Giovanni fights back on appeal knock back.

Dear Charlie,

Re: Appeal to CCRC

I have read the document sent by the CCRC on your website and have spoken to both Mr Fish and Mr Emmins. The application sent to the CCRC by CHIVERS SOLICITORS was NOT authorised certainly by ourselves and we presume you granted no authority. In fact the application sent to the CCRC did not include the case of Baker at Peterborough Crown Court which was only one example as to how an amicus should be used.

What CHIVERS solicitors did was obviously see the advice of Mr Lewis QC and send that advice with a covering letter from themselves but without (a) reference to ourselves or (b) authority from you.

This means that the CCRC received an unauthorised application (unless you granted them specific permission) and worse an uncomplete application. The advice from James Lewis QC was an interim advice. We were both awaiting to find case law supporting the advice of both ourselves and Mr Lewis QC. We found that in the case of Baker but by that time this firm had understood the failings of the CHIVERS professionally. We never instructed them to attend you further or any other work on your case. In short what they did was to submit (at the cost of the Legal Aid Fund) a premature application without authority from ourselves and presumable yourself.

I shall write to the CCRC and send a copy of this letter together with fresh submissions on the issues they have raised. Of course it is clear that at the Court of Appeal you were represented by David Whitehouse QC and a junior but he never raised the issue of an amicus and you should not be penalised for any failings of any lawyer including ourselves if we ever failed you.

I have no idea what actions you wish to take regarding CHIVERS but you are perfectly entitled to file a report with the Law Society especially if you gave them no authority to make any filings on your behalf which has prejudiced your case. We ask however, that although you maybe angry at the matter to kindly concentrate your efforts on the parole hearing and we shall make further submissions to the CCRC. If you gave no authority for CHIVERS to make the submissions themselves please confirm in writing to me as this is important. Please do not write any angry letters at CHIVERS solicitors as the manner of appropriate complaint is via The Law Society only.

I hope this explains matters.

I send you my kind regards,

Yours sincerely,

STUDIO LEGALE INTERNAZIONALE
Giovanni Di Stefano

Regina_v_Baker_Black_etc016 << click to read

this is the file that should have been presented over with the appeal.