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Andrew Malkinson was released after 17 years

News that a major inquiry has been announced following the appalling Malkinson case when he was exonerated over a rape for which he wrongly spent 17 years in prison, underlines how pressure is now mounting for a full legal investigation into the behaviour of Wales’ biggest police force, after a series of high-profile miscarriages of justice.

Andrew Malkinson had strong support and there will now be an inquiry

The Ministry of Justice said the kind of investigation that has been unveiled (which is non-statutory) into the Andrew Malkinson incident was “the most appropriate option, building on the approach taken in other individual cases”. The Director or Public Prosecutions (DPP), Max Hill, KC, said: “We welcome and will cooperate fully with the inquiry into the role of all parties”.

The probe will take place alongside a Law Commission review into how the wider appeals process, including the Criminal Cases Review Commission (CCRC), operates.

The justice secretary, Alex Chalk, said: “Andrew Malkinson suffered an atrocious miscarriage of justice and he deserves thorough and honest answers as to how and why it took so long to uncover”.

What exactly are they doing?!

But this information underscores the refusal of growing demands for a judicial inquiry in Wales into the numbers of miscarriages there, and comes amid mounting concern that a country of only 3.1 million people has FOUR forces.

The numbers for which Wales’ largest service, South Wales Police (SWP), are responsible, include: The Cardiff Three (Five), The Cardiff Newsagent Three, The Darvell Brothers, Jonathan Jones (The Tooze Murders), as well as Annette Hewins.

Our Editor, Welshman Phil Parry, with Mike O’Brien, one of those wrongly convicted after a flawed police investigation, at the Media Conference calling for an inquiry into the actions of South Wales Police

However this shameful list does NOT have on it all those innocent people, who were convicted of less important crimes than murder, yet who now have a record which will affect them for the rest of their lives, and there is a powerful argument for getting rid of SWP completely.

Media Conference (MC), was held last year (at which our Editor, Phil Parry, spoke) calling for the judicial inquiry to uncover the truth about these miscarriages, but it was immediately refused. Following the MC some then marched to the Welsh Parliament/Senedd Cymru (WP/SC), and Welsh Government (WG) buildings, with a number of politicians backing a Statement of Opinion to support the calls for an inquiry.

Demonstrators want a legal inquiry

A rally was held too on July 20 outside Cardiff Crown Court by protesters demanding it as well.

An Early Day Motion (EDM) in the UK Parliament has also been tabled and was signed by several MPs, emphasising the growing number of questions.

It declared: “…this House notes the series of cases since the 1980s investigated by South Wales Police force that resulted in wrongful convictions; further notes the devastating impact that wrongful accusation and imprisonment can have on people subject to miscarriages of justice; expresses concern that many of the perpetrators of these crimes have yet to be found; and calls on the Ministry of Justice to organise a judicial inquiry into all miscarriages of justice that took place between 1982 and 2016”.

Liz Saville-Roberts, MP, is leader of Plaid Cymru in the House of Commons, and tabled the motion highlighting miscarriages by South Wales Police which called for a judicial inquiry

The motion was immediately signed by three Plaid Cymru (Plaid) MPs, including the party’s leader in the House of Commons (HoC), who tabled the motion, Liz Saville-Roberts.

At the MC, Phil said to the audience that he was regularly approached by solicitors during the 1990s, who said the police were doing bad things, and that something had to be done. On one occasion he was told to put away his notebook because he was informed that no record should be made of the conversation. He also described how other forces had been put in ‘special measures’, but that this was the least that should be done with SWP.

Wales has FOUR police forces!

Phil stressed the disturbing fact that areas with a greater population, have FEWER police forces. “It is ridiculous that in a population of 3.1 million people we in Wales have FOUR forces, he said: “Scotland is much bigger, but only has ONE. London has almost nine million people yet has just TWO Think of the public money that is wasted duplicating resources, to pay fat salaries to all those Assistant Chief Constables, and Chief Constables!”.

The MC was organised by Mike O’Brien of the Cardiff Newsagent Three miscarriage of justice, who talked movingly about how his fitness had been badly affected after he spent 11 years inside prison, for a crime he did not commit.

Cardiff newsagent, Phillip Saunders, and one of the three people wrongly convicted of his murder, Mike O’Brien

Mr O’Brien told The Eye“My health has been ruined, and there has been long-lasting damage. My miscarriage of justice case has caused a huge family rift”. Mr O’Brien, who is now in his fifties, was jailed wrongly in 1988 for the killing of Cardiff newsagent, Phillip Saunders.

Another who spoke emotionally of what had happened to him, was John Actie, one of the Cardiff Three/Five. He was accused of involvement in the murder of 20-year-old Lynette White, who was viciously killed in James Street in what is now known as Cardiff Bay.

