Episode 10

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0:00:03 > 0:00:05The British justice system is the envy of the world.

0:00:05 > 0:00:08But in the past, mistakes have been made.

0:00:08 > 0:00:12Between the year 1900 and the year 1964,

0:00:12 > 0:00:15approximately 800 people were hanged in the United Kingdom.

0:00:16 > 0:00:19Many of those desperately protested their innocence.

0:00:19 > 0:00:24Some of these long-standing convictions could be a miscarriage of justice.

0:00:24 > 0:00:26She's received most of the blows in this position,

0:00:26 > 0:00:28once she's already bleeding.

0:00:28 > 0:00:30In this series, a living relative

0:00:30 > 0:00:32will attempt to clear their family name.

0:00:32 > 0:00:35In every single article that we've read,

0:00:35 > 0:00:37Twiss's saying he's innocent every time.

0:00:37 > 0:00:39Searching for new evidence.

0:00:39 > 0:00:43I can make the .32 fire both calibres.

0:00:45 > 0:00:49With help from two of the UK's leading barristers,

0:00:49 > 0:00:50one for the defence...

0:00:50 > 0:00:52This is a very worrying case.

0:00:52 > 0:00:55I think the evidence is very suspect.

0:00:55 > 0:00:57..and one for the prosecution.

0:00:57 > 0:01:00I'm still of the view that this was a cogent case of murder,

0:01:00 > 0:01:04committed during the course of a robbery.

0:01:04 > 0:01:06They're on a mission to solve the mystery,

0:01:06 > 0:01:10submitting their findings to a senior Crown Court judge.

0:01:10 > 0:01:15There is a real risk that there has been a miscarriage of justice here.

0:01:15 > 0:01:18I will look again at the evidence in the light of the arguments

0:01:18 > 0:01:20that you both have put before me.

0:01:20 > 0:01:24Can this modern investigation rewrite history?

0:01:35 > 0:01:39A tiny farm outside Newmarket, County Cork, in Ireland

0:01:39 > 0:01:42was the scene of unusual activity

0:01:42 > 0:01:46in the early morning of Saturday the 21st of April, 1894.

0:01:47 > 0:01:50There had been a murder.

0:01:50 > 0:01:53The farm's caretaker, James Donovan, had been attacked

0:01:53 > 0:01:56in the middle of the night and badly beaten.

0:01:56 > 0:02:00He was discovered by his neighbour, who sent for a priest and a doctor

0:02:00 > 0:02:04but it was too late. Donovan had been killed.

0:02:04 > 0:02:07Police attention quickly turned to known criminals

0:02:07 > 0:02:09as they rounded up the usual suspects.

0:02:11 > 0:02:14Within days, a man named John Twiss was arrested...

0:02:15 > 0:02:18..but the 34-year-old lived 16 miles away,

0:02:18 > 0:02:20near Castleisland in County Kerry.

0:02:22 > 0:02:24Held in prison for months,

0:02:24 > 0:02:27Twiss was unable to give evidence at his own trial.

0:02:27 > 0:02:31But with his dying breath, he protested his innocence.

0:02:31 > 0:02:36He was hanged at Cork County Gaol on the 9th of February, 1895.

0:02:42 > 0:02:44In County Kerry in Ireland,

0:02:44 > 0:02:49John Twiss's story is still remembered today and his memory is kept alive

0:02:49 > 0:02:51by his descendents, Helen and Dennis.

0:02:51 > 0:02:55The reason why I'm here is because my mother,

0:02:55 > 0:02:58she passed away a few years ago, and if she was alive today

0:02:58 > 0:03:00she would want to be here herself,

0:03:00 > 0:03:03just to get people to see what really happened.

0:03:03 > 0:03:07We do believe that John Twiss is innocent and I think all the

0:03:07 > 0:03:11stories that we have been told have come from that,

0:03:11 > 0:03:13that he was an innocent man that was hung in the wrong,

0:03:13 > 0:03:16for a crime he did not commit.

0:03:21 > 0:03:23"I'm not asking you for anything but justice.

0:03:23 > 0:03:25"I am not guilty.

0:03:25 > 0:03:27"I was never guilty.

0:03:27 > 0:03:30"I hope Almighty God will account for me,

0:03:30 > 0:03:32"for I am innocent of this crime.

0:03:32 > 0:03:34"I was a Moonlighter.

0:03:34 > 0:03:36"And I paid for it."

0:03:39 > 0:03:42So he paid the price, the dearest price of all, your life.

0:03:45 > 0:03:47Prevented by the law at the time

0:03:47 > 0:03:49from pleading his case before a jury,

0:03:49 > 0:03:53Twiss was convicted in January 1895

0:03:53 > 0:03:56but huge numbers called for his reprieve.

0:03:56 > 0:03:59They collected 40,000 signatures to plea for a pardon...

0:04:00 > 0:04:03..and it wasn't even looked at.

0:04:03 > 0:04:05That's the most striking thing.

0:04:05 > 0:04:08So there was general belief, at that time, he was innocent.

0:04:11 > 0:04:15Helping Helen and Dennis to seek the justice they believe their ancestor

0:04:15 > 0:04:18deserves are two of the country's best legal minds.

0:04:20 > 0:04:24Criminal barrister Jeremy Dein has over 30 years of experience

0:04:24 > 0:04:27and will look at this case for the defence.

0:04:27 > 0:04:31Analysing this case for the prosecution is Sasha Wass QC,

0:04:31 > 0:04:35who has prosecuted some of Britain's most notorious offenders.

0:04:35 > 0:04:40Together, they will scrutinise the facts, searching for a new legal argument

0:04:40 > 0:04:44or the fresh evidence that they'll need to have the case reconsidered.

0:04:44 > 0:04:47Do sit down.

0:04:47 > 0:04:52How did you find out about John Twiss's situation?

0:04:52 > 0:04:55I suppose, as we were growing up, our grandad would have told our mam

0:04:55 > 0:04:57and then our mam would have told us.

0:04:57 > 0:04:59- Were you children when you heard about it?- Yes.- Oh, right.

0:04:59 > 0:05:02- So it's always something that you've grown up with.- Yes.

0:05:02 > 0:05:05Is John Twiss generally regarded within the community as

0:05:05 > 0:05:09- having been wrongly hanged for that murder?- Yes.- Yeah.

0:05:09 > 0:05:13Just imagine for a moment that we came across a new piece of

0:05:13 > 0:05:18evidence which proved that John Twiss did commit this murder.

0:05:18 > 0:05:20Would you be able to handle that sort of information?

