Episode 2 Murder, Mystery and My Family


Episode 2

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The British justice system is the envy of the world,

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but in the past mistakes have been made.

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Between the year 1900 and the year 1964

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approximately 800 people were hanged in the United Kingdom.

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Many of those desperately protested their innocence.

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Some of these long-standing convictions could be a miscarriage of justice.

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She has received most of the blows in this position once she is already bleeding.

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In this series a living relative will attempt to clear their

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-family name.

-I'm just hoping that this will actually prove what I

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believe, that he is innocent.

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Searching for new evidence...

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I can make the .32 fire both calibres.

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..with help from two of the UK's leading barristers.

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One for the defence...

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This is a very worrying case.

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I think the evidence is very suspect.

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..and one for the prosecution.

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I am still of the view that this was a cogent case of murder committed

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during the course of a robbery.

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They are on a mission to solve the mystery,

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submitting their findings to a Crown Court judge.

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There is a real risk that there has been a miscarriage of justice here.

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I will look again at the evidence in the light of the arguments that you

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both have put before me.

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Can this modern investigation

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rewrite history?

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On the 19th of August 1951, in Liverpool...

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..54-year-old widow Beatrice Rimmer was discovered by her son Thomas

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bludgeoned to death.

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Chief Inspector Herbert Balmer charged petty criminals

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22-year-old Edward Devlin

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and 21-year-old Alfred Burns with murder.

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Despite pleading their innocence, both were found guilty by a jury.

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At 9am on April the 25th 1952,

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they were executed in a rare double hanging.

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63-year-old grandmother Lindsay Langlands is a direct descendant

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of Edward Devlin.

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She has flown from her life in Australia in search of the truth.

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Hi, there.

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The Devlin family have always believed that Edward was innocent.

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Edward Devlin was my father's cousin.

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There was a lot of shame and stigma involved with what went on at that

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time, to the extent that my parents never even told me about it or told

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anybody else in our family about it.

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I am just hoping that given that the evidence is going to be looked at

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again, that it will actually prove what I believe from my heart,

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that he is innocent, and he should not have been hung in the first place.

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From a working-class background, Edward was one of five children.

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He lived in the slums of Manchester, and after a short stint in the Army

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found himself, aged 21, trying to make ends meet through petty theft.

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Certain of his guilt,

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Chief Inspector Balmer arrested Edward three months after the murder.

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Helping Lindsay unravel the truth are two of the country's top legal minds.

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Jeremy Dein QC is a defence lawyer with over 30 years at the criminal bar,

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specialising in murder cases.

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Sasha Wass QC is a high-profile barrister who has successfully prosecuted

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cases of fraud, murder and sexual misconduct.

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Hello, Lindsay, good to meet you.

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Both have agreed to look into the case.

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But first, they have a key question for Lindsay.

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Clearly no-one can promise that the outcome will be positive.

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Are you ready for the worst if in the end the judge concludes

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that these convictions were safe?

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I'm quite prepared for that.

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Lindsay, you are sure about that?

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Because sometimes there are cases where the evidence against a defendant

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becomes considerably worse from the material that you already know about.

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However, I will be entirely objective,

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so if any of the fresh evidence that comes to light

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causes doubt on the convictions, I will be raising that.

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I'm still happy to go ahead.

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I've travelled over 10,000 miles to see this case be reinvestigated

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and it's something that is really important for myself and my family.

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So, yes, I am prepared.

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The barristers will be examining five key areas of the case,

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before a reconstruction of the crime itself.

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Their findings will then be submitted to a Crown Court judge

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who could recommend the case for review

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or uphold the original guilty verdict.

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First, the barristers need to get to grips with the facts of the murder.

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In the 1950s,

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Liverpool was at the heart of post-war Britain's world shipping trade.

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Working-class families rubbed shoulders with the newly affluent.

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And, as a consequence, petty crime was rife.

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The murder victim, Beatrice Rimmer, also known as Alice,

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was a much-loved widow of a local businessman,

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and a doting mother to her only son.

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Her death and the subsequent conviction shook the local area

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of Wavertree to the core.

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With no physical evidence remaining from the original trial,

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the barristers are on their way to the crime scene.

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Has the house remained the same 65 years after the murder?

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So, Jeremy, the photographs reveal quite clearly that the layout of the

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house is identical.

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The stairway, and the dimensions of the hallway,

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and this is really useful to try and work out what happened.

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And we can see here from this photograph that Alice Rimmer was found

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really lying about here with her head towards the back of the house.

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We can see she is still wearing her overcoat,

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she still had her umbrella over her arm.

