The audio, recorded by this newspaper, has been submitted to the Criminal Cases Review Commission (CCRC) by lawyers for convicted killer Jason Moore.
“We are trying to persuade the CCRC to expedite the application process,” said Mark Bowen, of Shearman Bowen law firm, which is representing Jason, from Canary Wharf, free of charge.
Mr Bowen said he felt “great unease” over Jason’s 2013 conviction for stabbing Robert Darby, from the Isle of Dogs, to death outside the Valentine pub in Perth Road, Gants Hill in 2005.
The application asks the CCRC to “use its powers to the fullest and to investigate this matter rigorously so that this ongoing miscarriage of justice can finally be corrected”.
The CCRC confirmed receipt of the application but said it could not comment on it.
It has been submitted by Mr Bowen and Edward Fitzgerald KC, of Doughty Street Chambers, also working pro bono.
Jason was charged with Robert Darby’s murder after one eyewitness, Abdul Ahmed, picked him out of a photo line-up seven years later.
No forensic evidence or CCTV ever linked Jason to the crime. He did not match witnesses’ descriptions of Robert’s assailant.
Mr Ahmed told police on the day that the killer was 5’10”, had a shaved head and wore a blue zip-up sports jacket – a description corroborated by the only other eyewitness.
Jason is 6’4” in bare feet, had long, thick hair in curtains and was filmed on CCTV in a grey hoodie with no zip.
This paper revealed earlier this year how Mr Ahmed only picked out Jason after police had already shown him Jason’s photograph in a prior photo line-up.
The Free Jason Moore campaign is jointly run by his own family and Robert Darby’s.
Last week, Robert’s older brother Tim, from Havering, handed in a petition at 10 Downing Street calling for Jason’s release.
A prior CCRC application, filed by both families in 2021, raised concerns over Mr Ahmed’s reliability and urged the CCRC to re-interview him – but it refused.
Jason admitted being near the Valentine pub in a friend’s car, but insisted he was sat in the car when Robert was stabbed.
Mr Ahmed claimed he saw Jason emerge from the passenger side of a small silver car resembling a Ford Fiesta and stab Robert.
Jason had been sitting in a brand-new BMW convertible, which looked nothing like a Fiesta.
Rejecting the 2021 application, the CCRC claimed Mr Ahmed was corroborated by the only other eyewitness, who also saw the stabber emerge from the front passenger side of a car.
However, that was false. The second eyewitness never saw the stabber exit any vehicle.
When this error was pointed out, the CCRC refused to reconsider and said Jason would have to file a new application.
“This time we have direct evidence from the main eyewitness contradicting their evidence at trial, which makes this application stronger,” said Mr Bowen.
After the CCRC refused to re-interview Mr Ahmed, our reporter did it instead.
“It was the blink of the eye!” he exclaimed “I was passing by! How could you remember things like that? And I was drunk!”
He added that he had told police he was drunk. If true, that was never disclosed to the defence.
He also told Newsquest he had seen the stabber approach Robert “from the direction of” the passenger side of a car, rather than actually seeing him emerge from a car.
“I hope that the CCRC will now consider this application fully, taking stock of the issues that arose from the failed applications in the case of [Andrew] Malkinson, whose conviction was overturned many years later than it should have been,” said Mr Bowen.
Mr Malkinson served 17 years for rape, only to finally be cleared in 2023 after DNA linked another man to the crime.
The DNA had been discovered in 2007, but the CCRC had twice refused to refer the case to the Court of Appeal.
Its decision-making in that case is now the subject of an independent inquiry.
A service will be held at All Saints Church in Poplar, E14 0EY, to remember victims of miscarriages of justice and their families at Christmas.
The service on Friday, December 22, has been organised in conjunction with the Free Jason Moore campaign and will feature guest speakers including bestselling author Linda Calvey.
It will begin at 6pm.
Catch up on our exclusive investigation into Jason Moore’s murder conviction:
https://www.eastlondonadvertiser.co.uk/news/23997994.jason-moore-lawyers-file-papers-murder-case-appeal/