0:05:20 > 0:05:24But as I always say, there's two sides to every story.

0:05:24 > 0:05:26- If there's another side to the story...- At least we'll know.

0:05:26 > 0:05:30All right. Well, certainly we'll be looking at the case together.

0:05:30 > 0:05:35My role is to see whether we could identify new arguments or material

0:05:35 > 0:05:39that we can put before a judge to demonstrate that he was wrongly convicted.

0:05:39 > 0:05:41My role is slightly different.

0:05:41 > 0:05:43As far as this case is concerned,

0:05:43 > 0:05:47I will be looking at the case from the prosecution perspective.

0:05:47 > 0:05:51That doesn't mean I'm trying to uphold this conviction at all costs.

0:05:51 > 0:05:53Far from it.

0:05:53 > 0:05:54We'll keep you informed and update

0:05:54 > 0:05:57- you when we have more information. - Thank you for meeting us.

0:05:57 > 0:06:00It's been a pleasure.

0:06:00 > 0:06:04This is the oldest case that the barristers have looked at together,

0:06:04 > 0:06:06and they will face unique challenges

0:06:06 > 0:06:10in reviewing a trial that took place 123 years ago.

0:06:10 > 0:06:14First, they need to establish the facts of the Glenlara murder,

0:06:14 > 0:06:17and how a man that lived over 16 miles away

0:06:17 > 0:06:19came to be hanged for the crime.

0:06:21 > 0:06:25So, Jeremy, this is a murder that took place in the South of Ireland

0:06:25 > 0:06:27in 1894.

0:06:27 > 0:06:33A man called James Donovan was found in the early hours of the 21st

0:06:33 > 0:06:37of April, having been beaten about the head 11 times,

0:06:37 > 0:06:40with a gunshot wound to his arm.

0:06:40 > 0:06:44John Twiss was one of two men

0:06:44 > 0:06:47who were eventually tried for this murder.

0:06:47 > 0:06:53Now, Twiss was a prominent member of a group called the Moonlighters,

0:06:53 > 0:06:58and the Moonlighters were considered to be the violent arm of those in

0:06:58 > 0:07:01favour of the land movement.

0:07:01 > 0:07:04Two men were accused and interestingly, in this case,

0:07:04 > 0:07:07both stood trial separately.

0:07:07 > 0:07:09That would never happen today, as you know.

0:07:09 > 0:07:13And here, Eugene O'Keefe was found not guilty

0:07:13 > 0:07:15and then a month or so later,

0:07:15 > 0:07:19John Twiss was found guilty, so that's something we need to look at.

0:07:19 > 0:07:23Also, there are issues about the reliability of the witnesses,

0:07:23 > 0:07:25the credibility of the witnesses.

0:07:25 > 0:07:29Well, Jeremy, I'm interested the political aspect of this case

0:07:29 > 0:07:31because the deceased in this case,

0:07:31 > 0:07:33James Donovan, was a caretaker

0:07:33 > 0:07:36of the farm where the murder took place.

0:07:36 > 0:07:42What had happened was that the tenant of the farm had been evicted

0:07:42 > 0:07:49by the owner and the owner then put in place James Donovan to look after

0:07:49 > 0:07:54the farm, so there was a lot of ill feeling against James Donovan by

0:07:54 > 0:07:56those involved in the land movement.

0:07:56 > 0:07:59So I think we could benefit from speaking to some sort of historian

0:07:59 > 0:08:04who can put all of this in some sort of political perspective for us and

0:08:04 > 0:08:06we can possibly work out motives in this case.

0:08:06 > 0:08:08Well, I absolutely agree with you.

0:08:13 > 0:08:15In Ireland, Helen and Dennis have come to the home

0:08:15 > 0:08:19that John Twiss once shared with their great-grandmother, Jane.

0:08:20 > 0:08:22And then the Twiss house would have been...

0:08:22 > 0:08:27- The middle one.- The middle one, which John Twiss and Jane resided in.

0:08:27 > 0:08:31Twiss was born in London in 1860 and was one of five children.

0:08:31 > 0:08:35As an adult, he lived in Cordal, County Kerry.

0:08:35 > 0:08:38He maintained two of the nearby cemeteries.

0:08:38 > 0:08:40But to provide for himself and his sister, Jane,

0:08:40 > 0:08:44he often relied on poaching from the local landowners, which brought him

0:08:44 > 0:08:46to the attention of the police.

0:08:49 > 0:08:52As a young man, Twiss became involved in a political movement

0:08:52 > 0:08:56known as the Land Wars.

0:08:56 > 0:08:59At this time in Ireland, tenant farmers had few rights

0:08:59 > 0:09:02and could be forcibly evicted from their property,

0:09:02 > 0:09:05losing not only their home, but their livelihood.

0:09:07 > 0:09:11Without their farms, these families would be left destitute.

0:09:12 > 0:09:15A violent group known as Moonlighters tried to protect

0:09:15 > 0:09:18tenants by intimidating landlords or their agents.

0:09:19 > 0:09:23This murder had all the hallmarks of a Moonlighting incident,

0:09:23 > 0:09:27as Donovan was the caretaker of an evicted farm.

0:09:27 > 0:09:30Known to be part of the secret organisation of Moonlighters,

0:09:30 > 0:09:34Twiss was arrested just five days after the murder,

0:09:34 > 0:09:36with seemingly little evidence.

0:09:36 > 0:09:40In my eyes, and if you read it, I think he was a threat

0:09:40 > 0:09:45- to the powers that be.- And he was fighting for the tenant farmers

0:09:45 > 0:09:49and he had a lot of backing from people that felt that they shouldn't be taken off the land.

0:09:49 > 0:09:52So, does that have a bearing in the case?

0:09:52 > 0:09:53Quite possibly.

0:09:53 > 0:09:58The story of this case has been passed from generation to generation,

0:09:58 > 0:10:00not only within Twiss's own family

0:10:00 > 0:10:04but through the entire community in his hometown.

0:10:05 > 0:10:08Almost 100 years after his death,

0:10:08 > 0:10:12a memorial was erected in honour of John Twiss.

0:10:12 > 0:10:14This memorial was put up in 1984.

0:10:14 > 0:10:17My grandfather was here

0:10:17 > 0:10:20and it was a lovely, summer evening.

0:10:21 > 0:10:25I was only eight or nine, but I still can remember it.

0:10:25 > 0:10:27My father was alive. My mother was alive.

0:10:27 > 0:10:31It was a great achievement to get it actually put up

0:10:31 > 0:10:34because it takes it takes an awful lot of work.

