Justice Warrior

Miscarriage of justice survivor and committed campaigner for justice Gerry Conlon has died at his home in Belfast aged 60 after a long illness. If they live to be a 100 few people make the impact that Gerry Conlon did. Conlon endured 15 long years of wrongful imprisonment along with Patrick Armstrong, Paul Hill and Carole Richardson (the Guildford Four).

October 19^th 1989 was a day that shook the foundations of British justice to its core. The smug complacency that it was the best in the world was laid bare. A procession of innocent people blinking in the daylight of freedom, fists clenched in the air followed the Guildford Four to freedom as conviction after conviction was quashed, but for many the euphoria soon faded as the outrages of life took their toll.

Committed

There was no after-care provided by the State that had so egregiously wronged so many people when Conlon emerged to face the worldʼs media. Over a decade would pass before a new government, which despite its many wrongs, at least had the decency to apologise to the Guildford Four for what they went through.

Despite his failing health Conlon remained committed to social justice, using his Facebook page to highlight causes he held dear. Conlon was a warrior for justice warrior before armchair campaigning became fashionable. He was an inspiration to many along with Paddy Hill and Michael OʼBrien and the late Yusef Abdullahi in particular.

A True Hero

Conlon campaigned for others. The Birmingham Six were the first, but not last. I met him in 1991. He listened attentively as I told him of a shameful miscarriage – naïvely. There was little or nothing I could tell him that he didnʼt know for himself – that he had not experienced. He spoke to their families and encouraged their campaign. He went to Cardiff and helped put the Cardiff Threeʼs Campaign on the map.

The rest of what happened in that case is history, but it owes Gerry Conlon a huge debt and so do I. We have lost a champion of justice and the world is a worse place without him. What would have happened if Gerry and his supporters had not been so tenacious. Would that glorious day in 1989 have happened? Would justice have prevailed for the many that followed him? Thankfully it did happen. Gerry Conlon, you will be missed.

Justice Warrior

Miscarriage of justice survivor and committed campaigner for justice Gerry Conlon has died at his home in Belfast aged 60 after a long illness. Even if they live to be a 100 few people will make the impact that Gerry Conlon did. Conlon endured 15 long years of wrongful imprisonment along with Patrick Armstrong, Paul Hill and Carole Richardson (the Guildford Four).

October 19^th 1989 was a day that shook the foundations of British justice to its core. The smug complacency that it was the best in the world was laid bare. A procession of innocent people blinking in the daylight of freedom, fists clenched in the air, followed the Guildford Four to freedom as conviction after conviction was quashed, but for many the euphoria soon faded as the outrages of life took their toll.

Committed

There was no after-care provided by the State that had so egregiously wronged so many people when Conlon emerged to face the worldʼs media. Over a decade would pass before a new government, which despite its many wrongs, at least had the decency to apologise to the Guildford Four for what they went through, established a very limited scheme to provide after-care.

Despite his failing health Conlon remained committed to social justice, using his Facebook page to highlight causes he held dear. Conlon was a warrior for justice warrior before armchair campaigning became fashionable. He was an inspiration to many along with Paddy Hill and Michael OʼBrien and the late Yusef Abdullahi in particular.

A True Hero

Conlon campaigned for others. The Birmingham Six were the first, but not last. I met him in 1991. He listened attentively as I told him of a shameful miscarriage – naïvely. There was little or nothing I could tell him that he didnʼt know for himself – that he had not experienced. He spoke to their families and encouraged their campaign. He went to Cardiff and helped put the Cardiff Threeʼs Campaign on the map.

The rest of what happened in that case is history, but it owes Gerry Conlon a huge debt and so do I. We have lost a champion of justice and the world is a worse place without him. What would have happened if Gerry and his supporters had not been so tenacious? Would that glorious day in 1989 have happened? Would justice have prevailed for the many that followed him? Who knows, but thankfully it did happen. Gerry Conlon, you will be missed.

Vindicated

The Cardiff Five (Yusef Abdullahi, John Actie, Ronnie Actie, Stephen Miller and Tony Paris) had been vindicated – proved innocent by the conviction of the real killer. Bizarrely, the CPS and Nicholas Dean QC failed to appreciate the lessons of previous prosecutions of police officers over miscarriages of justice.

