THE two eyewitnesses, Abdul Ahmed and Sally Palmer, described seeing the man they believe to be the stabber or main aggressor wearing a blue jacket or sports top. 

Ahmed’s account to police of what the perpetrator wore varied from “navy or royal blue jacket” (2005) to “dark blue jacket” (2013).

While Palmer, who had a much closer view of the incident, specifically recalled Rob Darby’s main aggressor dressed in “lightweight zip-up navy or dark sports jacket” (2005). At the trial in 2013, she repeated it was a “navy or dark zip-up sports top.”

But CCTV footage from the day of the incident proves that Jason Moore was wearing a black or charcoal grey hoodie-style, zipless Adidas top with distinctive (probably green or blue) piping down each sleeve.

However, an article of clothing described by police as a "blue sports jacket" was found during their search of *****’s flat at Newbury Park a few days after Robert Darby died.

It was found, casually discarded on the floor of a bedroom, by DC William Cline-Bailey on August 28, 2005.

This blue top became known as Exhibit WCB/1.

We know from police files that it was sent to their forensics lab on December 7, 2012 – more than SEVEN YEARS AFTER the incident. But can continuity be proved? Was WCB/1 or Clothing Exhibit TRB/503 sent for forensic testing in 2005?

According to police witness statements, all their forensic people did was carry out a cursory testing of the garment – taking tapings from the exterior, collar and cuffs.

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No traces of Jason Moore’s DNA

Dan Beaumont's forensic report (LGC/130 356 19, dated April 11, 2013) refers to tests conducted on February 20, 2013. It stated: "Jason Moore did not contribute to DNA profiles on Blue Jacket. With no clear indication from the profiles of *****."

So there you have it from The Met’s forensics department ....NO TRACES OF MOORE’S DNA ON THE BLUE TOP.

As this potentially crucial item of clothing was recovered from *****’s home, is it not possible that a much more vigorous testing process will inevitably bear traces of his DNA? Of course it must.

The big question is: does it also contain any traces of DNA transferred from Rob Darby?

Remember, ***** admitted in court that he did have physical contact with Darby at the crime scene.

 

If the case had been properly investigated in 2005, you would expect The Met to know the answer to the above question. Perhaps they do but prefer not to disclose their findings.

They sure as hell thought the jacket held some evidential value – why else would they send it to their forensic lab in the first instance? They just didn’t bother to carry out a thorough, conclusive examination.

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Police repeatedly reject requests for full disclosure

What we do know is that despite repeated attempts by Jason’s legal representatives dating back pre-trial to 2012, and more recent requests for full disclosure from them and also Tim Darby, The Met/CPS has continually refused to disclose the jacket or make it available for full, independent DNA testing using the very latest forensic techniques and technology.

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What are they hiding?

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Trial and Appeal Court discussion

Unfortunately, Jason was lured into a trap while under cross-examination from CPS barrister Simon Dennison. Jason’s memory is sketchy around a lot of things, he would be the first to admit this, but isn’t it reasonable to accept that, when questioned by the prosecution QC, he genuinely couldn’t recall what he was wearing on the day of the incident – EIGHT YEARS earlier?

This is how their Q&A played out at the Old Bailey:

Q. Would you take our graphics bundle, our main exhibit 2, please and open it at page 4. Three photographs taken from the moving CCTV from the lobby where you lived, that is you at 10.45 in the morning on the Wednesday, the day this happened, all right?

A. OK.

Q. So it is a little over an hour before Mr Darby was stabbed. Is what you are wearing in that photograph, or those photographs, what you were wearing at the time that he was stabbed?

A. I assume so. Because it was an hour later, I assume so.

Q. The top you were wearing was a dark, zip-up top or jacket, wasn't it?

A. That's what it looks like.

Q. That's what it looks like, because that's what it is and it was dark blue, wasn't it?  You won't see that in the photograph, Mr Moore, but it was a dark blue, zip-up top, wasn't it?

A. What, this top here?

Q. Yes. That's the one you were wearing at the time.

A.  I assume so, I don't know.

Jason clearly didn’t help himself here. He should not have naively assumed anything about a key piece of evidence that damaged his defence. “I don’t know” or “I can’t remember” would have been acceptable and, most importantly, honest replies rather than him half-agreeing to what was put to him.

The CPS QC was very canny. He elicited the answers he got from Jason by showing him and the court low quality STILL PHOTOGRAPHS taken from the moving CCTV footage of him waiting for the lift in his apartment building.

 

But the judge and jury were not shown this important footage.
 

Sadly, Jason’s QC, David Howker, did not offer a counter argument by pointing out the poor quality of the still images and the fact that the moving CCTV film undermined Dennison’s assertions. Nor did Howker refer to the evidence given by DC Kimberley Jones, one of the officers responsible for collating the CCTV material. On page 7 of her statement dated May 9, 2013, six months prior to trial, she confirmed: “Jason Moore at concierge lift lobby carrying a newspaper. He’s wearing grey tracksuit bottoms and dark sports top with an apparent stripe on sleeve and dark coloured training shoes. The clothing is similar to that worn by him later that same day at the Fairlop Oak pub.”

The damaging effect of Dennison's court cross-examination was compounded at Jason's 2017 Appeal, when Lady Justice Sharp referred to the dialogue between Dennison and Jason.

In paragraph 52 of her Approved Closed Judgement, she stated: "The Applicant was shown a picture of a dark blue zip-up top, and agreed that this was what he had been wearing at the time."

 

No, he most certainly was not shown a photo of himself in a blue zip-up top. There was no zip, it was a hoodie-style garment and, as even the MPS stated, it was GREY.