List of failed and overturned convictions involving the West Midlands Serious Crime Squad
Between 1974 and 1989, the West Midlands Police force operated the West Midlands Serious Crime Squad. It was disbanded after allegations of endemic misconduct, leading to a series of unsafe convictions. These included allegations that officers had falsified confessions in witness statements, denied suspects access to solicitors and used torture such as "plastic bagging" to partially suffocate suspects in order to extract confessions. They were alleged to have abused payments to informers. A series of around 40 prosecutions failed in the late 1980s as defendants showed that evidence had or may have been tampered with. West Yorkshire Police led an investigation which led to a small number of internal disciplinary proceedings, but did not recommend any prosecutions for lack of evidence. However, over 60 convictions secured from their investigations have now been quashed, including those of the Birmingham Six and Bridgewater Four. The failed prosecutions and overturned convictions are listed here in two separate tables.
List of failed prosecutions
[edit]| Accused | Problem | Result | Year |
|---|---|---|---|
| David Moss Rashan Khela Brian Ward John Rowley Malcolm Firksins James Redmond John Braniff |
Confessions obtained improperly | Charges dropped | 1981 |
| Carla Nota Antonio | Fabricated confession | Acquitted | 1982 |
| George Twitchell | Subjected to duress Timings inconsistent |
Acquitted | 1982 |
| Derek Gordon | Fabricated confession | Charges dropped | 1982 |
| Malcolm Herring | Fabricated confession | Acquitted | 1985 |
| William Barrett Calvin Walters Donald Patterson |
Evidence planted confessions fabricated |
Acquitted | 1986 |
| Clifford Jones John o'Brien Chris Turner Harry Elwell |
Confessions fabricated Timings inconsistent |
Judge directed acquittal | 1987 |
| John Bullivant Hubert Forbes Leo Morgan Wesley Stewart |
Evidence planted confessions fabricated Timings inconsistent Flawed identification Missing document |
Acquitted | 1987 |
| Paul Dandy | Confession fabricated | Charges dropped | 1987 |
| Norman Manning Derek Manning |
Planted forensic evidence Tainted by Dandy case |
Charges dropped | 1988 |
| Vincent Palmer | Tainted by Dandy case | Charges dropped | 1988 |
| Jahved Akhtar Tracy Evans |
improperly organised identity parades | Judge directed acquittal | 1988 |
| Eileen McCabe | Denied solicitor Confessed under duress |
Judge directed acquittal | 1988 |
| Leroy Francis Ramsingh Nowjadicksingh |
DC Shaw discredited as witness Missing surveillance evidence |
Acquitted | 1988 |
| Paul FitzSimmons | DC McManus discredited as witness Confessed under duress Evidence lost |
Judge directed acquittal | 1988 |
| Robert Burston Alexander Davies Ernest Callaghan Anthony Waldron |
Original interview notes lost Fabricated forensic evidence |
Judge directed acquittal | 1988 |
| Paul Harris | Confession fabricated denied access to solicitor |
Judge directed acquittal | 1989 |
| Gibbs Samuels Francis[1] |
Confessions extracted under duress Fabricated of evidence Undue pressure on witness |
Charges dropped | 1989 |
| Ronnie Bolden | Confession fabricacted Fabrication of defence solicitor attempting bribe Fabricated forensic evidence |
Acquitted | 1989 |
| Harry Allan | Undue pressure on witness | Charges dropped | 1990 |
Table derived from Kaye 1991, pp. 87–9
List of convictions quashed at appeal
[edit]Below are the names of those whose trials were re-examined after their investigations by the West Midlands Serious Crime Squad and subsequent convictions were thought to be potentially unsound.[2] Also included is the later case of Lloyd George Fraser, involving former officers of the squad, where the conviction was quashed because of their involvement. Three others had their convictions quashed in 1985, before the allegations of systemic misconduct were widely accepted (see Tarlochan Singh Gill).