Murderer Jeffrey Gafoor and photofit the police had originally

Three BLACK men had been convicted of the murder (although FIVE, including Mr Actie, were put on trial), when one WHITE man (Jeffrey Gafoor) was finally caught years later through DNA analysis.

He confessed to carrying out the terrible 1988 murder, and even apologised, through his barrister, to the others who had been incorrectly jailed.

The Cardiff Three. Three black men were convicted of murder (although FIVE were put on trial), but one white man actually did it

The five innocent men, were arrested in December 1988 after detectives had been on the case for 10 months, and were pursuing a suspect seen nearby (who looked EXACTLY like Gafoor), minutes following the murder. But when SWP changed the investigating team, and pressure mounted to make an arrest, attention turned to locals. Despite no forensic evidence connecting the five to Ms White’s murder they were taken in.

A website highlighting their case has been launched called “Justice for the Cardiff 5”. It exposes the failings by SWP investigating officers, and bolsters demands for a judicial inquiry.

Several programmes have been broadcast looking at the events in which the police played such a major part, and a number are in production now. Early last year, another was transmitted examining Mr O’Brien’s story in detail.

Several programmes have been broadcast

The promotional material before one of them, proclaimed: “Episode One Monday 23rd May at 9pm Raphael Rowe delves into the brutal murder of Cardiff newsagent Phillip Saunders in 1987. The episode examines the investigation that led to the conviction of three innocent men, which resulted in their wrongful imprisonment. The episode reveals shocking police threats and coercion that led to the arrest and incarceration of Michael O’Brien, Ellis Sherwood and Darren Hall. After the men had spent more than a decade behind bars, a court appeal quashed the original verdict, but the unsolved case continues to haunt the city. Plus, for the first time ever, the victim’s sister and nephew break a 35-year silence and reveal exclusive insights into the case”.

Phil Jones formerly of South Wales Police had a “lack of moral fibre” according to the judge when he was jailed

Adding to the woes of SWP, and emphasising the EDM as well as the inquiry announced following the Malkinson case, is that a former head of CID was recently jailed. A highly complex sting operation trapped one time Detective Chief Superintendent Phil Jones, which involved the bugging of cars, and deploying of decoy ‘clients’ who made out they wanted to pay for information. It climaxed in Mr Jones admitting to paying an ex-colleague to supply him with information from police databases, after he retired from SWP to run a private investigations agency in 1997.

Even before these terrible details emerged, Sky documentaries were broadcast, called Murder in the Valleys (MITV), looking into the horrific Clydach murders in 1999, when four people (Mandy Power her elderly disabled mother Doris, and two young children) were brutally beaten to death.

Campaigners supported David (Dai) Morris, before he died in prison still protesting his innocence

David ‘Dai’ Morris was jailed for life for the terrible crime, and the police insist that he was justly convicted, although he died in prison still protesting his innocence.

The successful prosecution case against him was that he went to Ms Power’s high on drink and drugs looking for sex, but after he had been spurned he beat the entire family to death. Yet the evidence suggests that it was the elderly mother who was the first to die, when presumably it would have been the person doing the spurning who would have been the initial victim!

Mandy Power, her two daughters Katie and Emily, along with disabled mother Doris Dawson, were all beaten to death

Another television programme late last year, on 5Star (which pretended to be looking into ‘cold cases’), though was VERY different. and incurred the wrath of many close to what had happened. 5Star is a free-to-air television channel owned by Paramount Networks UK & Australia and a sister to Channel 5, which specialises in documentaries. One of the daughters of Mr Morris, Janiene Marie O’Sullivan, publicly declared to her dedicated website group: “I am finding it difficult to put into words how it made me feel….Basically it was a whole hour of Martin Lloyd-Evans (who led the investigation into the Clydach Murderstalking rubbish!…South Wales police have done themselves no favours again with this one”.

Mr Morris’s sister Debra Thomas also said on the site: “Can you believe the utter verbal diarrhoea Martin Lloyd was spouting in that cheap channel 5 program…I also know the journalist is on this group so I hope and pray she gets to read this.”  

And: “What disgraceful journalism!! They should hang their heads in shame”.

Mike O’Brien has been badly affected by what happened

The website Mrs Thomas helped set up, along with her niece, questions her brother’s guilt and has almost 31,000 members. On it she published a reply from Channel 5 to her complaint about the programme, but above the letter she wrote: “What research did they do????”.

Mr O’Brien appears on MITV saying that he believes the conviction of Mr Morris IS in fact another miscarriage of justice. He told the MITV documentary-makers:  “When I was released from prison I remember…saying ‘I’m going to be South Wales Police’s worst nightmare for what they did to me’, and I meant every word of it”.

