QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE PITCHFORD
|THE DIRECTOR OF PUBLIC PROSECUTIONS||(DEFENDANT)|
Smith Bernal Wordwave Limited
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(Official Shorthand Writers to the Court)
MISS SHEPHERD (instructed by NEW BAILEY CHAMBERS CPS) appeared on behalf of the DEFENDANT
Crown Copyright ©
"Name John EF Mills; Force Lancs; Division C;
"Station Chorley; Date 2.3.01; Time 01.53;
"Officer in case PC 2470 Cross."
There was no evidence before the Crown Court, which made no findings about it, as to when the label to which Mrs Slater referred was placed upon the specimen, nor the source of the information which was placed on that label.
"The officer said he had sealed the specimen and marked it with ERP (Evidence Related Property). He did not say he put it in the fridge.
"Mr Jennings collected an exhibit from the ERP fridge at Skelmersdale Police Station and delivered it to the laboratory. There was nothing said about a label or name, but we were satisfied that he spoke of the same item as Police Constable Cross.
"The analyst's certificate mentions a label. There is no evidence who wrote on the label. It gives certain information which is correct. It gives wrong the police station. It was not Chorley.
"There was argument that the errors could be referring to another sample, but we were satisfied that the witness was speaking about the same sample that was taken at Skelmersdale Police Station."
The observation is inescapable, I am afraid, that the court gave no explanation as to the process by which it purported to reach the conclusion that it was satisfied that the sample analysed by the analyst, Mrs Slater, was the same sample which had been taken from the appellant on the night of 2nd March 2001.