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Old 02-12-11, 09:16 AM
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Default Largest ever trial of police officers collapses

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The biggest trial of police officers in British legal history has collapsed after a judge ruled they could not receive a fair hearing.

Eight former police officers and two civilians had been accused of fabricating evidence leading to the wrongful imprisonment of the "Cardiff Three", who were jailed for the murder of Lynette White, who had worked as a prostitute in the docks area.

Mr Justice Sweeney discharged the jury at Swansea crown court and formally recorded not guilty verdicts.

He told the jury: "When a trial has become irredeemably unfair it must stop." Sweeney said there had been a "number of problems in relation to the conduct of the prosecution" and its "duty of disclosure".

The director of public prosecutions, Keir Starmer, had supported the decision and backed a full review into the circumstances leading up to the collapse, the court was told.

The Crown Prosecution Service said Starmer was "extremely concerned" about the collapse of proceedings.

The investigation into the former police officers and trial, which began in July, has cost millions of pounds.

White was stabbed more than 50 times at the flat where she worked in 1988. Stephen Miller, Yusef Abdullahi and Tony Paris were convicted of her murder in 1990. Their convictions were quashed two years later and they were released. In 2003 Jeffrey Gafoor, a client of White's, admitted murdering her and is serving life.

During this year's trial the eight former officers were accused of "acting corruptly together" to make a case against the Cardiff Three. The prosecution claimed the accusations were "largely the product of the imagination and then the theories and beliefs of police officers".

During the trial Gafoor was brought from prison to confirm that he had acted alone when he killed White. Stephen Miller, White's boyfriend, told of the nightmare he had endured after being accused of the murder.

The former police officers, Graham Mouncher, Richard Powell, Thomas Page, Michael Daniels, Paul Jennings, Paul Stephen, Peter Greenwood and John Seaford, had all denied conspiring to pervert the course of justice.

Mouncher also denied two charges of lying while on oath during the trials of the five men. Civilians Violet Perriam and Ian Massey, were each cleared of two charges of perjury. They had been accused of telling "clear and deliberate lies".

Tony Paris, one of the Cardiff Three, said a lot of people would feel let down by the collapse of the trial.

Paris, who gave evidence during the prosecution, said: "It's a lot of effort by a lot of people that's gone into this case. A lot of people will feel let down. I don't know what to feel, I wasn't expecting this.

"I've got to let the authorities do what they've got to do if they are going to do anything. I gave evidence and it wasn't good. It was rough."

Paris, who was speaking on ITV Wales Tonight, said he was glad at least that the man who killed White was behind bars.

"As far as I'm concerned they've got the right person. I've had my apology from South Wales police. I have to leave it there and get on with my life."

John Actie, who was one of the five suspects but was acquitted of murder, said it was "disappointing" for everyone affected by the aftermath of the murder.

Speaking outside the court, Page's barrister, Gregory Bull QC, said: "We are delighted that, after six-and-a-half years of being on police bail, the innocence of Mr Page has been firmly established.

"We always contended there was insufficient evidence against him. After 31 years as a police officer who received 26 commendations, he felt bitterly let down by the manner of his arrest and the process that he has been put through."

He said the trial had collapsed because the prosecution failed to disclose certain evidence.

Powell said in a statement: "The last six and a half years have been harrowing for both myself and my family. I would now like to get back to a normal life."

Bull said the case had probably cost "tens of millions", adding: "I would call for an inquiry into the way this investigating team has conducted itself."

Page himself said: "I'm just relieved that it's all over. This would have been my seventh Christmas on bail and we've just had stalling tactics from the prosecution. And, in fact, we proved, or my team proved, that any 'evidence' against me was completely dismantled and taken apart.

"I would like an investigation into the way this investigation was conducted. The investigation should be re-investigated by a team from outside south Wales."

Anthony Barnfather, of law firm Pannone, which represented Mouncher, said: "It is particularly worrying that this is yet another large and expensive trial where the prosecution failed in its duty to disclose relevant material to the defence.

