David Emanuel QC of the Garden Court Criminal Defence Team drafted the application, instructed by Steven Bird of Birds Solicitors.
The Criminal Cases Review Commission (CCRC) has referred for appeal the 2004 murder conviction of Gary Walker to the Court of Appeal.
David originally drafted the application to the CCRC in 2014 based on fresh evidence as to cause of death and the judge's directions on causation. The case was considered by the CCRC for two years before they refused to refer the conviction.
David considered the refusal so unreasonable it was susceptible to challenge in the Administrative Court and advised that judicial review proceedings were initiated. In an exceptional decision, after an oral hearing in which David appeared, Mr Justice Ouseley granted permission for a full judicial review hearing. At that point the CCRC agreed to reconsider the application. After two further years, which included David and his solicitor meeting with the CCRC to explain the merits of the arguments in person, the CCRC have finally announced their decision to refer the case to the Court of Appeal for a full appeal hearing.
In a press release, the CCRC described the case and the issues involved as 'exceptionally complex'. The press release sets out in detail the facts of the case and basis of the successful application and can be accessed here.