6 June 1998
Judge
slams rough justice
By
Angus Young, news reporter
An Appeal Court judge
has ordered Chief Constable Tony Leonard to explain the role of Humberside
Police in a ''deplorable'' conviction which has now been overturned.
John McLoughlin (28),
formerly of Porlock Drive, Hull, was convicted ten years ago of sexual
offences against a young boy.
But the convictions
were quashed yesterday after senior appeal judge Lord Justice Buxton said
an investigation by South Yorkshire Police into the initial Humberside
inquiry had revealed the convictions were ''wholly and completely wrong.''
He said the South
Yorkshire probe had brought a very serious miscarriage of justice to light.
The Appeal Court
heard the alleged victim - who had claimed he was sexually abused by a
ring of sex offenders - had admitted during the four-year South Yorkhire
inquiry that his allegations were untrue.
Sitting with two
other judges, Lord Justice Buxton called the case ''deplorable'' and said
the court was not going to let the matter rest.
In an unusual move,
he adjourned the case until the Director of Public Prosecutions could account
for the failure to explain the non-disclosure of vital statements to the
defence.
The court was told
the South Yorkshire inquiry had revealed a substantial number of documents
proving Mr McLoughlin's innocence had not been disclosed to the defence.
The judge also ordered
Mr Leonard to advise the court on whether any disciplinary action had been
taken against officers involved in the original investigation.
He set a 28-day time
limit for both reports. The court heard that Mr McLoughlin, who was described
as educationally sub-normal and susceptible, was interviewed on occasions
by police without the presence of a solicitor.
Lord Justice Buxton
said he had a high degree of suggestibility and had readily agreed to the
suggestions put to him by the police.
He was convicted
at York Crown Court in 1988 and given a two-year probation order. Yesterday
the convictions were quashed and the sentence set aside.
Lord Justice Buxton
added: ''It is clear that Mr McLoughlin is innocent of these charges.''
His solicitor, Mr
Paul Holland, said: ''John McLoughlin was vulnerable. The law failed him.
A grave injustice has been done and the consequences of branding him a
Category 1 offender could have destroyed the family life the vulnerable
so desperately need.''
A police spokeswoman
said: ''Humberside Police are aware of this appeal and are awaiting the
full contents of the judge's comments. We will be co-operating with any
requests made by the court.'' |