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The British justice system is the envy of the world, | 0:00:02 | 0:00:05 | |
but in the past mistakes have been made. | 0:00:05 | 0:00:08 | |
Between the year 1900 and the year 1964 | 0:00:08 | 0:00:11 | |
approximately 800 people were hanged in the United Kingdom. | 0:00:11 | 0:00:15 | |
Many of those desperately protested their innocence. | 0:00:16 | 0:00:19 | |
Some of these long-standing convictions could be a miscarriage of justice. | 0:00:19 | 0:00:24 | |
She has received most of the blows in this position once she is already bleeding. | 0:00:24 | 0:00:28 | |
In this series a living relative will attempt to clear their | 0:00:28 | 0:00:32 | |
-family name. -I'm just hoping that this will actually prove what I | 0:00:32 | 0:00:35 | |
believe, that he is innocent. | 0:00:35 | 0:00:37 | |
Searching for new evidence... | 0:00:37 | 0:00:39 | |
I can make the .32 fire both calibres. | 0:00:39 | 0:00:43 | |
..with help from two of the UK's leading barristers. | 0:00:45 | 0:00:49 | |
One for the defence... | 0:00:49 | 0:00:51 | |
This is a very worrying case. | 0:00:51 | 0:00:53 | |
I think the evidence is very suspect. | 0:00:53 | 0:00:56 | |
..and one for the prosecution. | 0:00:56 | 0:00:57 | |
I am still of the view that this was a cogent case of murder committed | 0:00:57 | 0:01:02 | |
during the course of a robbery. | 0:01:02 | 0:01:04 | |
They are on a mission to solve the mystery, | 0:01:04 | 0:01:08 | |
submitting their findings to a Crown Court judge. | 0:01:08 | 0:01:11 | |
There is a real risk that there has been a miscarriage of justice here. | 0:01:11 | 0:01:16 | |
I will look again at the evidence in the light of the arguments that you | 0:01:16 | 0:01:20 | |
both have put before me. | 0:01:20 | 0:01:22 | |
Can this modern investigation | 0:01:22 | 0:01:24 | |
rewrite history? | 0:01:24 | 0:01:26 | |
On the 19th of August 1951, in Liverpool... | 0:01:33 | 0:01:37 | |
..54-year-old widow Beatrice Rimmer was discovered by her son Thomas | 0:01:38 | 0:01:42 | |
bludgeoned to death. | 0:01:42 | 0:01:44 | |
Chief Inspector Herbert Balmer charged petty criminals | 0:01:47 | 0:01:52 | |
22-year-old Edward Devlin | 0:01:52 | 0:01:54 | |
and 21-year-old Alfred Burns with murder. | 0:01:54 | 0:01:57 | |
Despite pleading their innocence, both were found guilty by a jury. | 0:01:59 | 0:02:03 | |
At 9am on April the 25th 1952, | 0:02:05 | 0:02:08 | |
they were executed in a rare double hanging. | 0:02:08 | 0:02:11 | |
63-year-old grandmother Lindsay Langlands is a direct descendant | 0:02:14 | 0:02:19 | |
of Edward Devlin. | 0:02:19 | 0:02:21 | |
She has flown from her life in Australia in search of the truth. | 0:02:24 | 0:02:29 | |
Hi, there. | 0:02:29 | 0:02:30 | |
The Devlin family have always believed that Edward was innocent. | 0:02:32 | 0:02:35 | |
Edward Devlin was my father's cousin. | 0:02:38 | 0:02:40 | |
There was a lot of shame and stigma involved with what went on at that | 0:02:40 | 0:02:44 | |
time, to the extent that my parents never even told me about it or told | 0:02:44 | 0:02:48 | |
anybody else in our family about it. | 0:02:48 | 0:02:50 | |
I am just hoping that given that the evidence is going to be looked at | 0:02:50 | 0:02:53 | |
again, that it will actually prove what I believe from my heart, | 0:02:53 | 0:02:58 | |
that he is innocent, and he should not have been hung in the first place. | 0:02:58 | 0:03:02 | |
From a working-class background, Edward was one of five children. | 0:03:02 | 0:03:06 | |
He lived in the slums of Manchester, and after a short stint in the Army | 0:03:06 | 0:03:10 | |
found himself, aged 21, trying to make ends meet through petty theft. | 0:03:10 | 0:03:14 | |
Certain of his guilt, | 0:03:16 | 0:03:17 | |
Chief Inspector Balmer arrested Edward three months after the murder. | 0:03:17 | 0:03:21 | |
Helping Lindsay unravel the truth are two of the country's top legal minds. | 0:03:25 | 0:03:30 | |
Jeremy Dein QC is a defence lawyer with over 30 years at the criminal bar, | 0:03:32 | 0:03:36 | |
specialising in murder cases. | 0:03:36 | 0:03:38 | |
Sasha Wass QC is a high-profile barrister who has successfully prosecuted | 0:03:42 | 0:03:47 | |
cases of fraud, murder and sexual misconduct. | 0:03:47 | 0:03:50 | |
Hello, Lindsay, good to meet you. | 0:03:53 | 0:03:55 | |
Both have agreed to look into the case. | 0:03:56 | 0:03:58 | |
But first, they have a key question for Lindsay. | 0:04:00 | 0:04:03 | |
Clearly no-one can promise that the outcome will be positive. | 0:04:03 | 0:04:09 | |
Are you ready for the worst if in the end the judge concludes | 0:04:09 | 0:04:13 | |
that these convictions were safe? | 0:04:13 | 0:04:16 | |
I'm quite prepared for that. | 0:04:16 | 0:04:17 | |
Lindsay, you are sure about that? | 0:04:19 | 0:04:20 | |
Because sometimes there are cases where the evidence against a defendant | 0:04:20 | 0:04:25 | |
becomes considerably worse from the material that you already know about. | 0:04:25 | 0:04:31 | |
However, I will be entirely objective, | 0:04:31 | 0:04:35 | |
so if any of the fresh evidence that comes to light | 0:04:35 | 0:04:39 | |
causes doubt on the convictions, I will be raising that. | 0:04:39 | 0:04:45 | |
I'm still happy to go ahead. | 0:04:45 | 0:04:46 | |
I've travelled over 10,000 miles to see this case be reinvestigated | 0:04:46 | 0:04:51 | |
and it's something that is really important for myself and my family. | 0:04:51 | 0:04:55 | |
So, yes, I am prepared. | 0:04:55 | 0:04:58 | |
The barristers will be examining five key areas of the case, | 0:05:00 | 0:05:05 | |
before a reconstruction of the crime itself. | 0:05:05 | 0:05:07 | |
Their findings will then be submitted to a Crown Court judge | 0:05:08 | 0:05:12 | |
who could recommend the case for review | 0:05:12 | 0:05:15 | |
or uphold the original guilty verdict. | 0:05:15 | 0:05:17 | |
First, the barristers need to get to grips with the facts of the murder. | 0:05:17 | 0:05:21 | |
