 One of these is the AK enzyme and this became important in this case. This enzyme was used to say that the blood flake discovered inside the sound moderator came from Sheila and no one else. Humans have two types of the AK enzyme, AK1 enzyme and AK2-1. The blood flake was analyzed and found to contain the AK1 enzyme therefore it came from someone with blood group A. At the 1986 trial the court was told that this was clear evidence that the blood flake found inside the sound moderator came from Sheila, and was not a mixture of June and Nevill’s blood. This meant that Sheila could not have committed suicide with the sound moderator attached to the gun as she could not have shot herself and then put the moderator way in the gun cupboard where it was later found. What the court was not told was that the AK-1 enzyme that is found in human blood is genetically identical to the AK-1 enzyme found in the blood of pigs, cattle, rabbits, chickens and the fish carp. Had the court known that two types of animal blood were found in the first sound moderator (SBJ/1) by the forensic scientist, then perhaps the AK-1 enzyme result would have been attributed to this animal blood instead of it being attributed to having come from Sheila. The fact that the forensic scientist kept her discovery of these two types of animal blood secret from everyone denied the court the opportunity to consider how this information impacted upon this case. For the 2002 appeal tests were carried out on one of the two sound moderators in this case to see whose DNA was on the baffle plates. It is not known which of the two sound moderators was examined for the appeal. The fact that SBJ/1 and DRB/1 were swapped one for the other by Essex Police in 1985 has confused matters, so that which one was retained by the police and which one was returned to Anthony Pargeter is unclear. The sound moderator retained by Essex Police was DNA tested by forensic experts working for the CCRC. In 2001 these tests revealed both male and female DNA to be present on the internal baffle plates. The female DNA was ruled not to have come from Sheila. This female DNA was a perfect match to June Bamber’s DNA and the crown conceded therefore that it was June’s blood on the baffle plates and not Sheilas’. The male DNA was shown not to match Jeremy’s DNA. The prosecution team attempted to find out whose DNA this was but David Boutflour, Peter Eaton, Robert Boutflour and Anthony Pargeter all refused to give a DNA sample to be checked against this male DNA found inside the sound moderator even though some of them had definitely handled the moderator, including David Bouflour who found DRB/1. At the 2002 appeal the prosecution’s forensic experts conceded that the crown could no longer rely on Sheila’s blood ever having been upon the sound moderator. This position was completely undermined by Mr Webster a forensic scientist called to give evidence on behalf of the Defence. He stated that the absence of Sheila’s DNA did not mean that her blood had never been in the sound moderator. Mr Webster said that as the DNA that was found on the sound moderator could not be attributed to blood then it was possible that all the blood that was originally on these baffle plates had been completely swabbed off during earlier testing, and that the DNA from June Bamber and the unknown male may have been nothing more than accidental cross contamination. Mr Webster’s evidence completely undermined the Defence argument that Sheila’s blood had never been on the sound moderators baffle plates, and accordingly the appeal judges dismissed this ground of appeal based upon Mr Webster’s evidence. Ironically had Jeremy’s Defence lawyers not called Mr Webster to give evidence then the appeal judges would have accepted the evidence given by the prosecutions forensic experts and the appeal against conviction would have been granted. |
Blood & 2002 Appeal |