22
July 1999
Raphael Rowe was freed as one of
the M25 Three. But his fight for justice goes on
By Nick Hopkins, crime correspondent
Raphael Rowe thought the long fight to clear his
name would end the day his convictions were quashed and he walked free
from court.
But when the moment finally came at lunchtime on
Monday - 10 years into a life sentence for a murder and robberies he insists
he did not commit - the euphoria quickly turned to anger.
In his eyes, there had been another injustice. Instead
of sympathising with Rowe and his co-defendants Michael Davis and Randolph
Johnson, the court of appeal could not have been more grudging.
The men, known as the M25 Three, were being released
only on technicalities. Lord Justice Mantell finished his judgment by saying:
"This is not a finding of innocence, far from it."
That night, Rowe and Davis met at a relative's house
to share a glass of champagne, but it was not much of a celebration. When
Rowe, 32, woke up, he was still fighting. "I know the judges were involved
in a damage limitation exercise. But what they said was diabolical.
"They didn't say I was guilty, but that's how everyone
interpreted it. I have battled every day of the last 12 years to prove
I was set up by the police, to prove I am not a murderer. It has been my
passion. I am free now, but it's as if I'm still inside. I'm still trying
to get my voice heard."
Friday, December 16, 1988 is the date which changed
his life. In the early hours, three masked men, one carrying a knife, another
a gun, surprised a gay couple, Peter Hurburgh and Alan Eley, who were making
love in a car parked in a field near Fickleshaw, Surrey.
They were beaten and robbed. The gang poured petrol
around them and someone lit a cigarette. Mr Eley passed out and when he
woke his lover was dead. He had suffered a heart attack.
Next, the three men drove to a house in Oxted, 10
miles away. They stole rings and jewellery, and stabbed a man, Timothy
Napier. At 5am, they robbed a couple living in a house in Fetcham, 20 miles
from Oxted. The victims were certain that one, possibly two, of the robbers
were white. The police were equally certain that Rowe, Davis and Johnson
- three black men - were responsible.
All had criminal records; Davis, a childhood friend
of Rowe's, pleaded guilty to a robbery committed days before the M25 offences.
Johnson, a friend of Davis, had raped a woman on the same job. Rowe had
previous convictions, one for malicious wounding.
"I've done things I regret. I was 18 in 1988, and
when you are that age you are selfish and you don't realise the impact
of what you are doing. You don't see the consequences. But murder is not
something I could ever do."
Rowe detests Johnson. "I didn't know Randolph before
all this and I don't want to know him now. We don't speak. I abhor the
fact he raped a woman. We were in the same dock, but that's it as far as
I am concerned."
He is increasingly estranged from Davis. Last Saturday
they shared a cell at Pentonville prison for the first time in 12 years.
Rowe, who was on the top bunk, woke in the middle of the night to hear
Davis screaming in his sleep.
"Michael and I have developed in different ways.
Prison affects everyone. I've seen some terrible things - fights where
men have had boiling water thrown on them in a row over a bit of tobacco
and their skin has peeled off. Some people crumble and collapse in the
system. Knowing I was innocent kept me going. Perhaps Michael and Randolph
didn't have that. They already had long sentences to serve for the other
crimes."
Rowe was convicted chiefly on the evidence of a lover,
Kate Williamson, and a man, Norman Duncan, who was living in a hostel in
Sydenham, south London, with Rowe.
Williamson had spent the evening of December 15 with
Rowe, Davis, and a group of friends. There were witnesses to say they were
in the house from late afternoon, went out to collect videos, and returned
at 12.30am.
The prosecution relied on these times being wrong.
Williamson claimed Rowe left the house and returned hours later with jewellery.
Rowe says she "told a pack of lies", probably because
she was jealous of his girlfriend, Nancy Stanley.
"We watched videos in bed, made love, had a smoke
(of marijuana), and then fell asleep. I did get up in the night, but only
to go down to Michael's room to get some more dope. Kate was out for the
count."
Williamson wrote to Rowe admitting she lied, but
later claimed she was coerced into doing it. "You can't believe both of
us. Our stories hit head on.
"I don't know what she is doing now, whether she
got married, had kids. She disappeared into the shadows after the trial.
Perhaps one day she will tell me the truth. Up until our release I hated
her for what she did to me."
Now Rowe's anger is focused on Duncan. During the
trial, he claimed Rowe asked him to steal a Spitfire car used in the first
robbery, and overheard him plotting the raids.
Rowe and his lawyers did not know Duncan was a criminal
with numerous convictions who had turned police informer.
And they did not know Duncan spent two days in the
rape suite at Reigate police station being informally interviewed about
the M25 crimes, and that he had not initially mentioned Johnson as a suspect.
Duncan was keen to talk about rewards. He was paid
£10,300 from the Daily Mail which had launched an appeal for information.
Surrey police did not disclose this at the trial
- the law did not require them to, and in 1988 there were no procedures
for informing the judge.
When Duncan gave evidence, he lied about his collusion
with officers. The court of appeal described this as "profoundly disturbing".
"It amounts to no less than a conspiracy to give perjured evidence ...
it must dent the credibility both of Duncan and the police."
Duncan, who is white, stole the Spitfire. Rowe believes
he was involved in the M25 robberies and concocted a story to get himself
off the hook. "The police did not fit me up, as much as fit me in.
"When we found out about Duncan, everything started
to make sense. The police conspired with Duncan and I now suspect they
conspired with Kate Williamson. The only people who had nothing to gain
from all this were the victims, who went through an horrific ordeal. They
said two of the robbers were white. Why weren't they heard?"
Rowe says he will keep protesting his innocence and
will seek compensation for the lost years. He does not have a career to
fall back on. He has a son, aged 12, he has never seen.
"He doesn't want to know me because he thinks I am
a murderer. That breaks my heart. I have been keeping a diary for the last
12 years. I was writing for him. I hope he will read the diary and realise
I'm not the man he thinks I am.
"I'm still working off my anger about what's happened,
but it's the final chapter. When this is over, I don't know what I am going
to do with my life."
Surrey police say they are bemused by the criticism
in the judgment, and will be seeking clarification. "The investigating
officers were forced to keep the existence and the identity of the informant
secret to protect his life. The law and procedure in place at the time
was inadequate to deal with this situation." |