In the 1950s, | 0:05:23 | 0:05:25 | |
Liverpool was at the heart of post-war Britain's world shipping trade. | 0:05:25 | 0:05:29 | |
Working-class families rubbed shoulders with the newly affluent. | 0:05:29 | 0:05:32 | |
And, as a consequence, petty crime was rife. | 0:05:34 | 0:05:37 | |
The murder victim, Beatrice Rimmer, also known as Alice, | 0:05:38 | 0:05:42 | |
was a much-loved widow of a local businessman, | 0:05:42 | 0:05:45 | |
and a doting mother to her only son. | 0:05:45 | 0:05:48 | |
Her death and the subsequent conviction shook the local area | 0:05:50 | 0:05:54 | |
of Wavertree to the core. | 0:05:54 | 0:05:56 | |
With no physical evidence remaining from the original trial, | 0:05:59 | 0:06:02 | |
the barristers are on their way to the crime scene. | 0:06:02 | 0:06:05 | |
Has the house remained the same 65 years after the murder? | 0:06:06 | 0:06:11 | |
So, Jeremy, the photographs reveal quite clearly that the layout of the | 0:06:12 | 0:06:16 | |
house is identical. | 0:06:16 | 0:06:17 | |
The stairway, and the dimensions of the hallway, | 0:06:17 | 0:06:20 | |
and this is really useful to try and work out what happened. | 0:06:20 | 0:06:23 | |
And we can see here from this photograph that Alice Rimmer was found | 0:06:23 | 0:06:29 | |
really lying about here with her head towards the back of the house. | 0:06:29 | 0:06:36 | |
We can see she is still wearing her overcoat, | 0:06:36 | 0:06:38 | |
she still had her umbrella over her arm. | 0:06:38 | 0:06:41 | |
She must have been attacked almost immediately on coming into the house | 0:06:41 | 0:06:46 | |
and then been knocked to the ground. | 0:06:46 | 0:06:48 | |
Alice Rimmer's body was discovered by her son Thomas. | 0:06:50 | 0:06:53 | |
He initially came under suspicion but was soon discounted. | 0:06:53 | 0:06:56 | |
He testified seeing her through the letterbox, lying in the hallway. | 0:06:59 | 0:07:03 | |
Without a key, Thomas was forced to enter through a broken rear window. | 0:07:05 | 0:07:09 | |
The prosecution alleged the motive for the crime was robbery, | 0:07:10 | 0:07:14 | |
but it appeared nothing had been taken. | 0:07:14 | 0:07:16 | |
Lindsay has come to Liverpool Central library to search the archive. | 0:07:22 | 0:07:25 | |
She is hoping to fill in some missing facts about the case. | 0:07:27 | 0:07:30 | |
"Wavertree murder trial opens. | 0:07:32 | 0:07:34 | |
"Blows rained on widow, two accused." | 0:07:34 | 0:07:37 | |
"A queue four deep stretched for about 60 yards outside St George's Hall | 0:07:38 | 0:07:42 | |
"this afternoon, hoping to get into the court." | 0:07:42 | 0:07:45 | |
The case created headlines, and attracted huge crowds to the trial. | 0:07:46 | 0:07:50 | |
But what the world didn't see were the private letters written by | 0:07:51 | 0:07:55 | |
the two defendants to their loved ones. | 0:07:55 | 0:07:58 | |
It's distressing for me to read where Teddy actually does say, | 0:07:58 | 0:08:04 | |
"I can honestly say we are innocent. | 0:08:04 | 0:08:06 | |
"And in time, I hope to prove it." | 0:08:07 | 0:08:10 | |
That, to me, it is just so distressing because it shows his belief in the | 0:08:10 | 0:08:15 | |
system that failed him and hung him, ultimately. | 0:08:15 | 0:08:19 | |
Whilst Lindsay relives her family's emotional past, | 0:08:22 | 0:08:26 | |
the barristers are at the National Archives in London. | 0:08:26 | 0:08:28 | |
It wasn't just the family who believed in the boy's innocence. | 0:08:30 | 0:08:33 | |
The case caused public outcry. | 0:08:33 | 0:08:35 | |
Jeremy, I've got another box here. | 0:08:37 | 0:08:39 | |
There is just an extraordinary amount of material, | 0:08:39 | 0:08:43 | |
bearing in mind that 65 years have elapsed. | 0:08:43 | 0:08:47 | |
This is a petition put together by approximately 6,000 people for the | 0:08:47 | 0:08:53 | |
reprieve of Edward Devlin and Alfred Burns. | 0:08:53 | 0:08:56 | |
Trying to stop these two men from being hanged. | 0:08:56 | 0:09:01 | |
Wading through hundreds of documents, | 0:09:01 | 0:09:04 | |
Sasha has discovered something heart-wrenching. | 0:09:04 | 0:09:07 | |
Jeremy, there's a letter here that I've found from the mothers of | 0:09:07 | 0:09:11 | |
the two to defendants to the Queen. | 0:09:11 | 0:09:14 | |
"May it please Your Majesty, we, your humble servants, | 0:09:14 | 0:09:18 | |
"two working-class widowed mothers, | 0:09:18 | 0:09:20 | |
"respectfully beg to draw your attention urgently to the plight | 0:09:20 | 0:09:24 | |
"of our sons, who are due to die on Friday morning." | 0:09:24 | 0:09:28 | |
"And as a last resort, | 0:09:28 | 0:09:29 | |
"we're appealing to your gracious Majesty's clemency and mercy to intervene | 0:09:29 | 0:09:34 | |
"to save the lives of our sons." | 0:09:34 | 0:09:37 | |
And it's signed by both of them. | 0:09:37 | 0:09:40 | |
So why was there such a huge public outcry to these convictions? | 0:09:40 | 0:09:45 | |
Both testified that they couldn't have been committing the murder on | 0:09:45 | 0:09:48 | |
that night, because they were committing a robbery in another city. | 0:09:48 | 0:09:52 | |
The lads were petty criminals. | 0:09:54 | 0:09:57 | |
Known to the local bobbies, | 0:09:57 | 0:10:00 | |
they maintained that on the night of the murder, they were 40 miles away | 0:10:00 | 0:10:04 | |
at an isolated warehouse on the outskirts of Manchester, | 0:10:04 | 0:10:07 | |
stealing goods for the black market. | 0:10:07 | 0:10:09 | |
But the jury didn't believe a word of it. | 0:10:11 | 0:10:14 | |
Lindsay has come across a harrowing newspaper article. | 0:10:16 | 0:10:19 | |
"As the prison clock struck 9am, yesterday, | 0:10:21 | 0:10:25 | |
"13 weeping women knelt on the edge of the pavement outside Walton Jail, | 0:10:25 | 0:10:30 | |
"Liverpool." In fact, one of those women is my grandmother. | 0:10:30 | 0:10:34 | |
"Nine minutes later, a warden posted up two notices on the prison door, | 0:10:34 | 0:10:39 | |
