16 April 2002
A flawed conviction or a just
verdict?
Finally, the Hanratty case will
be laid to rest
By Cahal Milmo
When James Hanratty said his farewells to his family
in his cell in Bedford Prison on 3 April 1962, he left them with one last
wish: "I'm dying tomorrow, but I'm innocent. Clear my name."
Some 40 years and 12 days later, one of Britain's
longest campaigns to right an alleged miscarriage of justice has reached
the Court of Appeal in its attempt to clear the man hanged for the notorious
A6 murder.
The killing of the scientist Michael Gregsten, 36,
along with the rape of his mistress, Valerie Storie, 22, in a Bedfordshire
lay-by was one of the most shocking of its era.
Mr Gregsten, a married civil servant, was shot twice
at point-blank range in front of his lover. After she was sexually assaulted,
she was shot five times and left for dead.
The image of Ms Storie being borne on a stretcher
into Bedford Crown Court to give evidence against her "attacker" is often
upheld as the epitome of a victim fighting for justice.
But Court 4 of the Royal Courts of Justice in central
London heard yesterday that Hanratty, one of the last people to be executed
by order of a British court, was himself a victim of an injustice as gross
as his alleged crime.
The Lord Chief Justice, Lord Woolf, was told that
the 25-year-old petty thief from north London was sent to the gallows after
a trial that was "fatally flawed" by the failings of British justice and
its police.
Michael Mansfield QC, the leading civil rights lawyer,
said that the officer who led the murder inquiry, Detective Superintendent
Robert Acott, deliberately withheld evidence that would have proved the
innocence of the man who said throughout his trial that he was 250 miles
away in North Wales at the time of the killing.
In the words of his defence, Hanratty was the victim
of a fit-up exposed by the Criminal Cases Review Commission (CCRC), the
independent watchdog set up to investigate alleged miscarriages of justice,
which sent his case back to the Court of Appeal in 1999.
But this is not a straightforward miscarriage of
justice that will go uncontested by prosecutors.
If the Crown is given permission, it will present
evidence that Hanratty's DNA was found on Ms Storie's undergarments after
samples were taken from his grave during the CCRC investigation.
Forensic experts for the prosecution will say that
they believe the chances of such findings being the result of contamination,
as claimed by Hanratty's supporters, are remote.
On the other side, lawyers for Hanratty's family
believe they have uncovered 24 separate examples where police held back
statements, concealed information or used faulty procedures during their
investigation.
Mr Mansfield told the court: "The material that provided
the foundation for the conviction and led to the execution was in fact
fatally flawed ... in the sense that there was extensive and inexcusable
non-disclosure. What happened was a distortion of the trial process, which
was in large measure due to the actions of the senior police officer in
the case.
"Detective Superintendent Acott personally failed
to disclose highly relevant documentation in key areas and, in addition,
he misled the court and jury in his evidence relating to these key areas.
Finally ... he fabricated evidence relating to [Hanratty's] interviews."
In August 1961, police were under considerable pressure
to track down the A6 killer amid public outcry at the crime.
The couple were surprised by their attacker at about
9.30pm on 22 August in a cornfield near Slough. The gunman ordered them
to drive in Mr Gregsten's grey Morris Minor to the layby near Bedford,
called Deadman's Hill, where he carried out the attack.
After Hanratty's hanging, the campaign to clear his
name, led by his brother, Michael, rapidly became a cause célèbre.
John Lennon was among those who offered support.
A petition protesting against the death sentence
for murder that was put together in the wake of the case was signed by
90,000 people. The penalty was abolished in 1965.
Yesterday, it was alleged that during Hanratty's
trial, Det Supt Acott, who has since died, retained evidence in several
areas ranging from the positive identification of the confessed burglar
to his movements in the hours before the murder.
Mr Mansfield told the court: "The Crown's principal
submission in response to the ground for appeal has been that the case
against the appellant was overwhelming.
"It is submitted that the reason for the continuing
public anxiety about this case in the 40 years since conviction is that,
far from being overwhelming, the evidence against [Hanratty] was fraught
with problems."