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She must have been attacked almost immediately on coming into the house

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and then been knocked to the ground.

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Alice Rimmer's body was discovered by her son Thomas.

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He initially came under suspicion but was soon discounted.

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He testified seeing her through the letterbox, lying in the hallway.

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Without a key, Thomas was forced to enter through a broken rear window.

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The prosecution alleged the motive for the crime was robbery,

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but it appeared nothing had been taken.

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Lindsay has come to Liverpool Central library to search the archive.

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She is hoping to fill in some missing facts about the case.

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"Wavertree murder trial opens.

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"Blows rained on widow, two accused."

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"A queue four deep stretched for about 60 yards outside St George's Hall

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"this afternoon, hoping to get into the court."

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The case created headlines, and attracted huge crowds to the trial.

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But what the world didn't see were the private letters written by

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the two defendants to their loved ones.

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It's distressing for me to read where Teddy actually does say,

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"I can honestly say we are innocent.

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"And in time, I hope to prove it."

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That, to me, it is just so distressing because it shows his belief in the

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system that failed him and hung him, ultimately.

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Whilst Lindsay relives her family's emotional past,

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the barristers are at the National Archives in London.

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It wasn't just the family who believed in the boy's innocence.

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The case caused public outcry.

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Jeremy, I've got another box here.

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There is just an extraordinary amount of material,

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bearing in mind that 65 years have elapsed.

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This is a petition put together by approximately 6,000 people for the

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reprieve of Edward Devlin and Alfred Burns.

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Trying to stop these two men from being hanged.

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Wading through hundreds of documents,

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Sasha has discovered something heart-wrenching.

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Jeremy, there's a letter here that I've found from the mothers of

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the two to defendants to the Queen.

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"May it please Your Majesty, we, your humble servants,

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"two working-class widowed mothers,

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"respectfully beg to draw your attention urgently to the plight

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"of our sons, who are due to die on Friday morning."

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"And as a last resort,

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"we're appealing to your gracious Majesty's clemency and mercy to intervene

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"to save the lives of our sons."

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And it's signed by both of them.

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So why was there such a huge public outcry to these convictions?

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Both testified that they couldn't have been committing the murder on

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that night, because they were committing a robbery in another city.

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The lads were petty criminals.

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Known to the local bobbies,

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they maintained that on the night of the murder, they were 40 miles away

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at an isolated warehouse on the outskirts of Manchester,

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stealing goods for the black market.

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But the jury didn't believe a word of it.

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Lindsay has come across a harrowing newspaper article.

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"As the prison clock struck 9am, yesterday,

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"13 weeping women knelt on the edge of the pavement outside Walton Jail,

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"Liverpool." In fact, one of those women is my grandmother.

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"Nine minutes later, a warden posted up two notices on the prison door,

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"Judgment of death had been carried out on Edward Devlin, 23..."

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"..and Alfred Burns, 22,

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"for the murder of Mrs Beatrice Rimmer."

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"While police held back the crowd, a small, grey-haired woman,

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"Burns's widowed mother...

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"..Mrs Alan Burns...

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"..walked alone to the gate...

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"..stood for two minutes looking at the sign...

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"..then friends led her away weeping."

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This is so sad.

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"Devlin's mother, Mrs Amy Devlin," who was my great aunt,

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46 at the time...

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"..was not outside the jail.

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"She attended mass in a church near her home in Hulme, Manchester."

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Oh, dear.

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This is just so sad.

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It's just unbelievable that two young blokes like that,

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their lives just gone.

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Just gone.

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The barristers are hoping modern forensics can unlock new evidence.

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All that remains are crime scene photographs,

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and the scientific reports from the case.

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Jeremy's meeting Home Office pathologist Dr Fegan-Earl.

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He is hoping to identify a possible murder weapon,

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something that was never discovered in the police investigation.

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Have you had a chance to look at the original pathology and forensic

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-science reports...

-Yes, I have.

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-And the photographs?

-Yes, I have. Thank you.

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I want to ask you about the murder weapon.

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-Yes.

-Devlin and Burns denied having murdered Alice Rimmer,

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but they were linked to possession of a cosh.

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What's your opinion as to the possibility that a cosh was, indeed,

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-the murder weapon?

-Looking at the description of the wounds,

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they do describe rather a mixture of wounds,

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some of which are consistent with impact with a blunt object,

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such as a cosh, like a bat.

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But also, there are some other wounds with a much sharper edge,

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so I don't think a cosh can reasonably explain the totality of injuries on this lady's head.