"Mr Mouncher has been subject to years of unimaginable pressure; however, he can finally put this behind him.

"He has always maintained the integrity of the original investigation and leaves the court with his professional reputation intact and his character unblemished."

The collapse is also embarrassing for the IPCC, which worked closely with South Wales police on the inquiry.

IPCC commissioner for Wales Tom Davies said: "I am disappointed that the trial has been stopped before all of the issues relating to this investigation could be thoroughly aired and tested before a jury."

The judge also ruled that a second trial of four other defendants linked to the same case, which was due to take place next year, would not now go ahead.
Largest ever trial of police officers collapses | UK news | The Guardian

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Old 02-12-11, 09:24 AM
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There are no saving graces over today's collapse of the biggest ever miscarriage of justice trial. If you cannot prosecute public officials where there is no credible doubt about the original defendants' innocence then forget it – it will never happen.

The trial of eight police officers and two witnesses over the wrongful conviction of three men for the 1990 murder of Lynette White in Cardiff collapsed. It almost certainly means there will never be an investigation into the numerous failures of the criminal justice system, especially the Crown Prosecution Service, in allowing the "Cardiff Three" to be prosecuted despite the absence of credible evidence. The director of public prosecutions, Keir Starmer, has said he is "extremely concerned". Where is the apology for the repeated failings of the original prosecution?

As a result of today's decision, there are no consequences for the disgraceful investigation that wrongly convicted Stephen Miller, Tony Paris and the late Yusef Abdullahi and betrayed White's memory.

The original Lynette White inquiry, headed by Detective Chief Superintendent John Williams, was an utter disgrace; the second, led by Detective Superintendent Kevin O'Neill – which found the real killer, Jeffrey Gafoor – was a model of modern investigative policing. Under O'Neill the Cardiff Three became the first miscarriage of justice victims in the DNA age to be vindicated by the conviction of the real murderer. It meant there was no doubt that the alleged eyewitnesses, Leanne Vilday, Angela Psaila and Mark Grommek had perjured themselves when they said they saw the three – plus cousins John and Ronnie Actie, who were acquitted but only after spending two years behind bars before trial – at the scene or committing the murder.

Rarely has there been a more disgraceful travesty of justice. Lynette White's murder was at the time the most brutal of its type in Welsh history. There was no credible evidence that proved the Cardiff Five guilty. Reams of evidence relating to alternative suspects – one of whom was Detective Inspector Graham Mouncher's prime suspect – was never disclosed to their defence .

The scientific evidence proved the Cardiff Five innocent and did so before they stood trial. How could five of them have not left so much as a single cell of DNA at the scene or on the victim or have any trace of her blood on them, while Gafoor shed plenty at the scene? Abdullahi had a very strong alibi that he was working on a ship throughout the night of the murder.

The CPS ignored its own sufficiency of evidence criteria to prosecute an appalling case. Requests for an explanation of its decision to prosecute in spite of the lack of credible evidence have been stonewalled for the best part of 15 years. Vilday, Psaila and Gromek pleaded guilty to perjury in 2008; but at that trial defence, judge and prosecution all agreed the police had forced them to lie.

Today's decision to halt the trial means the only people held accountable for a scandalous miscarriage of justice are three witnesses who had resisted shameful bullying by officers for months before cracking under duress, and were then convicted for the lies they had been forced to tell.

It emerged that copies of documents relating to a complaint were destroyed and that destruction not noted. Apparently this meant the officers and witnesses could not get a fair trial.

I got to know all of the wrongly accused men and I worked with White's mother, Peggy Pesticcio, to get the case reopened twice. Abdullahi died young, shamefully denied help despite a scheme being available to help victims of miscarriages of justice.

This trial could and should have led the way for others to secure justice; instead we are to get another inquiry to be conducted by the same system that has failed miserably. It is time for a fully independent public inquiry into the functioning of criminal justice in south Wales. Nothing less will do. The government must act now if it cares about restoring public confidence.

Still no justice for the Cardiff Three | Satish Saker | Comment is free | The Guardian
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