Kevin Cole murder case referred to the Court of Appeal

Monday 14 May 2012

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David Emanuel has successfully applied to the Criminal Cases Review Commission (CCRC) to refer the murder conviction of Kevin Cole back to the Court of Appeal.

Mr Cole was convicted of murder in 1998 at Preston Crown Court. He was refused leave to appeal in 1999. Mr Cole's current application to the CCRC was drafted by David Emanuel in February 2008 after he identified arguments that questioned the safety of the conviction.

On 20 April 2012, the CCRC announced that it has referred the conviction to the Court of Appeal because it considers that new evidence capable of undermining identification evidence heard at the trial raises the real possibility that the Court will quash the conviction.

Of the 1,000 applications for reviews considered by the CCRC each year only approximately 4% are ever referred to the Court of Appeal. No date has yet been set for the appeal to be heard.

David Emanuel a member of Garden Court Chambers Crime Team and specialises in appellate work.

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