"Judgment of death had been carried out on Edward Devlin, 23..." | 0:10:39 | 0:10:44 | |
"..and Alfred Burns, 22, | 0:10:47 | 0:10:50 | |
"for the murder of Mrs Beatrice Rimmer." | 0:10:50 | 0:10:53 | |
"While police held back the crowd, a small, grey-haired woman, | 0:10:55 | 0:10:59 | |
"Burns's widowed mother... | 0:10:59 | 0:11:00 | |
"..Mrs Alan Burns... | 0:11:02 | 0:11:03 | |
"..walked alone to the gate... | 0:11:05 | 0:11:07 | |
"..stood for two minutes looking at the sign... | 0:11:09 | 0:11:11 | |
"..then friends led her away weeping." | 0:11:15 | 0:11:18 | |
This is so sad. | 0:11:20 | 0:11:21 | |
"Devlin's mother, Mrs Amy Devlin," who was my great aunt, | 0:11:26 | 0:11:31 | |
46 at the time... | 0:11:31 | 0:11:34 | |
"..was not outside the jail. | 0:11:36 | 0:11:38 | |
"She attended mass in a church near her home in Hulme, Manchester." | 0:11:38 | 0:11:43 | |
Oh, dear. | 0:11:44 | 0:11:46 | |
This is just so sad. | 0:11:46 | 0:11:47 | |
It's just unbelievable that two young blokes like that, | 0:11:47 | 0:11:51 | |
their lives just gone. | 0:11:51 | 0:11:53 | |
Just gone. | 0:11:54 | 0:11:56 | |
The barristers are hoping modern forensics can unlock new evidence. | 0:12:03 | 0:12:07 | |
All that remains are crime scene photographs, | 0:12:09 | 0:12:11 | |
and the scientific reports from the case. | 0:12:11 | 0:12:14 | |
Jeremy's meeting Home Office pathologist Dr Fegan-Earl. | 0:12:15 | 0:12:19 | |
He is hoping to identify a possible murder weapon, | 0:12:19 | 0:12:22 | |
something that was never discovered in the police investigation. | 0:12:22 | 0:12:26 | |
Have you had a chance to look at the original pathology and forensic | 0:12:27 | 0:12:30 | |
-science reports... -Yes, I have. | 0:12:30 | 0:12:31 | |
-And the photographs? -Yes, I have. Thank you. | 0:12:31 | 0:12:33 | |
I want to ask you about the murder weapon. | 0:12:33 | 0:12:35 | |
-Yes. -Devlin and Burns denied having murdered Alice Rimmer, | 0:12:35 | 0:12:40 | |
but they were linked to possession of a cosh. | 0:12:40 | 0:12:43 | |
What's your opinion as to the possibility that a cosh was, indeed, | 0:12:43 | 0:12:47 | |
-the murder weapon? -Looking at the description of the wounds, | 0:12:47 | 0:12:51 | |
they do describe rather a mixture of wounds, | 0:12:51 | 0:12:54 | |
some of which are consistent with impact with a blunt object, | 0:12:54 | 0:12:57 | |
such as a cosh, like a bat. | 0:12:57 | 0:13:00 | |
But also, there are some other wounds with a much sharper edge, | 0:13:00 | 0:13:05 | |
so I don't think a cosh can reasonably explain the totality of injuries on this lady's head. | 0:13:05 | 0:13:11 | |
So, is it your view that both a bladed instrument, such as a knife, | 0:13:11 | 0:13:16 | |
and a cosh type weapon caused these injuries? | 0:13:16 | 0:13:21 | |
You've got two attackers, one with a blunt instrument, one with a knife. | 0:13:21 | 0:13:27 | |
To produce that series of injuries, they're likely to injure one another. | 0:13:28 | 0:13:33 | |
So, you're saying one person | 0:13:33 | 0:13:36 | |
caused these injuries, rather than two people? | 0:13:36 | 0:13:40 | |
Yes, I think that is a reasonable suggestion. | 0:13:40 | 0:13:42 | |
And you'll be able to help us as to the type of weapons that might have | 0:13:42 | 0:13:46 | |
been able to cause these injuries. | 0:13:46 | 0:13:47 | |
-Yes, I'll give that some consideration. -Thank you. | 0:13:47 | 0:13:51 | |
So, the pathological evidence points to a single attacker, | 0:13:51 | 0:13:54 | |
suggesting either Devlin or Burns may be innocent. | 0:13:54 | 0:13:58 | |
Sasha is at Greenwich University with Doctor Jen Guest, | 0:13:59 | 0:14:03 | |
a forensic scientist who specialises in blood pattern analysis. | 0:14:03 | 0:14:08 | |
They're exploring the single attacker theory. | 0:14:08 | 0:14:11 | |
We've got three photographs here, the first showing Mrs Rimmer's body, | 0:14:11 | 0:14:15 | |
and the wall behind her. | 0:14:15 | 0:14:16 | |
And another of a view, you can just see the top of her body there, | 0:14:16 | 0:14:19 | |
looking at that same wall straight on. | 0:14:19 | 0:14:21 | |
And then, we're also looking at the front door. | 0:14:21 | 0:14:23 | |
We've got a cluster of bloodstains right in front of where her head is. | 0:14:23 | 0:14:27 | |
-Yes. -Which seems to radiate away from her head. | 0:14:27 | 0:14:33 | |
And that would suggest to me that she's received a number of blows when she's been in, pretty much, | 0:14:33 | 0:14:37 | |
that position on the floor. | 0:14:37 | 0:14:39 | |
Are there tests that you can do to recreate how blood spatter is formed? | 0:14:39 | 0:14:44 | |
Yes, there's a piece of equipment that we use with the students in the | 0:14:44 | 0:14:47 | |
-lab... -Right. -To recreate impact pattern. | 0:14:47 | 0:14:50 | |
-Can we go and have a look? -So we can see how it looks. | 0:14:50 | 0:14:52 | |
Yeah, absolutely. So, this is the rat trap device. | 0:14:52 | 0:14:55 | |
It's basically a spring-loaded metal plate, which we can pull back, | 0:14:55 | 0:14:59 | |
and it will drop down onto the lower metal plate here and create impact | 0:14:59 | 0:15:02 | |
spatter when we put some blood staining on the lower plate. | 0:15:02 | 0:15:05 | |
OK. | 0:15:05 | 0:15:06 | |
OK, so I just load the blood across the front edge. | 0:15:06 | 0:15:09 | |
It's a bit loud. | 0:15:12 | 0:15:14 | |
OK, so you see how you get clustering of blood staining just straight in | 0:15:16 | 0:15:19 | |
front of the impact area, | 0:15:19 | 0:15:21 | |
which is what we also see in those crime scene photographs, | 0:15:21 | 0:15:23 | |
that clustering of blood staining in front of her head. | 0:15:23 | 0:15:26 | |
And then you also get radiating bloodstains that come away from that | 0:15:26 | 0:15:29 | |
source of impact, which is, again, | 0:15:29 | 0:15:30 | |
what we see in the crime scene photographs. | 0:15:30 | 0:15:33 | |
The blood pattern in the hall shows that Alice received multiple blows. | 0:15:34 | 0:15:39 | |