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So, is it your view that both a bladed instrument, such as a knife,

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and a cosh type weapon caused these injuries?

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You've got two attackers, one with a blunt instrument, one with a knife.

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To produce that series of injuries, they're likely to injure one another.

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So, you're saying one person

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caused these injuries, rather than two people?

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Yes, I think that is a reasonable suggestion.

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And you'll be able to help us as to the type of weapons that might have

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been able to cause these injuries.

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-Yes, I'll give that some consideration.

-Thank you.

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So, the pathological evidence points to a single attacker,

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suggesting either Devlin or Burns may be innocent.

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Sasha is at Greenwich University with Doctor Jen Guest,

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a forensic scientist who specialises in blood pattern analysis.

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They're exploring the single attacker theory.

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We've got three photographs here, the first showing Mrs Rimmer's body,

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and the wall behind her.

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And another of a view, you can just see the top of her body there,

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looking at that same wall straight on.

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And then, we're also looking at the front door.

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We've got a cluster of bloodstains right in front of where her head is.

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-Yes.

-Which seems to radiate away from her head.

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And that would suggest to me that she's received a number of blows when she's been in, pretty much,

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that position on the floor.

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Are there tests that you can do to recreate how blood spatter is formed?

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Yes, there's a piece of equipment that we use with the students in the

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-lab...

-Right.

-To recreate impact pattern.

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-Can we go and have a look?

-So we can see how it looks.

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Yeah, absolutely. So, this is the rat trap device.

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It's basically a spring-loaded metal plate, which we can pull back,

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and it will drop down onto the lower metal plate here and create impact

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spatter when we put some blood staining on the lower plate.

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OK.

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OK, so I just load the blood across the front edge.

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It's a bit loud.

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OK, so you see how you get clustering of blood staining just straight in

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front of the impact area,

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which is what we also see in those crime scene photographs,

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that clustering of blood staining in front of her head.

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And then you also get radiating bloodstains that come away from that

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source of impact, which is, again,

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what we see in the crime scene photographs.

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The blood pattern in the hall shows that Alice received multiple blows.

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However, it doesn't prove whether there was one or two assailants.

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Lindsay has come to Liverpool prison,

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where Edward Devlin and Alfred Burns were hanged.

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She wants to pay her respects to the boys,

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whose bodies remain in the prison grounds.

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It's very difficult.

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I've been told to look for a

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plaque with number 55.

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Where do I start?

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Their final resting place is now a car park.

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The burial site marked only by a number.

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Where are you, Teddy? Where are you?

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56... 39...

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They're not even in sequence.

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55.

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And this is all there is to acknowledge two young men,

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who I believe were hung innocently for a crime that they didn't commit.

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You wanted to have your names cleared of this crime,

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and I'm doing my best to do that for you guys.

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It's so sad just looking at this.

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Here's Teddy and Alfie buried below a car park.

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They've just built completely over the top of where their bodies are.

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It would be so nice for them to have a proper burial.

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I'm hoping that we will be able to give these two young men what they

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deserved.

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Jeremy and Sasha have come to Merseyside Police Station.

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They've been granted access to historic police files.

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Sasha, this is an opportunity to look at police files which contain

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evidence that was used at the trial, and, from what I believe,

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material that wasn't.

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19-year-old George McLaughlin was a prolific convicted criminal.

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He testified that Burns and Devlin could have carried out the murder.

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Jeremy has found a police statement from him that the jury never saw.

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Let me start with the witness George McLaughlin.

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What's astonishing when you look at these files

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is that McLaughlin had in fact named someone completely

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different when he first talked about this murder.

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He named someone called Dutton.

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The defence can not have been told that McLaughlin had named Dutton,

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because had the defence been told this would have been used.

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This is gold dust type material and it makes me wonder whether these men

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were wrongly convicted.

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Jeremy, I think the problem that both of us have in this case is that

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so little has been properly recorded in the way it would be recorded nowadays.

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So we aren't sure with any certainty what was given to the

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defence and what wasn't.

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21-year-old Manchester girl June Berry testified that she had heard both

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boys discussing robbing an old woman just days before the murder.

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On the 8th of October, 1951,

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June Berry makes a statement to the police and she describes a

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conversation with Burns and Devlin

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in which they are discussing doing a criminal job

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and it is said by Mr Burns, "I think it's worth trying,

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"it's easy, the woman has plenty of money.

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"If the old woman makes trouble I can easily handle her."

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Berry had been romantically linked to Devlin,

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but could this have been a motive for accusing him?

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I don't find June Berry to be an impressive witness at all.

