16 July 1999
Appeal judges free vagrant jailed
for double murder
A woman jailed for life 10 years ago for a double
murder was freed today by the Court of Appeal. Three judges in London ruled
that the convictions of alcoholic vagrant Mary Druhan, now in her 50s,
were "unsafe".
Several people in the courtroom wept as Lord Bingham,
the Lord Chief Justice, sitting with Mr Justice Alliott and Mrs Justice
Steel announced the decision.
Druhan had appealed against her conviction at Reading
Crown Court in June 1989 for murdering Richard Duddie and Kenneth Challenger,
who died in a fire at a squat in Kingston-upon-Thames, Surrey.
She consistently denied being present at the house.
Druhan's first appeal failed in 1990.
Her case featured in a Trial and Error television
investigation six years ago and was referred back to the Court of Appeal
by the Criminal Cases Review Commission, which inquires into possible miscarriages
of justice. As she emerged from the cells to be greeted by tearful members
of her family, Druhan said: "I'm free. I'm free. I'm free."
Asked how she felt, she said:"I don't feel anything.
I feel numb. I would like a nice cup of tea and a Cornetto. It was hot
in there. The worst thing was when I first went to Holloway. It was very
frightening."
She thanked her family for their support, and her
counsel Helena Kennedy QC. Questioned about her plans for the future she
said: "I have not given it much thought."
Her solicitor, Kate Akester, said outside court:
"We will be putting in an application for compensation as quickly as possible,
given that the appeal was allowed on information not disclosed about one
of the main prosecution witnesses." Lord Bingham said that on the evidence
as it now stood, the trial jury would have been bound to conclude that
however strong the grounds for suspicion, "proof was lacking".
Druhan, who had been sentenced to two terms of life
imprisonment to run concurrently, sat in the dock today dressed in a smart
blouse and jacket to hear the court's decision.
During the earlier appeal hearing the court heard
that she was convicted partly on the "inconsistent" evidence of fellow
vagrants living in an alcoholic "nether world". There was no scientific
evidence against her.
Lady Kennedy said that two witnesses who pointed
the finger at Druhan as the person responsible for starting the fire, were,
like her, part of a vagrant community whose members were known for their
volatile and unpredictable behaviour.
She referred to the "slippery" quality of the evidence
given by people with fragile and dysfunctional personalities. Their consciousness
of time is wholly unreliable. Days melt into days and a sense of real time
doesn't exist for them," she said.
Lady Kennedy said that Druhan's accusers, Robert
Smith and a man called Neary, had given markedly different accounts of
what happened. Neary was now dead. Smith, whose whereabouts were unknown,
had subsequently been linked to two other fires at derelict houses, in
one of which a woman died.
Lady Kennedy called fresh evidence during the appeal
about the past character of a third witness whose testimony was relied
on by the Crown at trial.
Lord Bingham said today that the evidence of this
third prosecution witness, although given in good faith and without malice,
was "seriously exaggerated". His evidence concerned Druhan's behaviour
during a drunken scene at a pub before the fire. Lord Bingham said his
accounts of what transpired "were by no means consistent".
There was also a failure to disclose the details
of this particular man's criminal record for forgery and shoplifting, and
his background involving drug addiction, which Lord Bingham said had deprived
the defence of an "important opportunity to undermine his credibility as
a witness".
Lord Bingham said that by an "unfortunate oversight"
this witness's criminal record was not disclosed in the lists of convictions
supplied to counsel for the Crown at trial "and not disclosed at all to
the defence". Had that been done the man's drug addiction and treatment
would have come to light.
Members of Druhan's family said after the ruling
that they were "delighted and in a state of shock". Druhan had come to
England from Ireland to work as a nurse in a private hospital when she
was a young woman. However, after her husband died, she had turned to drink
and mixed mainly with fellow drinkers, living rough or in squats. Evidence
over the sequence of events on the night of the fire were disputed, but
she was convicted on June 12, 1989.
Trial and Error featured her story, pointing
to what it suggested were many discrepancies in the case against her and
staging a reconstruction of the alleged murder.
Lord Bingham said today that the prosecution case
as it emerged at her trial had certain strengths, but had faced what the
Court of Appeal had found were 17 "inherent problems".
Razia Karim, legal officer of Justice, the legal
reform pressure group which has been working on Druhan's case for seven
years, said later: "Justice is delighted by the court's judgment; it is
a great day for Mary and her family. However, Mary Druhan's case, like
so many cases before it, underlines how non-disclosure of evidence is one
of the key causes of miscarriages of justice. Given that the new regime
in the Criminal Investigations Procedure Act 1996 makes disclosure even
less likely, the number of miscarriages of justice cases is set to increase."
David Jessel, presenter of Trial and Error,which
featured Druhan in its first programme in 1993, said the evidence against
her was so unreliable she should "not even have been brought to trial". |