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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. | 0:00:15 | 0:00:19 | |
Some of these long-standing convictions | 0:00:19 | 0:00:22 | |
could be a miscarriage of justice. | 0:00:22 | 0:00:24 | |
She's received most of the blows in this position. | 0:00:24 | 0:00:28 | |
In this series, a living relative will attempt | 0:00:28 | 0:00:30 | |
to clear their family name. | 0:00:30 | 0:00:32 | |
So sad, so sad that she never had a life... | 0:00:32 | 0:00:36 | |
Searching for new evidence... | 0:00:36 | 0:00:38 | |
I can make the .32 fire both calibres. | 0:00:38 | 0:00:41 | |
..with help from two of the UK's leading barristers, | 0:00:44 | 0:00:48 | |
one for the defence... | 0:00:48 | 0:00:50 | |
This is a very worrying case. | 0:00:50 | 0:00:52 | |
I think the evidence is very suspect. | 0:00:52 | 0:00:54 | |
..and one for the prosecution. | 0:00:54 | 0:00:56 | |
I'm still of the view that this was a cogent case of murder, | 0:00:56 | 0:01:00 | |
committed during the course of a robbery. | 0:01:00 | 0:01:04 | |
They're on a mission to solve the mystery, | 0:01:04 | 0:01:06 | |
submitting their findings to a senior Crown Court judge. | 0:01:06 | 0:01:10 | |
There is a real risk that there has been a miscarriage of justice here. | 0:01:10 | 0:01:15 | |
I will look again at the evidence in the light of the arguments | 0:01:15 | 0:01:18 | |
that you both have put before me. | 0:01:18 | 0:01:20 | |
Can this modern investigation rewrite history? | 0:01:20 | 0:01:24 | |
On a summer's night in 1953, | 0:01:33 | 0:01:36 | |
around the bandstand on Clapham Common in South London, | 0:01:36 | 0:01:39 | |
groups of local youths were gathered. | 0:01:39 | 0:01:41 | |
Some were dressed smartly in suits, with greased back hair. | 0:01:43 | 0:01:46 | |
Now an iconic look, these teenagers were known as Teddy boys. | 0:01:48 | 0:01:52 | |
An insult directed at one Teddy boy, | 0:01:55 | 0:01:57 | |
a member of the so-called Plough Boys gang, | 0:01:57 | 0:02:00 | |
named after the pub in which they drank, | 0:02:00 | 0:02:02 | |
sparked a row and then a brawl. | 0:02:02 | 0:02:04 | |
Three people were stabbed. | 0:02:05 | 0:02:07 | |
17-year-old John Beckley died of his wounds. | 0:02:07 | 0:02:11 | |
Six youths were charged in connection with the killing, | 0:02:12 | 0:02:16 | |
but in the end, only one, Michael Davies, stood trial for murder. | 0:02:16 | 0:02:21 | |
On October 22, 1953, he was found guilty and sentenced to hang. | 0:02:22 | 0:02:27 | |
He was just 20 years old. | 0:02:29 | 0:02:31 | |
Michael was my uncle. | 0:02:33 | 0:02:35 | |
He was actually my mum's brother. | 0:02:35 | 0:02:36 | |
He was a good, fun sort of man, played jokes with me all the time. | 0:02:36 | 0:02:40 | |
I think it would be very difficult to think of him | 0:02:40 | 0:02:43 | |
as actually stabbing someone. | 0:02:43 | 0:02:44 | |
Michael Davies' niece, Sharon Sweeting, | 0:02:46 | 0:02:49 | |
and family friend, Anne Biles, | 0:02:49 | 0:02:51 | |
want to understand how Michael Davies | 0:02:51 | 0:02:53 | |
was the only member of the gang who came to face the rope. | 0:02:53 | 0:02:57 | |
That's a nice photograph, Sharon. | 0:02:58 | 0:02:59 | |
-That's my mum and dad's wedding. -Right, yes. | 0:02:59 | 0:03:02 | |
-There's Michael. -So he would have been 16 then. | 0:03:02 | 0:03:05 | |
Yes, I was going to say, he looks young. | 0:03:05 | 0:03:06 | |
There are a lot of unanswered questions. | 0:03:06 | 0:03:10 | |
There was a sort of race or chase down to the bus stop, | 0:03:10 | 0:03:14 | |
with one gang chasing the other. | 0:03:14 | 0:03:16 | |
They were all the same height, same build, | 0:03:16 | 0:03:19 | |
it could have been any of them, | 0:03:19 | 0:03:21 | |
and that does bring doubt into your mind, a lot. | 0:03:21 | 0:03:25 | |
Michael was never executed. | 0:03:25 | 0:03:27 | |
His sentence was commuted to life imprisonment. | 0:03:27 | 0:03:30 | |
He served only seven years before being released, | 0:03:31 | 0:03:34 | |
but was never exonerated. | 0:03:34 | 0:03:36 | |
It's left a cloud over the family. | 0:03:36 | 0:03:39 | |
Well, I find it difficult to understand | 0:03:41 | 0:03:44 | |
how he was sentenced to death, | 0:03:44 | 0:03:46 | |
then it was changed to life imprisonment, | 0:03:46 | 0:03:50 | |
and then the sentence was reduced to seven years. | 0:03:50 | 0:03:53 | |
It doesn't tally at all. | 0:03:53 | 0:03:55 | |
Michael Davies died in 1992, | 0:03:55 | 0:03:58 | |
still protesting his innocence. | 0:03:58 | 0:04:01 | |
It would be nice to have closure, | 0:04:01 | 0:04:03 | |
and I just need to know whether he is guilty or not. | 0:04:03 | 0:04:06 | |
I would certainly like him to be cleared, | 0:04:07 | 0:04:10 | |
because it would be nice to know that, | 0:04:10 | 0:04:14 | |
no, there wasn't a murderer in their family. | 0:04:14 | 0:04:17 | |
To get to the bottom of Michael Davies' case, | 0:04:22 | 0:04:25 | |
Sharon and Anne are relying on two of the country's best legal minds. | 0:04:25 | 0:04:29 | |
Jeremy Dein QC is a top defence barrister, | 0:04:31 | 0:04:33 | |
specialising in murder cases. | 0:04:33 | 0:04:35 | |
Sasha Wass QC has prosecuted some of the UK's most notorious felons. | 0:04:38 | 0:04:43 | |
Before they begin their investigation into Michael Davies' case, | 0:04:45 | 0:04:48 | |
the barristers want to meet Sharon and Anne. | 0:04:48 | 0:04:51 | |
Innocent or not, | 0:04:52 | 0:04:53 | |
Michael Davies' case was a dark secret in the family, | 0:04:53 | 0:04:56 | |
and never spoken of. | 0:04:56 | 0:04:58 | |
Hello, there. Hello, Sharon. Sasha. | 0:04:58 | 0:05:00 | |
Sharon didn't find out about it until the 1980s. | 0:05:00 | 0:05:04 | |
Can you tell us, when did you first become aware of the case? | 0:05:05 | 0:05:09 | |
-Um, quite a few years ago. -OK. -It was just by accident. | 0:05:09 | 0:05:12 | |
My ex-husband was looking at a magazine on the Tube, | 0:05:12 | 0:05:16 | |
-and opened it up, and there was this picture... -Yes. -..and all about it. | 0:05:16 | 0:05:20 | |
-How did that make you feel? -Shocked. | 0:05:20 | 0:05:22 | |
Because nobody sort of mentioned it at all, | 0:05:23 | 0:05:26 | |
it was just put under the carpet. | 0:05:26 | 0:05:27 | |
And I can understand the reasons why, | 0:05:27 | 0:05:29 | |
-but it was a shock to find out the way I did. -Mm. | 0:05:29 | 0:05:32 | |
Are you hoping for a particular outcome, | 0:05:32 | 0:05:35 | |
as far as this investigation is concerned? | 0:05:35 | 0:05:37 | |