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A week after she made a statement implicating Devlin and Burns,

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she made a statement to the police implicating another man.

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Whether she was a woman scorned and that that was the motive behind what

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-she told the police.

-Well,

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there's no doubt that the character of June Berry was attacked vehemently

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during the course of the trial, particularly in respect of her morals.

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I'm not sure how nowadays we would regard it as significant.

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Finally, Marie Milne, just 17,

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lived with her parents and testified that she met with both men shortly

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after the murder. She had the most damning evidence of all.

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She had no criminal history.

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She didn't blame anyone else at any stage.

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And she was drawn into a scheme

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to rob Mrs Rimmer and by acting as a lookout.

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Devlin has blood on his handkerchief, which is binding his hand,

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and at one stage she heard Devlin say to Burn, "Will the woman live?"

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and Burn says, "to hell with the woman,

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"we'll be out of Liverpool before long."

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Sasha, what I say is that you have taken Marie Milne's evidence at face value.

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Jeremy, the jury must have been sure that she was telling the truth

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when she spoke about Burns' and Devlin's guilt.

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As the barristers make progress,

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Lindsay is keen to learn more about Alfred Burns.

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She's arranged to meet his cousin, Angela, and her daughter, Donna,

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for the first time. They're meeting at the White Lion pub in Manchester,

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where Devlin and Burns used to drink.

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I actually went to the library and you might be interested in having

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a look at this, it's one of the clippings from one of the papers at the time,

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and my grandmother is in it, actually.

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-Oh.

-That's her, there.

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-Yeah.

-Devlin...

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I can't remember, I've looked at so many different articles of the time,

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but to actually see

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a picture there...

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Sat down kneeling.

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It's heartbreaking, isn't it?

0:21:580:21:59

Them kneeling, praying, look at them all, and look at their faces.

0:21:590:22:04

I lost my daughter, so I know how Aunt Nellie must be feeling,

0:22:050:22:10

and under those circumstances.

0:22:100:22:12

Yes, yeah.

0:22:120:22:14

-That's awful.

-You can't imagine what it must be like for a mother when

0:22:140:22:19

that life has been taken.

0:22:190:22:21

Yeah. That still feels,

0:22:210:22:24

you know, that's our family.

0:22:240:22:25

I just don't feel that they ever had a fair trial.

0:22:280:22:31

-They didn't.

-No, of course they didn't.

0:22:310:22:34

The fact that they didn't get their sons' bodies.

0:22:340:22:37

Not only have they lost

0:22:390:22:42

their children, they weren't able to bury them.

0:22:420:22:45

-That's right.

-It's never too late to right a wrong.

0:22:450:22:50

More often than not people who commit murders,

0:22:500:22:52

it's usually people that they know.

0:22:520:22:55

-Yes.

-More often than not.

0:22:550:22:57

Well, we all have our theories about that.

0:22:570:22:59

-That's right.

-Yeah, exactly.

0:22:590:23:02

The barristers have brought the evidence and the experts together for a

0:23:050:23:09

reconstruction of the crime scene.

0:23:090:23:11

Will it reveal what really happened that night?

0:23:120:23:15

Can it prove if Devlin and Burns committed the murder?

0:23:150:23:19

And if not, who did?

0:23:190:23:21

Pathologist Dr Fegan-Earl is first to reveal his findings.

0:23:220:23:26

You've got a reconstruction of something how it might look.

0:23:260:23:30

We can see her opening the door.

0:23:320:23:35

She's suddenly taken aback, puts her arm up,

0:23:350:23:39

falls to the ground in the position that we have her,

0:23:390:23:42

as demonstrated here.

0:23:420:23:44

I think that this demonstrates the small area in which the assault has

0:23:440:23:50

taken place.

0:23:500:23:51

Can Dr Fegan-Earl link one murder weapon to the two types of injuries

0:23:530:23:57

inflicted to Mrs Rimmer, therefore supporting the single attacker theory?

0:23:570:24:01

One weapon suggested by the prosecution was a cosh.

0:24:020:24:06

Can we start, please, with the cosh?

0:24:060:24:09

Well, if we look at the cosh, it's a typical example of a blunt weapon,

0:24:090:24:14

but it would not explain the very clean edged wounds that were described

0:24:140:24:18

by the original pathologist.

0:24:180:24:20

What about a more common implement, like an axe?

0:24:200:24:23

Well, if we look at what this weapon has,

0:24:230:24:27

it has a clean cutting edge.

