dr Heath, who was appointed to his role in 1991, resigned from the register last month after a disciplinary panel ruled that his post-mortem examinations on two women led to their partners' murder trials. Both men were eventually cleared. Pathologists' evidence is often marginal to a conviction, he said, but in cases where the time of the time of death or the nature of the fatal injury were contentious, evidence could prove decisive.
Dr Heath has conducted hundreds of examinations since being appointed to his role in 1991.