John McLoughlin

Two-year probation order

Hull Daily Mail
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.''


Hull Daily Mail
17 December 1998
Legal action
against police

A man who was wrongly convicted of serious sex offences against a young boy is to sue Humberside Police for damages.

The Court of Appeal yesterday decided to take no action against the police after quashing John McLoughlin's conviction in June.
But his solicitor, Mr Paul Holland, said legal action would continue against the force.

Mr Holland said: "The Court of Appeal's statement is disappointing, particularly given the robust way in which the Judges dealt with the appeal at the time.

"However, I am now instructed by Mr McLoughlin to continue with his claim for damages against Humberside Police which, in the particular circumstances of this case, will include a claim for aggravated damages.''

At the hearing in June, the Appeal Court heard how Mr McLoughlin, 28, of Porlock Drive, Hull, was educationally subnormal and had readily agreed to suggestions put to him by the police during the investigation ten years ago.

He was interviewed without the presence of a solicitor and eventually signed a confession written for him while in police custody

He was convicted on the strength of the confession after similar charges against two co-accused were dropped because of the unreliability of witnesses.

Mr McLoughlin was given two years probation.

But the Appeal Court heard vital statements had not been disclosed to the defence at the time of his trial.

These included the full record of a police interview with Mr McLoughlin and the fact that a witness had withdrawn his allegations against him.

The missing statements were only uncovered several years after the trial by a team of officers from South Yorkshire Police who had been called in to investigate Humberside's handling of an inquiry into allegations of Satanic child sex abuse.

Mr Holland said: "The crucial description used in the Appeal Court argument was that John McLoughlin was ‘vulnerable'.

"It is the duty of the law to protect vulnerable members of our society. In that respect, the law failed him.''

Assistant Chief Constable (Operations) Gordon Clark said: "Humberside Police have noted the comments of the Court of Appeal.

"We have fully co-operated with the court in providing additional information. The appeal process is now finished and we consider the matter is now closed.''


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