0:24:270:24:29

It's got blunt faces, causing those bruised, irregular areas,

0:24:290:24:34

and it's also got a degree of weight,

0:24:340:24:36

and you will recall there were fractures to the skull,

0:24:360:24:38

so I believe this object has all of the features if one implement only was used.

0:24:380:24:44

So, it's possible from the pathological perspective that one person

0:24:440:24:49

did all of this to Mrs Rimmer with one implement?

0:24:490:24:53

Yes, I believe that is plausible, yes.

0:24:530:24:55

That's very interesting.

0:24:550:24:58

So the reconstruction has already indicated that the likely murder weapon

0:24:580:25:01

was an axe, not a cosh, and was handled by a single assailant.

0:25:010:25:05

Next, forensic scientist Dr Jen Guest,

0:25:070:25:10

who thinks the key in the case could be the broken window discovered by

0:25:100:25:14

Thomas Rimmer.

0:25:140:25:15

So, we're in the parlour at the back of the house and this is the window.

0:25:160:25:22

The prosecution hinted at the suggestion that Devlin and Burns had got

0:25:220:25:27

through that window into Mrs Rimmer's home before killing her.

0:25:270:25:33

Is there any forensic evidence to support that suggestion?

0:25:330:25:37

No, the forensic statement said they found no evidence that anyone had come in through the window.

0:25:370:25:41

There were no fingerprints, no fibres,

0:25:410:25:44

no scuffs or marks of any kind to suggest someone had come in through the window.

0:25:440:25:48

But Thomas Rimmer told the police that he did climb through that window.

0:25:490:25:55

He said that he got to his mother's home, looked through the letterbox,

0:25:550:26:00

saw her lying on the ground, couldn't get in, went round the back,

0:26:000:26:05

saw the window broken and climbed in.

0:26:050:26:10

Thomas Rimmer had to demonstrate to the police three times how he got

0:26:100:26:13

through the window, only once managing to do it

0:26:130:26:16

without leaving any marks.

0:26:160:26:18

We can see in the photograph you had there of Thomas Rimmer,

0:26:190:26:21

he's having to put his hand on the window there to steady himself as he

0:26:210:26:25

climbs through, so we would really expect to find fingermarks on the

0:26:250:26:28

window, and then we look at how narrow the opening is,

0:26:280:26:32

and the sharp edges we have from the glass.

0:26:320:26:35

I'd have expected him to catch his clothing on there as well,

0:26:350:26:37

and possibly transfer some fibres.

0:26:370:26:39

Thomas was wearing a Harris tweed jacket, much like this one,

0:26:390:26:43

and you can see that the fibres are quite prominent on it,

0:26:430:26:47

they are quite loose, and in fact fibres have been transferred to the

0:26:470:26:50

window even just from me pulling it through just then.

0:26:500:26:54

How likely is it in your view that Thomas Rimmer climbed through that

0:26:540:27:00

-broken window?

-I think,

0:27:000:27:01

based on the evidence that they talk about at the time,

0:27:010:27:04

it's very unlikely that he climbed through that window.

0:27:040:27:07

None of the forensic evidence supports the case against Burns and Devlin.

0:27:070:27:12

We really need to find out more about Thomas Rimmer.

0:27:120:27:17

Jeremy, we still don't have any explanation as to why he would want to kill his mother.

0:27:170:27:22

With the submissions to the judge looming,

0:27:270:27:30

the barristers are closing in on potential new evidence.

0:27:300:27:33

So Lindsay has returned to London for an update.

0:27:370:27:41

Lindsay, since you and I last met Jeremy and I have been to Liverpool.

0:27:410:27:47

We've looked at the evidence relating to the main prosecution witnesses

0:27:470:27:52

and I have to say on that evidence alone I have not had cause to question

0:27:520:27:58

the safety of the convictions.

0:27:580:28:01

So actually, quite frankly,

0:28:010:28:02

I don't give a stuff about what you think or the jury,

0:28:020:28:07

or the people who gave evidence at that trial,

0:28:070:28:11

because as far as I'm concerned

0:28:110:28:13

there was a lot of lies that were told,

0:28:130:28:15

there was a lot of evidence that wasn't put forward,

0:28:150:28:18

and I will be relying on what Jeremy will be telling me.

0:28:180:28:24

Lindsay, I just want to reassure you that in my view there is still a

0:28:240:28:30

considerable way to go.

0:28:300:28:31

Lindsay, I do have more to tell you,

0:28:310:28:33

because Jeremy and I spent some time at a reconstruction,

0:28:330:28:38

and it is now clear to both of us that there is nothing scientific to

0:28:380:28:44

connect Mr Devlin and Mr Burns to the killing of Alice Rimmer.

