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Operation Ore - update

We are currently in the process of preparing a submission to the Criminal Cases Review Commission in relation to Mr O’Shea's case which challenged the reliability of credit card evidence implicating the defendant in purchasing access to child pornography.  

Press Release

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.”

ends

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.