Thursday, January 23, 2020

The guildford four

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After the incredulity and then the euphoria of release from jail, the four people who had served 15 years for the Guildford pub bombings in 174 had to find a life. Three are now married with families but the years of adjustment have been painful. Ten years ago today the only thing that mattered was when Lord Lane, the lord chief justice, pronounced those magic words the convictions of Gerry Conlon, Carole Richardson, Paul Hill and Paddy Armstrong were unsafe and unsatisfactory. Conlon, a wild and wiry bundle of suppressed energy with delirious sisters on either arm, was the only one to face the crowds outside the front door of the Old Bailey. He punched the air in defiance and ran the wrong way down the street. Just like a confused animal, his lawyer thought. Conlon was then 5. Richardson, 17 at the time of her arrest, was shocked and weak at the knees. She and her former boyfriend, Armstrong, disappeared separately out the back. She just wanted to hide. Hill, who was still serving life for a murder in Northern Ireland, was taken to Crumlin Road prison in Belfast and bailed two days later. Theirs was the first of the momentous Irish miscarriage of justice cases which convulsed the criminal justice system and led to a rare royal commission. The crisis of confidence was encapsulated in one of Lord Lanes concluding remarks The officers must have lied. The ramifications - on disclosure of evidence, the right to silence and to jury trials, the credibility of the police, the quality of forensic services and the question of racism - are still reverberating. Psychological effectsFor the four people who had lost their youth, a personal trauma of equal intensity lay in store. As Gareth Peirce, Gerry Conlons solicitor, put it They come out with no money and no counselling. They have no references, its difficult to open a bank account, you cant get a mortgage. They have no GP. You dont belong. Little things - the pace of life and the gadgetry invented since 174 - caused panic. They found the noise of traffic and crossing the road frightening. Youre inadequate, youve no skills, said Conlon. But the most serious effects of 15 years in prison, most of them in category A, was psychological. Three years ago Adrian Grounds, a psychiatrist at the Institute of Criminology at Cambridge, examined Conlon and four of the Birmingham Six who were released in 11. He found that they were suffering from irreversible, persistent and disabling post-traumatic stress syndrome. He compared their mental state with that of brain damaged accident victims or people who had suffered war crimes. It often made them impossible to live with, he said. Some have fared worse than the others. After some manic trans-Atlantic campaigning for the Birmingham Six and other victims of injustice, Conlon descended into a cocaine haze, from which he is only now emerging. Ive been off it since last November, he says. He is on the dole in a one bedroom flat on the south coast, and seeking the counselling that he realises he needed long ago. For a while the cocaine took away the nightmares. Armstrong, 48, tried to settle into work but got caught up in the temptations of drink and gambling. He is now married and living in Dublin with a child. Hes unemployed and friends say just coping. Hill, 44, who had his Belfast conviction quashed, famously married Courtney Kennedy, the daughter of Robert Kennedy who was assassinated in 168. They live with their three-year-old child in Washington. But their marriage has had its strains to the extent that they sought help. Richardson, who has kept the lowest profile, has probably emerged the strongest, despite eight years on category A in grim Durham prison. She is happily married with an eight-year-old daughter, says her solicitor Alastair Logan. All four received ex-gratia compensation payments after several years negotiating with the governments assessor, Sir David Calcutt. Three have agreed a settlement of around £500,000 but Hills final figure has still to be arrived at. All the solicitors believe Calcutt has been mean with his awards. Oliver Kelly, Hills Belfast lawyer, describes him as stingy, uncooperative and inaccessible. Mr Kelly says His assessments fall far short of what a reasonable person would expect. In these cases there should be no penny pinching. Mrs Peirce says his miserly approach was the final insult. Mr Logan, for Richardson, believes that Calcutt should have awarded punitive damages. The case and those that followed contributed to a change of culture in the system. Police and forensic science witnesses were no longer considered infallible. Confessions alone meant risky justice. There was a recognition that terrible mistakes had and could be made. Prosecutors had to be more open and judges more sensitive. The high point in this sea change, it is widely held, was the 1 court of appeal judgment in the Judith Ward M6 coach bombing case which delivered a searing indictment of police, crown lawyers and scientists for their failure to disclose relevant material. Twelve soldiers and members of their families, returning to Catterick camp in North Yorkshire, were killed in the explosion. Retrograde stepsThe Conservative governments response was Lord Runcimans royal commission which reported in 1 - ironically the year of the bungled Stephen Lawrence murder investigation and the appointment of the reactionary home secretary Michael Howard. Its key proposal, a criminal cases review commission, was up and running three years later. Despite early criticism of its lack of independent investigative powers, its robust approach in sending many cases back to the court of appeal has been applauded. Chris Mullin, now environment minister and the former chairman of the home affairs select committee which championed the Birmingham Six, said the commission was a large step forward which had to be hard fought for. Most of the changes have been undoubtedly for the better. But some of the other laws that have flown from its recommendations have been seen as retrograde. Defence barristers and civil liberties groups unanimously criticised the erosion of the right to silence. A judge can now draw adverse inferences from a defendants refusal to answer police questions, although Mr Mullin argued that it was not unreasonable to expect a person to give an account of themselves if they were innocent. The critics also condemned disclosure rules that say the defence has to reveal its case while the prosecution retains the right to hand over only what it thinks is relevant. Mrs Peirce says The royal commission was illiberal. Things have got worse now as any defence lawyer will tell you. John Wadham, the director of Liberty, added The Guildford Four were the first people detained under the prevention of terrorism act and it is disappointing that this legislation remains in place, despite the peace process and the governments commitment in opposition not to renew it. In addition, the governments proposal to remove the defendants right to elect jury trial in either way cases will add to the number of miscarriages of justice.


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