0:28:440:28:49

Well, that, at least that gives me some more reason to feel

0:28:490:28:55

a bit more positive.

0:28:550:28:58

So, the reconstruction has revealed inconsistencies in the testimony of

0:28:580:29:02

Alice Rimmer's own son, Thomas.

0:29:020:29:05

And the jury was never informed he was an early suspect in the case.

0:29:080:29:12

I've now seen a good deal of material, and I'm really concerned about the

0:29:150:29:19

quality of the police investigation.

0:29:190:29:22

After more than 30 years as a criminal defence barrister,

0:29:230:29:27

my instinct is my best friend,

0:29:270:29:29

and I have a hunch that the senior investigating officer behaved

0:29:290:29:34

improperly and that he might well have influenced subordinate officers

0:29:340:29:39

to do the same, so this is an area I feel might well be very important.

0:29:390:29:46

I could be wrong, but that's my instinct.

0:29:460:29:49

Jeremy knows if he can find something to cast doubt on the police

0:29:500:29:53

investigation he might be able to persuade the judge.

0:29:530:29:56

Two years before Devlin and Burns were charged with murder,

0:30:000:30:03

Chief Inspector Balmer led another case - the Cameo Cinema murders.

0:30:030:30:09

More than 50 years later, books on this case have been published by crime writer George Skelly.

0:30:100:30:17

So, George, how did you first become interested

0:30:170:30:20

in the Devlin and Burns case?

0:30:200:30:23

Through writing my previous book about the Cameo murder case, in which

0:30:230:30:28

Bert Balmer was involved in both cases as chief investigating officer.

0:30:280:30:32

So there was a common chief officer in both cases,

0:30:320:30:35

and I believe that thanks, in part, to your book,

0:30:350:30:39

the Cameo murder convictions were quashed by the Court of Appeal.

0:30:390:30:43

-Yes.

-Bert Balmer, the senior officer, was branded a liar.

0:30:430:30:47

Yes, in 2003 he was branded a liar.

0:30:470:30:49

-By the Court of Appeal.

-By the Court of Appeal.

0:30:490:30:52

He was condemned for deliberate concealment of evidence

0:30:520:30:56

and suborning witnesses.

0:30:560:30:58

Do you believe that if the jury in the Devlin and Burns case had known

0:30:580:31:02

Balmer was a liar that it might have made a difference to the verdict?

0:31:020:31:05

Oh, the verdict would have been not guilty.

0:31:050:31:09

The two men would have been acquitted, without doubt.

0:31:090:31:12

They'd have been acquitted.

0:31:120:31:13

The clear victim in this case was the brutally murdered Alice Rimmer.

0:31:140:31:18

But the Burns and Devlin families have also suffered,

0:31:200:31:23

living with the social stigma of having an executed murderer

0:31:230:31:27

in the family.

0:31:270:31:29

-Hello.

-Hi.

-Lindsay is meeting with her brother,

0:31:310:31:36

who was secretly put up for adoption by the Devlin family at the time of

0:31:360:31:39

the execution.

0:31:390:31:41

Mum and Dad never told any of us about Teddy or about you,

0:31:410:31:45

and, I mean, they're two significant things that happened in their lives.

0:31:450:31:50

Well, it was a long time ago. You know, times were different then.

0:31:500:31:54

Attitudes were different to unmarried mothers.

0:31:540:31:56

-Yeah.

-You have no real idea

0:31:560:31:59

and there's no real way we can maybe find out

0:31:590:32:04

what the situation was and why things happened the way they happened.

0:32:040:32:07

I just can't imagine Mum even being unmarried, adopting a baby out.

0:32:070:32:13

I just can't see it, and I feel sad because we've missed out on

0:32:130:32:17

all those years, you know?

0:32:170:32:20

When we didn't know each other.

0:32:200:32:23

I never, ever imagined that I'd have five sisters and a brother.

0:32:230:32:29

Like 10,000 miles away on the other side of the world.

0:32:290:32:32

Yeah, yeah. So what's your thoughts about all this what happened with

0:32:320:32:35

Teddy being hung and everything?

0:32:350:32:37

Who knows what the end result is going to be?

0:32:370:32:40

But I reckon what anybody is looking for

0:32:400:32:44

is for the truth to come out and for there to be justice.

0:32:440:32:48

Yes, yes, that's exactly right.

0:32:480:32:50

I believe whoever committed that murder is still out there.

0:32:500:32:53

It's the night before Judgment Day and both barristers are still hunting

0:32:570:33:01

for more key evidence.

