Public Interest Immunity

On Monday 28th September 2015, Human Rights campaigner, Peter Tatchell and Trudi Benjamin appeared on the James Whale Breakfast show on BBC Essex Radio. Listen to the two part audios below

What attempts have been made by Jeremy to obtain disclosure?

  • The main point is this material should have been disclosed pre trial and the police have had repeated requests for disclosure over 30 years. They had another obligation to disclose pre 1988 and 2002 Appeals but still only gave partial disclosure.

  • In 2005 Andrew Hunter MP addressed Parliament regarding disclosure and was assured the CCRC had the powers to obtain missing information.

  • The CCRC were told by Essex Police that the 'Call Logs could not be located' - as it says in the video - this is Jeremy's alibi!

  • Also see CCRC letter to Jeremy on PII

  • We have documents proving that there is a confidential PII file on Julie Mugford, Senior crown prosecutor's statement to 2002 appeal investigation

  • Let's not forget that all material DNA exhibits were illegally destroyed by Essex Police despite a court order therefore placing all the more emphasis on documents being disclosed.

  • Letter from CPS to the City of London Police Investigation 1991, discussing documents attracting PII not to be disclosed to Defence

  • Essex Police told Jeremy it would be too costly to disclose between 2004-2007. Jeremy offered to pay Essex police for the work of disclosure and they refused.

Last updated on 11.11.15

Find out more about Public Interest Immunity and how it can be used in this BBC News article.

In 1989 and again during 1991 there were investigations made into the conduct of Essex Police during the Bamber case. Much of the fruits of these enquiries have been unhelpful to the Bamber legal team owing to the statements and documents being protected under Public Interest Immunity.

What could possibly be in the findings of the investigations that would warrant it being in the public interest to withhold statements from Bamber's Defence?

Essex Police are still withholding a large amount of photographs and case documents. During August 1985 the Essex coroner was provided with evidence sufficient for him to allow the release of the bodies for burial and cremation. The police had informed him that the investigation was ongoing but on the basis of four murders and a suicide. The documents and evidence to substantiate this were lost.

Many of the documents from the 1988 Police enquiry (Dickinson) are under PII - this includes Julie Mugford's interviews and those of her mother Mary Mugford. We suspect that in exchange for Julie Mugford's testimony she was given immunity from prosecution. There are many documents which suggest this. We also suspect that many police officers were given immunity for telling the whole truth about what happened in the house and these documents have never been disclosed.

Many of the documents from the 1991 Police Complaints authority investigation carried out by the City of London Police are also under Public Interest Immunity.

Also under PII are the Original documents, (98%) from when the case was still a suicide and murder case, known as SC68885 this was from the 7th August 1985 to the 8th September 1985. The photographs that police still hold are from pathology and ones taken of the crime scene. Peter Sutherst's report details which photographs are missing.

After 8th September a new case number was assigned when they decided it was a murder investigation - SC78685 - these records were released to the Defence. When asked about missing files Essex Police state that they have released all of the documents from the case - yes this case - but not from the original investigation!