Wednesday, March 18, 2009 

How many more might there be?

The details in the case of Sean Hodgson are so familiar that they could almost be the boilerplate of any mediocre ITV drama: the local "oddball", often with mental health problems, who finds himself in the wrong place at the wrong time, ends up convicted of murder and left to rot in prison, always denying his guilt, only for his innocence to be eventually established. It's also familiar because it has happened so often, with the names of those involved in similar miscarriages of justice becoming seared on the memory: Barry George, Colin Stagg, Stephen Downing, and probably most notoriously, Stefan Kiszko.

Kiszko's case, where he was eventually cleared of the murder of Lesley Molseed after he was found to be infertile, the real killer having ejaculated onto Molseed's underwear and skirt, was memorably described by one Conservative MP as the "worst miscarriage of justice of all time". That might be disputed by the friends and family of Derek Bentley and Timothy Evans to name but two, both executed for crimes they were subsequently cleared of, but it's one that's stuck. Hodgson's however must challenge it, as did Downing's, who also served 27 years before finally being freed.

For those of us who can barely imagine, or wish to imagine serving any length of time in prison, 27 years seems even more unfathomably abstract. To spend those years also knowing that you are innocent takes the equation even further into territory you have no desire to visit. Simply to survive that time and not come out at the end of it a broken person is almost always an impossible task, and sadly Hodgson, who was already a troubled man who lied pathologically, looks substantially older and frailer than his years. He will presumably receive substantial compensation, like the other recent victims of miscarriages of justice, but it will never even begin to atone for how he has undoubtedly suffered.

The forensic evidence which proved Hodgson's innocence is not always so conclusive however, and can rely just as much on the person running the tests and subsequently testifying as the evidence itself. In Barry George's case the speck of "firearms residue" which sealed his fate was found to have been as likely to come from any other source as it was from the gun which killed Jill Dando. Barri White was convicted of the murder of his girlfriend partially on the basis of particulates found on Rachel Manning's skirt, which the prosecution case said had come from his friend Keith Hyatt's van, supposedly used to dump Manning's body. This evidence was subsequently shown to be completely inaccurate; the particulates were not from the van's seat and in any case the scientist had not done the necessary work to even establish conclusively that they had. After a retrial White was cleared of any involvement in her death. Meanwhile Thames Valley police, having brought what was described as one of the most flimsy prosecutions for murder in years, has been forced to start from the beginning again.

One can only hope that the overturning of Hodgson's conviction leads to all similar cases being re-examined in line with the latest advances. Some others though still languish in prison on even less evidence, the most notorious example being Michael Stone, convicted of the equally infamous murders of Lin and Megan Russell on the basis of a supposed cell confession by an admitted liar. Some, perhaps rather optimistically, have since linked the Russell murders to Levi Bellfield, convicted last year of a series of attacks on young blonde women in London, who has also been linked to the unsolved murder of Amanda "Milly" Dowler. Stone has already had one retrial, and had a further subsequent appeal rejected, yet it seems doubtful that with the remarkable lack of actual evidence linking him to the murders, a "bootlace" found at the scene notwithstanding, that Stone's could yet turn out be a miscarriage of justice to rival all of the above.

Labels: , , , , ,

Share |

About

  • This is septicisle
profile

Links

Powered by Blogger
and Blogger Templates