The case of Mark ‘Ozzy’ Osborne was rejected by the Criminal Cases Review Commission (CCRC) last year – but “further representations” are now being assessed by final decision-makers.
Ozzy was convicted in 2009 of his friend Mark Tredinnick’s murder in Noak Hill, Romford – despite being in prison for an unrelated lesser offence at the time of Mr Tredinnick’s shooting.
He was charged after a fellow prisoner did a deal with prosecutors, claiming to have overheard a telephone call implicating Ozzy.
In return, the witness – an illegal immigrant with GBH and armed robbery convictions – had his planned deportation cancelled.
He has since recanted, telling the CCRC he gave the wrong evidence out of spite but could no longer live with the guilt.
However, the CCRC refused to refer the case to the Court of Appeal, saying it didn’t think judges would find the witness’s U-turn persuasive.
Julie Major, an NHS worker who has been helping Ozzy with his appeal bid, said the decision “defied belief”.
“He was the most important witness against Ozzy,” she explained. “No one else ever said Ozzy was involved.”
Julie, who has passed a law degree to help her fight Ozzy’s conviction, has now filed a lengthy document disputing the watchdog’s arguments and citing legal precedents.
Shooting victim Mr Tredinnick was lured to Benskins Lane in June 2007, where he was shot with a machine gun in front of his girlfriend and infant son.
The prosecution contended he worked for a drug-dealing operation helmed by Ozzy and his brother Tony and the shooting was punishment for a perceived double-crossing.
Ozzy, who was in prison at the time of the shooting over a fight with a doorman, has always denied having anything to do with Tony’s drug-dealing.
Tony pleaded not guilty at trial so could not stick up for his brother without implicating himself in the crime.
However, in recent years he has signed a statement finally admitting his guilt, saying that only by confessing his own involvement could he finally absolve his brother.
His sworn statement says Ozzy had nothing to do with the killing.
Julie contends that this, combined with the prison witness’s recantation, demolishes what little evidence there ever was against Ozzy, who was convicted under joint enterprise law.
CCRC commissioners could make their decision as early as the end of January.
The body – whose chairwoman resigned this week after past failings meant an innocent man spent up to ten avoidable years in prison – does not comment on active cases.