0:10:34 > 0:10:37I think my grandfather was delighted that day,

0:10:37 > 0:10:40and he was proud and he died a year later or so.

0:10:40 > 0:10:42He stayed around until this was done

0:10:42 > 0:10:45and then he felt his work was done.

0:10:47 > 0:10:51- Yeah.- So...

0:10:53 > 0:10:57Can re-examining this murder, after more than a century,

0:10:57 > 0:10:59solve the mystery that has puzzled generations?

0:11:01 > 0:11:04On the night of the 20th of April, 1894,

0:11:04 > 0:11:09two men entered Donovan's house in Glenlara, dragging him from the bedroom

0:11:09 > 0:11:10he shared with his young son.

0:11:10 > 0:11:13The men beat him in the yard.

0:11:13 > 0:11:15In the morning, Donovan was found near death

0:11:15 > 0:11:19by his neighbour, John Keneally.

0:11:19 > 0:11:24The prosecution case was that although Twiss did not know the victim,

0:11:24 > 0:11:26and bore no personal grudge against him,

0:11:26 > 0:11:31he had been hired to carry out the murder, and travelled over 16 miles

0:11:31 > 0:11:34each way, in the course of one night, to do so.

0:11:34 > 0:11:39Now, the murder is said to have occurred between 12 and 2am

0:11:39 > 0:11:45and police claim that they last saw John Twiss, in Cordal,

0:11:45 > 0:11:48at about 9:45pm, on the evening of the 20th

0:11:48 > 0:11:55but one of his neighbours, Peter Sugrue, said that in fact he saw

0:11:55 > 0:12:00John Twiss at home at 11pm, so that pushes the time back.

0:12:00 > 0:12:05So, the fundamental question here is could he have made it to Glenlara...

0:12:07 > 0:12:14..to have finished his business by 2am and then got back in time for

0:12:14 > 0:12:18him to be seen again, about half a mile from his home in Cordal,

0:12:18 > 0:12:20by Peter Sugrue

0:12:20 > 0:12:22at half past five on the morning of the 21st?

0:12:22 > 0:12:25The timings in this case are crucial,

0:12:25 > 0:12:26and the police sought to prove that

0:12:26 > 0:12:28Twiss could have made it to the crime scene

0:12:28 > 0:12:30in time to commit the murder.

0:12:31 > 0:12:37Police officers made the journey on foot from Cordal to Glenlara,

0:12:37 > 0:12:42and gave evidence that it took them three hours and 17 minutes.

0:12:42 > 0:12:47John Twiss called three defence witnesses

0:12:47 > 0:12:52who saw John Twiss in and around his home by 5:30am.

0:12:52 > 0:12:56If those times are correct, that makes his visit to Glenlara

0:12:56 > 0:12:59and involvement in the murder very tight.

0:12:59 > 0:13:01If the witness evidence was to be believed,

0:13:01 > 0:13:04Twiss could not have made it to Glenlara and back on foot

0:13:04 > 0:13:07within that timeframe.

0:13:07 > 0:13:11The difficulty is, John Twiss himself made a statement to the police

0:13:11 > 0:13:14saying that that morning, he'd stayed in bed until nine o'clock.

0:13:14 > 0:13:17So if Peter Sugrue was wrong about seeing him at

0:13:17 > 0:13:19five thirty or six the following morning,

0:13:19 > 0:13:23the jury may well have rejected his evidence about having seen him

0:13:23 > 0:13:26at 11 o'clock the previous night.

0:13:26 > 0:13:30And you can see how the alibi is beginning to fall apart.

0:13:30 > 0:13:33Several months into the investigation,

0:13:33 > 0:13:38the police produced a witness who offered an alternative explanation,

0:13:38 > 0:13:41which completely changed the direction of the case.

0:13:41 > 0:13:45Mary Lyons, who was an important prosecution witness,

0:13:45 > 0:13:50said she saw John Twiss on a horse, in Taur,

0:13:50 > 0:13:53not long before the murder.

0:13:53 > 0:13:57That would mean that John Twiss would have had to get all the way

0:13:57 > 0:14:02from Cordal, having been at home at around 11pm,

0:14:02 > 0:14:05to Taur in an hour or so.

0:14:05 > 0:14:07Well, let's get an idea of distance.

0:14:07 > 0:14:14The distance between Cordal and Glenlara is 16 miles.

0:14:14 > 0:14:16On a horse, I would have thought that was

0:14:16 > 0:14:20an achievable distance to cover.

0:14:20 > 0:14:24Now, Mary Lyons not only saw John Twiss on a horse,

0:14:24 > 0:14:27she said she saw two men on the same horse

0:14:27 > 0:14:30and the back rider was John Twiss.

0:14:30 > 0:14:33And she positively recognised him.

0:14:33 > 0:14:35She had known him for some considerable time

0:14:35 > 0:14:39and had absolutely no difficulty identifying him.

0:14:39 > 0:14:42So, I think we need to look very carefully at her evidence,

0:14:42 > 0:14:46whether she had any motive to give false evidence,

0:14:46 > 0:14:50and if she did, what it was, and if she didn't,

0:14:50 > 0:14:54whether she had been put under any pressure by the police

0:14:54 > 0:14:57who were taking her statement.

0:14:57 > 0:15:02The jury at trial were convinced that Twiss had indeed been to Glenlara,

0:15:02 > 0:15:05but to review the all-important timings in this case,

0:15:05 > 0:15:09Helen and Dennis have travelled from Cordal to the scene of the murder.

0:15:09 > 0:15:12The journey their ancestor supposedly took.

0:15:12 > 0:15:15If you look, it would have been down in that corner.

0:15:16 > 0:15:18To actually see where it happened...

0:15:18 > 0:15:20I mean, it's so peaceful.

0:15:20 > 0:15:24Must strike you that a man's life was taken over there.

0:15:24 > 0:15:27Could Twiss have made this ill-fated trip?

0:15:27 > 0:15:30I think it's a far-fetched story that he was ever in this field.

0:15:30 > 0:15:35It nearly took us an hour in the car to drive here and they are saying he

0:15:35 > 0:15:37walked here in two hours, which...

0:15:37 > 0:15:40- Yeah.- I think he'd qualify for the Olympics if he did it.

0:15:41 > 0:15:45And it remains a puzzle why the Cork police linked a Kerry man

0:15:45 > 0:15:47to this crime.

0:15:47 > 0:15:51Imagine, like, a murder happening 100 yards away

0:15:51 > 0:15:53and they blamed a fellow...

