Bamber appeal claims 'fanciful'

Bamber has always proclaimed his innocence

Claims police disturbed the murder scene where five members of Jeremy Bamber's family were shot dead have been described as "fanciful" at the Court of Appeal.

Bamber, 41, was jailed for life in 1986 for the murders at his family's farmhouse at Tolleshunt D'Arcy in Essex.

His lawyers have argued during the appeal hearing that police officers could have knocked over furniture and a bowl of sugar in the kitchen at the farmhouse.

But Victor Temple QC, for the Crown, told the three judges there was "absolutely no evidence" to back up the allegations made by Bamber's lawyers.

Victim struggle

Bamber's mother June, 61, and six-year-old nephews Nicholas and Daniel were shot dead in their beds at White House Farm in August 1985.

His father Nevill, 61, was found slumped downstairs, while his sister Sheila Caffell, 27, was found by her parents' bed.

On Tuesday, Mr Temple told Lord Justice Kay, Mr Justice Wright and Mr Justice Henriques it was "very clear" the disarray in the kitchen was the result of a struggle between Nevill Bamber and his attacker.

"Frankly it is fanciful to suggest that these matters can be laid at the Tactical Firearms Group's door."

He argued the material Bamber's lawyers wish to call to back up their claims was based on "hearsay".

Mr Temple said "it would have been pointless" for officers to have rushed around the farmhouse on the morning of the murders as they had not known whether the attacker was still at the scene.

Scratch marks

Later, Michael Turner QC, for Bamber, turned to the third of the 15 grounds of appeal the defence will present.

This challenges the prosecution theory at the original trial that scratch marks on window sills showed that Bamber broke into the farmhouse to murder his family.

Mr Turner said the scratch marks had been found on 1 October, although the murders had taken place on 7 August.

On 16 September, after his release by police from questioning, Bamber had broken in to collect important documents, said Mr Turner.

He claimed investigations prior to that date had found no marks, yet had not been reported fully to the defence at Bamber's trial.

'Little significance'

Mr Temple responded the evidence showed that Bamber "knew perfectly well how to get in and out of the house".

He added the trial judge had made clear in his summing up that the issue "really had very little significance in the overall scheme of matters".

He said it was difficult to see how the issue had damaged the defence case.

Bamber, who has always proclaimed his innocence, is urging the court to find his convictions unsafe.

The appeal judges have heard his lawyers claim the case against him was built on a "series of deceits".

The hearing was adjourned until Wednesday.