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13 June 1999 Shame of force that decided it was above the law It has been responsible for some of the worst miscarriages of justice and faces the embarrassment of two more cases going back to the appeal courts within months. With some justification, lawyers and civil rights campaigners will this week accuse South Wales police of corruption and incompetence on a massive scale. Greg Swift investigates the force with a reputation in tatters The Darvell brothers, the Cardiff Three, Jonathan Jones, the Merthyr Two - their names are a litany of shame that will haunt South Wales police for ever. They are among the worst miscarriages of justice ever witnessed by the British legal system and are likely to be joined later this year by two more - the Newsagent Three and Patrick McCann. The cases, all fundamentally flawed murder investigations, provide shocking and powerful evidence that South Wales CID has been plagued by a core of officers operating beyond the boundaries of the law they were employed to embody. An investigation by the Sunday Express has discovered that no fewer than 16 officers worked on three or more cases involving proven miscarriages of justice, potential miscarriages or inquiries later thrown out of court because of questionable methods used to obtain evidence. Many of those officers are still working today. One, Detective Chief Inspector Stuart Lewis, now retired, was involved in eight cases where the police's handling of the inquiry has been, or will be, questioned. He is currently being investigated by the Police Complaints Authority. The details of all the cases are harrowing - linked by common threads of verbal and physical bullying of vulnerable suspects and witnesses, falsely obtained confessions, non-disclosure of vital evidence and the loss or falsification of key notebooks and records. Later this year, the Court of Appeal will hear the case of Patrick McCann - only recently referred back to the courts by the Criminal Cases Review Commission. It was an unusual move as the 43-year-old has already finished his 10-year sentence imposed in 1990 for the manslaughter of Richard Holdsworth. There was no forensic evidence linking him to the murder scene, and of the 167 items tested, none were connected to him. The fingerprints of his sisters, Susan and Bridget, however, were found in the flat and they were known to have spent money stolen from the victim. Amazingly, they were allowed to accuse their brother of killing Holdsworth by suffocating him with a pillow. What the jury, and the defence, did not know was that Bridget McCann was slowly dying from alcoholism. When her condition threatened their ability to put her on the stand, two CID officers placed her in a clinic for treatment. Withheld evidence now suggests she suffered from a condition called Korsakoff's Psychosis, an illness in which alcoholics not only suffer memory gaps but fill those gaps with invented memories. Against this, transcripts of interviews showing police officers deliberately leading her are telling. The case of the Newsagent Three is perhaps more alarming. Michael O'Brien, his brother-in-law Ellis Sherwood and Darren Hall were jailed in 1988 for the murder and robbery of Cardiff newsagent Philip Saunders, despite the absence of evidence linking them to the brutal crime. After 11 years in jail, the men were released on bail late last year pending an appeal after the CCRC outlined a number of inconsistencies. The Commission reached its conclusion after reading a report compiled by the Thames Valley Force, called in to investigate South Wales police's handling of the inquiry. The report, a copy of which has been obtained by The Sunday Express, is scathing of the flagrant breaches of police practice. The report shows how Darren Hall, an emotionally vulnerable teenager, was handcuffed to a radiator and bullied until confessing that he, Sherwood and O'Brien were guilty of the murder. It highlights how they were denied legal assistance for days and how they would often go "missing" for hours from the station's custody records - plainly indicating they were subjected to lengthy off-the-record interviews. It says that in the course of the inquiry, access to vital notebooks and contemporaneous records of interviews was denied because they had either been destroyed or lost. Most damningly, the report highlights how the then Det Insp Lewis noted down an allegedly overheard cell confession between Sherwood and O'Brien on the back of an expenses form. The report then highlights other cases involving Stuart Lewis, where prosecutions failed or were overturned at appeal because of questionable evidence, including non-verified cell confessions. The Newsagent Three note was not disclosed to the defence and not produced as evidence until halfway through the trial. Efforts to trace the note have so far failed. The report says: "This was a substantial piece of the prosecution case and in any estimation must be seen as a vulnerable piece of evidence. "There are serious concerns about the way in which this evidence, in the form of the original note of the conversation, was dealt with, and concern that it has unaccountably disappeared." Yet until recently, South Wales police denied it had a problem in its ranks. The public were repeatedly assured of the integrity of the Force's officers amid claims that convictions were overturned on appeal for varied reasons. This month, however, it took a significant step towards acknowledging the errors that had condemned innocent people to years behind bars by setting up a special team to review past and current murder inquiries. Assistant Chief Constable Tony Rogers, employed two years ago to restore the reputation of the South Wales force, insists public faith can be restored. He said: "We are aware of the allegations being made against us but I have absolute faith in my officers to prove that we are a force in which the public can have faith." That he is pursuing his lofty ideal with integrity is not in doubt, but last week's Inspectorate of Constabulary report makes grim reading. It shows that last year South Wales had 10 officers suspended - including four for alleged offences of dishonesty, perjury and deception. Two were convicted of criminal offences and one retired while under investigation. Against this backdrop, three leading defence lawyers and a civil rights campaigner will meet Mr Rogers later this week to voice their concerns. Lawyers Stuart Hutton, David Evans and Bernard de Maid have been involved in many of the region's worst cases. Mr Hutton described the Newsagent Three case as one of the worst miscarriages of justice he had ever encountered. Mr de Maid said: "There has been, over the years, a corrupt clique of South Wales police officers who have been responsible for various miscarriages of justice. Most of these officers came from one station." Civil rights campaigner Satish Sekar said: "There has been a methodology that far too often leads police up the wrong track. They seem to decide who is guilty and then seek evidence to fit that scenario instead of allowing the evidence to lead them to the guilty." |
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