0:15:53 > 0:15:57- ..Miles away and it happened right next to them.- Yeah.

0:16:01 > 0:16:04What was the motive for the Donovan's murder?

0:16:04 > 0:16:07As a landlord's caretaker, he held a dangerous position.

0:16:08 > 0:16:11The farm that he occupied had previously been rented

0:16:11 > 0:16:13to James Keneally.

0:16:13 > 0:16:16When Keneally was evicted, he moved in with his brother, John,

0:16:16 > 0:16:18next door.

0:16:18 > 0:16:21Living just 200 yards away, was Eugene O'Keefe,

0:16:21 > 0:16:25a suspected Moonlighter who was also charged with

0:16:25 > 0:16:30Donovan's murder but was tried separately to Twiss and acquitted.

0:16:30 > 0:16:33The barristers have asked an expert in Irish history,

0:16:33 > 0:16:38Jonathan Moore, to assist them in understanding the political context,

0:16:38 > 0:16:41so they can determine the motive in this case.

0:16:41 > 0:16:45So, can you fill us in with a little bit of the social history about this period?

0:16:45 > 0:16:47In the 19th century, the land question

0:16:47 > 0:16:50was the most important question facing Irish people.

0:16:50 > 0:16:55Far more important than the national question, and the core of the issue

0:16:55 > 0:17:00was that the vast majority of farms in Ireland were owned by people who

0:17:00 > 0:17:01didn't work the farms.

0:17:01 > 0:17:05The farms were worked on by tenant farmers, and so there'd been a

0:17:05 > 0:17:09number of campaigns in the 19th century for tenant farmers

0:17:09 > 0:17:10to actually own their own farms.

0:17:10 > 0:17:13And none of them had been very successful until the

0:17:13 > 0:17:17setting up in 1879 of the Land League, and the Land League was a

0:17:17 > 0:17:21peaceful organisation which used tactics such as boycotting,

0:17:21 > 0:17:23mass meetings, petitions,

0:17:23 > 0:17:25trying to persuade people not to work on a farm

0:17:25 > 0:17:27where the farmer had been evicted.

0:17:27 > 0:17:32So, how did the Moonlighters fit in with this form of protest?

0:17:32 > 0:17:36The Land League believed they could win the argument by peaceful means.

0:17:36 > 0:17:39The Moonlighters believed this did not go far enough, and so,

0:17:39 > 0:17:42in the middle of the night, hence the term "Moonlighting",

0:17:42 > 0:17:44they would kill people.

0:17:44 > 0:17:48The most dangerous thing to be an 19th-century Ireland was an agent.

0:17:48 > 0:17:51The person running the farm for the person who owned the farm.

0:17:51 > 0:17:54- Why is that?- Because the person who owned the farm may either have been

0:17:54 > 0:17:58up in Dublin or in London or whatever, so if you wanted to actually hit a target,

0:17:58 > 0:18:01here was the representative of what was seen as the corrupt

0:18:01 > 0:18:05land system and many of these people ended up having very bloody deaths.

0:18:05 > 0:18:11How common was it for an agent to be murdered

0:18:11 > 0:18:15in the way that, in this case, James Donovan was?

0:18:15 > 0:18:19In areas such as Kerry and Cork and Mayo, it was quite common.

0:18:19 > 0:18:23What there was, was a consensus amongst most Irish people in

0:18:23 > 0:18:25rural Ireland that the system was unjust.

0:18:25 > 0:18:29In terms of trying to police these murders,

0:18:29 > 0:18:33what was the role and respect for the police, if any?

0:18:33 > 0:18:38The police were not respected and so the cooperation with the police is

0:18:38 > 0:18:41very, very poor because people just keep their mouths shut and the major

0:18:41 > 0:18:45problem appears to be that there was not enough evidence to get proper

0:18:45 > 0:18:49convictions and therefore, in some cases, by no means in all cases,

0:18:49 > 0:18:52people would be charged with crimes which they hadn't committed

0:18:52 > 0:18:55but, yes, they were agitators.

0:18:55 > 0:18:58So what you're saying really, I think, is that John Twiss is an outstanding

0:18:58 > 0:19:02example of a situation in which someone who was tainted by

0:19:02 > 0:19:05involvement with Moonlighting

0:19:05 > 0:19:09and so on, could well have been wrongly convicted of a murder

0:19:09 > 0:19:11because of his reputation?

0:19:11 > 0:19:16Yes. I mean, he fits the profile of the kind of person who was picked up

0:19:16 > 0:19:20because he was an agitator and the view of the authorities would be

0:19:20 > 0:19:22it's possible that he might have done it.

0:19:22 > 0:19:26All right. Well, that's been incredibly helpful to put this case

0:19:26 > 0:19:31- of John Twiss into context, so thank you very much indeed.- Thank you.

0:19:31 > 0:19:37Jonathan Moore was quite clear that there were miscarriages of justice

0:19:37 > 0:19:41because of the political background and context

0:19:41 > 0:19:44and the real question here is whether many,

0:19:44 > 0:19:48many people are right to believe that John Twiss was a further victim

0:19:48 > 0:19:51of those miscarriages of justice?

0:19:51 > 0:19:55There's a wealth of anecdotal evidence that

0:19:55 > 0:19:59John Twiss was a victim of a miscarriage of justice, that he was innocent.

0:19:59 > 0:20:04He's entered folklore as somebody who's now got a statue that's been

0:20:04 > 0:20:07put up in his honour. But that isn't really enough.

0:20:07 > 0:20:13I need evidence that can raise the question as to this having been a

0:20:13 > 0:20:17miscarriage of justice, and at the moment, I haven't seen any evidence.

0:20:21 > 0:20:24Helen and Dennis know that there is more to this story than the folklore

0:20:24 > 0:20:27that now surrounds Twiss.

0:20:27 > 0:20:32They've come to Kerry County Library to search the original newspaper reports

0:20:32 > 0:20:35for any key information that will help their case.

0:20:36 > 0:20:38And this one, then, the caption of it is the murder

0:20:38 > 0:20:41of an emergency man in Cork.

0:20:42 > 0:20:46The seven-year-old was put up to talk about his father that was murdered.

0:20:47 > 0:20:49He's saying that he was in the room.

0:20:49 > 0:20:52He was present in the room when two men came in.

0:20:52 > 0:20:54They struck his father in the head.

0:20:54 > 0:20:58They say he was awoken by a loud bang of a window breaking...

0:20:58 > 0:21:00And he recalls the other man saying,

0:21:00 > 0:21:03"Come away, Jack! You have done enough to him."