Well, I'm just hoping that the outcome will be a truthful one, | 0:05:37 | 0:05:39 | |
-but it would just be nice to know someone else's opinion. -Of course. | 0:05:39 | 0:05:43 | |
My target is to find something different to what's been argued | 0:05:43 | 0:05:47 | |
in the past, so that we can show | 0:05:47 | 0:05:50 | |
that Michael Davies' conviction was unsafe. | 0:05:50 | 0:05:53 | |
My role is really to try and step back a little bit | 0:05:53 | 0:05:56 | |
and look at the evidence, but be quite critical. | 0:05:56 | 0:05:58 | |
But I will keep a completely open mind, and I'm not frightened, | 0:05:58 | 0:06:02 | |
having looked at all the evidence, | 0:06:02 | 0:06:04 | |
to stand up and say, these verdicts are not safe, all right. | 0:06:04 | 0:06:07 | |
-That's all we can ask for, really. -Yes, that's right. | 0:06:07 | 0:06:10 | |
Sometimes, in these investigations, the case gets stronger. | 0:06:10 | 0:06:13 | |
If it was a negative conclusion, you'd accept that? | 0:06:13 | 0:06:16 | |
Yes, yes, whatever it is, we would accept, obviously. | 0:06:16 | 0:06:19 | |
Well, that's what we'll be working towards. | 0:06:19 | 0:06:22 | |
-That sounds lovely, yes. -Very nice to meet you both. | 0:06:22 | 0:06:24 | |
-And you. Thank you. -Thank you, Jeremy. | 0:06:24 | 0:06:27 | |
The barristers' curiosity has been piqued | 0:06:29 | 0:06:31 | |
by this case's strange history. | 0:06:31 | 0:06:33 | |
How does a man sentenced to hang, | 0:06:35 | 0:06:38 | |
and who remains a murderer in the eyes of the law, | 0:06:38 | 0:06:40 | |
get released by the Home Secretary after just seven years? | 0:06:40 | 0:06:44 | |
Plainly, the Home Secretary knew something. | 0:06:47 | 0:06:50 | |
But what? | 0:06:50 | 0:06:51 | |
Sasha and Jeremy want to find out. | 0:06:51 | 0:06:54 | |
They will take any evidence they uncover to a judge, | 0:06:56 | 0:06:59 | |
who could recommend the case for review, | 0:06:59 | 0:07:01 | |
or confirm the original guilty verdict. | 0:07:01 | 0:07:04 | |
But first, the barristers need to get to grips with the key facts | 0:07:07 | 0:07:11 | |
of an intriguing case. | 0:07:11 | 0:07:13 | |
So, Jeremy, this was a killing that took place during an attack... | 0:07:15 | 0:07:18 | |
..by a group of Teddy boys in 1953, | 0:07:20 | 0:07:24 | |
after one of their members had been insulted by four other youths. | 0:07:24 | 0:07:29 | |
And when those youths walked away from him, | 0:07:29 | 0:07:32 | |
they reached nearer here, which was where the water fountain | 0:07:32 | 0:07:35 | |
in Clapham Common was, and those four youths were then attacked | 0:07:35 | 0:07:40 | |
by the other members of the Plough Boys gang. | 0:07:40 | 0:07:44 | |
And the fight progressed up there | 0:07:44 | 0:07:47 | |
and it reached the area of the main road here, | 0:07:47 | 0:07:50 | |
and at the same time a bus was going across here | 0:07:50 | 0:07:54 | |
and several of the eyewitnesses saw the fight take place. | 0:07:54 | 0:07:59 | |
Three of them received injuries | 0:07:59 | 0:08:02 | |
and 17-year-old John Beckley collapsed and died, about here, | 0:08:02 | 0:08:08 | |
of his knife injuries. | 0:08:08 | 0:08:12 | |
Well, Sasha, this case has all the hallmarks | 0:08:12 | 0:08:15 | |
of a gang-related incident, doesn't it. | 0:08:15 | 0:08:18 | |
And you and I know just how difficult and complex this type | 0:08:18 | 0:08:22 | |
of situation is for the criminal justice process. | 0:08:22 | 0:08:26 | |
Originally, all six of the attackers were accused of murder. | 0:08:28 | 0:08:32 | |
But in the end, only Michael Davies stood trial for his life. | 0:08:34 | 0:08:38 | |
He had been the first to admit he had been involved in the fight, | 0:08:39 | 0:08:43 | |
though he insisted he had never used a knife. | 0:08:43 | 0:08:46 | |
The big question here is, | 0:08:46 | 0:08:48 | |
did Michael Davies just take the can because someone had to, | 0:08:48 | 0:08:53 | |
or was he the right person? | 0:08:53 | 0:08:55 | |
And that's what we need to look at very, very carefully. | 0:08:55 | 0:08:58 | |
Britain the 1950s was still a place of rationing and post-war austerity. | 0:08:59 | 0:09:04 | |
But those dark days were starting to give way to optimism | 0:09:06 | 0:09:10 | |
and greater affluence. | 0:09:10 | 0:09:11 | |
Teenage boys wanted styles of dress that distinguished them | 0:09:13 | 0:09:16 | |
from their fathers. | 0:09:16 | 0:09:18 | |
The so-called Teddy boy fashion was probably the first of these. | 0:09:20 | 0:09:24 | |
Sharon and Anne have come to Clapham Common | 0:09:28 | 0:09:31 | |
to meet veteran Teddy boy, John van Rheede Toas. | 0:09:31 | 0:09:35 | |
They want to find out more about this colourful group, | 0:09:35 | 0:09:38 | |
the attractions it held for Michael and many like him. | 0:09:38 | 0:09:40 | |
Good afternoon, ladies. | 0:09:42 | 0:09:43 | |
And how one summer's evening, six decades ago, it turned to murder. | 0:09:43 | 0:09:48 | |
-You look very smart. -Yeah. | 0:09:48 | 0:09:51 | |
-I'm trying to reach the original look. -Oh, it's nice, yes. | 0:09:51 | 0:09:54 | |
-I didn't really know what it actually entailed at the time. -No, no. | 0:09:54 | 0:09:58 | |
Well, I replicate it and I copy it. | 0:09:58 | 0:10:01 | |
So how different would it have been when he was one? | 0:10:01 | 0:10:04 | |
Well, the style wouldn't have been a lot different to what I'm wearing. | 0:10:04 | 0:10:08 | |
The Teddy boy was a fashion to start off with. | 0:10:08 | 0:10:11 | |
And it started off in about 1948 with the Savile Row tailors | 0:10:11 | 0:10:14 | |
wanting to bring the Edwardian style back, to try and get away from where | 0:10:14 | 0:10:18 | |
-everything was grey and boring. -Yeah. | 0:10:18 | 0:10:20 | |
And it was all about impressing the girls, | 0:10:20 | 0:10:22 | |
-strutting their stuff and showing off. -Yeah. -Mm. | 0:10:22 | 0:10:26 | |
How do you think all this violence occurred... | 0:10:26 | 0:10:29 | |
-Right, well, I think... -..with the Teddy boys? | 0:10:29 | 0:10:32 | |
I think the thing is, it was all about the image | 0:10:32 | 0:10:34 | |
and looking tough and wanting to be tough. | 0:10:34 | 0:10:37 | |
But this was the first time that Teddy boys had actually | 0:10:37 | 0:10:41 | |
been convicted for murder | 0:10:41 | 0:10:42 | |
and using, openly using weapons and killing somebody. | 0:10:42 | 0:10:46 | |
So do you think it made a difference to the rest of them afterwards? | 0:10:46 | 0:10:49 | |
This one incident, I would say, gave the Teddy boys | 0:10:49 | 0:10:54 | |
