10 October 1996
Ex-army officer who spent six
years
in jail wins appeal on killing
By Terence Shaw, Legal Correspondent
Colin Wallace, who was jailed for 10 years in 1981
for the manslaughter of a friend, had his conviction quashed by the Court
of Appeal yesterday.
Mr Wallace, 53, claimed he had been the victim of
injustice at his trial and called for a "far-reaching" police investigation
into the killing of Jonathan Lewis, a Brighton antiques dealer, found drowned
and battered in the River Arun in August 1980. In a reserved judgment,
Lord Bingham, the Lord Chief Justice, and two other judges ruled the conviction
unsafe and cleared Mr Wallace after new medical evidence led to the case
being referred by the Home Secretary, Michael Howard, for review.
Mr Wallace, of Arundel, West Sussex, who spent six
years in jail, said afterwards he would be seeking compensation from the
Home Office for his wrongful imprisonment. But Ann Curnow, QC, counsel
for the Crown, said she would be asking the judges to order a retrial.
James Nichol, Mr Wallace's solicitor, said this application would be vigorously
resisted.
Mr Wallace, a former Army information officer who
now works as a management consultant, said he believed his friend had been
killed by criminal members of the Brighton antiques trade and that there
was evidence of this.
Lord Bingham, sitting with Mr Justice Owen and Mr
Justice Connell, said that, if the case as it now appeared had been put
before the court in February 1982 when Mr Wallace's application for leave
to appeal against his conviction had been dismissed, he and his fellow
judges had no doubt leave would have been granted, the appeal allowed and
a new trial ordered.
While the passage of time might influence their judgment
now on the practicability or desirability of ordering a retrial, it should
not alter their opinion of the safety of the conviction. Lord Bingham said
the thrust of the Crown's case at the trial was that Mr Wallace, who had
developed an "amorous but not adulterous" relationship with Mr Lewis's
wife, had assaulted Mr Lewis at his home and had later that evening taken
his unconscious body in his car and had dumped it in the river.
But new medical and other evidence heard by the court
about the effect of Mr Lewis's injuries made it unlikely that they had
been inflicted in Mr Wallace's house or that Mr Lewis's body had ever been
in the boot of his car.
The Crown now accepted that in all probability Mr
Lewis was knocked unconscious not in Mr Wallace's home but on the river
bank and that evidence at the trial of bloodstains in Mr Wallace's car
boot and of his temporary absence during a local dinner when it was claimed
he might have disposed of the body were irrelevant.
Lord Bingham said Dr Iain West, a Home Office pathologist,
had told the trial jury that Mr Lewis had "probably been hit by a karate
blow" with the heel of the hand to the base of the nose while his head
was being held in an arm lock. But at the appeal hearing in July this year,
two other pathologists said such a powerful blow would have caused damage
to nasal bones, bleeding, swelling and bruising. There was no evidence
of this.
Although Mr Wallace had served in the SAS, he had
denied receiving unarmed combat training. But evidence on the cause of
Mr Lewis's fracture, coupled with pictures published in newspapers of Mr
Wallace in uniform, could have led to the jury disbelieving his denial,
said Lord Bingham.
He added that, despite the radical change in the
basis for its case, the Crown still claimed the conviction was safe because
of the lies told by Mr Wallace when questioned by the police.
There could be no doubt that Mr Wallace's dishonest
and deceptive course of conduct raised a formidable case against him, said
Lord Bingham.
But if the conviction was to be upheld on the basis
of his dishonesty alone, "we must be able confidently to exclude the reasonable
possibility of any innocent explanation for his conduct. We feel unable
to do so."
It was possible, even if unlikely, that Mr Wallace
initially withheld reference to the evening meeting he had with Mr Lewis
shortly before his disappearance and when Mr Wallace's relationship with
Mrs Lewis was raised, out of a desire to conceal the subject matter, said
Lord Bingham. From that moment onwards, he found himself "drawn into an
ever-increasing spiral of deception".
If the trial jury had known that in all probability
the assault on Mr Lewis had not taken place at Mr Wallace's house and Mr
Lewis had never been in the boot of his car, it is doubtful whether they
could have discounted the evidence of a key witness at the trial.
This witness, a riding instructor who worked part-time
in her parents' pub, had claimed she had seen Mr Lewis, whom she knew,
in the bar with an unidentified man at the time when the prosecution claimed
he should have been unconscious and was probably in the car boot. |