However, it doesn't prove whether there was one or two assailants. | 0:15:39 | 0:15:42 | |
Lindsay has come to Liverpool prison, | 0:15:50 | 0:15:52 | |
where Edward Devlin and Alfred Burns were hanged. | 0:15:52 | 0:15:55 | |
She wants to pay her respects to the boys, | 0:15:55 | 0:15:58 | |
whose bodies remain in the prison grounds. | 0:15:58 | 0:16:00 | |
It's very difficult. | 0:16:01 | 0:16:04 | |
I've been told to look for a | 0:16:04 | 0:16:06 | |
plaque with number 55. | 0:16:06 | 0:16:08 | |
Where do I start? | 0:16:08 | 0:16:10 | |
Their final resting place is now a car park. | 0:16:10 | 0:16:14 | |
The burial site marked only by a number. | 0:16:14 | 0:16:16 | |
Where are you, Teddy? Where are you? | 0:16:17 | 0:16:21 | |
56... 39... | 0:16:21 | 0:16:24 | |
They're not even in sequence. | 0:16:24 | 0:16:26 | |
55. | 0:16:29 | 0:16:30 | |
And this is all there is to acknowledge two young men, | 0:16:35 | 0:16:38 | |
who I believe were hung innocently for a crime that they didn't commit. | 0:16:38 | 0:16:45 | |
You wanted to have your names cleared of this crime, | 0:16:45 | 0:16:49 | |
and I'm doing my best to do that for you guys. | 0:16:49 | 0:16:52 | |
It's so sad just looking at this. | 0:16:57 | 0:16:59 | |
Here's Teddy and Alfie buried below a car park. | 0:16:59 | 0:17:04 | |
They've just built completely over the top of where their bodies are. | 0:17:05 | 0:17:09 | |
It would be so nice for them to have a proper burial. | 0:17:09 | 0:17:12 | |
I'm hoping that we will be able to give these two young men what they | 0:17:12 | 0:17:17 | |
deserved. | 0:17:17 | 0:17:18 | |
Jeremy and Sasha have come to Merseyside Police Station. | 0:17:34 | 0:17:38 | |
They've been granted access to historic police files. | 0:17:38 | 0:17:41 | |
Sasha, this is an opportunity to look at police files which contain | 0:17:43 | 0:17:47 | |
evidence that was used at the trial, and, from what I believe, | 0:17:47 | 0:17:51 | |
material that wasn't. | 0:17:51 | 0:17:53 | |
19-year-old George McLaughlin was a prolific convicted criminal. | 0:17:53 | 0:17:57 | |
He testified that Burns and Devlin could have carried out the murder. | 0:17:57 | 0:18:01 | |
Jeremy has found a police statement from him that the jury never saw. | 0:18:01 | 0:18:05 | |
Let me start with the witness George McLaughlin. | 0:18:06 | 0:18:09 | |
What's astonishing when you look at these files | 0:18:09 | 0:18:14 | |
is that McLaughlin had in fact named someone completely | 0:18:14 | 0:18:18 | |
different when he first talked about this murder. | 0:18:18 | 0:18:22 | |
He named someone called Dutton. | 0:18:22 | 0:18:25 | |
The defence can not have been told that McLaughlin had named Dutton, | 0:18:25 | 0:18:30 | |
because had the defence been told this would have been used. | 0:18:30 | 0:18:33 | |
This is gold dust type material and it makes me wonder whether these men | 0:18:33 | 0:18:39 | |
were wrongly convicted. | 0:18:39 | 0:18:40 | |
Jeremy, I think the problem that both of us have in this case is that | 0:18:40 | 0:18:44 | |
so little has been properly recorded in the way it would be recorded nowadays. | 0:18:44 | 0:18:48 | |
So we aren't sure with any certainty what was given to the | 0:18:48 | 0:18:51 | |
defence and what wasn't. | 0:18:51 | 0:18:54 | |
21-year-old Manchester girl June Berry testified that she had heard both | 0:18:54 | 0:18:58 | |
boys discussing robbing an old woman just days before the murder. | 0:18:58 | 0:19:02 | |
On the 8th of October, 1951, | 0:19:03 | 0:19:06 | |
June Berry makes a statement to the police and she describes a | 0:19:06 | 0:19:11 | |
conversation with Burns and Devlin | 0:19:11 | 0:19:14 | |
in which they are discussing doing a criminal job | 0:19:14 | 0:19:19 | |
and it is said by Mr Burns, "I think it's worth trying, | 0:19:19 | 0:19:24 | |
"it's easy, the woman has plenty of money. | 0:19:24 | 0:19:26 | |
"If the old woman makes trouble I can easily handle her." | 0:19:26 | 0:19:30 | |
Berry had been romantically linked to Devlin, | 0:19:31 | 0:19:34 | |
but could this have been a motive for accusing him? | 0:19:34 | 0:19:37 | |
I don't find June Berry to be an impressive witness at all. | 0:19:38 | 0:19:42 | |
A week after she made a statement implicating Devlin and Burns, | 0:19:42 | 0:19:47 | |
she made a statement to the police implicating another man. | 0:19:47 | 0:19:51 | |
Whether she was a woman scorned and that that was the motive behind what | 0:19:51 | 0:19:56 | |
-she told the police. -Well, | 0:19:56 | 0:19:57 | |
there's no doubt that the character of June Berry was attacked vehemently | 0:19:57 | 0:20:03 | |
during the course of the trial, particularly in respect of her morals. | 0:20:03 | 0:20:07 | |
I'm not sure how nowadays we would regard it as significant. | 0:20:07 | 0:20:12 | |
Finally, Marie Milne, just 17, | 0:20:13 | 0:20:16 | |
lived with her parents and testified that she met with both men shortly | 0:20:16 | 0:20:20 | |
after the murder. She had the most damning evidence of all. | 0:20:20 | 0:20:23 | |
She had no criminal history. | 0:20:25 | 0:20:27 | |
She didn't blame anyone else at any stage. | 0:20:27 | 0:20:30 | |
And she was drawn into a scheme | 0:20:30 | 0:20:33 | |
to rob Mrs Rimmer and by acting as a lookout. | 0:20:33 | 0:20:38 | |
Devlin has blood on his handkerchief, which is binding his hand, | 0:20:38 | 0:20:44 | |
and at one stage she heard Devlin say to Burn, "Will the woman live?" | 0:20:44 | 0:20:51 | |
and Burn says, "to hell with the woman, | 0:20:51 | 0:20:53 | |
"we'll be out of Liverpool before long." | 0:20:53 | 0:20:56 | |
Sasha, what I say is that you have taken Marie Milne's evidence at face value. | 0:20:56 | 0:21:01 | |
Jeremy, the jury must have been sure that she was telling the truth | 0:21:01 | 0:21:05 | |
when she spoke about Burns' and Devlin's guilt. | 0:21:05 | 0:21:08 | |
As the barristers make progress, | 0:21:11 | 0:21:13 | |
Lindsay is keen to learn more about Alfred Burns. | 0:21:13 | 0:21:17 | |
