EuropeSouth AsiaAsia PacificAmericasMiddle EastAfricaBBC HomepageWorld ServiceEducation
News imageNews imageNews imageNews imageNews image
BBC Homepagelow graphics version | feedback | help
BBC News Online
News image You are in: UK: Wales
Front Page 
World 
UK 
Northern Ireland 
Scotland 
Wales 
UK Politics 
Business 
Sci/Tech 
Health 
Education 
Sport 
Entertainment 
Talking Point 
In Depth 
AudioVideo 
News image Thursday, 16 December, 1999, 19:30 GMT
Murder suspect's evidence 'unsafe'

Darren Hall Darren Hall arrives at the Court of Appeal


The Court of Appeal has heard a Welsh murder suspect was deprived of access to a solicitor at crucial stages during his initial period of detention.

Darren Hall was also chained to a radiator at a Cardiff police station as detectives investigated the murder of newsagent Philip Saunders.

Barrister Edward Fitzgerald said Hall was also mentally unstable and his confession to witnessing the murder of Mr Saunders could not be relied on.

Safeguard

Mr Fitzgerald told the court that legal authority was clear that representation was necessary to avoid the pitfalls created in the case.

"This wasn't just some academic exercise," he said.

"That safeguard was there for a very good reason, because people who are 18, emotionally unstable, and facing interrogation of this sort on a serious matter for the first time do need a solicitor.


Ellis Sherwood Ellis Sherwood leaves court
"If they don't have it the very dangers that these statutory provisions were intended to prevent are likely to occur."

Hall's youth at the time, his mental instability and the lack of access to a lawyer had made for what Mr Fitzgerald called a "deadly concoction from the point of view of producing an unreliable result."

"He needed a solicitor; he didn't have one. That's one of the reasons why this resulting series of confessions and contradictory remarks are thoroughly unlreliable," he added.

Mr Fitzgerald said Hall's psychological "abnormalities" cast a heavy doubt on the reliability of his evidence during the trial.

"That was, and remains, the pillar of this case," he added.

Judge Mr Justice Astill suggested the motive behind Hall's handcuffing may have been to stop him absconding from Canton Police Station.


Michael O'Brien Michael O'Brien at the Court of Appeal
But Mr Fitzgerald continued: "Even if there were extenuating circumstances for the police, which we don't accept, the question is: Was something done which had an adverse effect on the reliability of the confessions?

"This is all part of a picture of oppressive and unlawful conduct which did have the effect of rendering anything said or done by Hall unreliable."

Mr Fitzgerald was making final submissions in the closing stages of the appeals by Hall, 30, from Newport, Michael O'Brien, 31, and Ellis Sherwood, 30, both from Cardiff.

The trio were sentenced to life imprisonment in July 1988 for the murder of Mr Saunders.

All three were released on bail last December pending the outcome of their appeal.

Mr Saunders died in hospital five days after a brutal robbery in which he was struck over the head with a shovel.

The prosecution case rested heavily on statements by Hall that he had acted as look-out for the other two while they attacked the newsagent.

Sound evidence

But defence lawyers insist Hall's damning evidence was undermined by his fragile mental state and propensity to lie and fantasise.

Winding up the prosecution case Gerard Elias QC urged Lord Justice Roch, Mr Justice Astill and Mr Justice Keene to uphold the convictions, which he said were based on sound evidence.

"We submit that on an analysis of the evidence, and on an analysis of Hall's account implicating himself and the other two, the court should be satisfied that the evidence in this case was safe for the jury to act upon, that the convictions were right, and accordingly you should say that the convictions remain safe".

But Mr Fitzgerald said the prosecution was simply relying on "bits and pieces" thrown up at the end of the case once the "central part of the evidence" had been undermined.

The hearing continues.
News image
News imageSearch BBC News Online
News image
News image
News imageNews image
Advanced search options
News image
Launch console
News image
News image
News imageBBC RADIO NEWS
News image
News image
News imageBBC ONE TV NEWS
News image
News image
News imageWORLD NEWS SUMMARY
News image
News image
News image
News image
News imageNews imageNews imageNews imagePROGRAMMES GUIDE
News imageNews image

See also:
News image
News image 22 Dec 98 |  UK
News image Murder charge trio freed for appeal
News image
News image 10 Dec 99 |  Wales
News image Murder confessions 'at risk' of being unreliable
News image
News image 13 Dec 99 |  Wales
News image Ex-policeman 'lost' murder evidence
News image
News imageNews image

Internet links:
News image
News image
News image

The BBC is not responsible for the content of external internet sites
News image
Links to other Wales stories are at the foot of the page.
News image
News image
E-mail this story to a friend

Links to more Wales stories



News imageNews image