| Name | Status | Case date | Appeal date | Notes |
|---|---|---|---|---|
| Paul Alberici[3] | Conviction quashed | 1986 | 1999 | Convicted with Clancy |
| Gary M Binham[4] | Conviction quashed | Before 1994 | ||
| Michael T Bromell[4] | Conviction quashed | Before 1994 | ||
| Donald Brown[5][6] | Conviction quashed | 1979 | 1999 | Same case as Ronald and John Brown, and Treadaway |
| Ronald Brown[5][6] | Conviction quashed | 1979 | 1999 | Same case as John and Donald Brown, Dunne and Treadaway |
| John Lewis Brown[7] | Conviction quashed | 1979 | 2005 | Same case as Ronald and Donald Brown, Dunne and Treadaway |
| Hugh Callaghan | Conviction quashed | 1974 | 1991 | Birmingham Six |
| Trevor Campbell[8] | Conviction quashed | 1984 | 1999 | |
| Geoffrey Cheetham[4] | Conviction quashed | Before 1994 | ||
| Thomas Clancy[3] | Conviction quashed | 1986 | 1996 | Three years before his co-defendant Alberici |
| Valentine P Cooke[4] | Conviction quashed | Before 1994 | ||
| John Joseph Cummiskey[9][10] | Conviction quashed | 1984 | 2003 | Convicted with Roy Meads |
| Michael Dunne[6] | Conviction quashed | 1979 | 2011 | Same case as John, Ronald and Donald Brown, and Treadaway |
| John Edwards[4] | Conviction quashed | 1991[11] | ||
| Martin Foran[12] | Conviction quashed | 1984 | 2013 | |
| Martin Foran[13] | Conviction quashed | 1978 | 2014 | |
| Adolphus Francis[4] | Conviction quashed | Before 1994 | ||
| Lloyd George Fraser[14][15] | Conviction quashed | 1991 | 2003 | Former officers of the squad, after it had been disbanded |
| Raymond Fryer[4] | Conviction quashed | Before 1994 | ||
| Gerard Gall[4] | Conviction quashed | Before 1994 | ||
| Ronald T Gall[4] | Conviction quashed | Before 1994 | ||
| Patrick Gaughan[5] | Conviction quashed | 1979 | 1999 | Same case as Ronald and Donald Brown, Dunne and Treadaway |
| Tarlochan Singh Gill + 3 ors[16] | Conviction quashed | 1984 | 1994 | |
| Christopher Hagans[6] | Conviction quashed | 2011 | ||
| Delroy Hare[4] | Conviction quashed | Before 1994 | ||
| Robert Haughton[4] | Conviction quashed | Before 1994 | ||
| Paddy Hill | Conviction quashed | 1974 | 1991 | Birmingham Six |
| George A Hinds[4] | Conviction quashed | Before 1994 | ||
| Leslie B Horobin[4] | Conviction quashed | Before 1994 | ||
| Gerard Hunter | Conviction quashed | 1974 | 1991 | Birmingham Six |
| Patrick Irvine[6][17] | Conviction quashed | 1980 | 2011 | |
| Elvis Jeffers[4] | Conviction quashed | Before 1994 | ||
| Hassan Khan[4] | Conviction quashed | Before 1991 | See also Hansard 1991, p. 1224 | |
| George G Lewis[4] | Conviction quashed | 1987 | Before 1994 | |
| Paul R Lindo[4] | Conviction quashed | Before 1994 | ||
| Daniel Lynch[4] | Conviction quashed | Before 1994 | ||
| Trevor McCalla[18] | Conviction quashed | 1995 | Served 18 months | |
| John Lyon Mccloy[6] | Conviction quashed | 1980 | 2011 | |
| Richard McIlkenny | Conviction quashed | 1974 | 1991 | Birmingham Six |
| Thomas Dennis Mcmillan[19] | Conviction quashed | 2012 | ||
| Roy Meads | Conviction quashed[20] | 1984 | 1996 | Convicted with Cummiskey |
| David Murphy[21] | Conviction quashed | 2006 | With Patrick O'Toole | |
| Anne Marie Murray[22][23] | Conviction quashed | 2003 | ||
| Patrick O'Toole[21] | Conviction quashed | 2006 | With David Murphy | |
| Keith Parchment[24] | Conviction quashed | 1991 | ||
| Billy Power | Conviction quashed | 1974 | 1991 | Birmingham Six |
| Patrick Smith[4] | Conviction quashed | Before 1994 | ||
| Tanochan[4] | Conviction quashed | Before 1994 | ||
| Derek Treadaway[6][25] | Conviction quashed | 1979 | 1996 | Same case as Dunne and John, Ronald and Donald Brown |
| Trevor McCalla[4] | Conviction quashed | Before 1994 | ||
| Keith Twitchell[6][17] | Conviction quashed | 1980 | 2002 | |
| John Walker | Conviction quashed | 1974 | 1991 | Birmingham Six |
| Anthony Wellington[26] | Conviction quashed | 1991 | ||
| Constantine Wellington[4] | Conviction quashed | Before 1994 | ||
| Kevin Wilcox[4] | Conviction quashed | Before 1994 | ||
| Lawrence Wilcox[27] | Conviction quashed | 2010 | ||
| Seymour Williams[4] | Conviction quashed | Before 1994 | ||
| John Wilson[6] | Conviction quashed | 2011 |
List derived from MOJUK 2018
List of overturned convictions from the Regional Crime Squad
[edit]| Name | Status | Case date | Appeal date | Notes |
|---|---|---|---|---|
| Vincent Hickey | Conviction quashed | 1978 | 1997 | Bridgewater Four |
| Michael Hickey | Conviction quashed | 1978 | 1997 | Bridgewater Four |
| Pat Molloy | Conviction quashed | 1978 | 1997 | Bridgewater Four |
| James Robinson | Conviction quashed | 1978 | 1997 | Bridgewater Four |
See also
[edit]References
[edit]- ^ Hansard 1991
- ^ See MOJUK 2018 for the original list
- ^ a b Staff reporter 1999
- ^ a b c d e f g h i j k l m n o p q r s t u v w x Hansard 1994
- ^ a b c Burrell 1999
- ^ a b c d e f g h i Birmingham Live 2011b
- ^ Bourke 2005
- ^ Unknown 1999
- ^ BBC News 2003, Coventry Live 2003
- ^ "CUMMISKEY, John Joseph". Criminal Cases Review Commission.
