6 December 2010
Operation Ore judgment ‘not based on the evidence’
Speaking on the dismissal of the appeal of Anthony O’Shea against his conviction in relation to Operation Ore, his solicitor Chris Saltrese said:
“This is a disappointing judgment but not unexpected.
“The Court of Appeal decided to hear a two week case in two days by not hearing the evidence.
"As a result, the Court overlooked the key issues in the written
submissions. It substituted its own version of the significant evidence.
“The Court's version did not include the core evidence on which the
appeal was based.
"The House of Lords Science and Technology Committee has recommended that the Government review the availability of independent specialist advice in court cases involving internet-related crime.
"The conduct of this case suggests that such a step may now be timely.
"Landslide was not a child pornography portal. It was an
internet-vehicle through which criminal webmasters processed stolen credit-card information.
“The evidence is clear but was overlooked by the Court.
"Obviously Mr O'Shea will have to consider the next steps in seeking to overturn his conviction.
“We would stress that we remain convinced that Operation Ore in general, and his case in particular, was seriously flawed and a miscarriage of justice.”
Note for editors:
1. The judgment in R v O'Shea was handed down by the Court of Appeal, Criminal Division on 6.12.10.
2. Leave to appeal out of time had been granted following an
application in 2009.
3. The appeal rested on analysis of the transactions on Landslide
comprising a large body of written submissions.
4. The respondents did not address key issues in the submissions in
writing prior to the oral hearing.
5. The Court of Appeal declined to grant an adjournment requested by the appellant for this purpose and did not allow the evidence to be presented orally.
6. A detailed evidential critique of the Court of Appeal judgment will be made available in due course.
7. The House of Lords Science and Technology Committee produced its report on Personal Internet Security in 2007 having heard evidence in relation to Operation Ore.
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Chris Saltrese Solicitors
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