There is little to smile about for David Thorne…

In a formal interview for MITV (they wouldn’t do one with Phil), Assistant Chief Constable (ACC) of SWP, David Thorne, made a startling admission, about the mistakes that were made by the police in the earlier miscarriages of justice. During filming for the programme Mr Thorne appeared on, a forensic review found traces of DNA on a sock which it is believed was used to hold the murder weapon, that were “more likely than not” to have come from Mr Morris, and SWP trumpeted the finding.

Dai Morris’ sister, Debra (now Thomas) with parents after the first conviction: ‘They’ve got the wrong man’

They effectively said:  ‘We know we got it wrong in the past, but this time is different. Trust us’.

Yet a long-running campaign has been launched to establish Mr Morris’ innocence, and after the first trial when he was convicted, his sister Debra gave a tearful press conference with her parents when she stressed her belief that he was NOT guilty. She said: “He just didn’t do these things…they’ve got the wrong man”.

David Thorne of South Wales Police on ‘Murder in the Valleys’ – ‘We got it wrong, but this time we are right’

ACC Thorne, though, insisted on MITV, that Mr Morris was the RIGHT man, but acknowledged that mistakes had been made in previous police inquiries. He proclaimed:  “It’s safe to say we got it wrong (in the past).  We absolutely got it wrong. (There were) HUGE errors in the way investigations were conducted (but) we HAVEN’T found that in this case.  This is not a miscarriage of justice”.

Phil said the wrong people were locked up

However Phil had made a BBC Panorama television programme about the shocking Clydach Murders a few years after they had been committed in 1999, and he was the first to question the police actions during THIS investigation too.  As he said in the opening of the programme: “One police force in Britain has a disturbing record of locking up the wrong people in murder cases”.

During MITV, the Senior Investigating Officer (SIO) at the time, Mr Evans (who mixed up the words ‘sublime’ and ‘subdued’ on camera), was questioned about the apparent mistake of not releasing to the public a witnesses E-Fit constructed soon after the murders, which, it said, had a 90 per cent likeness. He replies that because the man seen was carrying a bag, and it was believed the killer did not have one, it was not put out.

Martyn Lloyd Evans should look up what words mean!

Mr Evans said: “I didn’t think it was relevant”, but the E-Fit matched almost exactly the face of the first senior police officer on the scene, Inspector (at the time) Stuart Lewis, who (against all procedure) had only stayed there a matter of minutes, or that of his identical twin brother (another police officer, Sergeant [also at the time] Stephen Lewis, whose wife was having a gay affair with one of the victims).

Inspector Stuart Lewis, had changed his shift to be on that night, however at crucial hours during the murders his whereabouts were unknown.

Martyn Lloyd Evans on ‘Murder in the Valleys’, didn’t think an E-Fit was ‘relevant’

He was driving a red Peugeot diesel, and a car similar to this was spotted near the murder scene. So to say the E-Fit was ‘not relevant’, appeared bizarre in the extreme, to critics of the police.

Mr Evans’ boss at the time, as the then head of SWP CIDWynne Phillips, also said something incredible: “We can’t manufacture evidence”. But events before the murders, showed that SWP have done EXACTLY that.

Wynne Phillips, formerly head of CID South Wales Police on ‘Murder in the Valleys’ – ‘We can’t manufacture evidence’

To take just one of those cases (in which Phil was intimately involved, because he had made ANOTHER programme questioning THAT conviction [The Cardiff Newsagent Three]), the police MANUFACTURED (as Mr Phillips said they DIDN’T do) an overheard ‘confession’ between the young men they had arrested, when an admission was effectively made to the murder of the newsagent, and they presented before the court ‘EVIDENCE’ that the group had run from the scene, but one of the three had bad legs and couldn’t run at all.

‘NOW LOOK HERE SOUTH WALES POLICE!’

Now there is evidence of a top-level investigation being launched following the awful Malkinson case highlighting as it does, how pressure is now mounting for a legal investigation into the behaviour of SWP, despite the refusal…

 

The memories of Phil’s extraordinary 40 year award-winning career in journalism (including stories involving South Wales Police) as he was gripped by the rare incurable disabling condition Hereditary Spastic Paraplegia (HSP), have been released in the book ‘A GOOD STORY’. Order the book now!

Choose them carefully…

Tomorrow – how the use of accurate words have always been central for Phil, as he looks on horrified with Donald Trump now saying the formal levelling of charges against him made it “a very sad day”, when his mugshot was taken and he was fingerprinted, after again wheeling out the ciché that he is victim of a “witch-hunt”.