0:21:03 > 0:21:08This is the very first reporting that you're actually seeing of a young boy

0:21:08 > 0:21:12and that's quite heartbreaking to actually read that.

0:21:12 > 0:21:14I have pity for the young fella, I tell you the truth.

0:21:19 > 0:21:23"Today, a man named John Twiss was charged with the murder of James Donovan.

0:21:23 > 0:21:26"No evidence was offered.

0:21:26 > 0:21:30"The court applied for further remand. The remand was granted."

0:21:30 > 0:21:34Twiss and O'Keefe were both held on remand, week after week,

0:21:34 > 0:21:36remaining in prison for months,

0:21:36 > 0:21:39while the police continued their investigation.

0:21:39 > 0:21:41The judge has asked the solicitor,

0:21:41 > 0:21:46Mr Fitzgibbons, is he going to give any more information or any more evidence,

0:21:46 > 0:21:50and Mr Fitzgibbons says, "I am not in the position to say that yet",

0:21:50 > 0:21:53that he still needed them to be on remand,

0:21:53 > 0:21:55that he doesn't have any evidence.

0:21:55 > 0:21:57They look like they have no evidence.

0:21:57 > 0:22:01It was, like, going week to week hoping they might get someone and...

0:22:01 > 0:22:06Twiss here complains again about being remanded from week to week

0:22:06 > 0:22:09and said that he's innocent of the charge

0:22:09 > 0:22:13In every single article that we've read, innocent is...

0:22:13 > 0:22:16Twiss is saying he's innocent every single time.

0:22:16 > 0:22:19Twiss would go on to spend almost nine months

0:22:19 > 0:22:20in prison awaiting trial.

0:22:20 > 0:22:23But Helen and Dennis are convinced that it was his activities as

0:22:23 > 0:22:26a Moonlighter, rather than the evidence of this case,

0:22:26 > 0:22:28that ultimately saw him hanged.

0:22:28 > 0:22:30Reading from the documents, they did feel that

0:22:30 > 0:22:33the Moonlighters were getting too strong,

0:22:33 > 0:22:37- so maybe this was a way of trying to...- Send a message.

0:22:37 > 0:22:40- ..send a message. - Don't let up. Don't leave them off.

0:22:40 > 0:22:45We have to make an example of O'Keefe and Twiss at all costs.

0:22:47 > 0:22:50Was Twiss's arrest motivated by a desire to cripple the secret

0:22:50 > 0:22:53organisation of Moonlighters?

0:22:53 > 0:22:57Jeremy and Sasha will have to keep this political context in mind while

0:22:57 > 0:23:00looking at the evidence.

0:23:00 > 0:23:03The prosecution relied on three key witnesses.

0:23:03 > 0:23:07The first was Mary Lyons, who said she saw the John Twiss

0:23:07 > 0:23:11near the scene of the crime, shortly before the attack occurred.

0:23:11 > 0:23:16When she heard about the killing the following day, she said nothing.

0:23:16 > 0:23:19In fact, Mary didn't make a statement to the police

0:23:19 > 0:23:23until the 28th of July, several months later,

0:23:23 > 0:23:27when she said between 12 and 1am she heard a horse coming,

0:23:27 > 0:23:30sees two men straddled on the horse

0:23:30 > 0:23:33and identifies John Twiss,

0:23:33 > 0:23:38who she knew for about 12 years, as being one of those men.

0:23:38 > 0:23:44Having said in her statement that she saw John Twiss, when she came to give evidence at trial,

0:23:44 > 0:23:48she added a lot of detail which she hadn't previously mentioned,

0:23:48 > 0:23:54saying that he actually rapped on her window and asked for some bread

0:23:54 > 0:23:57and she said at the trial that Sergeant McNally had been making

0:23:57 > 0:23:59enquiries every day,

0:23:59 > 0:24:03and seemed to hint that she was intimidated or pestered.

0:24:03 > 0:24:06We've got to see this in context.

0:24:06 > 0:24:08She might have been intimidated,

0:24:08 > 0:24:11not necessarily by the police,

0:24:11 > 0:24:14but in terms of the identity of the man

0:24:14 > 0:24:19she had seen and the position that he held in the community,

0:24:19 > 0:24:23being known as a violent activist.

0:24:23 > 0:24:26The second crucial witness was John Brosnan,

0:24:26 > 0:24:30who said that he'd seen Twiss the day before the murder.

0:24:30 > 0:24:34Brosnan said he'd lent a gun to John Twiss, which would fit in with

0:24:34 > 0:24:39the timing and we know that a gun was used as part of the attack in this case,

0:24:39 > 0:24:42- although it didn't cause the fatal injury.- Again, Sasha,

0:24:42 > 0:24:45John Brosnan didn't come forward with his evidence

0:24:45 > 0:24:49until the 14th of July. He appears, from aspects of the trial,

0:24:49 > 0:24:52to have been regarded as a volatile character.

0:24:52 > 0:24:54He said in cross-examination

0:24:54 > 0:24:58that he'd been fed by the police

0:24:58 > 0:25:00in the build-up to the trial.

0:25:00 > 0:25:02Most importantly,

0:25:02 > 0:25:06the prosecution relied on an eyewitness to the crime itself,

0:25:06 > 0:25:08James Donovan's son, John,

0:25:08 > 0:25:10who was just seven years old.

0:25:12 > 0:25:15It is really very, very concerning

0:25:15 > 0:25:18that a seven-year-old boy should be regarded

0:25:18 > 0:25:20as such an important witness.

0:25:20 > 0:25:25I'd be reluctant to say that we just dismiss him because he's a child.

0:25:25 > 0:25:29It's not that he's a child that leads me to suggest that his

0:25:29 > 0:25:34evidence should be discounted, it's the whole of the circumstances.

0:25:34 > 0:25:38The child was asked to identify the two men who had attacked his father.

0:25:38 > 0:25:42At the first ID parade, he failed to identify Twiss.

0:25:42 > 0:25:47At the second, he was instructed to pick out someone he had seen before

0:25:47 > 0:25:51and he then picked out Twiss, who was accompanied by two police officers.

0:25:51 > 0:25:55His testimony was inconsistent and frankly,

0:25:55 > 0:26:00I'm not sure whether any value can be placed on his evidence whatsoever.

0:26:00 > 0:26:05All we know is that his evidence was heard by a jury,

0:26:05 > 0:26:08a jury heard all the prosecution evidence in this case

0:26:08 > 0:26:12and a jury was sure that those witnesses were telling the truth,

0:26:12 > 0:26:16- otherwise they wouldn't have convicted John Twiss.- But it has to be remembered that it wasn't

0:26:16 > 0:26:20a case of the police having the evidence then arresting him,

0:26:20 > 0:26:24it was arrest then securing of the evidence.