She's arranged to meet his cousin, Angela, and her daughter, Donna, | 0:21:17 | 0:21:19 | |
for the first time. They're meeting at the White Lion pub in Manchester, | 0:21:19 | 0:21:24 | |
where Devlin and Burns used to drink. | 0:21:24 | 0:21:26 | |
I actually went to the library and you might be interested in having | 0:21:27 | 0:21:30 | |
a look at this, it's one of the clippings from one of the papers at the time, | 0:21:30 | 0:21:36 | |
and my grandmother is in it, actually. | 0:21:36 | 0:21:40 | |
-Oh. -That's her, there. | 0:21:40 | 0:21:42 | |
-Yeah. -Devlin... | 0:21:42 | 0:21:43 | |
I can't remember, I've looked at so many different articles of the time, | 0:21:46 | 0:21:51 | |
but to actually see | 0:21:51 | 0:21:54 | |
a picture there... | 0:21:54 | 0:21:56 | |
Sat down kneeling. | 0:21:56 | 0:21:58 | |
It's heartbreaking, isn't it? | 0:21:58 | 0:21:59 | |
Them kneeling, praying, look at them all, and look at their faces. | 0:21:59 | 0:22:04 | |
I lost my daughter, so I know how Aunt Nellie must be feeling, | 0:22:05 | 0:22:10 | |
and under those circumstances. | 0:22:10 | 0:22:12 | |
Yes, yeah. | 0:22:12 | 0:22:14 | |
-That's awful. -You can't imagine what it must be like for a mother when | 0:22:14 | 0:22:19 | |
that life has been taken. | 0:22:19 | 0:22:21 | |
Yeah. That still feels, | 0:22:21 | 0:22:24 | |
you know, that's our family. | 0:22:24 | 0:22:25 | |
I just don't feel that they ever had a fair trial. | 0:22:28 | 0:22:31 | |
-They didn't. -No, of course they didn't. | 0:22:31 | 0:22:34 | |
The fact that they didn't get their sons' bodies. | 0:22:34 | 0:22:37 | |
Not only have they lost | 0:22:39 | 0:22:42 | |
their children, they weren't able to bury them. | 0:22:42 | 0:22:45 | |
-That's right. -It's never too late to right a wrong. | 0:22:45 | 0:22:50 | |
More often than not people who commit murders, | 0:22:50 | 0:22:52 | |
it's usually people that they know. | 0:22:52 | 0:22:55 | |
-Yes. -More often than not. | 0:22:55 | 0:22:57 | |
Well, we all have our theories about that. | 0:22:57 | 0:22:59 | |
-That's right. -Yeah, exactly. | 0:22:59 | 0:23:02 | |
The barristers have brought the evidence and the experts together for a | 0:23:05 | 0:23:09 | |
reconstruction of the crime scene. | 0:23:09 | 0:23:11 | |
Will it reveal what really happened that night? | 0:23:12 | 0:23:15 | |
Can it prove if Devlin and Burns committed the murder? | 0:23:15 | 0:23:19 | |
And if not, who did? | 0:23:19 | 0:23:21 | |
Pathologist Dr Fegan-Earl is first to reveal his findings. | 0:23:22 | 0:23:26 | |
You've got a reconstruction of something how it might look. | 0:23:26 | 0:23:30 | |
We can see her opening the door. | 0:23:32 | 0:23:35 | |
She's suddenly taken aback, puts her arm up, | 0:23:35 | 0:23:39 | |
falls to the ground in the position that we have her, | 0:23:39 | 0:23:42 | |
as demonstrated here. | 0:23:42 | 0:23:44 | |
I think that this demonstrates the small area in which the assault has | 0:23:44 | 0:23:50 | |
taken place. | 0:23:50 | 0:23:51 | |
Can Dr Fegan-Earl link one murder weapon to the two types of injuries | 0:23:53 | 0:23:57 | |
inflicted to Mrs Rimmer, therefore supporting the single attacker theory? | 0:23:57 | 0:24:01 | |
One weapon suggested by the prosecution was a cosh. | 0:24:02 | 0:24:06 | |
Can we start, please, with the cosh? | 0:24:06 | 0:24:09 | |
Well, if we look at the cosh, it's a typical example of a blunt weapon, | 0:24:09 | 0:24:14 | |
but it would not explain the very clean edged wounds that were described | 0:24:14 | 0:24:18 | |
by the original pathologist. | 0:24:18 | 0:24:20 | |
What about a more common implement, like an axe? | 0:24:20 | 0:24:23 | |
Well, if we look at what this weapon has, | 0:24:23 | 0:24:27 | |
it has a clean cutting edge. | 0:24:27 | 0:24:29 | |
It's got blunt faces, causing those bruised, irregular areas, | 0:24:29 | 0:24:34 | |
and it's also got a degree of weight, | 0:24:34 | 0:24:36 | |
and you will recall there were fractures to the skull, | 0:24:36 | 0:24:38 | |
so I believe this object has all of the features if one implement only was used. | 0:24:38 | 0:24:44 | |
So, it's possible from the pathological perspective that one person | 0:24:44 | 0:24:49 | |
did all of this to Mrs Rimmer with one implement? | 0:24:49 | 0:24:53 | |
Yes, I believe that is plausible, yes. | 0:24:53 | 0:24:55 | |
That's very interesting. | 0:24:55 | 0:24:58 | |
So the reconstruction has already indicated that the likely murder weapon | 0:24:58 | 0:25:01 | |
was an axe, not a cosh, and was handled by a single assailant. | 0:25:01 | 0:25:05 | |
Next, forensic scientist Dr Jen Guest, | 0:25:07 | 0:25:10 | |
who thinks the key in the case could be the broken window discovered by | 0:25:10 | 0:25:14 | |
Thomas Rimmer. | 0:25:14 | 0:25:15 | |
So, we're in the parlour at the back of the house and this is the window. | 0:25:16 | 0:25:22 | |
The prosecution hinted at the suggestion that Devlin and Burns had got | 0:25:22 | 0:25:27 | |
through that window into Mrs Rimmer's home before killing her. | 0:25:27 | 0:25:33 | |
Is there any forensic evidence to support that suggestion? | 0:25:33 | 0:25:37 | |
No, the forensic statement said they found no evidence that anyone had come in through the window. | 0:25:37 | 0:25:41 | |
There were no fingerprints, no fibres, | 0:25:41 | 0:25:44 | |
no scuffs or marks of any kind to suggest someone had come in through the window. | 0:25:44 | 0:25:48 | |
But Thomas Rimmer told the police that he did climb through that window. | 0:25:49 | 0:25:55 | |
He said that he got to his mother's home, looked through the letterbox, | 0:25:55 | 0:26:00 | |
saw her lying on the ground, couldn't get in, went round the back, | 0:26:00 | 0:26:05 | |
saw the window broken and climbed in. | 0:26:05 | 0:26:10 | |
Thomas Rimmer had to demonstrate to the police three times how he got | 0:26:10 | 0:26:13 | |
through the window, only once managing to do it | 0:26:13 | 0:26:16 | |
without leaving any marks. | 0:26:16 | 0:26:18 | |
