21 January 2000
Hope of 'justice' after 26
years
A man convicted of killing a gangland leader 26 years
ago has finally won a hearing into whether he suffered a miscarriage of
justice.
Paul Cleeland has been granted a hearing before the
Criminal Cases Review Commission, in what has become one of the longest
alleged "miscarriage of justice" cases in English legal history.
Cleeland, a 58-year-old cab driver, has been fighting
to prove his innocence since 1973, when he was jailed for life for killing
gangster Terry Clarke with a shotgun.
The commission, set up in 1997 after a series of
high-profile miscarriages of justice, refused in October 1998 to refer
the case back to the Court of Appeal.
But at the High Court in London on Friday, following
a judicial review of its decision, it formally agreed to its refusal being
quashed, and to hold such a hearing.
'Let's start again'
No reasons were given, but Alison Foster, appearing
for the commission, told two judges Cleeland was now being told: "Have
a new hearing - let's start again."
Cleeland, released in September 1998 after serving
25 years of his life sentence, said outside the court: "After an investigation
lasting two-and-a-half years they have walked into court and said they
were wrong. What can you say? They are always on about public money but
they cannot even get their act together."
Cleeland has consistently argued he was the victim
of a "cover-up", and says evidence that the shotgun said to be the murder
weapon was faulty was kept from the jury.
Tortuous saga
Clarke was blasted twice with a shotgun as he got
out of his car after returning from a Hertfordshire bar on Guy Fawkes night
in 1972.
Within three hours detectives called on Cleeland,
a friend of Clarke's, at his Stevenage home. He was charged with murder,
but the jury at his first trial in April 1973 were unable to reach a verdict.
A retrial followed later that year, and Cleeland
was convicted and sentenced to life imprisonment.
His appeal to the Court of Appeal was dismissed in
1976.
Cleeland represented himself at both his trial and
retrial, and has largely continued to fight a lone battle - often "sacking"
his lawyers during appeals and judicial review challenges.
Shotgun issue
A central part of the prosecution case against Cleeland
at both trials was that a shotgun found close to the murder scene was the
murder weapon.
At the trial, prosecutors relied on evidence from
Scotland Yard firearms expert John McCafferty that the weapon was "in good
working order".
But Cleeland says neither he nor the jury was ever
shown vital evidence that the gun was defective.
Four days after the murder, detectives had taken
the gun to Hemel Hempstead gunsmith Kenneth Duglaw, who said both its hammers
must be cocked ready to be released when the trigger was pulled.
On the alleged murder weapon, the right-hand hammer
could not be cocked properly, Cleeland has argued. |