23 November 2003
Who killed Mandy
and her family?
Dai Morris is serving four life sentences
for killing his lover, her children and her mother. Now forensic tests
and fresh evidence suggest he is innocent
By David Rose
'I used to be a bit of a crook,' says Dai Morris,
smiling ruefully. 'Ringing cars, that sort of thing. But I gave it up.
I was getting too much hostility from the locals, to be honest. But this...'
The prison's visiting room falls silent. 'I couldn't have done this.' He
shudders.
Morris, 41, is serving four life sentences for the
murders of his former lover, Mandy Power, her daughters Katie, aged 10,
and Emily, eight, and her disabled mother, Doris Dawson, 80. All four were
bludgeoned to death at their home, which the killer tried to set on fire,
in Clydach, a former pit village clinging to the mountains on the outskirts
of Swansea, early on 27 June 1999.
Three years later, at the end of a trial at the city's
crown court in which the jury heard how Power had been having a lesbian
relationship with Alison Lewis, a former police officer who was once a
suspect herself, Morris was convicted and given four life sentences.
Now fresh evidence disclosed by an Observer investigation
suggests this was a miscarriage of justice and that, as stickers and graffiti
on walls and lampposts in the city claim, Dai Morris is innocent. This
month the Court of Appeal took the unusual step of granting his lawyers
legal aid to prepare an appeal, which is likely to be heard early next
year.
Morris, now held far from his home at Full Sutton
prison near York, talks animatedly. In an exclusive interview with The
Observer, he comes across at first the way his family describes him - 'happy-go-lucky,
a bit of a character; you could say Jack-the-lad'. But from time to time
fear flickers in his eyes. 'If I don't win my appeal, I know I'll never
be released,' Morris says.
If he is telling the truth, he is, as he says, partly
responsible for his own predicament. There was no forensic evidence connecting
him with the crime: no trace of his fingerprints or DNA. His conviction
rests on just two points: the discovery of his gold chain in Power's house
and lies he initially told police about it; and second, his lack of an
alibi.
According to the prosecution, Morris and Power had
never had a sexual relationship, and he knew her only because she was the
best friend of Mandy Jewell, Morris's girlfriend. Power had no partner
when she began seeing Lewis in November 1998. Lewis who, like Power, had
two small daughters, had already had several lesbian relationships, but
for Power this was the first.
Morris killed her and her family, it was said, because
he went to her house, drunk and wanting sex, and went berserk when she
refused.
His own story is very different. He had been living
with Mandy Jewell for seven years, but their relationship was marred by
arguments which could turn violent. 'We did have fights,' Jewell admits.
Morris said the worst was when she hit him on the
head with a piece of wood after 'she caught me shagging this girl from
round the corner'. From the start of his clandestine relationship with
Power in 1998, he says his biggest fear was that Jewell would find out.
When Power began her affair with Alison Lewis, Morris
says he did stop seeing her, not because of the intensity of the new lovers'
feelings for one another but because he had been banned from driving and
could not easily get to her home. Early in 1999, however, he insists they
began to talk again on the phone and met for coffee. For a moment he smiles.
Power 'was just a sex-mad woman. That's all I can say about her,' he says.
'It wasn't enough of a challenge for her to have just one relationship.
I took the piss out of her, told her she was taking this lesbian thing
too far.'
A new piece of evidence supports his claims. Although
the prosecution said Power had no contact with Morris, her telephone records
show she rang him repeatedly on Valentine's Day 1999. Moreover, he was
not at the flat he shared with Jewell, but at another property he kept
nearby - to stay in, Jewell says, 'when I got sick of him and kicked him
out'.
The trial judge, Mr Justice Butterfield, told the
jury in his summing up that if they thought Morris was lying when he said
he and Power were having a relationship, this would be important in reaching
their verdict.
On 25 June 1999, just two days before the discovery
of her body, Morris says he went to Power's house in the morning, while
the children were at school, and had sex. Before he went to her bedroom,
he says he left his chain, which had a broken clasp, on her kitchen counter.
After the murders, the chain assumed a frightening
significance. Morris told his cousin, Eric Williams, about it: 'If I'd
murdered her, that [leaving it behind] is the last thing I'd have done.
I wouldn't have told a soul. I told him because I trusted him, and I was
scared.'
Months later that conversation led to Morris becoming
a suspect. When he was first arrested, he lied to detectives; again, he
says, because he was scared.
On the night of the murder, says Morris, he and Jewell
had a row at the end of an evening in a local pub. He left alone, and decided
to walk to his parents' home eight miles away, but it started to rain when
he was halfway there. He went instead to the home he and Jewell shared,
getting there by 3am - an hour before the killings. Yet this gave him no
alibi: he went to bed in the spare room, and Jewell remained asleep.
The investigation into the killings by South Wales
police was far from rapid. Until a few weeks before Morris was charged
in March 2001, detectives had been investigating Lewis, her husband Stephen,
a police sergeant, and his identical twin brother Stuart, an inspector.
Alison and Stephen were both arrested, and spent months as suspects. Stuart,
who was the first senior officer to reach the murder scene, was arrested
on suspicion of perverting the course of justice.
