---

Firearms Residue Testing (Criminal Cases)

It is a pleasure to stand before you this afternoon, Mr Hollobone. In case I forget, I wish you a merry Christmas now. Let me turn to the serious nature of the case in front of us. First, I congratulate my hon. Friend the Member for Folkestone and Hythe (Damian Collins) on securing the debate. It is important that Members of Parliament can raise in this way matters that are of concern to their constituents. My hon. Friend has set out the grounds on which Mr Paul Cleeland disputes his conviction for murder. I listened very carefully to what he had to say, because allegations of miscarriages of justice are very serious matters. My hon. Friend went over the ground in this case. The conviction has been the subject of much scrutiny and debate. It is worth reflecting on the fact that, to my knowledge, this is the third time that the matter has been debated in Parliament. As my hon. Friend said, the previous debates took place in 1982 and 1988. He referred to the many right hon. and hon. Members who over the years have tried to raise these issues. However, as my hon. Friend the Member for Folkestone and Hythe said, it is of course the criminal justice system, not Members of Parliament or Ministers, that decides on guilt or innocence. Terence Clarke was murdered in 1972, and Mr Cleeland was convicted of his murder by a jury the following year. The Criminal Cases Review Commission has been engaged with this matter over time since the first application to it in 1977. In 2000, the case was referred to the Court of Appeal, which upheld the murder conviction in 2002. Of course, I listened carefully to the arguments about discrepancies in the ballistic evidence. My hon. Friend makes the case very well. He raised the issue of forensics and the reliability or otherwise both of the sodium rhodizonate test and of Mr McCafferty himself. Notwithstanding all that has happened with regard to this case, as set out in section 13 of the Criminal Appeal Act 1995, the Criminal Cases Review Commission can always refer a case back to court on the basis of information or an argument that has not previously been raised—at trial, on appeal or with the Home Office—and which creates a ““real possibility”” that an appeal would succeed. I assume—I hope that my hon. Friend will correct me if I am wrong—that many if not all those points were made in the appeals, and those issues have been raised previously.