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30 March 1997 on murder conviction By Julia Llewellyn Smith A man convicted of murdering a teenage girl in a nightclub will apply for his case to be reopened after the revelation that police failed to disclose important evidence to his defence team. Stephen Craven, 28, has served seven years of a life sentence for killing Penny Laing, 19, on Christmas Eve, 1989. Miss Laing, a shop assistant, was stabbed in the neck with a broken beer glass in the Studio, a nightclub in Newcastle. Miss Laing, described as "a happy, friendly, effervescent girl", was walking across the dance floor when a man made an offensive remark. She slapped his face. He responded by striking her with a glass which shattered on impact with her neck. The man was attacked by Miss Laing's boyfriend, but in the confusion her assailant slipped out of the club. Craven, an unemployed glazier, who was among the 1,500 people in the club, later went to casualty to have a finger wound stitched. The next morning he flew to New York, attracting suspicion. When he returned three days later, he was arrested. On Tuesday, the BBC programme Rough Justice will say that Northumbria police failed to disclose evidence that could have prevented his conviction. During the initial murder inquiry the glass that killed Miss Laing was fingerprinted and found to carry one not belonging to Craven. By this time, however, Craven had already been arrested and the police did not request that the print be investigated further. This evidence was not disclosed to Craven's lawyers. Last week Craven's solicitor, Nigel Barnes, who discovered the fingerprint in the course of investigations, said: "The fingerprint on the glass and the extent of the fingerprint inquiry should have been disclosed at the time of Stephen's trial. If it had been, there's a real possibility that the jury might have taken a different view of the evidence." He said other evidence, some of which has since been destroyed, including blood-stained clothes found in the club, were not made available to the defence. The revelation comes the week before the introduction of the new Criminal Procedure and Investigation Act, which gives police and prosecution lawyers considerable discretion over what is disclosed to the defence. Failure to disclose evidence that could benefit the defence was the main factor behind many miscarriages of justices, including the Birmingham Six, Guildford Four and Bridgewater Three cases. "When the police discovered Craven had gone to America they focused their investigations on him and it appears that other lines of inquiry were not pursued," said Mr Barnes. At Craven's trial, the defence focused on eye-witness reports of the murder describing Miss Laing's killer as being 5ft 3in to 5ft 9in, of medium build with a full head of short, dark, hair shaven at the sides. He left the club with two blonde women. Craven is 5ft 1in, with balding curly ginger hair and left the club with one dark woman. No identity parade of suspects was held. On Tuesday Mr Craven's case will go before the new Criminal Cases Review Commission which will decide whether to refer it back to the Court of Appeal. Rough Justice has interviewed witnesses who recall his behaviour in the nightclub as relaxed and sober. It also talks to Craven's father, George, an international printing consultant who has campaigned vociferously for his son's release. He said that he had urged his son to flee to America, because his son's girlfriend was accusing him of the murder. "He wouldn't have gone if I hadn't told him." When Craven was arrested, Newcastle magistrates ruled that there was insufficient evidence for a trial. However, the Crown Prosecution Service took the unusual step of reactivating the charge by issuing a Voluntary Bill of Indictment which bypasses the magisterial system. An appeal in 1993 was rejected. In Tyneside, the case is a cause célèbre. Many suspect a local drug dealer. The MP for Newcastle East, Nick Brown, said: "The fact that the original witness descriptions do not match the description of Craven and the failure to hold an identity parade has convinced me that there is more than enough reasonable doubt about Stephen to make his conviction unsafe. This new piece of evidence makes me even more worried." |
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