We can see in the photograph you had there of Thomas Rimmer, | 0:26:19 | 0:26:21 | |
he's having to put his hand on the window there to steady himself as he | 0:26:21 | 0:26:25 | |
climbs through, so we would really expect to find fingermarks on the | 0:26:25 | 0:26:28 | |
window, and then we look at how narrow the opening is, | 0:26:28 | 0:26:32 | |
and the sharp edges we have from the glass. | 0:26:32 | 0:26:35 | |
I'd have expected him to catch his clothing on there as well, | 0:26:35 | 0:26:37 | |
and possibly transfer some fibres. | 0:26:37 | 0:26:39 | |
Thomas was wearing a Harris tweed jacket, much like this one, | 0:26:39 | 0:26:43 | |
and you can see that the fibres are quite prominent on it, | 0:26:43 | 0:26:47 | |
they are quite loose, and in fact fibres have been transferred to the | 0:26:47 | 0:26:50 | |
window even just from me pulling it through just then. | 0:26:50 | 0:26:54 | |
How likely is it in your view that Thomas Rimmer climbed through that | 0:26:54 | 0:27:00 | |
-broken window? -I think, | 0:27:00 | 0:27:01 | |
based on the evidence that they talk about at the time, | 0:27:01 | 0:27:04 | |
it's very unlikely that he climbed through that window. | 0:27:04 | 0:27:07 | |
None of the forensic evidence supports the case against Burns and Devlin. | 0:27:07 | 0:27:12 | |
We really need to find out more about Thomas Rimmer. | 0:27:12 | 0:27:17 | |
Jeremy, we still don't have any explanation as to why he would want to kill his mother. | 0:27:17 | 0:27:22 | |
With the submissions to the judge looming, | 0:27:27 | 0:27:30 | |
the barristers are closing in on potential new evidence. | 0:27:30 | 0:27:33 | |
So Lindsay has returned to London for an update. | 0:27:37 | 0:27:41 | |
Lindsay, since you and I last met Jeremy and I have been to Liverpool. | 0:27:41 | 0:27:47 | |
We've looked at the evidence relating to the main prosecution witnesses | 0:27:47 | 0:27:52 | |
and I have to say on that evidence alone I have not had cause to question | 0:27:52 | 0:27:58 | |
the safety of the convictions. | 0:27:58 | 0:28:01 | |
So actually, quite frankly, | 0:28:01 | 0:28:02 | |
I don't give a stuff about what you think or the jury, | 0:28:02 | 0:28:07 | |
or the people who gave evidence at that trial, | 0:28:07 | 0:28:11 | |
because as far as I'm concerned | 0:28:11 | 0:28:13 | |
there was a lot of lies that were told, | 0:28:13 | 0:28:15 | |
there was a lot of evidence that wasn't put forward, | 0:28:15 | 0:28:18 | |
and I will be relying on what Jeremy will be telling me. | 0:28:18 | 0:28:24 | |
Lindsay, I just want to reassure you that in my view there is still a | 0:28:24 | 0:28:30 | |
considerable way to go. | 0:28:30 | 0:28:31 | |
Lindsay, I do have more to tell you, | 0:28:31 | 0:28:33 | |
because Jeremy and I spent some time at a reconstruction, | 0:28:33 | 0:28:38 | |
and it is now clear to both of us that there is nothing scientific to | 0:28:38 | 0:28:44 | |
connect Mr Devlin and Mr Burns to the killing of Alice Rimmer. | 0:28:44 | 0:28:49 | |
Well, that, at least that gives me some more reason to feel | 0:28:49 | 0:28:55 | |
a bit more positive. | 0:28:55 | 0:28:58 | |
So, the reconstruction has revealed inconsistencies in the testimony of | 0:28:58 | 0:29:02 | |
Alice Rimmer's own son, Thomas. | 0:29:02 | 0:29:05 | |
And the jury was never informed he was an early suspect in the case. | 0:29:08 | 0:29:12 | |
I've now seen a good deal of material, and I'm really concerned about the | 0:29:15 | 0:29:19 | |
quality of the police investigation. | 0:29:19 | 0:29:22 | |
After more than 30 years as a criminal defence barrister, | 0:29:23 | 0:29:27 | |
my instinct is my best friend, | 0:29:27 | 0:29:29 | |
and I have a hunch that the senior investigating officer behaved | 0:29:29 | 0:29:34 | |
improperly and that he might well have influenced subordinate officers | 0:29:34 | 0:29:39 | |
to do the same, so this is an area I feel might well be very important. | 0:29:39 | 0:29:46 | |
I could be wrong, but that's my instinct. | 0:29:46 | 0:29:49 | |
Jeremy knows if he can find something to cast doubt on the police | 0:29:50 | 0:29:53 | |
investigation he might be able to persuade the judge. | 0:29:53 | 0:29:56 | |
Two years before Devlin and Burns were charged with murder, | 0:30:00 | 0:30:03 | |
Chief Inspector Balmer led another case - the Cameo Cinema murders. | 0:30:03 | 0:30:09 | |
More than 50 years later, books on this case have been published by crime writer George Skelly. | 0:30:10 | 0:30:17 | |
So, George, how did you first become interested | 0:30:17 | 0:30:20 | |
in the Devlin and Burns case? | 0:30:20 | 0:30:23 | |
Through writing my previous book about the Cameo murder case, in which | 0:30:23 | 0:30:28 | |
Bert Balmer was involved in both cases as chief investigating officer. | 0:30:28 | 0:30:32 | |
So there was a common chief officer in both cases, | 0:30:32 | 0:30:35 | |
and I believe that thanks, in part, to your book, | 0:30:35 | 0:30:39 | |
the Cameo murder convictions were quashed by the Court of Appeal. | 0:30:39 | 0:30:43 | |
-Yes. -Bert Balmer, the senior officer, was branded a liar. | 0:30:43 | 0:30:47 | |
Yes, in 2003 he was branded a liar. | 0:30:47 | 0:30:49 | |
-By the Court of Appeal. -By the Court of Appeal. | 0:30:49 | 0:30:52 | |
He was condemned for deliberate concealment of evidence | 0:30:52 | 0:30:56 | |
and suborning witnesses. | 0:30:56 | 0:30:58 | |
Do you believe that if the jury in the Devlin and Burns case had known | 0:30:58 | 0:31:02 | |
Balmer was a liar that it might have made a difference to the verdict? | 0:31:02 | 0:31:05 | |
Oh, the verdict would have been not guilty. | 0:31:05 | 0:31:09 | |
The two men would have been acquitted, without doubt. | 0:31:09 | 0:31:12 | |
They'd have been acquitted. | 0:31:12 | 0:31:13 | |
The clear victim in this case was the brutally murdered Alice Rimmer. | 0:31:14 | 0:31:18 | |
But the Burns and Devlin families have also suffered, | 0:31:20 | 0:31:23 | |