0:26:24 > 0:26:27So there was a clear motive on the part of the police

0:26:27 > 0:26:29to pressurise these witnesses into giving

0:26:29 > 0:26:32damaging evidence against John Twiss,

0:26:32 > 0:26:37and my feeling is that the quality of the evidence given by these

0:26:37 > 0:26:40three witnesses against John Twiss was poor.

0:26:40 > 0:26:45Jeremy has grave doubts about the reliability of the witness evidence,

0:26:45 > 0:26:48but is that enough to take this case forward today?

0:26:48 > 0:26:55One of the problems in investigating a conviction for murder in 1894,

0:26:55 > 0:26:58is that however much one's instincts

0:26:58 > 0:27:01might suggest there's something wrong,

0:27:01 > 0:27:04that there's such a paucity of documentation,

0:27:04 > 0:27:08and records didn't have to be kept, and there's no real audit trail.

0:27:09 > 0:27:13At the moment, I'm not overconfident

0:27:13 > 0:27:17that I'll be able to demonstrate my feelings

0:27:17 > 0:27:21in terms of plain evidence, new material, but let's see.

0:27:21 > 0:27:24There's still some distance to go.

0:27:26 > 0:27:30In Ireland, Dennis and Helen continue their own investigation

0:27:30 > 0:27:35into the case of John Twiss by meeting local historian Johnnie Roche,

0:27:35 > 0:27:38who has researched the history of Moonlighting in this part of Kerry.

0:27:38 > 0:27:41It's one of the standout points as was, of both the

0:27:41 > 0:27:45history of the Land War and the Moonlighters.

0:27:45 > 0:27:49The reason that the landlords were so successful

0:27:49 > 0:27:54in evicting tenants was there was always somebody else prepared to come in

0:27:54 > 0:27:59and take the farm, so that was rendered as land grabbing and

0:27:59 > 0:28:02the Moonlighters' idea was

0:28:02 > 0:28:06if they stopped people taking the farm that was evicted,

0:28:06 > 0:28:09then the landlords would be seriously restricted

0:28:09 > 0:28:12because the farm would be lying idle and they'd get no rent.

0:28:12 > 0:28:15It looks like they just wanted someone to pin it on.

0:28:15 > 0:28:20They thought that he would crack and that he would name other Moonlighters,

0:28:20 > 0:28:24which is what they basically wanted, but he refused to do that.

0:28:24 > 0:28:25He paid the ultimate price...

0:28:25 > 0:28:27For his life.

0:28:27 > 0:28:30So you think that's why the story's still alive today,

0:28:30 > 0:28:32for the injustice?

0:28:32 > 0:28:34From the authorities' point of view,

0:28:34 > 0:28:37they took him and hanged him, but

0:28:37 > 0:28:39from people's perspective it wasn't solved.

0:28:40 > 0:28:42Thank you, Johnny, for your time.

0:28:42 > 0:28:45Despite misgivings today, at the time,

0:28:45 > 0:28:49the jury were convinced of Twiss's guilt and he was sentenced to death.

0:28:51 > 0:28:53On the 9th of February, 1895,

0:28:53 > 0:28:57John Twiss was executed at the gaol in Cork, where he had been held

0:28:57 > 0:28:59since his arrest in April 1894.

0:29:04 > 0:29:07Helen and Dennis have come to the site of the prison,

0:29:07 > 0:29:09where University College Cork now stands.

0:29:10 > 0:29:13Only the prison gate remains.

0:29:13 > 0:29:15So judging by the pictures, Helen,

0:29:15 > 0:29:18the people would have gathered right here and...

0:29:18 > 0:29:21- Even from that picture, there's quite a lot of people.- Yeah.

0:29:23 > 0:29:25There is no gravestone or memorial

0:29:25 > 0:29:28to mark Twiss's life or death here

0:29:28 > 0:29:32and Helen and Dennis have never visited the spot where he is buried.

0:29:35 > 0:29:41This would have been the middle of the old prison, Helen.

0:29:41 > 0:29:44Exactly where John Twiss is buried, I do not know.

0:29:44 > 0:29:47I don't think anyone knows any more.

0:29:47 > 0:29:52Probably somewhere around maybe some corner but where we're standing on

0:29:52 > 0:29:54is right in the middle of the old prison.

0:29:54 > 0:29:58Hopefully, John Twiss can be laid to rest

0:29:58 > 0:30:00- knowing that people still think about him.- Yeah,

0:30:00 > 0:30:03and we're just coming here today to pay our respects to John Twiss

0:30:03 > 0:30:07and to say that we started the journey

0:30:07 > 0:30:10to hopefully bring justice to his name.

0:30:13 > 0:30:15Fair enough.

0:30:20 > 0:30:24Twiss was prevented from giving evidence in his own defence,

0:30:24 > 0:30:26by a legal rule at the time.

0:30:26 > 0:30:31On conviction, however, he made a strident speech to the court,

0:30:31 > 0:30:35declaring his innocence and highlighting flaws in the prosecution case.

0:30:35 > 0:30:40Most significantly, I think what happened is that, as part of that speech,

0:30:40 > 0:30:45he told the judge that whilst in custody on remand,

0:30:45 > 0:30:48the chief of police had come to visit him and said that

0:30:48 > 0:30:50he'd be given £50

0:30:50 > 0:30:55if he implicated six other men, which is a very, very worrying thing

0:30:55 > 0:30:58if it happened. It might well suggest

0:30:58 > 0:31:01police didn't have confidence in John Twiss's guilt.

0:31:01 > 0:31:04In fact, on the day of Twiss's execution,

0:31:04 > 0:31:07further statements were made that seemed to support his allegations of

0:31:07 > 0:31:12bribery, corruption, and police interference.

0:31:12 > 0:31:16What's interesting, Jeremy, is that following the execution,

0:31:16 > 0:31:22a coroner's inquest was immediately convened and the question of whether

0:31:22 > 0:31:25there had been any police interference with John Twiss

0:31:25 > 0:31:27whilst he was on remand

0:31:27 > 0:31:32was considered, and in fact, it would appear that

0:31:32 > 0:31:37both the gaoler and the prison chaplain

0:31:37 > 0:31:41expressed their view on John Twiss's innocence,

0:31:41 > 0:31:45which of itself is a bizarre state of affairs.

