The Cardiff Newsagent Three were three men wrongly convicted of the 1987 murder of Cardiff newsagent Phillip Saunders, who was attacked with a shovel in the back yard of his Cardiff home and later died in hospital. [1] Michael O'Brien, Darren Hall and Ellis Sherwood were arrested and spent 11 years in prison before being released.
Their conviction in 1988 was largely based on a confession made by Darren Hall that he had acted as a lookout for the others for a "robbery that went wrong." [1] In 1999, the Criminal Cases Review Commission ordered an appeal, during which the unreliability of Hall's "confession" was emphasised, on the basis that he was suffering from antisocial personality disorder at the time the statement was made, and had since retracted it. [1] The conduct of South Wales Police was also questioned, particularly with regard to their interrogations of the suspects. [1]
On Friday, 17 December 1999, the Court of Appeal quashed their convictions. [1] Upon their release, Michael O'Brien and Darren Hall announced that they would be taking legal action against South Wales Police, and also called for an inquiry into the police's investigations, pointing to other cases that had recently been overturned on appeal. [1] At this point, O'Brien stated, "The only way this is going to come out is to have a full, open public inquiry. If it takes me another 10 years I am going to do it. I am going to become South Wales Police's worst nightmare." [1] In 2001, O'Brien announced that he would be suing South Wales Police. Later that year the Police Complaints Authority stated that no action would be taken against any officers involved in the murder investigation. [2]
O'Brien pursued a civil case against South Wales Police alleging malicious prosecution and misfeasance in public office by police officers involved in the case. As a result, in October 2006, O'Brien and Sherwood were given out-of-court settlements of £300,000 and £200,000 respectively by South Wales Police. [2] At the time, these were the biggest out-of-court settlements ever given by an English or Welsh police force. [2] Despite this, O'Brien continued to call for a public inquiry, expressing disappointment at the lack of admission of liability on the part of the police force. [2]
O'Brien has also supported Jeremy Bamber, whom he met in prison and is convinced is another victim of a miscarriage of justice. [3]
The Stephen Downing case involved the conviction and imprisonment in 1974 of a 17-year-old council worker, Stephen Downing, for the murder of a 32-year-old legal secretary, Wendy Sewell, in the town of Bakewell in the Peak District in Derbyshire. Following a campaign by a local newspaper led by Don Hale, in which Sewell was purported to be promiscuous and dubbed "The Bakewell Tart", his conviction was overturned in 2002 after he had served 27 years in prison. The case is thought to be the longest miscarriage of justice in British legal history, and attracted worldwide media attention.
David Milgaard was a Canadian man who was wrongfully convicted for the 1969 rape and murder of nursing student Gail Miller in Saskatoon and imprisoned for 23 years. He was eventually released and exonerated. Up until his death, he lived in Alberta and was employed as a community support worker. Milgaard was also a public speaker who advocated for the wrongfully convicted and for all prisoners' rights.
Timothy John Evans was a Welshman who was wrongly accused of murdering his wife (Beryl) and infant daughter (Geraldine) at their residence in Notting Hill, London. In January 1950, Evans was tried, and was convicted of the murder of his daughter; he was executed by hanging on 9 March of the same year.
A miscarriage of justice occurs when a grossly unfair outcome occurs in a criminal or civil proceeding, such as the conviction and punishment of a person for a crime they did not commit. Miscarriages are also known as wrongful convictions. Innocent people have sometimes ended up in prison for years before their conviction has eventually been overturned. They may be exonerated if new evidence comes to light or it is determined that the police or prosecutor committed some kind of misconduct at the original trial. In some jurisdictions this leads to the payment of compensation.
The West Midlands Serious Crime Squad was a police unit in the English West Midlands which operated from 1974 to 1989. It was disbanded after an investigation into allegations of incompetence and abuse of power on the part of some of the squad's members. Some of this misconduct resulted in wrongful convictions, including the high-profile case of the Birmingham Six. The sister Regional Crime Squad based at Bilston was responsible for the investigation of the Bridgewater Four.
South Wales Police is one of the four territorial police forces in Wales. It is headquartered in Bridgend.
David Harold Eastman is a former public servant from Canberra, Australia. In 1995, he was wrongfully convicted of the murder of Australian Federal Police Assistant Commissioner Colin Winchester and was sentenced to life imprisonment without parole. A 2014 judicial inquiry recommended the sentence be quashed and he should be pardoned. On 22 August of the same year, the Supreme Court of the Australian Capital Territory quashed the conviction, released Eastman from prison, and ordered a retrial.
Wrongful execution is a miscarriage of justice occurring when an innocent person is put to death by capital punishment. Cases of wrongful execution are cited as an argument by opponents of capital punishment, while proponents say that the argument of innocence concerns the credibility of the justice system as a whole and does not solely undermine the use of the death penalty.
Fritz Yngvar Moen was a Norwegian man wrongfully convicted of two distinct murders, serving a total of 18 years in prison. After the convictions were quashed, an official inquiry was instigated to establish what had gone wrong in the authorities' handling of the case, and on 25 June 2007 the commission delivered harsh criticism to the police, the prosecution and the courts in what was immediately termed Norway's worst miscarriage of justice of all time.
