23 January 2004
Earprint landed innocent
man in jail for murder
'Grotesque miscarriage of
justice' resolved after seven years
By Bob Woffinden
A man who spent seven years in prison after
being convicted of murder on the strength of an earprint walked free from
the Old Bailey yesterday after the charges against him were formally dropped.
For the second time this week, scientific
evidence given at trial was exposed as fundamentally flawed. As in the
cases of the bereaved parents whose children suffered cot deaths, the misleading
expert evidence led to a life sentence for an innocent person.
The prosecution offered no evidence yesterday
against Mark Dallagher, 31, who was originally convicted at Leeds crown
court in 1998 of the murder of 94-year-old Dorothy Wood in Huddersfield.
Mr Dallagher, who will seek compensation
for wrongful imprisonment, was convicted primarily on the basis of earprints
found on the glass of the window through which the intruder had entered
the house. The prosecution expert, Cornelis Van Der Lugt, told the court
he was "absolutely convinced" that the prints were those of Mr Dallagher's
ears.
The case made legal history as the first
in which earprints led to a successful prosecution. Norman Sarsfield, of
the Wakefield crown prosecution service, described it as "a great step
forward for forensic science".
However, Mr Dallagher, who maintained that
he was handicapped by an ankle injury at the time of the murder, had protested
his innocence from the outset.
He appealed against his conviction in July
2002 and a retrial began in June 2003. After 10 days, the trial was abandoned
and Dallagher was freed on bail while crown lawyers further reviewed the
case. Yesterday, they threw in the towel. A DNA profile obtained from the
earprint proved that it was not Dallagher's.
James Sturman QC, counsel for Dallagher,
told the court that the original conviction "was a grotesque miscarriage
of justice". Judge Sir Stephen Mitchell formally found Mr Dallagher not
guilty and told him, "This most unfortunate saga at long last comes to
an end."
It is believed that the new DNA evidence
obtained by West Yorkshire police implicates a different suspect.
Mr Dallagher told the Guardian: "I've waited
seven years for this day. I've spent six of those years in prison, protesting
my innocence to deaf ears. This last nine months has been a terrible ordeal
- all as a result of the prosecution's reliance on now-discredited expert
evidence.
"The police should now properly investigate
the murder of Dorothy Wood so that her family can finally have justice".
Ms Wood, a retired health visitor who was
profoundly deaf, was found dead in bed at her home in Whitby Avenue, Fartown,
Huddersfield, on May 7, 1996. She had been smothered by a pillow and was
presumed to have been murdered by a burglar who gained access through a
transom window above her bed. Because of a heart condition, Ms Wood slept
downstairs.
Forensic examination revealed earprints
on the glass immediately below the window. West Yorkshire police sent these
to Mr Van Der Lugt, a Dutch policeman. For more than a decade, he had taken
a close interest in earprint identification and come to believe that each
person's earprints were unique. He had no formal forensic science qualifications.
Last night, West Yorkshire police and the
Crown Prosecution Service issued a joint statement pointing out that when
the re-trial was ordered, "the court of appeal made no criticism of the
way in which the crown had presented its case at the first trial."
During the new inquiry, the statement went
on, "further scientific work has been undertaken using techniques not available
in 1996, which had affected the way in which the earprint evidence, in
isolation, could be viewed". |