In the 1990s – a golden decade of miscarriage of justice awareness – a worrying trend emerged. Convictions fell like flies, or seemingly so. Among them were some of Britainʼs most notorious miscarriages of justice. Beginning with the quashing of the convictions of the Guildford Four (Patrick Armstrong, Gerry Conlon, Paul Hill and Carole Richardson) in October 1989 others soon followed. A whole squad – the notorious West Midlands Serious Crimes Squad – was disbanded and numerous convictions were quashed. But despite this there were no successful prosecutions of police officers over those cases.

Watching the Detectives

Former police officer Ged Corley was convicted of being the mastermind of a series of armed robberies. His convictions, based on the word armed robbers turned super-grasses, were quashed in 1990. The Police Complaints Authority (PCA), discredited predecessor of the Independent Police Complaints Commission (IPCC), investigated a bizarre complaint where the de facto head of the inquiry that convicted Corley, Peter Jackson complained about his own investigation.

Alban Turnerʼs conviction for the murder of Notting Hill Carnival coke-can seller Michael Galvin was quashed in March 1990 as well. His conviction depended on Kevin Sarbutts, whose allegations against the police resulted in a perjury conviction. His allegations against Turner were not investigated. They were to all intents and purposes ignored despite serious discrepancies. That would prove to be far from unusual.

A Gross Pattern of Incompetence

The convictions of the late Paul Darvell and his brother Wayne for the murder of Swansea sex-shop manageress Sandra Phillips were quashed in 1992 in strong terms by three judges headed by the then Lord Chief Justice, Lord (Peter) Taylor. Three officers were acquitted in 1994 despite proof that the original jury had been lied to. Allegedly contemporaneous notes had been written on notebooks issued two months later.

And 1991 saw the collapse of the case against the Tottenham Three (Mark Braithwaite, Engin Raghip and Winston Silcott). That resulted in police being prosecuted, but the previous errors were repeated. Jurors have to believe the original defendants were innocent or they wonʼt convict, especially if the prosecutions are lacklustre, which these were.

Egregious Injustices

These were far from the only miscarriages of justice to plague British justice at that time, but they had something in common – trials of police officers followed, as did acquittals in every case that was contested. Some like the Birmingham Six and Stefan Kiszko were as egregious injustices as could occur, yet despite charges being brought, the accused did not even face trial.

There was a lesson in these prosecutions, or rather there was for those willing to see. In all of the cases that reached trial, the accused police officers employed a simple and reprehensible strategy – a sadly effective one. They turned their trials into retrials of the wrongly convicted. Time after time the CPS failed to grasp the obvious lesson of these cases. Juries would not convict police officers over the miscarriage of justice cases without being convinced that the original defendants had been innocent.

Vindication

The trial of Mouncher et al offered new possibilities. Here was a case where there was no credible doubt about the innocence of the original defendants. They had been proved innocent. Jeffrey Gafoor had pleaded guilty and he was guilty. But the CPS did not have to rely on Gafoor – a man who had knowingly allowed innocent men to suffer wrongful imprisonment for his crime and who had benefited from his assistance to the Lynette White Inquiry Phase III investigation in the form of a reduction in the tariff he received.

An integrated approach to the crime-scene evidence, forensic pathology, blood distribution pattern and later DNA would prove consistent with only one interpretation. Lynette Whiteʼs horrific murder had not been witnessed by two or even four people forced to participate in it. There had not been five killers or even three. The evidence demonstrated unequivocally that there was only one killer – a man and his name is Jeffrey Gafoor. It proved that the Cardiff Five were, as they had always insisted, innocent. It had been proved beyond doubt.

Lessons

If the CPS and counsel it instructed had learned the lesson of all the previous failed prosecutions of police officers in the miscarriage of justice cases, they would have realised that their first and most important task was to convince the jury that there was no credible doubt that the Cardiff Five were innocent and that the evidence had established this fact many moons ago. Then and only then would a jury care.

They had this evidence available to them from a very credible witness that there was no doubt about their innocence, but the jury were denied his evidence. If the CPS and its counsel had done their jobs to the standard the public had a right to expect, the ground would have been cut from beneath the feet of the reprehensible tactic of accusing men who had been proved innocent before it was given the opportunity to sully justice further.

Sadly the CPS trod the discredited path yet again and wasted public resources botching yet another prosecution of police officers in circumstances where it was harder to lose than win, but they managed to snatch a pathetic defeat from the jaws of victory.