living with the social stigma of having an executed murderer | 0:31:23 | 0:31:27 | |
in the family. | 0:31:27 | 0:31:29 | |
-Hello. -Hi. -Lindsay is meeting with her brother, | 0:31:31 | 0:31:36 | |
who was secretly put up for adoption by the Devlin family at the time of | 0:31:36 | 0:31:39 | |
the execution. | 0:31:39 | 0:31:41 | |
Mum and Dad never told any of us about Teddy or about you, | 0:31:41 | 0:31:45 | |
and, I mean, they're two significant things that happened in their lives. | 0:31:45 | 0:31:50 | |
Well, it was a long time ago. You know, times were different then. | 0:31:50 | 0:31:54 | |
Attitudes were different to unmarried mothers. | 0:31:54 | 0:31:56 | |
-Yeah. -You have no real idea | 0:31:56 | 0:31:59 | |
and there's no real way we can maybe find out | 0:31:59 | 0:32:04 | |
what the situation was and why things happened the way they happened. | 0:32:04 | 0:32:07 | |
I just can't imagine Mum even being unmarried, adopting a baby out. | 0:32:07 | 0:32:13 | |
I just can't see it, and I feel sad because we've missed out on | 0:32:13 | 0:32:17 | |
all those years, you know? | 0:32:17 | 0:32:20 | |
When we didn't know each other. | 0:32:20 | 0:32:23 | |
I never, ever imagined that I'd have five sisters and a brother. | 0:32:23 | 0:32:29 | |
Like 10,000 miles away on the other side of the world. | 0:32:29 | 0:32:32 | |
Yeah, yeah. So what's your thoughts about all this what happened with | 0:32:32 | 0:32:35 | |
Teddy being hung and everything? | 0:32:35 | 0:32:37 | |
Who knows what the end result is going to be? | 0:32:37 | 0:32:40 | |
But I reckon what anybody is looking for | 0:32:40 | 0:32:44 | |
is for the truth to come out and for there to be justice. | 0:32:44 | 0:32:48 | |
Yes, yes, that's exactly right. | 0:32:48 | 0:32:50 | |
I believe whoever committed that murder is still out there. | 0:32:50 | 0:32:53 | |
It's the night before Judgment Day and both barristers are still hunting | 0:32:57 | 0:33:01 | |
for more key evidence. | 0:33:01 | 0:33:03 | |
Sasha has discovered a vital document that was also never revealed to the jury. | 0:33:04 | 0:33:09 | |
The police found a letter dated the 20th of July, 1951, | 0:33:10 | 0:33:15 | |
so that's a month before Mrs Rimmer was killed, | 0:33:15 | 0:33:20 | |
and it was a letter she wrote to her husband's pension provider, | 0:33:20 | 0:33:24 | |
and it reads as follows. | 0:33:24 | 0:33:26 | |
"I'm sorry to add that I cannot look for any help or sympathy from my son. | 0:33:26 | 0:33:31 | |
"I have not dared tell him about this extra allowance. | 0:33:32 | 0:33:35 | |
"I have given and given, but now firmly resolved not another penny. | 0:33:35 | 0:33:40 | |
"Money slips like water through his hands and now he is realising what he's done. | 0:33:40 | 0:33:46 | |
"I do know that if I passed out he would have a royal time of it for | 0:33:46 | 0:33:51 | |
-"a few months." -Well that's just incredible because it seems to me that this letter, | 0:33:51 | 0:33:57 | |
and that sentence in particular, | 0:33:57 | 0:34:00 | |
provides Thomas Rimmer with a clear potential motive for killing his mother, | 0:34:00 | 0:34:07 | |
and I am very concerned that this letter appears not to have been | 0:34:07 | 0:34:14 | |
disclosed to the defence. | 0:34:14 | 0:34:16 | |
The legal arguments have been prepared. | 0:34:23 | 0:34:26 | |
And now it falls for His Honour Judge David Radford, to deliberate. | 0:34:26 | 0:34:29 | |
Based on his expert opinion, | 0:34:31 | 0:34:33 | |
he will recommend if the case should be reviewed or not. | 0:34:33 | 0:34:36 | |
Finally, the day's here. | 0:34:39 | 0:34:41 | |
This is what I've been waiting for. | 0:34:41 | 0:34:43 | |
The evidence is going to be presented to the judge by Sasha and Jeremy. | 0:34:43 | 0:34:47 | |
I can only wait to see what he has to say. | 0:34:47 | 0:34:50 | |
There's no guarantee with that, | 0:34:50 | 0:34:51 | |
but the one guarantee that I do have is regardless of whatever the outcome is, | 0:34:51 | 0:34:55 | |
I will not stop until Teddy and Alfie's names have been cleared. | 0:34:55 | 0:35:01 | |
Judge Radford has over 40 years of experience at the criminal bar. | 0:35:04 | 0:35:09 | |
He's tried many murder cases and sat at the Court of Appeal. | 0:35:09 | 0:35:12 | |
He'll be treating this matter as he would any other case. | 0:35:13 | 0:35:16 | |
Today I shall be considering fresh material and the arguments from learned counsel | 0:35:20 | 0:35:25 | |
presented to me in order for me to decide if I should recommend | 0:35:25 | 0:35:31 | |
further reconsideration of this case. | 0:35:31 | 0:35:36 | |
-Mr Dean. -Your Honour, my first submission | 0:35:36 | 0:35:41 | |
is that the prosecution case substantially depended upon the evidence of | 0:35:41 | 0:35:46 | |
fundamentally unreliable witnesses. | 0:35:46 | 0:35:48 | |
George McLaughlin, | 0:35:48 | 0:35:51 | |
a convicted criminal. | 0:35:51 | 0:35:52 | |
He named someone else as the killer. | 0:35:52 | 0:35:55 | |
Second, June Berry, | 0:35:55 | 0:35:57 | |
21, who claimed to have overheard the defendants talk in advance of | 0:35:57 | 0:36:02 | |
robbing an old woman in Liverpool. | 0:36:02 | 0:36:05 | |
Unreliable witnesses, submit the defence, | 0:36:05 | 0:36:08 | |
a very weak foundation for the prosecution case. | 0:36:08 | 0:36:11 | |
-Miss Wass. -Your Honour, | 0:36:11 | 0:36:13 | |
the jury were in the best possible position to evaluate the evidence of | 0:36:13 | 0:36:18 | |
these witnesses, and by their verdicts the jury determined that they were | 0:36:18 | 0:36:22 | |
telling the truth on the central issue, namely the defendants' guilt. | 0:36:22 | 0:36:27 | |
Yes, Mr Dean, move to your next point. | 0:36:27 | 0:36:29 | |
Your Honour, my next point is that the prosecution failed to disclose | 0:36:29 | 0:36:34 | |
information about other suspects, | 0:36:34 | 0:36:37 | |
in particular, Alice Rimmer's son... | 0:36:37 | 0:36:41 | |
..who was the first suspect to be interviewed by police. | 0:36:42 | 0:36:46 | |