0:31:45 > 0:31:50But the jury in the coroner's case took it upon themselves to widen the

0:31:50 > 0:31:52scope of their verdict

0:31:52 > 0:31:57and they made this extraordinary statement at the end of the case that -

0:31:57 > 0:32:00"In the face of the solemn, dying declaration

0:32:00 > 0:32:04"made by the deceased on the gallows at Cork Gaol this morning,

0:32:04 > 0:32:09"and on the evidence on oath of the prison chaplain, the medical officer,

0:32:09 > 0:32:10"and the governor,

0:32:10 > 0:32:15"we hereby express our belief in the prisoner's innocence,

0:32:15 > 0:32:19"and consider this case was one in which the prerogative of

0:32:19 > 0:32:22"mercy should have been exercised.

0:32:22 > 0:32:28"Further, that we condemn the system by which police officers are allowed

0:32:28 > 0:32:32"to interrogate and tamper with prisoners awaiting trial."

0:32:34 > 0:32:39So it seems that the jury in the inquest case reached a verdict that

0:32:39 > 0:32:42was wholly at odds, potentially,

0:32:42 > 0:32:46with the verdict reached by the trial jury.

0:32:46 > 0:32:49Hours after his life had been taken from him.

0:32:49 > 0:32:53That is just shockingly worrying, isn't it?

0:32:53 > 0:32:58This startling revelation was made too late to save Twiss from the noose,

0:32:58 > 0:33:00and without supporting evidence,

0:33:00 > 0:33:03it might still be insufficient to clear his name.

0:33:07 > 0:33:11It seems that all the evidence points to Twiss's innocence

0:33:11 > 0:33:14but over 120 years later,

0:33:14 > 0:33:17will the barristers be able to convince a judge

0:33:17 > 0:33:20that the original verdict was unsafe?

0:33:25 > 0:33:27It's judgement day,

0:33:27 > 0:33:30and Jeremy and Sasha face the challenge of presenting modern legal

0:33:30 > 0:33:33arguments on the facts of this historic case.

0:33:35 > 0:33:39Helen and Dennis are eager to hear the barristers' submissions on their

0:33:39 > 0:33:41great-great-uncle's case.

0:33:41 > 0:33:45We're not here to dig up old wounds or blame people, or anything like that.

0:33:45 > 0:33:48We just want a bit of truth, that's all.

0:33:48 > 0:33:51It's been a long journey for us but I suppose

0:33:51 > 0:33:54the journey started 120 years ago for John Twiss,

0:33:54 > 0:33:57so we're hopeful.

0:33:57 > 0:33:58How are you feeling today?

0:33:58 > 0:34:01A bit nervous but looking forward to it as well.

0:34:01 > 0:34:02Yeah, just try and relax

0:34:02 > 0:34:04and if you'd like to follow me,

0:34:04 > 0:34:06we'll now go in and the hearing will take place.

0:34:12 > 0:34:16Senior Crown Court Judge David Radford will bring his decades of

0:34:16 > 0:34:19experience in criminal law to bear on this case,

0:34:19 > 0:34:22and will give his view as to whether the original conviction

0:34:22 > 0:34:24was safe or unsafe.

0:34:24 > 0:34:28We're here today to consider the safety

0:34:28 > 0:34:30of the conviction of John Twiss,

0:34:30 > 0:34:34and so, if I can call upon you, Mr Dein, first,

0:34:34 > 0:34:37to address me in the light of all that we now know.

0:34:38 > 0:34:41Your Honour knows that John Twiss was hanged

0:34:41 > 0:34:43on the 9th of February, 1895,

0:34:43 > 0:34:46for the murder of James Donovan.

0:34:46 > 0:34:49The prosecution case was that John Twiss was

0:34:49 > 0:34:53a prominent member of the Moonlighters,

0:34:53 > 0:34:58the anti-landlord movement, and travelled more than three hours,

0:34:58 > 0:35:03in the depths of night, from Cordal, where he lived, to Glenlara.

0:35:03 > 0:35:06A journey of approximately 16 miles.

0:35:06 > 0:35:12John Twiss's case was that he was not present, did not participate,

0:35:12 > 0:35:15that he was branded as a target by the police

0:35:15 > 0:35:18and wrongly convicted of murder.

0:35:19 > 0:35:24In my submission, the quality of the identification evidence

0:35:24 > 0:35:27is highly questionable and unreliable.

0:35:27 > 0:35:30Mrs Mary Lyons, a tailor's wife,

0:35:30 > 0:35:36told the jury that she and her husband saw Mr Twiss on the

0:35:36 > 0:35:41back of the horse an hour or so before the murder took place,

0:35:41 > 0:35:42passing through Taur,

0:35:42 > 0:35:46approximately two miles from Glenlara,

0:35:46 > 0:35:52and although it was dark, she claimed to have identified Mr Twiss,

0:35:52 > 0:35:54whom she'd known for some years.

0:35:55 > 0:35:59The second and most important witness in the case

0:35:59 > 0:36:01was John Donovan,

0:36:01 > 0:36:04James Donovan's son, who was only seven years old

0:36:04 > 0:36:06at the time of the incident.

0:36:06 > 0:36:11He attended an initial identification parade,

0:36:11 > 0:36:13failed to identify John Twiss

0:36:13 > 0:36:17and picked out someone completely different.

0:36:17 > 0:36:21- A man called Corcoran? - Correct. Thank you, Your Honour.

0:36:21 > 0:36:23He subsequently attended a further parade.

0:36:23 > 0:36:28Bizarrely, John Twiss was flanked by two police officers

0:36:28 > 0:36:32at which, perhaps unsurprisingly, in the circumstances,

0:36:32 > 0:36:34and I would suggest suspiciously,

0:36:34 > 0:36:37he did pick out John Twiss.

0:36:37 > 0:36:40It's my submission that that identification evidence

0:36:40 > 0:36:42is of poor quality

0:36:42 > 0:36:45and in itself

0:36:45 > 0:36:48was not sufficient to found a safe conviction.

0:36:48 > 0:36:50Thank you, Mr Dein.

0:36:50 > 0:36:52Yes, Miss Wass, what do you say?

0:36:52 > 0:36:54Well, Your Honour, the central case of

0:36:54 > 0:36:56the case against John Twiss

0:36:56 > 0:36:59came from the evidence of a seven-year-old boy

0:36:59 > 0:37:03and examining the quality of that identification evidence

0:37:03 > 0:37:05is essential

0:37:05 > 0:37:09before determining whether this conviction can possibly have been

0:37:09 > 0:37:11described as safe or not.