-this bad name from there on in. -Right. | 0:10:54 | 0:10:58 | |
And it got this badge, if you like, of violence, | 0:10:58 | 0:11:01 | |
that people shunned Teddy boys and they saw them as a social menace. | 0:11:01 | 0:11:06 | |
-Yeah. -Right. | 0:11:06 | 0:11:07 | |
Among the many peculiarities of this case is that there were two trials. | 0:11:13 | 0:11:17 | |
The first one started with six defendants | 0:11:19 | 0:11:22 | |
but quickly, four of the gang pleaded guilty to minor offences. | 0:11:22 | 0:11:25 | |
Only two men, Ron Coleman and Michael Davies, | 0:11:27 | 0:11:30 | |
stood trial for murder. | 0:11:30 | 0:11:33 | |
But when the jury failed to reach a verdict, | 0:11:33 | 0:11:35 | |
the Crown dropped the charges against Coleman. | 0:11:35 | 0:11:38 | |
And when the second trial began, | 0:11:39 | 0:11:41 | |
Michael Davies was alone in the dock. | 0:11:41 | 0:11:43 | |
The jury couldn't agree on a verdict, which is notable. | 0:11:45 | 0:11:49 | |
At that stage, at the end of the first trial, before the second trial, | 0:11:49 | 0:11:53 | |
the decision was made to proceed against Michael Davies alone, for murder. | 0:11:53 | 0:11:58 | |
But the question arises, well, how is it that the prosecution | 0:11:58 | 0:12:02 | |
were determined to proceed against Michael Davies | 0:12:02 | 0:12:05 | |
to the point eventually of a death sentence, | 0:12:05 | 0:12:08 | |
whereas the others all pleaded guilty to a much lesser offences | 0:12:08 | 0:12:12 | |
and got much, much lesser sentences? | 0:12:12 | 0:12:15 | |
On the face of it, they had every reason to shift the blame | 0:12:15 | 0:12:19 | |
-from themselves and put the spotlight on Michael Davies. -Yes. | 0:12:19 | 0:12:22 | |
So we need to look at this and see whether we can find out | 0:12:22 | 0:12:25 | |
what actually took place. | 0:12:25 | 0:12:27 | |
As well as the barristers, | 0:12:30 | 0:12:33 | |
this is a journey of discovery for Sharon and Anne, | 0:12:33 | 0:12:36 | |
and one that begins at the bandstand on Clapham Common. | 0:12:36 | 0:12:39 | |
On the night of the incident, the band would have been playing here | 0:12:41 | 0:12:45 | |
and the incident started by some benches. | 0:12:45 | 0:12:48 | |
Four particular individuals, one of which was the deceased, | 0:12:48 | 0:12:52 | |
they were sitting on a bench opposite each other | 0:12:52 | 0:12:55 | |
and one of the Plough Boys, Ron Coleman, | 0:12:55 | 0:12:58 | |
who was a defendant in this case, tried to walk through. | 0:12:58 | 0:13:01 | |
The boys stuck their legs out, were being obstructive | 0:13:01 | 0:13:05 | |
and started making rather offensive remarks | 0:13:05 | 0:13:08 | |
about Ron Coleman's clothing. | 0:13:08 | 0:13:10 | |
He walked through and eventually teamed up | 0:13:10 | 0:13:13 | |
with other members of his gang, the Plough Boys, | 0:13:13 | 0:13:17 | |
one of which was Michael Davies. | 0:13:17 | 0:13:19 | |
The four guys sat on the benches decided it was time to go, | 0:13:21 | 0:13:25 | |
otherwise they were going to get beaten up. | 0:13:25 | 0:13:29 | |
So they started walking towards the north side. | 0:13:29 | 0:13:31 | |
The four made it as far as a water fountain | 0:13:33 | 0:13:35 | |
before the Plough Boys ran them down. | 0:13:35 | 0:13:38 | |
All that's been taken away now, | 0:13:39 | 0:13:41 | |
this was the original location of the fountain, right. | 0:13:41 | 0:13:43 | |
So the boys would have run all the way, obviously from the bandstand, | 0:13:43 | 0:13:47 | |
up to this point where, if you like, they bomb burst every way | 0:13:47 | 0:13:51 | |
in different directions, trying to get away from the Plough Boys. | 0:13:51 | 0:13:55 | |
Two of them managed to get on to the Underground. | 0:13:57 | 0:13:59 | |
Beckley and Chandler got on to a 137 bus... | 0:14:01 | 0:14:06 | |
..and the bus slowly moved towards the next stop. | 0:14:09 | 0:14:13 | |
OK, we get to the point now in the story where the bus | 0:14:17 | 0:14:21 | |
obviously slowed down completely in traffic. | 0:14:21 | 0:14:24 | |
The Plough Boys have now caught up and literally this is the point | 0:14:24 | 0:14:28 | |
where they were dragged off the bus. | 0:14:28 | 0:14:30 | |
There was a big scuffle and there was a big fight at this point. | 0:14:30 | 0:14:32 | |
-So this is when the incident started to unfold... -Exactly. | 0:14:35 | 0:14:39 | |
-..and tensions were heightened... -Exactly. | 0:14:39 | 0:14:42 | |
-And matters became serious. -Yeah. | 0:14:42 | 0:14:44 | |
Because it would appear that it was at that stage | 0:14:44 | 0:14:48 | |
that the stabbing took place. | 0:14:48 | 0:14:50 | |
We finally arrive at Okeover Manor | 0:14:55 | 0:14:57 | |
and this was the point where John Beckley couldn't cope any longer. | 0:14:57 | 0:15:02 | |
He'd run out of energy, he run about another 100 yards | 0:15:03 | 0:15:06 | |
and he just literally slumped against the wall, | 0:15:06 | 0:15:09 | |
due to his stab wounds. | 0:15:09 | 0:15:11 | |
Obviously, he dies, does John Beckley. | 0:15:14 | 0:15:16 | |
It was a chaotic situation. | 0:15:17 | 0:15:19 | |
But one key eyewitness identified Michael Davies as the knifeman. | 0:15:21 | 0:15:25 | |
She'd had a grandstand view from the top deck of the very bus | 0:15:27 | 0:15:31 | |
from which John Beckley had been dragged. | 0:15:31 | 0:15:33 | |
She was on top of that bus, it was 20 to ten at night, | 0:15:35 | 0:15:38 | |
it was not the best light at all. | 0:15:38 | 0:15:42 | |
In the context of this quick, scary incident, | 0:15:42 | 0:15:46 | |
this begs the question of whether this person was Michael Davies. | 0:15:46 | 0:15:50 | |
This is one eyewitness in highly unsatisfactory circumstances. | 0:15:50 | 0:15:55 | |
Don't you agree? | 0:15:55 | 0:15:57 | |
Well, I do agree but...that is the nature of eyewitness testimony | 0:15:57 | 0:16:01 | |
wherever there is a fault. | 0:16:01 | 0:16:03 | |
-Fallibility, it's also the fallibility of eyewitness... -Exactly, I agree. | 0:16:03 | 0:16:07 | |
John Beckley had been stabbed to death | 0:16:07 | 0:16:10 | |
but no murder weapon had been recovered. | 0:16:10 | 0:16:12 | |
-Hello, John. -Hello. | 0:16:12 | 0:16:14 | |
Even descriptions of it were confused. | 0:16:14 | 0:16:16 | |
-Now, you're an armourer... -I am. | 0:16:18 | 0:16:20 | |
..and you've come to help us with the case of Michael Davies, | 0:16:20 | 0:16:24 | |
where a knife was used to cause death, | 0:16:24 | 0:16:27 | |
but the knife in question was never found by the police. | 0:16:27 | 0:16:30 | |
That's right. | 0:16:30 | 0:16:32 | |
