The Innocence Project - Neil Warner Case and CCRC Conlusions

Mr Warner was convicted of murdering an elderly couple on 19th March 1991. The stabbings occurred during the night of 21st-22nd July 1989. Mr Pool was stabbed 23 times, and Mrs Pool 11 times, she also had signs of salvia on her breast suggesting there was sexual intentions. Warner claims he was only in the house for 5 minutes, and his only motive was to steal.

On the 11th February 2003, Warner requested an appeal as he stated that there was no scientific evidence to link him with the upstairs premises, and that the blood stained man outside requesting a taxi should be further investigated. The Full Court dismissed his application to appeal as they concluded the evidence was 'formidable' and that the blood-stained man was not connected with the incident as he requested a taxi on 21st July, whereas the murders were not committed until two hours later, around 2am.

In June 2003, Warner applied to the Criminal case review commissioner (CCRC) to review his case, as he persisted that no forensic evidence linked him to upstairs. Under section 19, they reviewed the six unidentified finger and palm prints, concluding the front porch mark as Mr Smiths. However, the report concludes that there is no further evidence other than that one fingerprint, so this enigma rules him out from being a suspect.  

The CCRC commissioned the Forensic Science Service (FSS) to examine tapings from the clothes which belonged to Neil Warner against fibres found on the items upstairs. The FSS revealed that the fibres from upstairs were ‘indistinguishable’ from the jumper he was wearing on the night of the crime. Warner admitted to leaving the jumper where it was found downstairs, after he used it to wipe the fingerprints off the window. The fibres from this jumper were also found on items from upstairs such as the pillow case, duvet, tights, skirt and shirt. This evidently overturns Warner’s claim that he was never upstairs. In addition to this, the remaining DNA components were originated from one person, which forms an incomplete profile matching the DNA profile of Neil Warner. The Section 19 investigation further strengthened the case against him, reinforcing the fact he was guilty. Warner was acting suspicious the morning after the murder, he washed his jeans and went to Morpeth taking the footwear he wore on the night in question with him. Mr Knox who lived in the caravan with Warner claimed he returned around 2.45am, this would correspond with the time of death and highlight the fact Warner lied when he said he returned around 1am. The commission therefore does not accept that there is any evidence to argue his case that the murders were committed by another person other than Warner himself.

 I agree with the final decision for not referring Warner to the Court of Appeal as there is strong evidence to prove he is guilty. It is not possible that the fibres could have been contaminated as the police carried out necessary steps ensuring each item was sealed individually in plastic bags. The CCRC will only refer a conviction to the Court of Appeal if there is a real possibility the conviction will be overturned. In Warner’s case all forensic avenues were explored, reinforcing that there was no evidence to suggest he was innocent.