0:37:12 > 0:37:16The boy failed to pick out anyone in the identification parade that was

0:37:16 > 0:37:21first held and, in fact, Your Honour has identified that a volunteer was

0:37:21 > 0:37:25picked out, that it is to say, somebody who was not John Twiss.

0:37:25 > 0:37:28The police tried again, and on that occasion,

0:37:28 > 0:37:32Mr Twiss was in the presence of police officers,

0:37:32 > 0:37:35so it would have been pretty obvious to the boy whom

0:37:35 > 0:37:38he was expected to pick out.

0:37:38 > 0:37:43So for all the circumstances that I've summarised, this was a very,

0:37:43 > 0:37:45very weak identification.

0:37:45 > 0:37:49So I invite the court to dismiss that.

0:37:49 > 0:37:53I then come to the evidence of the Lyons couple

0:37:53 > 0:37:57because the issue is really whether this identification evidence

0:37:57 > 0:38:01would withstand the test of time and it would not.

0:38:01 > 0:38:04If the case came before the court today,

0:38:04 > 0:38:10the judge would be compelled to stop the case at the conclusion of the

0:38:10 > 0:38:14prosecution evidence and there would be no case to go to the jury and

0:38:14 > 0:38:17that would effectively be the end of the matter.

0:38:20 > 0:38:22So I agree with what Mr Dein is saying.

0:38:22 > 0:38:25This is a case which is based on identification evidence

0:38:25 > 0:38:27which was weak

0:38:27 > 0:38:30and to leave it to a jury is dangerous.

0:38:30 > 0:38:35Very well.

0:38:35 > 0:38:38Well, I'm grateful to you both for your submissions.

0:38:38 > 0:38:43I'm going to take some time now to reflect upon them. Thank you.

0:38:43 > 0:38:46Both Jeremy and Sasha are convinced that the original trial

0:38:46 > 0:38:50was built on a foundation of flimsy evidence.

0:38:50 > 0:38:53But will Judge Radford finally give the Twiss family

0:38:53 > 0:38:58the verdict that they've been waiting more than 120 years to hear.

0:38:58 > 0:39:01I mean, how are you feeling about the situation?

0:39:01 > 0:39:02Relieved in one way, I think.

0:39:02 > 0:39:06I think what you've got to remember is that although Jeremy and I

0:39:06 > 0:39:10largely agreed, the judge does not have to agree with us.

0:39:10 > 0:39:12Was the eyewitness evidence of the victim's young son

0:39:12 > 0:39:15unfairly relied upon?

0:39:15 > 0:39:20Should the results of the identification parade have been dismissed?

0:39:20 > 0:39:23And could John Twiss have been verifiably linked

0:39:23 > 0:39:25to the scene of the crime?

0:39:25 > 0:39:28The judge is ready to give his verdict.

0:39:29 > 0:39:35I have had time to consider these matters and reached a conclusion.

0:39:37 > 0:39:40As the trial judge told the jury,

0:39:40 > 0:39:44the case against Mr Twiss rested essentially

0:39:44 > 0:39:48on the reliability of the identification evidence

0:39:48 > 0:39:52of seven-year-old John Donovan.

0:39:52 > 0:39:57He had described two men as being present in his ill-lit home

0:39:57 > 0:40:00during a fast-moving, violent,

0:40:00 > 0:40:02and traumatic incident,

0:40:02 > 0:40:05which must have been extremely frightening for him.

0:40:07 > 0:40:09I agree with learned counsel

0:40:09 > 0:40:15that the identification evidence was clearly unreliable

0:40:15 > 0:40:20and I find, on consideration of the rest of the evidence,

0:40:20 > 0:40:26uncorroborated, unsupported by any other independent evidence,

0:40:26 > 0:40:30whatever the quality or reasons for the accounts given,

0:40:30 > 0:40:34belatedly, as they were, by Mr and Mrs Lyons

0:40:34 > 0:40:40as to the presence of Mr Twiss at Taur, that location was

0:40:40 > 0:40:43a considerable distance from the murder scene

0:40:43 > 0:40:46and cannot, in my judgement,

0:40:46 > 0:40:50have indicated presence at the point which mattered.

0:40:51 > 0:40:57I would add too that the learned judge's directions to the jury on

0:40:57 > 0:41:01the identification issue, so far as can be gleaned from the papers,

0:41:01 > 0:41:05fell short of any proper examination of the issues

0:41:05 > 0:41:09and warnings that the jury should have had in mind.

0:41:09 > 0:41:14I am quite clearly of the opinion that the conviction of

0:41:14 > 0:41:20Mr Twiss for murder was not properly based on evidence which could lead

0:41:20 > 0:41:23to a safe conviction.

0:41:23 > 0:41:28I'm grateful, counsel, for your submissions.

0:41:28 > 0:41:30I shall rise.

0:41:33 > 0:41:37- Thank you, Jeremy. - Congratulations.

0:41:37 > 0:41:41Thank you so much.

0:41:41 > 0:41:47Well, obviously, that's fantastic news and, from my perspective,

0:41:47 > 0:41:51I have to say this incredibly worrying case

0:41:51 > 0:41:53is an outstanding example of how

0:41:53 > 0:41:57dangerous the death penalty is and was.

0:41:57 > 0:42:01The most amazing thing was, I suppose, 120 years ago John Twiss's voice

0:42:01 > 0:42:05wasn't heard, and the people that petitioned for him weren't heard and

0:42:05 > 0:42:08with your help, our voices were heard today.

0:42:10 > 0:42:13That's the most overwhelming thing and

0:42:13 > 0:42:16the verdict has blown our minds.

0:42:16 > 0:42:18It took us a bit to get here.

0:42:18 > 0:42:22It was worth it in the end, I think, because my mother would want us here

0:42:22 > 0:42:25and our family wanted us here so...

0:42:25 > 0:42:27Thank you both for all your hard work.

0:42:27 > 0:42:29- Thank you.- And thanks again.

0:42:30 > 0:42:33Do you know, when you were young, you heard the stories,

0:42:33 > 0:42:35you'd get doubts in your head sometimes -

0:42:35 > 0:42:37"Is it just one side?"

0:42:37 > 0:42:39But now, finally, the legal side has

0:42:39 > 0:42:42agreed with the stories we heard growing up, so...

0:42:42 > 0:42:45Today, it's actually got us justice

0:42:45 > 0:42:50to say that John Twiss's judgement was unsafe.

0:42:50 > 0:42:54That's quite a big step for us

0:42:54 > 0:42:58and it's quite a big step for John Twiss that his voice has been heard.