What we do have is a description given by one of the main prosecution | 0:16:32 | 0:16:37 | |
witnesses, a woman called Mary Frayling, | 0:16:37 | 0:16:40 | |
who said she saw what happened from the top of a bus | 0:16:40 | 0:16:43 | |
and she said that she saw what she thought | 0:16:43 | 0:16:47 | |
was either a razor or a penknife being used. | 0:16:47 | 0:16:51 | |
And she used the colour green to describe the penknife. | 0:16:51 | 0:16:55 | |
So can you talk us through some of the weapons | 0:16:55 | 0:16:57 | |
-that you've got before you today? -OK. | 0:16:57 | 0:17:01 | |
Well, you mentioned the cut-throat razor. | 0:17:01 | 0:17:03 | |
This here is a cut-throat razor. | 0:17:03 | 0:17:05 | |
As you can see, it's quite a large weapon | 0:17:05 | 0:17:08 | |
and under the evidence that was given, it was folding away. | 0:17:08 | 0:17:11 | |
The problem with this weapon, if it was used in a stabbing motion, | 0:17:11 | 0:17:14 | |
it's completely blunt at the end, so you couldn't stab anybody with it. | 0:17:14 | 0:17:17 | |
So one of the two types of weapon she described | 0:17:17 | 0:17:19 | |
-is simply not applicable. -Not applicable. -Right. | 0:17:19 | 0:17:22 | |
So cut-throat razor no, not for stabbing. | 0:17:22 | 0:17:24 | |
OK, this is a period flick knife. | 0:17:24 | 0:17:27 | |
This is the sort of weapon that could be used | 0:17:28 | 0:17:31 | |
to inflict a stab-type wound. | 0:17:31 | 0:17:32 | |
Again, I believe the wound was over three inches, was it? | 0:17:32 | 0:17:35 | |
Just over three inches, yes. | 0:17:35 | 0:17:37 | |
OK, so again that's approximately three inches, | 0:17:37 | 0:17:39 | |
-so a quick stabbing motion with that. -Yes. -That's a possibility. | 0:17:39 | 0:17:42 | |
-Right. -But back in the '50s, this was easily obtained | 0:17:42 | 0:17:44 | |
-and wasn't illegal back then. -Right. | 0:17:44 | 0:17:46 | |
In the absence of a murder weapon, | 0:17:47 | 0:17:49 | |
the police actually bought a knife and began to treat it as an exhibit, | 0:17:49 | 0:17:54 | |
even introducing it in court. | 0:17:54 | 0:17:56 | |
A knife similar to this was in fact bought by one of the officers | 0:17:56 | 0:18:00 | |
in the case, on the basis that it matched a description given | 0:18:00 | 0:18:04 | |
by one of the witnesses. | 0:18:04 | 0:18:06 | |
This is a typical period blade that could be easily purchased | 0:18:06 | 0:18:09 | |
in any of the shops, you know, that would sell these sort of things. | 0:18:09 | 0:18:13 | |
The folding one has a very sharp point and it's over three inches. | 0:18:13 | 0:18:16 | |
What this officer, DC Drury, did was to buy a knife like that, | 0:18:16 | 0:18:20 | |
even though no murder weapon had been found, | 0:18:20 | 0:18:24 | |
and it certainly featured in evidence and was shown to witnesses | 0:18:24 | 0:18:28 | |
at various times. | 0:18:28 | 0:18:30 | |
So that's a matter we're going to have to look in to. | 0:18:30 | 0:18:33 | |
It's worth remembering that officer's name - Kenneth Drury. | 0:18:35 | 0:18:38 | |
Back then, he was just a detective constable, | 0:18:38 | 0:18:42 | |
helpfully filling a gap in the evidence. | 0:18:42 | 0:18:44 | |
But he was to become one of the most notorious policemen | 0:18:46 | 0:18:49 | |
in the history of Scotland Yard. | 0:18:49 | 0:18:51 | |
Sharon and Anne have come to Lambeth Archives | 0:18:55 | 0:18:57 | |
to try and find out a bit more about Michael's case. | 0:18:57 | 0:19:00 | |
Michael grew up in Clapham, the youngest of three children. | 0:19:03 | 0:19:06 | |
He had served in the Merchant Navy and the RAF. | 0:19:06 | 0:19:10 | |
He had a record of minor offences, but nothing violent. | 0:19:10 | 0:19:14 | |
She said, " 'There were about six boys, they held him by the arms, | 0:19:16 | 0:19:21 | |
" 'I thought that they were helping him. | 0:19:21 | 0:19:23 | |
" 'The boys ran off and Beckley staggered to the wall | 0:19:23 | 0:19:25 | |
" 'and was left to die.' | 0:19:25 | 0:19:27 | |
"The prosecution allege also that he wounded two other youths | 0:19:27 | 0:19:32 | |
"with the same knife. | 0:19:32 | 0:19:33 | |
"Davies said he had to get rid of the knife. | 0:19:33 | 0:19:37 | |
"He said there was no claret blood on it." | 0:19:37 | 0:19:40 | |
-But is that true? -Mm, yeah. | 0:19:40 | 0:19:43 | |
The newspapers of the day paint an unflattering picture | 0:19:43 | 0:19:45 | |
of Sharon's Uncle Mick. | 0:19:45 | 0:19:48 | |
I mean, deep down, I hope and think he was innocent, but it puts doubts, | 0:19:48 | 0:19:52 | |
when you read all these things. | 0:19:52 | 0:19:54 | |
Are they actually telling the truth, are they lying? | 0:19:54 | 0:19:57 | |
This was from the Daily Mirror, and there's a picture of Michael, | 0:19:57 | 0:20:01 | |
"The thug who impressed teenage girls | 0:20:01 | 0:20:04 | |
"with his flash clothes and his big talk." | 0:20:04 | 0:20:07 | |
-I do remember him sort of talking flashily sometimes. -Do you? | 0:20:07 | 0:20:11 | |
Yeah. But not harmfully, just jokingly, but... | 0:20:11 | 0:20:14 | |
There's photographs of Michael Davies, | 0:20:14 | 0:20:18 | |
"Alleged to be the youth who stabbed Beckley to death." | 0:20:18 | 0:20:21 | |
It's him, but it doesn't look like him. | 0:20:21 | 0:20:23 | |
I mean, even I would know that was him, yeah. | 0:20:23 | 0:20:27 | |
"Michael Davies, whose highest ambition | 0:20:27 | 0:20:31 | |
"is to be leader of the teenage gangsters, | 0:20:31 | 0:20:35 | |
"was last night sentenced to death | 0:20:35 | 0:20:38 | |
"for the murder on Clapham Common." | 0:20:38 | 0:20:40 | |
I mean, the more I'm hearing about it, if he is innocent, | 0:20:40 | 0:20:44 | |
-the more I'm feeling really sad for him... -Yes. | 0:20:44 | 0:20:47 | |
-Yeah, of course. -What he went through. | 0:20:47 | 0:20:49 | |
It's all just repeating itself, | 0:20:49 | 0:20:51 | |
but what we want is the truth out of that. | 0:20:51 | 0:20:54 | |
Sasha and Jeremy want to know more about the evidence | 0:20:56 | 0:20:59 | |
given by the prosecution witnesses. | 0:20:59 | 0:21:01 | |
Cold-case expert Cheryl Allsop is here to help. | 0:21:04 | 0:21:07 | |
They start with two key witnesses - | 0:21:08 | 0:21:11 | |
the women on the top deck of the 137 bus. | 0:21:11 | 0:21:14 | |
The thing that really struck me about this | 0:21:16 | 0:21:19 | |
was how very specific they were about one person. | 0:21:19 | 0:21:22 | |
And how very specific they were that they both had the same description, | 0:21:22 | 0:21:26 | |
in terms of sallow complexion, thin features, dark hair, | 0:21:26 | 0:21:30 | |