- ^ Allen 1994, p. 368
- ^ McCarthy 2013
- ^ Pitchford, Dingemans & William Davis 2014
- ^ Auld, Aikens & Grigson 2003
- ^ "FRASER, Lloyd George". Criminal Cases Review Commission.
- ^ Kirby 1994
- ^ a b Mitchell & Keith 2002
- ^ Inside Justice 2018
- ^ Safari 2012
- ^ Kay, Gibbs & Evans 2003b
- ^ a b BBC News 2006
- ^ Kay, Gibbs & Evans 2003a
- ^ "MURRAY, Anne Marie". Criminal Cases Review Commission.
- ^ Rose, Jowitt & Hooper 1999
- ^ Rose 1996
- ^ Mullin 1991, Statewatch 1992
- ^ Birmingham Post & Mail 2010
Sources
[edit]News articles
[edit]- Mullin, John (23 March 1991). "Six detectives in 'evidence plot'". Guardian.
- Kirby, Terry (15 January 1993). "Seven detectives to face disciplinary charges: After an inquiry costing millions, the action against West Midlands Serious Crime Squad officers has attracted criticism". Independent. Retrieved 15 July 2018.
- Haycock, Gavin (13 October 1993). "Police pay 70,000 pounds to wrongfully arrested man". UPI Archives. Retrieved 14 July 2018.
- Kirby, Terry (28 January 1994). "Murder conviction quashed". Independent. Retrieved 14 July 2018.
- Graves, David (31 July 1997). "Bridgewater Four convictions quashed". Daily Telegraph. Archived from the original on 19 October 2002.
- BBC News (19 January 1998). "Compensation for 'confession' man". BBC News.
- Staff reporter (1999). "Man's convictions quashed after 'classic' squad set-up". Birmingham Post. Retrieved 14 July 2018.
- Burrell, Ian (1 November 1999). "West Midlands Serious Crime Squad: Police unit to blame for 'dozens more injustices'". The Independent.
- BBC News (28 November 2003). "Robbery conviction quashed". BBC News. Retrieved 15 July 2018.
- Coventry Live (28 November 2003). "Man's conviction quashed by court". Coventry Live. Retrieved 15 July 2018.
- Bourke, Fionnuala (18 December 2005). "Cleared of robbery after 22-year fight". Free library (Birmingham Post and Mail).
- BBC News (24 February 2006). "Leyland robbery sentences quashed". BBC News Online.
- Birmingham Post & Mail (2010). "Conviction is quashed - 30 years on". Free Online Library. Retrieved 14 July 2018.
- BBC News (21 December 2010). "Ex-detective jailed for post office armed robbery bid". BBC News. Retrieved 14 July 2018.
- Morton, James (29 May 2011). "Dame Barbara Mills obituary: Barrister and first female director of public prosecutions". Guardian. Retrieved 15 July 2018.
- Birmingham Live (6 October 2011a). "Shocking police tactics saw trio wrongly jailed". Birmingham Live. Retrieved 14 July 2018.
- Birmingham Live (13 October 2011b). "Innocent men robbed of their liberty by Serious Crime Squad". Birmingham Live. Retrieved 14 July 2018.
- Bassey, Amardeep (3 March 2013). "Drunk cop who fell to his death included on memorial to officers who died in line of duty". Birmingham Live.
- McCarthy, Nick (17 April 2013). "Pensioner jailed for pub robbery in 1985 cleared after 28-year battle". Birmingham Live.
- Carter, Helen (15 August 2013). "'Double' miscarriage of justice victim Martin Foran speaks". BBC News.