The Norfolk Four are four former United States Navy sailors: Joseph J. Dick Jr., Derek Tice, Danial Williams, and Eric C. Wilson, who were wrongfully convicted of the 1997 rape and murder of Michelle Moore-Bosko while they were stationed at Naval Station Norfolk. They each declared that they had made false confessions, and their convictions are considered highly controversial. A fifth man, Omar Ballard, confessed and pleaded guilty to the crime in 2000, insisting that he had acted alone. He had been in prison since 1998 because of violent attacks on two other women in 1997. He was the only one of the suspects whose DNA matched that collected at the crime scene, and whose confession was consistent with other forensic evidence.
Rough Justice is a British television programme that was broadcast on BBC and which investigated alleged miscarriages of justice. It was broadcast between 1982 and 2007, and played a role in overturning the convictions of 18 people involved in 13 separate cases where miscarriages of justice had occurred. The programme was similar in aim and approach to The Court of Last Resort, the NBC programme that aired in the United States from 1957–58. It is credited with contributing to the establishment of the Criminal Cases Review Commission in 1997.
Lynette Deborah White was murdered on 14 February 1988 in Cardiff, Wales. South Wales Police issued a photofit image of a bloodstained, white male seen in the vicinity at the time of the murder but were unable to trace the man. In November 1988, the police charged five black and mixed-race men with White's murder, although none of the scientific evidence discovered at the crime scene could be linked to them. In November 1990, following what was then the longest murder trial in British history, three of the men were found guilty and sentenced to life imprisonment.
Andrew Evans is an English soldier from Longton, Staffordshire who was wrongfully convicted and served 25 years in jail after confessing to the 1972 murder of Judith Roberts, a 14-year-old schoolgirl from a village close to the northern outskirts of nearby Tamworth. Evans was stationed at Whittington Barracks near Lichfield – an army base in close proximity to Tamworth – when Judith was dragged from her bicycle and battered to death in June 1972. He later confessed to the crime after seeing the girl's face in a dream.
Satish C. Sekar is a British author and journalist, and a consultant in forensic evidence. Sekar has specialised since the 1990s in the investigation of miscarriages of justice. His work has been published in newspapers including The Guardian, The Independent and Private Eye, and he has also worked for television documentaries including Panorama and Trial and Error. He has worked on a number of high-profile cases in the UK, including those of the Cardiff Newsagent Three, Gary Mills and Tony Poole, the M25 Three, and Michelle and Lisa Taylor. He also worked on the case of the Merthyr Tydfil Two, presenting scientific findings to South Wales Police regarding the fire that resulted in the police's expert accepting his conclusions that the petrol bought by Hewins that night was not the petrol used in the fatal fire. In 1992, his work helped overturn the convictions of the Cardiff Three and while researching a book about the case, Fitted In: The Cardiff 3 and the Lynette White Inquiry, he uncovered errors in the original evaluation of forensic evidence from the crime scene. His submissions to the Home Office about the DNA evidence were instrumental in reopening the case and the eventual extraction of a DNA profile which led to the arrest and conviction of the real killer, Jeffrey Gafoor, in 2003. The Australian and New Zealand Journal of Criminology said that Sekar's "extraordinary work on the case of the Cardiff 3 [put] academic criminology to shame."
Teina Pora is a New Zealander who was wrongfully convicted of murdering Susan Burdett when he was aged 17; he served time in Paremoremo prison from 1994 for the crime, until he received parole in 2014.
O'Brien v Chief Constable of South Wales Police [2005] UKHL 26 was an English evidence law decision of the House of Lords which held that evidence of previous bad behaviour, known as similar fact evidence, may be admitted in civil case proceedings if it is probative of a relevant matter.
Robert Brown is a Scottish man who spent 25 years in jail for a crime he did not commit. In January 1977, Annie Walsh was beaten to death in her home in Manchester, England and Brown was first interrogated and beaten by the police officers investigating this crime. Under duress, Brown signed a confession and was found guilty at trial. He maintained his innocence throughout his prison sentence even going so far as denying himself parole by not admitting to the crime. He was released on appeal in 2002 and is thought to be one of the longest serving victims of a miscarriage of justice in the United Kingdom.
Alan Hall was convicted of murdering 52 year old Arthur Easton in 1985 in what has been described as one of New Zealand's worst miscarriages of justice.
Simon Hall was a British murderer who is notable for having been wrongly helped by 'miscarriage of justice' campaigners, only for him to go on to confess to the murder he was convicted of and prove he was rightly convicted. Hall stabbed 79-year-old pensioner Joan Albert to death in her home in Capel St Mary, Suffolk in 2001, and was convicted of her murder two years later. Subsequently, the high-profile miscarriage of justice programme Rough Justice, then produced by well-known activist Louise Shorter, took up his case and aired a programme campaigning for him. Several MPs, Bristol University's 'Innocence Project' campaign group, his mother and girlfriend were also deceived into campaigning for him, and the Criminal Cases Review Commission referred his case to the Court of Appeal in 2009. However, the appeal court dismissed the appeal and he subsequently confessed his crime to prison authorities in 2013, before committing suicide in prison in 2014. His case was said to have gravely undermined the claims of many prisoners who claim their innocence and embarrassed miscarriage of justice activists, having proved that they had campaigned for a guilty man.