19 October 1999
Guildford Four: 10 years on
An injustice that still reverberates
A decade after bombing convictions
were quashed, the freed four and the legal system have not found all the
answers
By David Pallister
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 1974 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 35.
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 Lane's 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 effects
For the four people who had lost their youth, a personal
trauma of equal intensity lay in store. As Gareth Peirce, Gerry Conlon's
solicitor, put it: "They come out with no money and no counselling. They
have no references, it's difficult to open a bank account, you can't get
a mortgage. They have no GP. You don't belong."
Little things - the pace of life and the gadgetry
invented since 1974 - caused panic. They found the noise of traffic and
crossing the road frightening. "You're inadequate, you've 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 1991. 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. "I've 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. He's 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 1968. 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 government's assessor, Sir David
Calcutt. Three have agreed a settlement of around £500,000 but Hill's
final figure has still to be arrived at. All the solicitors believe Calcutt
has been mean with his awards. Oliver Kelly, Hill's 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 1992 court of appeal judgment in the Judith Ward M62 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 steps
The Conservative government's response was Lord Runciman's
royal commission which reported in 1993 - 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 defendant's 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 government's commitment in opposition not to
renew it. In addition, the government's proposal to remove the defendants'
right to elect jury trial in "either way" cases will add to the number
of miscarriages of justice."
Political dynamic
Anne Owers, the director of Justice which campaigned
on unpopular cases years before the Guildford appeal, was more sanguine.
"On balance I think things have got better," she said. "Juries treat police
evidence in a very different way. But there has been a political dynamic
with both main parties wanting to be tough on crime that has led to regressive
legislation. Now the pendulum now seems to be swinging back because of
the impending human rights act."
Reservations about whether the balance on disclosure
is right have spawned a plethora of internal reviews. At the last count
these were being conducted by the home office, the Royal Academy of Forensic
Scientists, the Criminal Bar Association, the crown prosecution service,
the police and the Law Society.
The Guildford Four, who launched this legislative
ferment, may be forgiven for still feeling let down and left behind. The
state simply hoped they would go away. "The government still owes us an
apology," said Gerry Conlon. "We were four nonentities and we were ignored
by the establishment. We have been disgustingly dealt with." |