- Carter, Helen (17 October 2014). "Martin Foran wins second miscarriage of justice appeal". BBC News Online. Retrieved 14 July 2018.
- Mullin, Chris (1 June 2016). "I fear the Birmingham bombings inquest will only bring heartache". Guardian Comment is Free. Retrieved 14 July 2018.
- Lockley, Mike (14 June 2016). "Vincent Hickey had called for murder case to be reopened". Birmingham Live. Retrieved 14 July 2018.
Judgments
[edit]- Rose (18 November 1996). "R. v. Derek Treadaway [1996] EWCA Crim 1457". Networked Knowledge. England and Wales Court of Appeal (Criminal Division) Decisions.
- Unknown (14 October 1999). "R. v. Trevor Campbell [1999] EWCA Crim 2264".
- Rose; Jowitt; Hooper (26 October 1999). "R. v. Keith Twitchell [2000] 1 Cr.App.R. 373". Networked Knowledge. England and Wales Court of Appeal (Criminal Division) Decisions.
- Mitchell; Keith (14 January 2002). "Irvine, R v [2002] EWCA Crim 29". Bailii. England and Wales Court of Appeal (Criminal Division) Decisions.
- Kay; Gibbs; Evans (24 January 2003a). "Murray, R v [2003] EWCA Crim 27". Bailii.
- Auld; Aikens; Grigson (2 October 2003). "Fraser, R v [2003] EWCA Crim 3180". Bailii.
- Kay; Gibbs; Evans (27 November 2003b). "Cummiskey, R v [2003] EWCA Crim 3933". Bailii.
- Laws; Collins; Silber (24 February 2006). "O'Toole, R v [2006] EWCA Crim 951". Bailii.
- Leveson; Mitting; Miles (16 April 2013). "Foran v R [2013] EWCA Crim 437". Bailii. Retrieved 15 July 2018.
- Pitchford; Dingemans; William Davis (17 October 2014). "Foran v R [2014] EWCA Crim 2047". Bailii. England and Wales Court of Appeal (Criminal Division) Decisions.
Parliament
[edit]- Hansard (January 1989a), "West Midlands Serious Crime Squad, HC Debate", Hansard, Parliament, col. 1155-60
- Hansard (26 October 1989b), "West Midlands Police (Investigation), HC Debate", Hansard, Parliament, col. 1036-40, retrieved 14 July 2018
- Hansard (12 December 1991), "PC Tony Salt: HC Debate", Hansard, Parliament, col. 1221-8, retrieved 15 July 2018
- Hansard (16 February 1994), "House of Commons Hansard for 16 Feb 1994", Hansard, House of Commons, col. 781
Reports
[edit]- Kaye, Tim (1991). Unsafe and Unsatisfactory? The Report of the independent inquiry into the Working Practices of the West Midlands Serious Crime Squad. London: Civil Liberties Trust. ISBN 0900137355.
Books
[edit]- Foot, Paul (1997). Murder at the Farm. Review. ISBN 9780747258704.
- Walker, Clive; Starmer, Keir (1999). Miscarriages of Justice: A Review of Justice in Error. Blackstone Press. ISBN 9781854316875.
- Allen, Christophe (1994). Sourcebook on Evidence. Routledge. ISBN 9781135353179.
- Naughton, Michael (2013). The Innocent and the Criminal Justice System: A Sociological Analysis of Miscarriages of Justice. Macmillan International Higher Education. ISBN 9781137341150.
- Plimmer, John (2017). The Lost Paragons: The story of the notorious West Midlands Serious Crime Squad. Amazon Digital Services LLC - KDP Print US. p. 277. ISBN 978-1520692593.
Journal articles
[edit]- Davis, Tom (1994). "ESDA and the Analysis of Contested Contemporaneous Notes of Police Interviews". Forensic Linguistics (1). Routledge: 71–89.
Video and television
[edit]- Bell, Andrew (12 February 1990), "A Force to be Reckoned With, West Midlands Serious Crime Squad'", World in Action, 26 (18)
Other
[edit]- Statewatch (September 1992). "Thirteen released" (PDF). Statewatch Bulletin. 2 (5): 3.
- Inside Justice (2018). "Historic cases". Inside Justice.
- MOJUK (2018). "West Midlands Serious Crime Squad". Miscarriages of Justice UK.
- Olliers Solicitors (17 October 2014). "Martin Foran Makes It A Double At The Court Of Appeal". Olliers Solicitors.
- Safari (June 2012). "R V Thomas Dennis Mcmillan [2012] EWCA Crim 226" (PDF). Safari (86): 2. Retrieved 16 July 2018.