brightly coloured tie, dark suit. | 0:21:30 | 0:21:33 | |
Firstly, this was not a fleeting glimpse, was it, | 0:21:33 | 0:21:37 | |
because they were at the front of the bus, glass window, | 0:21:37 | 0:21:40 | |
what they were seeing was an uninterrupted view. | 0:21:40 | 0:21:43 | |
-Yes. -You're concerned about the similarity of their evidence, | 0:21:43 | 0:21:47 | |
but wouldn't it be the most natural thing in the world for two people | 0:21:47 | 0:21:51 | |
together on a bus saying, in effect, did you see that, | 0:21:51 | 0:21:54 | |
did you see the other, before they came to make their police statements? | 0:21:54 | 0:21:57 | |
Yes, certainly. I guess what I'm thinking as well is, | 0:21:57 | 0:22:00 | |
they didn't describe anybody else or see anything else, yet, as you said, | 0:22:00 | 0:22:03 | |
it was a commotion, a kerfuffle going on. | 0:22:03 | 0:22:06 | |
It's interesting it's the same detective who took both their statements. | 0:22:06 | 0:22:09 | |
I'd just be interested to see his notes from this. | 0:22:09 | 0:22:12 | |
It just makes me question, if you like, the credibility of it all. | 0:22:12 | 0:22:16 | |
Could they have seen what they are describing, and remembered all this? | 0:22:16 | 0:22:20 | |
The other distinctive feature of this murder is its gang character, | 0:22:21 | 0:22:25 | |
and the shifting accounts of Michael Davies' accomplices. | 0:22:25 | 0:22:28 | |
I think it's really interesting. | 0:22:30 | 0:22:31 | |
The fact that, first of all, you have the co-accused, | 0:22:31 | 0:22:34 | |
so five people that were accused with Davies at the time, | 0:22:34 | 0:22:37 | |
who continually change their statements. | 0:22:37 | 0:22:40 | |
So, you start off having a description of the fight, | 0:22:40 | 0:22:42 | |
how they came to be in the area at the time. | 0:22:42 | 0:22:45 | |
And then, suddenly they start to mention Davies and a knife, | 0:22:45 | 0:22:48 | |
not seeing the knife, but then suddenly he's talking about a knife, | 0:22:48 | 0:22:51 | |
he's talking about how to get rid of a knife. | 0:22:51 | 0:22:53 | |
So you wonder, why would you not mention that immediately | 0:22:53 | 0:22:56 | |
because that's very significant in something like this. | 0:22:56 | 0:22:58 | |
So why have they changed their story? | 0:22:58 | 0:23:00 | |
You're talking about a group of individuals involved | 0:23:00 | 0:23:03 | |
in a violent attack and someone dying. | 0:23:03 | 0:23:05 | |
-The incentive for lying is high, isn't it? -Yes. | 0:23:05 | 0:23:09 | |
They've all, you know, by their own admission, been involved in a fight, | 0:23:09 | 0:23:12 | |
so they're already in trouble, if you like. | 0:23:12 | 0:23:15 | |
So, it wouldn't take a wild leap in the dark for them to think, well, | 0:23:15 | 0:23:18 | |
"I've been identified in this fight." | 0:23:18 | 0:23:20 | |
You start to think, well, you can see why they'd want to | 0:23:20 | 0:23:23 | |
cover their own...back, wouldn't you, really, | 0:23:23 | 0:23:25 | |
because it could've ended up being them that were accused, | 0:23:25 | 0:23:28 | |
-so I couldn't say... -Convicted? -Convicted. | 0:23:28 | 0:23:30 | |
Convicted of murder, and hanged. | 0:23:30 | 0:23:32 | |
And given the death penalty. | 0:23:32 | 0:23:34 | |
So the incentive for saying, "I didn't have the knife, but he did..." | 0:23:34 | 0:23:38 | |
..cries out, does it not? | 0:23:39 | 0:23:41 | |
No, that is a matter that has caused both of us concern, | 0:23:41 | 0:23:44 | |
we just don't know. It is unsatisfactory. | 0:23:44 | 0:23:47 | |
All of the points that were made by Cheryl were valid points, | 0:23:47 | 0:23:51 | |
and they were all points that were made during the course of the trial. | 0:23:51 | 0:23:54 | |
All of the witnesses that she spoke about, | 0:23:54 | 0:23:57 | |
and whose witness statements she analysed, | 0:23:57 | 0:24:00 | |
they were witnesses who were cross-examined forcefully at trial. | 0:24:00 | 0:24:04 | |
And the jury heard the challenges, | 0:24:04 | 0:24:06 | |
and must have rejected them in order to find the case proved | 0:24:06 | 0:24:09 | |
against Michael Davies. | 0:24:09 | 0:24:11 | |
There are two aspects of the case that concern me most. | 0:24:12 | 0:24:15 | |
The first is Miss Frayling's evidence, | 0:24:15 | 0:24:18 | |
and how she came to be so clear | 0:24:18 | 0:24:21 | |
in her identification of Michael Davies, | 0:24:21 | 0:24:25 | |
combined with the involvement of DC Drury, | 0:24:25 | 0:24:28 | |
who took a number of witness statements. | 0:24:28 | 0:24:31 | |
I want to look much more closely at Drury. | 0:24:31 | 0:24:34 | |
The other aspect of the case concerns this quagmire | 0:24:34 | 0:24:38 | |
of information coming from the other boys, men, thugs, | 0:24:38 | 0:24:44 | |
whatever you like to call them, involved in the attack on the night. | 0:24:44 | 0:24:48 | |
Their accounts change materially. | 0:24:48 | 0:24:51 | |
They're arrested for murder, they're questioned for murder, | 0:24:51 | 0:24:55 | |
they end up pleading guilty to common assault. | 0:24:55 | 0:24:59 | |
They're given six nine-month sentences, | 0:24:59 | 0:25:01 | |
Michael Davies is sentenced to hang. | 0:25:01 | 0:25:04 | |
The whole case is one that gives rise to fundamental concern. | 0:25:04 | 0:25:09 | |
Upon sentence, Michael's sister, Joyce, Sharon's mum, | 0:25:13 | 0:25:17 | |
began a campaign to prove his innocence and save his life. | 0:25:17 | 0:25:21 | |
But it was all done quietly. | 0:25:22 | 0:25:24 | |
This is the first time that Sharon and Anne have seen these letters... | 0:25:24 | 0:25:28 | |
..including one sent to the then-Home Secretary. | 0:25:29 | 0:25:32 | |
This is the letter that Joyce wrote to Sir Maxwell Fife | 0:25:33 | 0:25:39 | |
on the 10th of November, 1953. | 0:25:39 | 0:25:42 | |
-"I would like to bring to your notice..." -Oh, that's right. | 0:25:42 | 0:25:45 | |
"..certain parts of the evidence, which sincerely hope you will give | 0:25:45 | 0:25:49 | |
"your fullest consideration. | 0:25:49 | 0:25:51 | |
"My mother is distraught with grief. | 0:25:51 | 0:25:54 | |
"Michael, having always been to her a splendid son." | 0:25:54 | 0:25:57 | |
I can't understand how your mother... | 0:26:00 | 0:26:03 | |
-I mean, I understand... -How she, you know, had this all on her mind, | 0:26:04 | 0:26:08 | |
and didn't tell anybody about it. | 0:26:08 | 0:26:10 | |
I can understand not telling just friends or acquaintances, | 0:26:10 | 0:26:13 | |
but sort of close family, I think that's | 0:26:13 | 0:26:16 | |
