David Emanuel drafted the application to refer the case based on fresh neuro-pathological evidence and made a number of further representations designed to persuade them that this was a case where there was a real possibility the Court of Appeal would quash the conviction.
When the CCRC refused, David drafted an application for judicial review of their decision. Despite permission not being granted on the papers, David renewed the application and at an oral hearing on 24th May, Mr Justice Ouseley agreed that unusually this was a case where permission should be granted.
Prior to the full hearing that was due on 12th July, the CCRC indicated that it would not be contesting the application and have agreed to a new Commissioner to meet with David and his solicitor to reconsider the case afresh.
David Emanuel is a member of the Garden Court Chambers Crime and Criminal Appeals Team and was instructed by Steven Bird of Birds Solicitors.
