A man jailed for life 11 years ago for the murder of an elderly woman may have been the victim of a police plot to frame him, a court has heard.

Brian Parsons, now 39, has always denied beating 84-year-old Ivy Batten to death at her home in Shute, Devon, in 1987.

His lawyers are asking three judges at the Court of Appeal in London to rule that his murder conviction was "unsafe".

His counsel, David Martin-Sperry, told the court Parsons was convicted at Exeter Crown Court "principally on the basis of what has, until now, been seen as overwhelming forensic evidence".

The evidence included the discovery in Parsons' car glove compartment and in his coat pocket of fibres from a pair of distinctive hand-knitted gloves, the court heard.

Mr Martin-Sperry told Lord Justice Beldam, sitting with Mr Justice Garland and Sir Oliver Popplewell, that "extensive material had been kept from his defence at the time both of his trial and of his subsequent appeal".

'Over-zealous'

Counsel added: "It will be argued that this material would have allowed the defence to investigate before the jury whether these fibres had been placed where they were found - in common parlance 'planted' - by some over-zealous and dishonest police officer or police officers who wrongly believed this appellant to have been responsible for the murder."

Parsons, a labourer with no previous criminal record, had his murder conviction referred back to the Court of Appeal following a damning report on the police investigation into the murder.

Mr Martin-Sperry said Miss Batten was "viciously" murdered during what had all the hallmarks of a "professional" burglary. She was beaten about the head with a hammer.

The appeal case continues.

Brian Parsons desperately protested his innocence from a Crown Court dock nearly 12 years ago, just seconds after being jailed for life for brutally murdering a grey-haired spinster in her own home with a hammer.

There was uproar in the Exeter court as Parsons turned to the officer who led the murder hunt, Detective Superintendent John Essery, and shouted: "You have stitched me up. You have just ruined this family."

Parsons's late father, Jack, also launched a tirade at the now retired detective shouting across the packed courtroom: "I will get you Essery. You bloody fixed him."

From that moment at Exeter Crown Court in December, 1988, Parsons – clutching a prayer tract and a photograph of his then fiancee Tina Cordwell – has fought to have his conviction overturned.

Parsons, a labourer with no previous convictions, was 28-years-old when he was jailed for life for murdering 84-year-old Ivy Batten at her isolated bungalow in the hamlet of Shute Bottom, east Devon, in November, 1987.

Miss Batten, killed by seven hammer blows, was known as the Railway Lady because she waved to passing trains on the railway line near her home.

People who knew Parsons, the youngest of seven children, who lived with his parents in Coly Vale, Colyton, east Devon, were stunned at the verdict.

He was known as "Bunny" to his friends, and regularly gave blood at donor sessions held in the area.

For a couple of seasons played as first team goalkeeper for the local Beer soccer club.

The Court of Appeal dismissed Parsons's first appeal against conviction in October, 1990.

The latest – and probably – final chapter in Parsons' marathon battle for freedom began last December when the Criminal Cases Review Commission referred his case back to the Court of Appeal.

The CCRC move followed a 10-month Hampshire Police inquiry into the original Devon and Cornwall force investigation.

The Hampshire inquiry, ordered by the CCRC in 1997, examined 11 separate issues in the case, including the time of Miss Batten's death, forensic evidence, alibis and new witnesses.

When the CCRC decision was announced, Parsons's solicitor, Stephen Nunn, said the Devon and Cornwall force had withheld at least 160 items of evidence in the case.

Had all the items had been disclosed to Parsons' defence team "I do not think there would even have been a trial, let alone a conviction," he said at the time.

In the years following Parsons' conviction, Devon and Cornwall Police carried out three internal inquiries into the case, and reports were submitted to the Home Office.

In court today was Parsons's widowed mother Iris, and his wife Annette, from Littlehampton, West Sussex, whom he married in jail on December 21, 1996.

Seven years ago Miss Cordwell, a divorced mother of two, who was then 41, from Seaton, east Devon, broke off her engagement to Parsons, blaming emotional stress.

A man jailed for life for the vicious hammer murder of pensioner Ivy Batten at her Devon home has lost a second appeal against his conviction. Brian Parsons, now 39, has always denied beating 84-year-old Mrs Batten to death at her home in Shute, Devon, in 1987.

