Cummiskey, John

John Cummiskey was convicted in July 1985 of robbery and possession of a firearm with intent to commit an indictable offence. Mr Cummiskey received a sentence of 15 years’ imprisonment.

The CCRC received an application for review of the conviction in April 1999.

The investigation and interrogation of Mr Cummiskey had involved police officers from the West Midlands Police Serious Crime Squad (WMSCS).

Several officers from this squad were later disciplined or prosecuted for serious misconduct, including the fabrication of admissions in police interviews and tampering with forensic exhibits.

In this case, the CCRC considered that there were a number of aspects of the prosecution case that the jury may have treated very differently had those officers from the WMSCS against whom new evidence had emerged been exposed to cross-examination.

In addition, Mr Cummiskey’s allegation that there had been evidence planting and tampering in his case may have been regarded as more plausible at trial given the context that later became apparent.

The CCRC referred the conviction in May 2001.

The Court of Appeal quashed the conviction in November 2003.