0:33:010:33:03

Sasha has discovered a vital document that was also never revealed to the jury.

0:33:040:33:09

The police found a letter dated the 20th of July, 1951,

0:33:100:33:15

so that's a month before Mrs Rimmer was killed,

0:33:150:33:20

and it was a letter she wrote to her husband's pension provider,

0:33:200:33:24

and it reads as follows.

0:33:240:33:26

"I'm sorry to add that I cannot look for any help or sympathy from my son.

0:33:260:33:31

"I have not dared tell him about this extra allowance.

0:33:320:33:35

"I have given and given, but now firmly resolved not another penny.

0:33:350:33:40

"Money slips like water through his hands and now he is realising what he's done.

0:33:400:33:46

"I do know that if I passed out he would have a royal time of it for

0:33:460:33:51

-"a few months."

-Well that's just incredible because it seems to me that this letter,

0:33:510:33:57

and that sentence in particular,

0:33:570:34:00

provides Thomas Rimmer with a clear potential motive for killing his mother,

0:34:000:34:07

and I am very concerned that this letter appears not to have been

0:34:070:34:14

disclosed to the defence.

0:34:140:34:16

The legal arguments have been prepared.

0:34:230:34:26

And now it falls for His Honour Judge David Radford, to deliberate.

0:34:260:34:29

Based on his expert opinion,

0:34:310:34:33

he will recommend if the case should be reviewed or not.

0:34:330:34:36

Finally, the day's here.

0:34:390:34:41

This is what I've been waiting for.

0:34:410:34:43

The evidence is going to be presented to the judge by Sasha and Jeremy.

0:34:430:34:47

I can only wait to see what he has to say.

0:34:470:34:50

There's no guarantee with that,

0:34:500:34:51

but the one guarantee that I do have is regardless of whatever the outcome is,

0:34:510:34:55

I will not stop until Teddy and Alfie's names have been cleared.

0:34:550:35:01

Judge Radford has over 40 years of experience at the criminal bar.

0:35:040:35:09

He's tried many murder cases and sat at the Court of Appeal.

0:35:090:35:12

He'll be treating this matter as he would any other case.

0:35:130:35:16

Today I shall be considering fresh material and the arguments from learned counsel

0:35:200:35:25

presented to me in order for me to decide if I should recommend

0:35:250:35:31

further reconsideration of this case.

0:35:310:35:36

-Mr Dean.

-Your Honour, my first submission

0:35:360:35:41

is that the prosecution case substantially depended upon the evidence of

0:35:410:35:46

fundamentally unreliable witnesses.

0:35:460:35:48

George McLaughlin,

0:35:480:35:51

a convicted criminal.

0:35:510:35:52

He named someone else as the killer.

0:35:520:35:55

Second, June Berry,

0:35:550:35:57

21, who claimed to have overheard the defendants talk in advance of

0:35:570:36:02

robbing an old woman in Liverpool.

0:36:020:36:05

Unreliable witnesses, submit the defence,

0:36:050:36:08

a very weak foundation for the prosecution case.

0:36:080:36:11

-Miss Wass.

-Your Honour,

0:36:110:36:13

the jury were in the best possible position to evaluate the evidence of

0:36:130:36:18

these witnesses, and by their verdicts the jury determined that they were

0:36:180:36:22

telling the truth on the central issue, namely the defendants' guilt.

0:36:220:36:27

Yes, Mr Dean, move to your next point.

0:36:270:36:29

Your Honour, my next point is that the prosecution failed to disclose

0:36:290:36:34

information about other suspects,

0:36:340:36:37

in particular, Alice Rimmer's son...

0:36:370:36:41

..who was the first suspect to be interviewed by police.

0:36:420:36:46

The last to see his mother alive.

0:36:460:36:49

His account was bizarre and unsupported by forensic evidence.

0:36:490:36:54

Thank you. Yes, Miss Wass.

0:36:540:36:56

Your Honour, I can deal with this shortly.

0:36:560:36:58

All the other suspects in this case were thoroughly investigated by the

0:36:580:37:01

police and found to have little connection, if any,

0:37:010:37:06

with Cranborne Road on the 19th of August 1951.

0:37:060:37:10

Your Honour, my final submission is my most important.

0:37:100:37:14

It relies on the fact that decades after Mr Devlin and Mr Burns were

0:37:140:37:19

executed, the Court of Appeal found that the senior investigating officer, Herbert Balmer,

0:37:190:37:26

had lied and concealed evidence

0:37:260:37:29

in another case, the Cameo cinema murders,

0:37:290:37:33

which occurred shortly before this case.

