Barlow seeks royal pardon after FBI flaw

Convicted double murderer John Barlow is seeking a royal pardon after the method used to give critical evidence at his trial was ditched by a US law enforcement agency amid concerns it is badly flawed.

Barlow was convicted in his third trial after two previous hung juries failed to reach a verdict on the 1994 killings of businessman Eugene Thomas and his son Gene in their central Wellington offices.

The US Federal Bureau of Investigation (FBI) provided forensic evidence at the third trial of the Wellington antique dealer, using lead content tests to match crime scene bullets with those in a box belonging to Barlow.

But the FBI has now stopped the practice after scientific criticism of its possibility of producing a high rate of false matches of bullets, the Associated Press has reported.

The bureau is contacting 300 law enforcement agencies worldwide, informing them of its decision.

Barlow is in Upper Hutt's Rimutaka Prison and has been behind bars for 11 years.

His Wellington lawyer Greg King today told NZPA he was very optimistic the FBI move would pave the way for Barlow's convictions to be overturned.

He said the fact the FBI had ditched the tests was the "icing on the cake" in addition to the mountain of scientific evidence that the testing was flawed.

Mr King has applied to the Governor-General for a royal pardon for Barlow, or a return to the Court of Appeal on the basis the evidence was inherently flawed.

"Essentially the jury at Barlow's third trial was misled by this evidence which was put forward as the critical forensic link between John Barlow and the killings."

The FBI evidence was not given at the first two trials where the juries were unable to reach verdicts.

"Is it just a coincidence that at the first two trials there were no convictions?"

Mr King said the Ministry of Justice was considering the royal pardon application. The ministry gave him an estimate of September 1 for making a decision, a date which has now passed.

He said a Superior Court in the United States had recently overturned a murder conviction on the same grounds being made for Barlow.

Mr King said Barlow's defence team had an affidavit from a top scientist in the field who had also previously worked for the FBI.

"He has demonstrated the enormous problems with this type of evidence -- it is just flawed to the extent that the FBI have ceased doing it and have undertaken to notify the authorities in all 300 cases since 1966 in which this type of evidence has been used -- and that includes the Barlow case."

Barlow is currently serving a life sentence with a minimum non-parole period of 14 years.

Mr King said Barlow knew what was happening with his case. "John obviously bounces between being optimistic and being frustrated. He is still in prison and he's been there for approaching 11 years.

"On the basis of established precedent and what has happened overseas I am very confident these convictions will be overturned."

The options were for a full pardon or another trial, Mr King said.

"The general rule is you don't get tried three times... it was held as an exception to the general rule a third trial could be held. Whether that could extend to a fourth trial 11 years after the third is a question to be considered now."

Barlow's wife, Angela, has stood by her husband, convinced of his innocence.

The evidence in question was given by FBI expert Charles Peters, who testified about bullets using a method known as comparative bullet lead analysis.

Barlow's brother Hugh Barlow told NZPA the family had always believed John Barlow was innocent for many reasons other than their belief the FBI bullet evidence was flawed.

"The family has never given up being optimistic that this conviction would be overturned one way or the other.

"It was obvious to us at the time that Charles Peters gave evidence that it was nonsense.

"Ten years on it really is an encouraging development to see them finally admit that what they were saying was flawed."

- NZPA