a bit strange, not to have shared any of that at all. | 0:26:16 | 0:26:20 | |
After Michael Davies' appeal was turned down, | 0:26:22 | 0:26:25 | |
he wrote to his brother, David, from the condemned cell. | 0:26:25 | 0:26:29 | |
"Dear Dave, just a few lines to let you know | 0:26:29 | 0:26:32 | |
"I'm still keeping well and fit. | 0:26:32 | 0:26:34 | |
"As you know by now, my appeal has been dismissed. | 0:26:34 | 0:26:38 | |
"I was very shocked at the outcome. | 0:26:38 | 0:26:41 | |
"I really expected to get the same as the rest of the boys got, | 0:26:41 | 0:26:44 | |
"because I'm not guilty of this terrible charge they have brought against me. | 0:26:44 | 0:26:48 | |
"This whole affair has been a great strain on Mum, | 0:26:48 | 0:26:52 | |
"and I don't think that I will ever be able to make amends | 0:26:52 | 0:26:55 | |
"for all the worry and heartache I have caused her." | 0:26:55 | 0:26:59 | |
Still facing the rope, Michael wrote to the Home Secretary. | 0:26:59 | 0:27:03 | |
"I, Michael John Davies, take leave to petition for a reprieve | 0:27:05 | 0:27:10 | |
"on the following grounds, | 0:27:10 | 0:27:12 | |
"that I am not guilty of the offence I am charged with. | 0:27:12 | 0:27:15 | |
"That at no time did I come into physical contact with the dead boy. | 0:27:15 | 0:27:20 | |
"I have never owned a knife of any sort, | 0:27:20 | 0:27:23 | |
"and most certainly never used one to attack anybody with. | 0:27:23 | 0:27:27 | |
"My home life is of a normal, average family, | 0:27:27 | 0:27:30 | |
"with a perfectly happy environment. | 0:27:30 | 0:27:33 | |
"I am a keen swimmer, follow professional boxing regularly, | 0:27:33 | 0:27:38 | |
"also football. | 0:27:38 | 0:27:40 | |
"I have very good references from my places of employment, | 0:27:40 | 0:27:43 | |
"including the Merchant Navy. | 0:27:43 | 0:27:45 | |
"Sir, I remain your obedient servant." | 0:27:45 | 0:27:48 | |
-I'm thinking... -Again, he sounds desperate. | 0:27:50 | 0:27:52 | |
Oh, of course, absolutely desperate. | 0:27:52 | 0:27:54 | |
The Home Secretary did commute Michael Davies' death sentence | 0:27:57 | 0:28:00 | |
to one of life imprisonment. | 0:28:00 | 0:28:02 | |
But the impression of something strange at the heart of the case lingered. | 0:28:04 | 0:28:08 | |
The fight went on. | 0:28:08 | 0:28:10 | |
The noted campaigner, Lord Longford, had become involved, | 0:28:11 | 0:28:15 | |
and in 1958, he and Joyce submitted a pile of new evidence | 0:28:15 | 0:28:19 | |
in the hope of overturning the guilty verdict. | 0:28:19 | 0:28:22 | |
Cold-case expert Cheryl Allsop has examined the paperwork | 0:28:24 | 0:28:27 | |
thrown up by the case. | 0:28:27 | 0:28:30 | |
I've got a few statements that the people originally involved in the | 0:28:30 | 0:28:33 | |
fight have made. A couple of ones I want to draw your attention to. | 0:28:33 | 0:28:36 | |
So, Coleman who, in the first investigation, | 0:28:36 | 0:28:39 | |
gave two or three statements about Davies having a knife. | 0:28:39 | 0:28:41 | |
He gives another statement to the police in 1956, | 0:28:41 | 0:28:45 | |
where he says Davies had the knife. | 0:28:45 | 0:28:47 | |
-This is three years after the conviction? -Yes. | 0:28:47 | 0:28:50 | |
Then in 1958, he speaks to Lord Longford, and in that he says, | 0:28:50 | 0:28:55 | |
"I am convinced Davies is innocent." | 0:28:55 | 0:28:58 | |
He's saying what Lord Longford wants to hear, isn't he? | 0:28:58 | 0:29:01 | |
Potentially, yeah. Potentially, could be. | 0:29:01 | 0:29:04 | |
And then we come to further statements to the police by Wood. | 0:29:04 | 0:29:09 | |
So, you recall, Wood was one of the people involved originally. | 0:29:09 | 0:29:12 | |
And he is really quite explicit about, you know, | 0:29:12 | 0:29:16 | |
the way he was questioned by the police. | 0:29:16 | 0:29:18 | |
So he says, when he was first questioned, | 0:29:18 | 0:29:21 | |
"One of you is going to hang for this." | 0:29:21 | 0:29:23 | |
"We know one of you had a knife." | 0:29:23 | 0:29:25 | |
Can I just ask you, did he name the officer who made those threats? | 0:29:25 | 0:29:28 | |
He hasn't said. He hasn't said. | 0:29:28 | 0:29:30 | |
He just said, when he was interviewed. | 0:29:30 | 0:29:32 | |
And he makes it clear, he said, | 0:29:32 | 0:29:35 | |
"I did not see Davies with a knife in his hand | 0:29:35 | 0:29:37 | |
"during the fight or after the fight." | 0:29:37 | 0:29:40 | |
What he clearly does in this statement, by mentioning | 0:29:40 | 0:29:44 | |
that the police said to him pretty early on, | 0:29:44 | 0:29:47 | |
one of you can hang for this... | 0:29:47 | 0:29:49 | |
-Yes. -..is he's reinforcing the suggestion | 0:29:49 | 0:29:52 | |
that the pressure was being put on these guys | 0:29:52 | 0:29:55 | |
to pin the murder on one of them, | 0:29:55 | 0:29:58 | |
and the obvious candidate was Michael Davies, | 0:29:58 | 0:30:00 | |
because he was the only one that had admitted being present. | 0:30:00 | 0:30:03 | |
Don't you think that's a realistic scenario? | 0:30:03 | 0:30:05 | |
I have to say, | 0:30:05 | 0:30:07 | |
I'm concerned about the picture that was being generated publicly. | 0:30:07 | 0:30:12 | |
Lord Longford, a very powerful, influential figure. | 0:30:12 | 0:30:16 | |
A lot of publicity generated. | 0:30:16 | 0:30:18 | |
People are coming forward to change their story for Lord Longford. | 0:30:18 | 0:30:21 | |
-Again... -It is a classic situation of people wanting to be important, | 0:30:21 | 0:30:25 | |
wanting to be in the public eye, | 0:30:25 | 0:30:27 | |
-and one can't take that out of the equation. -Yes. | 0:30:27 | 0:30:30 | |
In June 1958, Michael Davies was told | 0:30:30 | 0:30:32 | |
that although there was no grounds for overturning his guilty verdict, | 0:30:32 | 0:30:37 | |
he was to be released once he had completed seven years of his sentence. | 0:30:37 | 0:30:42 | |
Michael Davies left Wandsworth Prison in October 1960. | 0:30:44 | 0:30:48 | |
If Michael Davies was guilty of murder, | 0:30:50 | 0:30:52 | |
which in the eyes of the law he still was, what possible reason | 0:30:52 | 0:30:57 | |
could there be for releasing him after such a short time? | 0:30:57 | 0:31:00 | |
It didn't smell right. | 0:31:00 | 0:31:03 | |
And the smell has not improved since then. | 0:31:03 | 0:31:05 | |
The source of it is a detective | 0:31:07 | 0:31:09 | |
who was central to the case from day one. | 0:31:09 | 0:31:12 | |
Detective Constable Kenneth Drury went on to become | 0:31:15 | 0:31:21 | |
superintendent in the murder squad, | 0:31:21 | 0:31:22 | |
