Okay now, what have we learned from a few pointed questions, even at the risk of being accused of a deception myself.
First we now have a concession that Batters "possibly” could have testified in court afterall. So we can dismiss all the cheering that that he was so unimportant to this case he was not even called to give evidence. But now, if so, why didn’t he give the Holohan evidence? Well there are several simple reasons for that:
1. He was confined to presenting the facts of the crime as he knew them and not witness statements or statements by alleged mediums.
Witnesses generally testify themselves and do not have their interrogators do it for them. I can see no difference in this where Holohan was concerned. There was no need 18 years later to bring her back into this case given the DNA technology available.
2. Witnesses are not allowed to go off on tangents and present hearsay, even policemen.
3. Batters could only confine himself to answering questions posted by the attorneys for both sides. If they did not ask him about Holohan then he could not introduce her material himself. That should be evident.
Is the lawyer still here? Care to comment about this?
4. The information given by Holohan 18 years later was not needed to convict Ruark since they had DNA evidence including DNA evidence from Ruark’s discarded pullover which
contained blood and fluid traces.
The technology to obtain DNA from such a source did not exist when this garment was first recovered.
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Stumpy wrote:
Tony Youens has just spoken to Lundy again in respect of the points Keen has raised:
He conceeds that is POSSIBLE that Batters gave evidence in court in respect of what he saw at the scene. However if this is the case certainly he could not be described as a "principal witness". It also raises the question that IF Batters did give evidence, why wasn't the crucial evidence that he obtained from Holohan discussed?
Stumpy also wrote:
Tony Youens or I have never asserted that this garment doesn't exist. We fully accept that a discarded pullover belonging to Ruark was recovered. What we take issue with is the following:
The assertion that this garment was recovered by Tony Batters
AND
The assertion that it was Holohan's intervention that lead to the garment being recovered.
AND
The assertion that it yielded any DNA evidence that contributed towards the conviction.
Good, we have an admission that the discarded pullover does exist or, rather, than Youens and Stumpy do not assert it did NOT exist. This is contrary to what were lead to believe before.
So assuming this pullover exists we are left with needing to confirm or disprove 4 things about it:
1. Batters retrieved it or caused it to be retrieved from Ruark’s dustbin.
2. We concede Batters may not have pulled it out of the dustbin personally, but after having learned of its retrieval, attached importance to it, causing it to be preserved and that he did so based on what he had learned from Holohan.
3. Batters caused it to be preserved for 18 years as evidence even though Ruark was released as a suspect and not charged with the crime all this time. I am not familiar with the rules governing the holding of such evidence from persons released as suspects in murder cases in the UK so will not comment further.
If one is suspected, even charged and then exonerated or released of a charge in the U.S. personal evidence taken by the police is generally returned to the suspect unless it is somehow in some other way linked to the crime. Of course this pullover was retrieved from a trash can. If it was outside Ruark's flat it may've been free to take. ????
4.That the blood and fluid residue on this garment was or was not tested using the new DNA technology and did or did not turn out positive for Poole’s DNA typing, thus linking Ruark to the murder. Keen nor anyone else is doubting that other DNA samples were performed and even carried more weight than this one.
The pullover was brought up because Batters recalled it as important, that when it was retrieved, he felt it should be held as evidence, etc.
Stumpy asks: Have you considered the possibility that they can't/won't corroborate Batter's story because it does not accurately reflect what happened within the enquiry?
So we are hinging the entire refutation of Batter’s account of his and his police colleague (X) with Holohan based on a different interpretation of the events by his supervisors, and quite possibly even by their failure to consider or to otherwise
ignore the Holohan interview Batters and X brought in. Is that correct? So what happened? they shelved the case and waited 18 years for science to re open it for them. Fine.
Frankly I don't think there was a great deal of traditional police work, grilling of the suspect, looking for evidence that would've worked 18 years ago and so forth as Lundy claims. If there was they should've pinned this on Ruark a long time ago.
They used to convict people of murder before DNA didn't they?
And we also now have the concession that the investigation undertaken by Youens was conducted by e-mail with Batters and that he never personally spoke with Batters or examined the evidence as others have. We also know that any OPINION regarding Batters' and Police Officer X intrraction with Holohan was, in fact, based on the failure of Lundy or Lundy's superiors to mention it. What is the old saw about that one? The absence of evidence is not evidence of absence?