The court heard one example was how Det Supt Acott
failed to tell the defence how Ms Storie had originally described the gunman
as having brown eyes. Ms Storie later switched to a description of "very
large, pale blue, staring, icy eyes", which prosecutors said matched Hanratty.
Lord Woolf, sitting with two other judges, was told
that Det Supt Acott also failed to disclose remarks made by Ms Storie that
her memory of the gunman's face was "fading" less than a fortnight after
the attack. Mr Mansfield told the court that this admission, made before
she identified Hanratty at an identification parade, deprived his lawyers
of vital information.
Campaigners have long alleged that Ms Storie's identification
of Hanratty as the gunman, despite only seeing him for a few seconds, was
vital in securing his conviction.
It was also alleged that when Ms Storie identified
Hanratty, from north London, by asking all participants at the parade to
repeat a phrase, "Be quiet, will you – I am just thinking," there were
no safeguards to ensure that the process was fair.
The court heard that Det Supt Acott falsely told
the trial that he had confiscated the register book from a hotel in west
London, where Hanratty stayed before the murder on 23 August.
Prosecutors relied heavily on the fact that two spent
cartridge cases from the .38 pistol used to shoot Mr Gregsten and his lover
were found in Room 24 at the Vienna Hotel where Hanratty had stayed.
It was also alleged that, along with another officer,
Det Supt Acott changed notes from an interview with Hanratty after his
arrest to include the word "kip" – a phrase used by the gunman.
The CCRC referred Hanratty's case to the Court of
Appeal in 1999 after conducting its own inquiry into the original investigation,
including his alibi.
Hanratty, a convicted burglar, maintained at his
trial that he had been at a guesthouse in the Welsh resort of Rhyl on the
night of the killings – a fact confirmed at his trial by the guesthouse
owner.
But he came up with the alibi only after changing
his previous story that he had been in nearby Liverpool, which undermined
his case.
The CCRC review led to the forensic testing of clothing
belonging to Ms Storie, which found Hanratty's DNA on her underwear. Mr
Mansfield will claim that the garments could have been contaminated over
the years with DNA from Hanratty's clothing.
The court heard that the DNA testing proved once
and for all that a second suspect, Peter Alphon, who had also stayed at
the Vienna Hotel, was not involved in the murder.
Lord Woolf will be asked later this week to allow
the Crown Prosecution Service to use the DNA evidence in its case to uphold
the conviction.
The appeal, which is expected to last for
10 days, continues.
The campaigners: pop stars,
lawyers and politicians
The campaign to rehear the case against
James Hanratty has attracted pop stars, politicians and famous barristers.
For investigative journalists, such as Paul Foot
and Bob Woffinden, reputations have been built upon the success in persuading
the Criminal Cases Review Commission to refer the evidence to the Court
of Appeal in 1999.
Others including John Lennon and Yoko Ono produced
a 40-minute documentary and even lent the Hanratty family their Rolls-Royce
to visit the scene of the crime.
Since Hanratty went to the gallows on 4 April 1962
for the A6 murder in Bedfordshire, there have been at least two television
documentaries, a play and many, many books, re-examining the evidence in
fine detail.
Politicians who have become convinced of Hanratty's
innocence include Lord Steel of Aikwood and Sir Norman Fowler, who signed
an all-party Commons motion for a public inquiry into the evidence.
But Mr Foot, who in 1971 wrote the book
Who Killed
Hanratty?, believes the impetus and inspiration behind the campaign
was sustained by Hanratty's father, also James, a former foreman dustman
at Wembley council. He died of cancer in 1978.
In 1971 the Conservative government refused to open
a public inquiry despite a petition signed by 100 MPs. Three years later
the Labour Home Secretary, Roy Jenkins, commissioned a report from Lewis
Hawser QC who sat in secret and concluded Hanratty was guilty.
But Mr Foot and Bob Woffinden refused to give up
hope. The birth of the Criminal Cases Review Commission in the Nineties
represented their best chance. It had been set up after high-profile miscarriages
of justice, including the Birmingham Six and Guildford Four. Ironically,
the main obstacle blocking a review of the Hanratty case was that he was
dead, and there was a backlog of cases involving serving prisoners to be
examined. |