SUMMING UP

POST TRIAL



APPEAL

TAPING

KEY PLANT





Mrs Berginís statement

Dear Mr Greenwood

RE: Thomas Gerard Bourke - court of appeal 16th july 2007

I acknowledge receipt of you fax dated 11th may 2007

I have caused enquiries to be made and reply as follows.

Firstly, the court clerk who was present in court for the duration of this trail no longer works here. However, I have made contact with the clerk who informs me that she has a vague recollection of this case only because of the nicknames that was used during the course of the evidence. She has no recollection of any security issues surronding this case. I have also scrutinised the court log.

The court sat on this case on thursday 1st december and adjourned at 3.02pm until monday 5th december. The court sat at 10.45am on the 5th december when the honourable Mr Justice Sachs continued his summing up. There is no reference on the court log to other matters being dealt with by his lordship. This particular court clerk was extremely thorough in maintaining her court logs. Had matters been discussed it would have been noted.

It would have been extremely rare in 1994 and around that period to have in place the level of security referredto in the notice of appeal. Applications for deployment of overt police officers within the court building have to comply with strict guidelines and may only be approved by the senior presiding judge of england & wales or a presiding judge in the absence of the senior presider. Jurors in deliberation, around that time, in this type of case, were often sent to a hotel. In my experience, this level of security would never be imposed.

Court ushers would have escourted the jury and from time to time covert officers would be discreetly sited within the hotel but certainly never visible to the jury.

I have also enquired whether we hod a note book for Mr Justice Sachs for that period but i regret that we don't. I feel i have pursued all lines of enquiry open to me .

The court file has been preserved and is retained here.