18 June 2003
Pair win appeal against murder
conviction after 14 years in jail
By Owen Bowcott
Two men who spent 14 years in prison for
the murder of a drug dealer yesterday had their convictions quashed by
the court of appeal, which ruled that police put misleading evidence before
their trial.
The court confirmed that Anthony Poole,
41, and Gary Mills, 43, should be freed, citing two reasons raised at earlier
appeals. The men had been released on bail last week pending yesterday's
announcement.
They were jailed for life at Bristol crown
court in January 1990 for the fatal stabbing of Hensley Wiltshire during
a fight at a flat in Gloucester in January 1989.
Mr Mills and Mr Poole, both from Gloucester,
served the minimum 10-year tariff for their sentences but refused to be
released on parole until their case was re-examined. Last year it was referred
back to the court of appeal by the criminal cases review commission.
At the royal courts of justice in London
yesterday, Lord Justice Auld, Mr Justice Keith and Mr Justice Simon said
their appeals were being allowed on two grounds: the prosecution withholding
evidence that might have undermined the testimony of a witness, and a detective's
misleading "hearsay" summary of an account given by another witness, Ian
Juke, who did not attend the trial.
Mr Mills and Mr Poole now plan to sue Gloucestershire
police. "The judgment doesn't go nearly in depth as it should in damning
the police," Mr Poole said after yesterday's hearing. "After 14 years,
they say a few words and that's it." Mr Mills added: "I would rather the
police were prosecuted than us having to sue them. Justice certainly hasn't
been done."
The men were alleged to have beaten Wiltshire
with a crowbar and stabbed him 17 times. Mr Mills said he had acted in
self-defence after being repeatedly attacked by Wiltshire, and Mr Poole
denied taking part in the fight.
At the centre of their battle to clear
their names was the role of Detective Inspector Trevor Gladding, one of
the police leading the inquiry. He sued the Channel 4 programme Trial and
Error after it alleged he had warned Mr Juke, who saw the fight, not to
attend a committal hearing. The jury upheld Channel 4's defence of justification.
In its judgment yesterday the appeal court
said: "DI Gladding incorrectly gave the impression that the prosecution
had required [Mr Juke] to attend those proceedings ... This was dishonestly
misleading evidence."
One of the grounds of appeal was that the
close examination in the libel trial of Det Insp Gladding's conduct in
relation to Mr Juke "revealed a level of impropriety that tainted the whole
police investigation".
Gloucestershire police yesterday issued
a statement saying it "respects the decision of the court", adding: "We
will be examining the judgment in detail before deciding upon any further
action ... We are pleased the court found that there was no evidence of
systemic corruption or dishonesty." |