0:37:330:37:36

That officer, Herbert Balmer, has his footprints over both investigations.

0:37:380:37:45

Both, I submit, are characterised by

0:37:450:37:48

the nondisclosure of important information.

0:37:480:37:52

It is my submission that this new material fundamentally supports the

0:37:520:37:58

proposition that the defendants were wrongly convicted and might well in

0:37:580:38:02

those circumstances have been unjustly executed.

0:38:020:38:07

Thank you. Miss Wass.

0:38:070:38:09

Throughout the investigation Sasha has been weighing up the prosecution's case.

0:38:090:38:14

But will she side with Jeremy on his final submission?

0:38:140:38:18

The real question, as the Crown sees it to be,

0:38:190:38:23

is had the defence in the Devlin and Burns case

0:38:230:38:27

been aware of Mr Balmer's misconduct,

0:38:270:38:31

and the similarities with the Cameo murder case,

0:38:310:38:36

might the verdict have been different?

0:38:360:38:39

And I consider that it might.

0:38:390:38:42

So in all those circumstances,

0:38:420:38:44

I have no option but to support Mr Dein's submissions in this regard.

0:38:440:38:50

Thank you for your submissions,

0:38:520:38:53

I'm going to consider them in conjunction with the written papers,

0:38:530:38:57

which I have read already and will now reconsider in the light of your

0:38:570:39:01

arguments, and in due course I will let you know my view.

0:39:010:39:06

Thank you very much, Your Honour.

0:39:060:39:07

The barristers have done all they can to convince the judge that this case should be reviewed.

0:39:090:39:14

For Lindsay, it could be the start of a legal process to get an official pardon,

0:39:150:39:20

or it could be the end of any hope that the convictions

0:39:200:39:24

are overturned.

0:39:240:39:25

It's difficult to know how that went.

0:39:290:39:31

Judge has got a poker face, he keeps his judgment very close to his chest.

0:39:310:39:37

Well, can I say first of all, you mustn't raise your hopes in any way,

0:39:370:39:42

the result remains unpredictable.

0:39:420:39:44

We just have to wait and see. OK.

0:39:440:39:47

Were the witnesses flawed?

0:39:490:39:51

Was this the real murder weapon?

0:39:510:39:54

Was a key suspect overlooked?

0:39:540:39:56

And was the whole investigation discredited by the leading detective?

0:39:560:40:00

The judge calls Lindsay and the barristers for his final verdict.

0:40:020:40:05

The long shadow of the gallows inevitably casts a baleful light over this case.

0:40:080:40:15

It is true that the civilian witnesses had inconsistencies in their accounts.

0:40:150:40:21

However, these were matters for the jury,

0:40:210:40:25

who saw and heard them.

0:40:250:40:27

I find no proper basis for reviewing the convictions on this basis alone.

0:40:270:40:33

I believe the fact that Mr Balmer,

0:40:350:40:38

his involvement in that Cameo cinema case,

0:40:380:40:42

tainted him as an investigating officer.

0:40:420:40:45

And if the extent of his being tainted had been known to the defence in

0:40:460:40:51

this Devlin/Burns case at the trial, that,

0:40:510:40:55

together with the disclosure of evidence that should have been made known

0:40:550:41:00

to the defence at the time could have had a significant impact on the

0:41:000:41:06

jury's evaluation of the evidence that was presented to them.

0:41:060:41:11

After full consideration, I concur

0:41:150:41:19

that there are proper grounds here for re-referring this case to the

0:41:190:41:24

commission, to evaluate whether the Court of Appeal should be asked to

0:41:240:41:29

consider the case again.

0:41:290:41:31

-Congratulations.

-Thank you, Jeremy.

0:41:370:41:41

Thank you, Sasha.

0:41:420:41:44

If I may say so, it's absolutely the correct decision.

0:41:480:41:52

Anyone who has been wrongly executed deserves justice,

0:41:520:41:56

and so does Mrs Rimmer.

0:41:560:41:58

And this is the beginning of, hopefully,

0:41:580:42:01

getting to the end of what has been an extraordinarily difficult journey

0:42:010:42:05

for, for all concerned.

0:42:050:42:08

Thank you. Thank you so much.

0:42:080:42:10

I'm feeling happy, but I'm very overwhelmed, of course.

0:42:140:42:18

It feels really good to know that the judge has seen this new evidence

0:42:180:42:22

and that he is in agreement that, you know,

0:42:220:42:25

there is grounds there for a review.

0:42:250:42:27

And I will just now keep going until their names are cleared.

0:42:290:42:33

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