He asked the Court of Appeal in London to rule that his murder conviction was "unsafe". His lawyers alleged police may have planted crucial evidence to construct a false case against him.

But the Court of Appeal in London rejected allegations that fibres from gloves worn by the killer were planted by police officers in the glove compartment of Parson's car and his coat pocket.

'No doubt'

"We are left in no doubt about the safety of the conviction and we dismiss the appeal," said Lord Justice Beldam, sitting with Lord Justice Garland and Sir Oliver Popplewell.

Parsons, a labourer from West Sussex, had his first appeal dismissed in October 1990, but earlier this year the case was referred back to the Court of Appeal by the Criminal Cases Review Commission.

The move followed a year-long inquiry by Hampshire Police into the actions of Devon and Cornwall officers.

Devon and Cornwall Chief Constable John Evans said after the decision: "I have always sought to reassure the public that the original investigation into the murder of Ivy Batten was conducted thoroughly and with the utmost integrity."

In a statement Mr Evans added: "During this second appeal hearing, serious allegations were made attacking the honesty and integrity of police officers and other witnesses. Devon and Cornwall Constabulary is not surprised that their Lordships have rejected those allegations, and the honesty and integrity of those police officers and witnesses have been vindicated."

In court Lord Justice Beldam said Miss Batten was murdered by a burglar who struck her seven times on the head with a hammer. The weapon and a pair of gloves were found in a nearby field.

Parsons could provide no explanation for the presence of the wool fibres, or the fact that fibres matching a sweater recovered from his car were found on the cuffs of the gloves.

The case was the subject of three television programmes produced for West Country Television by John Kiddey. He teamed up with private investigator and former London policeman John Rigbey.

They suggested the hammer and gloves had been "mishandled" by the local police constable and that the officer's wife was involved in a police conspiracy to invent evidence implicating Parsons.

The judge said a witness called during the appeal to support these allegations was "reluctant and uneasy" when asked to repeat on oath what he had said in a written statement.

"We are convinced he had neither a sufficient grasp of the underlying facts involved in the story nor the ability and imagination to devise it," said the judge.

"It bore all the hallmarks of a fictional account conceived by those with the talent to embellish a threadbare storyline."

By Andrew Norfolk

A murderer serving a life sentence for battering an 84-year-old woman to death begins work today in an old people's home as part of his rehabilitation.

Brian Parsons, 40, was convicted 12 years ago of the murder of Ivy Batten in her remote bungalow near Colyton, Devon, after a bungled burglary in 1987.

Parsons, who has always maintained his innocence, is being allowed to leave Ford Open Prison, near Arundel, West Sussex, to spend three days a week working at a nearby old people's home. He is due to start carrying out odd jobs there today and the prison has provided him with a bicycle so that he can fetch shopping for residents.

The chairwoman of a pensioners' group in Devon said: "Allowing him to work in an old people's home is similar to putting a paedophile to work in a children's home. He should be given alternative work. It is very insensitive."

A spokesman for Age Concern said: "We think the prison authorities would do well to reconsider the placement."

Victim Support said: "We know how distressing crimes can be for families, friends and communities."

The prison was unavailable for comment yesterday.

Parsons was allowed his first nine-hour visit to his wife, Annette, at her home in Littlehampton, West Sussex, last month. The couple married in prison in 1996.

Mrs Parsons said: "Brian has already been working with the elderly at a luncheon club but he is really looking forward to being with elderly people on a regular basis. He will return to prison every day. Brian is innocent so there is no need to worry."

Parsons has lost two appeals against his conviction. Lawyers are preparing to take his case to the European Court of Human Rights.

A murderer serving life for battering a pensioner to death with a hammer has been removed from rehabilitation work in an old people's home, the Home Office said yesterday.

The move followed criticism from Age Concern and Victim Support, but was yesterday described by his wife as "absolutely ridiculous".

Brian Parsons, 40, is serving life in Ford open prison, near Arundel, West Sussex, for the 1987 murder of Ivy Batten, 84, at her home in Shute Bottom, Devon.

Parsons was due yesterday to start work at a home near the prison as part of his rehabilitation, carrying out odd jobs. But when news of the placement emerged it was criticised as "insensitive" by a Devon pensioners' group, and Age Concern believed the prison authorities should reconsider.

A prison service spokesman said that Parsons, from Colyton, Devon, would be found other outside work.