8 September 2000
'Doubt' over Range Rover murders
verdict
Most miscarriages of justice take decades to come
to light. But the solicitor for the Rettendon Two - serving life for the
murder of three gangsters in a Range Rover in 1998 - is convinced they
were wrongly convicted, and is confident they will be cleared.
By BBC News Online's Chris Summers
Some time during the night of 6 - 7 December 1995
three men - all career criminals - were blown away with a shotgun as they
sat in a Range Rover parked in a remote farm track in Essex.
After a long trial at the Old Bailey, engineer Michael
Steele and mechanic Jack Whomes were convicted largely on the word of police
"supergrass" Darren Nicholls.
Nicholls was a former friend who claimed he had driven
the pair to the scene and picked them up after the killing.
The informant, who had been charged with conspiracy
to import cannabis, was later given credit for turning Queen's Evidence
and was sentenced to 15 months in jail. He walked free in lieu of time
he had served on remand.
But the families of the two convicted men, and their
solicitor, Chris Bowen, say new evidence has undermined Nicholls' credibility
and, without him, the conviction is unsafe.
Steele's case has now been referred to the Criminal
Cases Review Commission (CCRC), which has the power to refer it back to
the Court of Appeal, and an application from Whomes will be made in due
course.
Looking back at the scenes of crime photographs,
it is truly horrific to see what a double-barrelled shotgun did to the
handsome, chiselled features of drug barons Tony Tucker, Craig Rolfe and
Pat Tate. From their relaxed body language - Rolfe was still holding the
steering wheel - it is clear the killer struck with the maximum degree
of surprise.
A month after the killings an East End villain, Billy
Jasper, who had been arrested for an armed robbery, confessed to having
been the getaway driver.
'Taken out of the game'
He claimed another criminal, Jesse Gale, gave him
£5,000 to drive an accomplice, referred to for legal reasons as Mr
D, to and from Workhouse Lane in Rettendon, Essex, where he was going to
carry out a cocaine deal with the three men.
Jasper testified at the Old Bailey that he had agreed
to the plan, but had not spotted Mr D's 9mm Browning pistol and a sawn-off
shotgun when he first drove him to Workhouse Lane. He said it was only
on collecting him that he saw the weapon and realised Tate, Tucker and
Rolfe had been killed.
But Jasper did not fit in with Essex Police's line
of enquiry - 54-year-old Michael Steele was already their prime suspect
- and Jasper was never charged in connection with the murder.
Four months later, Nicholls told police he was the
real getaway driver.
In January 1998 Steele and his friend, Jack Whomes,
36, were jailed for life for the murders.
Nicholls, like Jasper, claimed he was unaware of
the true purpose of the trip until afterwards.
During the case, the trial judge, Mr Justice Hidden,
said in his summing up to the jury: "Nicholls is a convicted criminal who
was engaged in drug abuse and the importation of drugs into this country.
You must bear in mind it was in his own interest to become a prosecution
witness... he hopes to get less time to serve."
Long before the Rettendon murders Nicholls was a
police informant who worked with a handler, referred to in court as Detective
Constable A. DC A is suspended from duty pending a disciplinary hearing,
but Mr Bowen has been refused permission to attend this hearing, to find
out whether it impinges on his clients' convictions.
Earlier this year one of Nicholls' fellow "supergrasses"
on the Protected Witness Programme in Woodhill prison near Milton Keynes
came forward and spoke to the Daily Mail.
The man, known for legal reasons as Mr P, said Nicholls
told him early in 1997 that the story he was supposed to tell in court
was "a pack of lies". Nicholls asked Mr P if he should go through with
it, and he replied: "If you're telling lies you better not get caught".
Mr P said he assumed Steele and Whomes were guilty
and was not unduly bothered. "I thought there were forensics, witnesses.
I could ignore Darren's perjury because I thought it was just the cherry
on the cake. Now I realise Darren wasn't the cherry on the cake - he was
the cake," he told the Mail.
Wrong place at the right time
There is also new evidence from a mobile phone expert
which appears to undermine Nicholls' version of events.
Whomes called Nicholls at 6.44pm. Nicholls claimed
this was Whomes ringing him from Workhouse Lane to say "come and pick us
up" after the murders.
Whomes said he rang from the car park of a nearby
pub to confirm he had picked up Nicholls' broken-down car.
Mobile investigation
David Bristowe, an independent forensic scientist,
conducted a series of tests for the first time using Whomes' own mobile
phone.
Of the 20 calls made from the pub car park more than
a third connected via the Hockley transmitter, which he is known to have
used, but none from Workhouse Lane did so.
Mr Bristowe told BBC News Online: "The new
tests suggest Jack Whomes was telling the truth, and Darren Nicholls wasn't."
Timing was key to the case. The pathologist did not
provide a time of death so Essex Police based their theory about the deaths
on the fact that Tate, Tucker and Rolfe made no calls on their mobile phones
after 7pm.
Shots at midnight
But by the same reasoning Steele and Whomes could
have been dead after 7pm themselves, for their phones were not used either.
Jasper claimed the shootings took place late at night
and two independent witnesses both heard gunshots at around midnight.
The later time of death would at least go some way
towards explaining why the Range Rover was not iced over when it was found
by farmer Peter Theobald and his friend Ken Jiggins at 8am on 7 December.
Their own vehicle had been left outside all night and was completely iced
over.
What is not in doubt is that the man responsible
for the Rettendon murders must have been an expert marksman - all three
victims were gunned down in seconds.
At the trial Nicholls claimed Whomes was the "shooter",
with Steele only joining in to finish off the three men.
But Whomes' brother, John, told BBC News Online:
"Jack is frightened of guns, ever since he was hit by a clay pigeon trap
when he was a kid. My dad used to own guns but Jack never had one. He couldn't
have done this."
Mr D, on the other hand, was a former soldier and
a crack shot who won several regimental prizes.
In October 1997 Mr D's friend Jesse Gale was killed
when he collided head-on with another car on the M20 in Kent.
Gale was wanted for questioning by a number of police
forces but a friend of the family denied Gale was connected to the Rettendon
murders. She said: "He was no Kenny Noye. He was a lovable villain with
a bad temper and there is no way he had anything to do with those murders.
They're clutching at straws."
The whereabouts of Jasper and Mr D are unknown but
as Mr Bowen told BBC News Online: "It's not my job to prove who
carried out these killings. My job is simply to prove my clients did not."
'Not a shred of evidence'
Whomes' brother John told BBC News Online: "If Jack
had gone there to shoot those three men he would not take Nicholls and
Steele. He would have taken me. We did everything together."
Steele's partner, Jackie Street, told BBC News
Online there was "not a shred of evidence that supports the convictions".
Essex Police said: "The whole case was fully investigated
and the men were sentenced. If anyone has any hard evidence they should
contact us. But so far nothing has come our way which changes our views
on the conviction." |