and then commander of the Flying Squad. | 0:31:22 | 0:31:25 | |
Now, Drury took a number of important statements | 0:31:25 | 0:31:30 | |
affecting Michael Davies' case. | 0:31:30 | 0:31:32 | |
In particular, the witness statement of Miss Frayling, | 0:31:32 | 0:31:37 | |
the key identification witness. | 0:31:37 | 0:31:40 | |
He also took statements from other members of Michael Davies' group, | 0:31:40 | 0:31:44 | |
gang, whatever you like to call them. | 0:31:44 | 0:31:47 | |
As you know, on the 7th of July, 1977, | 0:31:47 | 0:31:51 | |
Drury was convicted of five counts of corruption | 0:31:51 | 0:31:56 | |
and imprisoned for eight years. | 0:31:56 | 0:31:58 | |
And crucially, what emerged was a statement from one officer | 0:31:58 | 0:32:02 | |
who worked with Drury as a, quote, "close friend and colleague", | 0:32:02 | 0:32:07 | |
and said that Drury often received payoffs from criminals, | 0:32:07 | 0:32:11 | |
and also that he was, quote, "a past master of the arts, | 0:32:11 | 0:32:15 | |
"falsifying or manipulating alibi statements, | 0:32:15 | 0:32:19 | |
"and the manipulation of identification procedures, | 0:32:19 | 0:32:23 | |
"as well as the repeated harassment of witnesses | 0:32:23 | 0:32:27 | |
"until he got what he wanted from them". | 0:32:27 | 0:32:30 | |
Sasha, it's my view that | 0:32:30 | 0:32:32 | |
what we have uncovered in relation to Drury, | 0:32:32 | 0:32:37 | |
it founds the basis for an argument that Michael Davies' | 0:32:37 | 0:32:42 | |
conviction should be looked at again. | 0:32:42 | 0:32:47 | |
Well, Jeremy, I agree, this is absolutely explosive, | 0:32:47 | 0:32:52 | |
because although he wasn't the senior investigating officer | 0:32:52 | 0:32:55 | |
in the Davies case, he clearly had a close involvement | 0:32:55 | 0:32:59 | |
with several pivotal witnesses. | 0:32:59 | 0:33:02 | |
The issue is, we are talking about an officer | 0:33:02 | 0:33:05 | |
who was convicted in 1977 | 0:33:05 | 0:33:09 | |
of deeply, deeply unattractive misconduct. | 0:33:09 | 0:33:14 | |
Now, whether he was up to his tricks in this case, we simply don't know. | 0:33:14 | 0:33:19 | |
I am seriously troubled by this, | 0:33:19 | 0:33:22 | |
and this puts a different complexion on the case. | 0:33:22 | 0:33:26 | |
What Sasha and I have uncovered is the involvement, | 0:33:28 | 0:33:33 | |
if not the central involvement, of a truly corrupt police officer. | 0:33:33 | 0:33:37 | |
And there are indications that the very types of evidence that | 0:33:38 | 0:33:42 | |
Michael Davies was convicted on, identification evidence, | 0:33:42 | 0:33:46 | |
accomplice-type evidence, is exactly the kind of testimony | 0:33:46 | 0:33:51 | |
Drury got himself busy with, and will certainly form the platform | 0:33:51 | 0:33:55 | |
for my arguments that Michael Davies could well and truly have been | 0:33:55 | 0:33:59 | |
a victim of a miscarriage of justice. | 0:33:59 | 0:34:01 | |
There is nothing more damaging to the integrity | 0:34:03 | 0:34:06 | |
of the criminal justice system than a corrupt police officer. | 0:34:06 | 0:34:10 | |
And as far as I am concerned, this is a potential game changer. | 0:34:10 | 0:34:15 | |
Sasha and Jeremy prepare to meet Judge David Radford | 0:34:16 | 0:34:20 | |
with their new evidence. | 0:34:20 | 0:34:22 | |
It's not a straightforward case, | 0:34:23 | 0:34:25 | |
and I really don't know how the judge is going to see the situation, | 0:34:25 | 0:34:28 | |
but I genuinely feel that there are significant representations to make | 0:34:28 | 0:34:32 | |
that this was a miscarriage of justice. | 0:34:32 | 0:34:35 | |
The barristers are joined by Anne and Sharon. | 0:34:36 | 0:34:39 | |
I just want to get my uncle's name proved that he didn't do what he was | 0:34:40 | 0:34:44 | |
supposed to have done, that he'll be innocent. | 0:34:44 | 0:34:46 | |
So, I'm convinced it's going to go that way. | 0:34:46 | 0:34:49 | |
-Hello, Sharon. Hello, Anne. -Hi, there. -Hi. -How are you? | 0:34:50 | 0:34:53 | |
-I'm fine. -How are you feeling, Sharon? -Confident. | 0:34:53 | 0:34:56 | |
-Yes. Very, hopefully. Yes. -Yep. | 0:34:58 | 0:35:01 | |
It was very confusing before, but after witnessing everything, | 0:35:01 | 0:35:04 | |
I'm confident that you've both been able to find something... | 0:35:04 | 0:35:07 | |
Yeah, something new is what we need to convince the judge that the case | 0:35:07 | 0:35:10 | |
should be looked at again. | 0:35:10 | 0:35:12 | |
But it is his decision in the end, obviously. | 0:35:12 | 0:35:15 | |
Anne and Sharon know that Judge David Radford | 0:35:15 | 0:35:18 | |
will treat the new evidence just as he would a submission in court. | 0:35:18 | 0:35:22 | |
Miss Wass and Mr Dean, | 0:35:26 | 0:35:29 | |
as you know, I'm here this afternoon to consider, with your assistance, | 0:35:29 | 0:35:34 | |
the case of Michael John Davies. | 0:35:34 | 0:35:37 | |
So, Mr Dein, can I turn to you first? | 0:35:37 | 0:35:39 | |
As your honour knows, Michael Davies was convicted of the murder | 0:35:39 | 0:35:44 | |
of John Beckley on the 22nd of October 1953. | 0:35:44 | 0:35:49 | |
In the course of this enquiry, | 0:35:49 | 0:35:51 | |
I believe that important new evidence has emerged | 0:35:51 | 0:35:57 | |
which casts doubt upon Mr Davies' conviction. | 0:35:57 | 0:36:02 | |
Now, the new material, it concerns the involvement, | 0:36:02 | 0:36:07 | |
history and character of one of the investigating officers, | 0:36:07 | 0:36:12 | |
DC Kenneth Drury. | 0:36:12 | 0:36:14 | |
He has now been shown to have been a thoroughly and almost unbelievably | 0:36:14 | 0:36:19 | |
corrupt police officer, | 0:36:19 | 0:36:22 | |
whose outrageous misconduct casts a shadow over the whole | 0:36:22 | 0:36:27 | |
of the investigation against Michael Davies. | 0:36:27 | 0:36:30 | |
And it's my submission that there is a clear inference | 0:36:30 | 0:36:34 | |
that the police investigation was tainted as a result. | 0:36:34 | 0:36:37 | |
No-one can therefore say with confidence that the investigation | 0:36:37 | 0:36:42 | |
into Michael Davies' case was not corrupted by Drury, | 0:36:42 | 0:36:47 | |
and that Your Honour should conclude that there could well have been | 0:36:47 | 0:36:51 | |
a miscarriage of justice. | 0:36:51 | 0:36:53 | |
Yes, thank you, Mr Dein, and Miss Wass. | 0:36:53 | 0:36:56 | |
Jeremy has made his case, | 0:36:56 | 0:36:58 | |
but will Sasha side with him? | 0:36:58 | 0:37:00 | |
Now, the prosecution relied very heavily on the eyewitness evidence | 0:37:02 | 0:37:07 | |
