The second appeal
Siôn Jenkins’ second appeal opened on 28 June 2004. It was adjourned almost immediately because of the serious illness of one of the judges, Lord Justice Kay.
The appeal resumed on 30 June, when his place was taken by Lord Justice Rose, who, with Mr Justice Curtis and Mr Justice Wakerley, heard the appeal.
Siôn Jenkins’ barrister was Clare Montgomery, Q.C, and his solicitor was Neil O’May of Bindman and Partners.
Grounds of appeal
There were three main grounds of appeal:
- that the testimony of Annie and Lottie had never been heard been heard
- that there was fresh evidence concerning the blood spattering
- that there was evidence suggesting an alternative suspect — Mr X
Witnesses
The first witness was Lottie Jenkins, who appeared as a defence witness.
The court then heard evidence from Anthony Scrivener Q.C., Siôn Jenkins’ barrister at his trial. This unusual step was taken so that there could be testimony about why the evidence of Siôn Jenkins’ daughters had not been heard at his trial.
Lois Jenkins gave evidence for the prosecution. She had not come forward at either the original trial or the first appeal, but on this occasion she was prepared to testify against her former husband.
The court then went on to hear evidence from a number of scientific experts.
They included Dr Ian Hill,who carried out the post mortem on Billie-Jo after the murder. At the appeal Dr Hill effectively retracted his evidence from the original trial. Adrian Wain was another prosecution expert who had been involved in the original case.
Clare Montgomery told the court: “The prosecution scientists who swore on oath before the jury and the first court of Appeal that there could be no innocent explanation for the blood on his clothing now accept it is a reasonable possibility that the blood was expirated as he tended Billie-Jo.”
Professor David Dennison and Professor Rober Schroter gave evidence for the defence.
Time for Justice
The appeal ended on 16 July.
The concluding speech of Siôn Jenkins’ barrister, Clare Montgomery, QC, was a powerful articulation of the need for a just end to this tragedy.
She said: “The crime was committed seven years ago and Siôn has spent six of those years in prison in appalling conditions as a child killer. He has been through a trial and two appeals.”
“His arrest led directly to separation, divorce , and estrangement from his daughters. His life has truly been ruined.”
Her words resonated with a simple truth which stressed the need for this nightmare to be brought to an end.
Finally the Appeal Court judges announced that Siôn Jenkins’conviction was unsafe and should be quashed. A retrial was ordered.
Bail
The defence application for Siôn Jenkins to be given bail was immediately challenged by the prosecution.
There was a two week adjournment during which Siôn Jenkins, although technically an innocent man in the eyes of the law, was held in Belmarsh prison until he was finally set free on 2 August 2004.