The last to see his mother alive. | 0:36:46 | 0:36:49 | |
His account was bizarre and unsupported by forensic evidence. | 0:36:49 | 0:36:54 | |
Thank you. Yes, Miss Wass. | 0:36:54 | 0:36:56 | |
Your Honour, I can deal with this shortly. | 0:36:56 | 0:36:58 | |
All the other suspects in this case were thoroughly investigated by the | 0:36:58 | 0:37:01 | |
police and found to have little connection, if any, | 0:37:01 | 0:37:06 | |
with Cranborne Road on the 19th of August 1951. | 0:37:06 | 0:37:10 | |
Your Honour, my final submission is my most important. | 0:37:10 | 0:37:14 | |
It relies on the fact that decades after Mr Devlin and Mr Burns were | 0:37:14 | 0:37:19 | |
executed, the Court of Appeal found that the senior investigating officer, Herbert Balmer, | 0:37:19 | 0:37:26 | |
had lied and concealed evidence | 0:37:26 | 0:37:29 | |
in another case, the Cameo cinema murders, | 0:37:29 | 0:37:33 | |
which occurred shortly before this case. | 0:37:33 | 0:37:36 | |
That officer, Herbert Balmer, has his footprints over both investigations. | 0:37:38 | 0:37:45 | |
Both, I submit, are characterised by | 0:37:45 | 0:37:48 | |
the nondisclosure of important information. | 0:37:48 | 0:37:52 | |
It is my submission that this new material fundamentally supports the | 0:37:52 | 0:37:58 | |
proposition that the defendants were wrongly convicted and might well in | 0:37:58 | 0:38:02 | |
those circumstances have been unjustly executed. | 0:38:02 | 0:38:07 | |
Thank you. Miss Wass. | 0:38:07 | 0:38:09 | |
Throughout the investigation Sasha has been weighing up the prosecution's case. | 0:38:09 | 0:38:14 | |
But will she side with Jeremy on his final submission? | 0:38:14 | 0:38:18 | |
The real question, as the Crown sees it to be, | 0:38:19 | 0:38:23 | |
is had the defence in the Devlin and Burns case | 0:38:23 | 0:38:27 | |
been aware of Mr Balmer's misconduct, | 0:38:27 | 0:38:31 | |
and the similarities with the Cameo murder case, | 0:38:31 | 0:38:36 | |
might the verdict have been different? | 0:38:36 | 0:38:39 | |
And I consider that it might. | 0:38:39 | 0:38:42 | |
So in all those circumstances, | 0:38:42 | 0:38:44 | |
I have no option but to support Mr Dein's submissions in this regard. | 0:38:44 | 0:38:50 | |
Thank you for your submissions, | 0:38:52 | 0:38:53 | |
I'm going to consider them in conjunction with the written papers, | 0:38:53 | 0:38:57 | |
which I have read already and will now reconsider in the light of your | 0:38:57 | 0:39:01 | |
arguments, and in due course I will let you know my view. | 0:39:01 | 0:39:06 | |
Thank you very much, Your Honour. | 0:39:06 | 0:39:07 | |
The barristers have done all they can to convince the judge that this case should be reviewed. | 0:39:09 | 0:39:14 | |
For Lindsay, it could be the start of a legal process to get an official pardon, | 0:39:15 | 0:39:20 | |
or it could be the end of any hope that the convictions | 0:39:20 | 0:39:24 | |
are overturned. | 0:39:24 | 0:39:25 | |
It's difficult to know how that went. | 0:39:29 | 0:39:31 | |
Judge has got a poker face, he keeps his judgment very close to his chest. | 0:39:31 | 0:39:37 | |
Well, can I say first of all, you mustn't raise your hopes in any way, | 0:39:37 | 0:39:42 | |
the result remains unpredictable. | 0:39:42 | 0:39:44 | |
We just have to wait and see. OK. | 0:39:44 | 0:39:47 | |
Were the witnesses flawed? | 0:39:49 | 0:39:51 | |
Was this the real murder weapon? | 0:39:51 | 0:39:54 | |
Was a key suspect overlooked? | 0:39:54 | 0:39:56 | |
And was the whole investigation discredited by the leading detective? | 0:39:56 | 0:40:00 | |
The judge calls Lindsay and the barristers for his final verdict. | 0:40:02 | 0:40:05 | |
The long shadow of the gallows inevitably casts a baleful light over this case. | 0:40:08 | 0:40:15 | |
It is true that the civilian witnesses had inconsistencies in their accounts. | 0:40:15 | 0:40:21 | |
However, these were matters for the jury, | 0:40:21 | 0:40:25 | |
who saw and heard them. | 0:40:25 | 0:40:27 | |
I find no proper basis for reviewing the convictions on this basis alone. | 0:40:27 | 0:40:33 | |
I believe the fact that Mr Balmer, | 0:40:35 | 0:40:38 | |
his involvement in that Cameo cinema case, | 0:40:38 | 0:40:42 | |
tainted him as an investigating officer. | 0:40:42 | 0:40:45 | |
And if the extent of his being tainted had been known to the defence in | 0:40:46 | 0:40:51 | |
this Devlin/Burns case at the trial, that, | 0:40:51 | 0:40:55 | |
together with the disclosure of evidence that should have been made known | 0:40:55 | 0:41:00 | |
to the defence at the time could have had a significant impact on the | 0:41:00 | 0:41:06 | |
jury's evaluation of the evidence that was presented to them. | 0:41:06 | 0:41:11 | |
After full consideration, I concur | 0:41:15 | 0:41:19 | |
that there are proper grounds here for re-referring this case to the | 0:41:19 | 0:41:24 | |
commission, to evaluate whether the Court of Appeal should be asked to | 0:41:24 | 0:41:29 | |
consider the case again. | 0:41:29 | 0:41:31 | |
-Congratulations. -Thank you, Jeremy. | 0:41:37 | 0:41:41 | |
Thank you, Sasha. | 0:41:42 | 0:41:44 | |
If I may say so, it's absolutely the correct decision. | 0:41:48 | 0:41:52 | |
Anyone who has been wrongly executed deserves justice, | 0:41:52 | 0:41:56 | |
and so does Mrs Rimmer. | 0:41:56 | 0:41:58 | |
And this is the beginning of, hopefully, | 0:41:58 | 0:42:01 | |
getting to the end of what has been an extraordinarily difficult journey | 0:42:01 | 0:42:05 | |
for, for all concerned. | 0:42:05 | 0:42:08 | |
Thank you. Thank you so much. | 0:42:08 | 0:42:10 | |
I'm feeling happy, but I'm very overwhelmed, of course. | 0:42:14 | 0:42:18 | |
It feels really good to know that the judge has seen this new evidence | 0:42:18 | 0:42:22 | |
and that he is in agreement that, you know, | 0:42:22 | 0:42:25 | |
there is grounds there for a review. | 0:42:25 | 0:42:27 | |
And I will just now keep going until their names are cleared. | 0:42:29 | 0:42:33 |