13 July 2000
Corrupt police framed
three for robbery
By Nick Hopkins, crime correspondent
Ten year jail sentences quashed by
court of appeal after allegations that crucial evidence was planted by
flying squad officers
Three men who were serving 10 years for armed robbery
had their convictions quashed at the court of appeal yesterday following
allegations that corrupt Scotland Yard detectives planted crucial evidence
and bragged they "stitched up guys like you all day long."
Michael Brown, 27, Anthony Taylor, 29 and Kevin Martin,
30, repeatedly denied raiding a jeweller's shop in Edmonton, north London,
and stealing gems worth £6,000 after immobilising the owner with
a stun gun.
They were convicted in July 1995 after a jury heard
that officers from the flying squad found a stun gun in Mr Martin's London
flat, and had matched his palm print to one found on the glass counter
of the shop.
The case against the three men began to crumble two
years ago when a police complaints inquiry into the flying squad uncovered
a web of corruption.
Two officers who were instrumental in the jewellery
shop investigation, detective constables Terry McGuinness and Kevin Garner,
have since been convicted of a series of offences, including aggravated
burglary and conspiracy to steal 80kg of cannabis.
McGuinness was jailed for nine years. Garner is awaiting
sentence.
The court of appeal heard Garner was the officer
who claimed to have found the stun gun in Mr Martin's flat. McGuinness
was also there during the search, which took place nine months after the
robbery.
Three other officers involved in the investigation
are awaiting trial on corruption charges and cannot be named for legal
reasons.
When Mr Martin was arrested, he insisted officers
had planted the stun gun under a cushion on his sofa. Mr Martin said one
of the officers turned to him and boasted he "had stitched up guys like
you all day long."
Quashing the convictions, Lord Justice Henry, Mrs
Justice Bracewell and Mr Justice Richards, said: "It would be curious if
so incriminating an item were to be found so ill concealed by a surprise
raid nine months after the alleged use of that weapon."
They noted there was no forensic evidence linking
the stun gun to the one used in the robbery.
"In the light of what is now known, the crown prosecution
service accepts that the evidence given at the trial, of the search for
and discovery of the gun cannot be relied on," their judgment said.
The justices also referred to the "surprising" way
detectives managed to match Mr Martin's palm print to one found on the
glass counter seven months after the robbery, even though Mr Martin, who
lives in south London, had been a suspect for more than six months and
his prints were already on police files.
McGuinness, 42, is also alleged to have shown photographs
of Mr Taylor, who lives in Hackney, north London, to a witness shortly
before an identity parade in April, 1994.
The defendants had a first appeal dismissed in June
1996. But their case was referred back to justices in October last year
by the criminal cases review commission following revelations about widespread
corruption in the flying squad uncovered in a secret Scotland Yard investigation,
codenamed Operation Spain.
McGuinness confessed to a series of charges after
a "sting" set up by the Met's anti-corruption branch, CIB3, in December
1997.
CIB officers planted 80 bars of cannabis inside a
bathroom cabinet in an east London flat.
After leaking information about the whereabouts of
the haul, McGuinness and Garner were filmed stealing the drugs and were
arrested. Both men became supergrasses. |