None of the Lewises was charged, but Stuart still
faces disciplinary proceedings. A police inquiry into his behaviour, the
conclusions of which The Observer has seen, found he could not account
for his movements at the time of the murders, although he had been on duty.
He did not write about this in his notebook until two days later, and even
then parts of it appeared to have been altered.
The report found that when Stuart got to the scene,
firemen and paramedics told him that the victims had not died as a result
of the fire, but had been attacked. The bodies, which were outside the
house, were covered in blood.
Yet instead of telling his control room and senior
colleagues that there appeared to have been a mass murder, and setting
a homicide inquiry in motion, Lewis disappeared for an hour. As a result,
the house was not secured, and valuable time for the start of forensic
inquiries lost.
The force realised the seriousness of the crime only
when other night duty officers who had been at the scene returned to their
base at the end of their shift. Lewis gave the internal inquiry an account
of his whereabouts after he went to Clydach, but according to the report,
what he said was untrue.
Morris's trial heard that on the night of the killings
a witness, Nicola Williams, saw a man walking from the direction of Mandy
Power's house, carrying a bag. Williams looked at him closely, she said,
and thought he was wearing what looked like a police jacket.
She produced an E-fit, which looks like Stephen Lewis.
Fifteen months later, she picked out the sergeant on an identity parade.
The judge told the jury to disregard this, however, because Stephen had
an alibi: that he was in bed with his wife, Alison.
And the jurors were not told that the E-fit looked
even more like Stephen's twin, Stuart, and that he could not account for
his movements that night.
It is, says Morris's solicitor, Danny Simpson, extraordinary
that Stuart Lewis did not give evidence. It is likely, he says, that the
prosecution did not wish to call the inspector because it knew the disciplinary
report would then have been shown to the court.
Yet the defence made no protest. It allowed the jury
to be told that Stuart's conduct was 'calm and efficient', though it had
seen the report and should have known this claim was untrue.
Why might that have been? Morris's grounds of appeal
claim: 'His trial was unfair because his solicitors had a conflict of interest.'
Surprisingly, Morris's solicitor, Dai Hutchinson, had spent months representing
both the Lewis brothers when they were suspects. The grounds claim that
as a result, he failed to present evidence which would have been favourable
to Morris.
Hutchinson has declined to speak to The Observer,
but in a letter to the Court of Appeal he denies he had such a conflict,
saying he was careful to ensure that Morris was happy about the fact he
had already represented the Lewis brothers, and that he checked with the
Law Society's ethics department. By the time Morris was charged, he said,
he had stopped acting for the Lewises.
Other important evidence was not given by the defence,
say the grounds of appeal. For example, Stephen Lewis repeatedly insisted
he did not know of his wife's lesbian affair until after Power's death.
Yet Hutchinson had the disciplinary report, which
contained statements from two witnesses saying Stephen had known about
it. If these people had been called, they could have backed testimony from
Power's neighbour, Louise Pugh, who told the court she had heard Stephen
threatening Power in the weeks before the killings, telling her to 'stay
away from my wife, or I'll kill you'. Stephen Lewis denied this.
The report added that early in the investigation
at least one detective leaked information to Stuart Lewis. Last week, Phil
Lloyd, who is representing the Lewis brothers for the Police Federation,
said neither had any comment to make. He said Stuart would vigorously defend
himself against any disciplinary charges, and that he disputed the conclusions
of the internal report.
Meanwhile, a new forensic study commissioned by The
Observer reveals a possible inconsistency in evidence given by Alison Lewis.
She told the court she had not seen Power on the night of the murders,
although they had sex early the previous morning.
Yet samples taken from Mandy's thighs found traces
of Alison's DNA, suggesting they might have had more recent contact. Several
witnesses also said Mandy, who had the skin complaint psoriasis, bathed
often, and a relative who saw her the evening before she died said she
was freshly showered.
The prosecution agreed that washing would have removed
Alison's DNA. It explained its presence by the fact that a vibrator was
found inside her body. Alison testified that she had used this herself
just once, six months earlier. The prosecution said the remains of Alison's
dried bodily fluids might have 'flaked off' the vibrator and stuck to Mandy.
An analysis carried out for The Observer by the Manchester-based
forensic science consultancy Hayward Associates was prepared from the original
laboratory notes and crime scene reports. Could Alison's DNA have stayed
on the vibrator for six months? Not, says the report, if the vibrator had
been washed; nor if 'Power had repeatedly used the vibrator in the intervening
period'.
So did Power use the vibrator regularly? The only
evidence comes from Lewis's own testimony. She told the court that Mandy
frequently said she was using it as they talked on the phone.
Alison Lewis told The Observer: 'I never actually
saw her using it. She only ever told me she was using it on the phone.
I don't know if she actually was.'
Since his conviction, Morris has developed diabetes.
It has not been an easy sentence. 'On my first day on remand a screw asked
if I wanted a shower,' he says. 'I went down there and had the living daylights
kicked out of me.'
His mind goes back to the night of the killings and
his fateful walk towards his parents' home. Why didn't he simply visit
Mandy? I ask. The reply pours out with spontaneous vehemence: 'Visit Mandy?
At night? I would never have done that. It would have been far too dangerous.
Because the kids were there, weren't they? And her kids were friends with
Emma, Mandy Jewell's daughter. I would never have taken that risk.' |