Ford, David

David Ford was convicted in May 1999 of murder and received a sentence of life imprisonment.

The CCRC received an application for review of the conviction in August 2004.

At trial, the defendants in this case had relied on matters which they had failed to mention when being questioned by police following their arrest.

The judge did not direct the jury that they could draw an adverse inference from Mr Ford’s silence in interview only if they were satisfied that the reason for his silence was that he had no innocent explanation for the matters then being put to him.

In addition, the judge did not provide the jury with a clear direction explaining which of the “facts” relied on by Mr Ford in his defence but not mentioned in interview might justify the drawing of an adverse inference – and which facts could not justify the drawing of an adverse inference.

The CCRC considered that these matters amounted to a significant misdirection.

The CCRC referred the conviction in October 2004.

The Court of Appeal upheld the conviction in August 2006.