of the two women at the top of the 137 bus. | 0:37:07 | 0:37:11 | |
Both said they saw a man with a knife... | 0:37:11 | 0:37:15 | |
..and one of them identified Michael Davies as the man with the knife. | 0:37:16 | 0:37:22 | |
As Mr Dein has said, it is now clear | 0:37:23 | 0:37:27 | |
that the officer who had initial and direct contact | 0:37:27 | 0:37:32 | |
with those two critical independent witnesses | 0:37:32 | 0:37:37 | |
was Detective Constable Kenneth Drury, as he then was. | 0:37:37 | 0:37:42 | |
What is known now about Kenneth Drury's conduct and his means | 0:37:43 | 0:37:50 | |
of operating corruptly, undermine any confidence | 0:37:50 | 0:37:54 | |
that the prosecution can have in the safety of this conviction. | 0:37:54 | 0:38:00 | |
Well, I shall consider and reflect upon your submissions | 0:38:00 | 0:38:05 | |
and in due course let you know what my conclusion is. | 0:38:05 | 0:38:08 | |
Thank you very much. | 0:38:08 | 0:38:10 | |
After you. | 0:38:11 | 0:38:13 | |
Right, well, did you manage to follow all of that? | 0:38:19 | 0:38:23 | |
-Yes. -Yes, absolutely. -What's your reaction to learning...? | 0:38:23 | 0:38:25 | |
-Shocked. -Very. Yes. | 0:38:25 | 0:38:28 | |
-Dreadful. -It is dreadful. It is dreadful. -Yes, absolutely. | 0:38:28 | 0:38:31 | |
I think what the judge may be concerned about, | 0:38:31 | 0:38:34 | |
and we don't know what he was thinking, is that we now know, | 0:38:34 | 0:38:38 | |
because of what happened in the 1970s, how corrupt this officer was, | 0:38:38 | 0:38:42 | |
but whether he is able to say that that would necessarily have affected | 0:38:42 | 0:38:48 | |
the events of 1953, that's really the problem. | 0:38:48 | 0:38:52 | |
Kenneth Drury's criminality is beyond doubt, | 0:38:52 | 0:38:56 | |
but does it have any bearing on Michael Davies' conviction? | 0:38:56 | 0:38:59 | |
The judge is ready to give his opinion. | 0:39:00 | 0:39:03 | |
The sole basis upon which I'm invited to conclude | 0:39:07 | 0:39:11 | |
that Mr Davies' conviction is unsafe | 0:39:11 | 0:39:13 | |
is because one of the lower-ranked detectives who worked on the investigation, | 0:39:13 | 0:39:19 | |
the then Detective Constable Kenneth Drury, | 0:39:19 | 0:39:22 | |
was later convicted in 1977 of corruption, | 0:39:22 | 0:39:27 | |
when a detective superintendent. | 0:39:27 | 0:39:30 | |
Whilst I can understand the concerns | 0:39:30 | 0:39:33 | |
that these revelations have occasioned, | 0:39:33 | 0:39:37 | |
it is right to note that nothing has been uncovered as a consequence | 0:39:37 | 0:39:43 | |
that reveals any actual evidence of corruption or misconduct. | 0:39:43 | 0:39:48 | |
True it is that Detective Constable Drury took down some, | 0:39:48 | 0:39:53 | |
but by no means all, of the witness statements. | 0:39:53 | 0:39:56 | |
Those witnesses went on to make sworn statements | 0:39:56 | 0:40:01 | |
before the magistrates, and then gave detailed evidence on oath | 0:40:01 | 0:40:05 | |
in the original trial and then again in the retrial. | 0:40:05 | 0:40:09 | |
The convicting jury were aware of those facts, | 0:40:09 | 0:40:13 | |
and were therefore well placed to judge the reliability | 0:40:13 | 0:40:17 | |
of the evidence those witnesses gave. | 0:40:17 | 0:40:20 | |
Merely because Mr Drury behaved corruptly and mendaciously | 0:40:21 | 0:40:26 | |
many years later in relation to wholly unrelated cases | 0:40:26 | 0:40:31 | |
cannot without more, in my view, sensibly lead | 0:40:31 | 0:40:35 | |
to a conclusion that he was the cause of untrue evidence. | 0:40:35 | 0:40:38 | |
The conclusion I have reached is there is no fresh basis | 0:40:38 | 0:40:43 | |
which enables me to conclude | 0:40:43 | 0:40:46 | |
that there was an unsafe verdict in this case. | 0:40:46 | 0:40:50 | |
I shall rise. | 0:40:50 | 0:40:52 | |
-Are you very disappointed? -Yes. -Yes. | 0:41:01 | 0:41:04 | |
One of the difficulties was trying to prove events backwards. | 0:41:04 | 0:41:08 | |
-Yes. -What the judge has effectively said is, we don't have proof | 0:41:08 | 0:41:12 | |
that he was corrupt. | 0:41:12 | 0:41:14 | |
Well, there wasn't the sort of documentation in cases in those days | 0:41:14 | 0:41:19 | |
of dealings that police officers had with witnesses | 0:41:19 | 0:41:23 | |
-that we have nowadays. -Yes. | 0:41:23 | 0:41:25 | |
So, although one can imagine what might have happened, | 0:41:25 | 0:41:29 | |
and we've used our common sense and experience to imagine | 0:41:29 | 0:41:33 | |
-what we think is a likely scenario, we can't prove it. -No. | 0:41:33 | 0:41:38 | |
And that is very, very disappointing. | 0:41:38 | 0:41:43 | |
-I can fully understand the judge's approach... -Yes, I can understand. | 0:41:43 | 0:41:47 | |
..but I don't share his view. | 0:41:47 | 0:41:49 | |
Thank you both for your understanding and your patience. | 0:41:49 | 0:41:51 | |
Well, we know you've done your best, that's all we could have asked for. | 0:41:51 | 0:41:54 | |
-Lovely to have met you both. -And you. -Thank you. | 0:41:54 | 0:41:57 | |
Well, I know the judge obviously came to the decision, | 0:42:03 | 0:42:05 | |
and I understand how, | 0:42:05 | 0:42:07 | |
but at the same time, it is bitterly disappointing. | 0:42:07 | 0:42:11 | |
I was obviously hoping for better news. | 0:42:11 | 0:42:14 | |
It's so large an area. No wonder there were so many people here. | 0:42:15 | 0:42:19 | |
It makes you feel you're part of it again. | 0:42:19 | 0:42:22 | |
Sort of expecting him to turn up. | 0:42:22 | 0:42:25 | |
Extremely disappointed but perhaps, you know, | 0:42:25 | 0:42:28 | |
if there hadn't been this gap of so many years, | 0:42:28 | 0:42:31 | |
it might have been totally different. | 0:42:31 | 0:42:34 | |
I mean, when you think about it, this is the last place | 0:42:34 | 0:42:38 | |
where he can remember when he had a really good time. | 0:42:38 | 0:42:41 | |
-Yes, that's right. -Having fun. | 0:42:41 | 0:42:43 | |
And then his life changed completely. | 0:42:43 | 0:42:46 | |
I just think if the evidence had been against him, | 0:42:47 | 0:42:50 | |
he would have got the death sentence. | 0:42:50 | 0:42:52 | |
There would have been no question of life or seven years. | 0:42:52 | 0:42:56 | |
So, with that in my mind, I haven't changed my view. | 0:42:56 | 0:42:59 | |
I still insist to me that he was innocent. | 0:42:59 | 0:43:02 | |
It just puts a different light on, I don't know, on lots of things, | 0:43:04 | 0:43:08 | |
-doesn't it? -Yes. We've done what we thought was the best thing. -Exactly. | 0:43:08 | 0:43:11 |