Tomlinson, Norman

Norman Tomlinson was convicted in November 1991 of possessing cocaine with intent to supply, possessing a sawn-off shot gun, possessing two pistols without a firearms certificate, and reckless driving.

Mr Tomlinson received a total sentence of 11 years’ imprisonment and a confiscation order for £14,583.23.

The CCRC inherited an application for review of the conviction from the Home Office in March 1997.

Following review, the CCRC concluded that at the time of trial the prosecuting authorities had failed to disclose to the defence important information held by the police.

This information indicated that at the time of Mr Tomlinson’s arrest the police held intelligence that he was in possession of a hand gun and would resist arrest.

If known at trial, this information would have been relevant to an argument for severing the count of reckless driving from the indictment.

A prosecutor told the CCRC that had he been in possession of this police intelligence he would not, in all probability, have resisted a defence application to sever.

In addition, the CCRC considered that such intelligence should have been made available to the defence.

If it had been the wish of the prosecution not to do so, proper application should have been made to the judge for his consent to withhold it.

The CCRC referred the conviction in April 2000.

The Court of Appeal upheld the conviction in December 2002.