Bernard O'Mahoney - Essexboys - The Triple Rettendon Murders - Documents

Essexboys - Documents

An Investigation on behalf of the CCRC

AN INVESTIGATION ON BEHALF OF THE CRIMINAL CASES REVIEW COMMISSION INTO ASPECTS OF THE CONVICTION OF MICHAEL STEELE AND JACK WHOMES

1.0 The applicants, Michael John STEELE and Jack Arthur

WHOMES, were convicted of murder at the Central Criminal Court on 20th January 1998. On 25th January 1999, the Court of Appeal dismissed their subsequent appeals.

Mr STEELE and Mr WHOMES then applied to the Criminal Cases Review Commission to refer their convictions to the Court of Appeal. The Commission decided that enquiries should be made to assist in the exercise of its functions.

Under Section 19 of the Criminal Appeals Act 1995 the Commission required Essex Police to appoint an officer serving in another Police Force to carry out those enquiries.

2.0 INVESTIGATING OFFICER

The Commission approved the appointment of [then] Detective Superintendent Steven Bradley READ of the Hertfordshire Constabulary as the Investigating Officer. [On 26th January 2004, Mr READ transferred to North Yorkshire Police on promotion to Detective Chief Superintendent].

3.0 DIRECTIONS TO INVESTIGATING OFFICER

The original 'Directions to Investigating Officer' were as follows:

"There is evidence to show that the prosecution witness Darren NICHOLLS was in contact with representatives of the print and electronic media before he gave evidence at the trial of Michael STEELE and Jack WHOMES. Mr NICHOLLS was a Protected Witness under the supervision of Essex Police. He spent part of the time prior to the trial in the Protected Witness Units within H.M.P "BLANKED OUT"'Alpha' and H.M.P "BLANKED OUT" 'Beta'. Circumstances suggest that the police officers and prison officers might have been aware of Mr NICHOLLS dealings with the representatives of the media. No information regarding such contacts was disclosed to the defence at the trial.

The Investigating Officer is directed to:

• Make enquiries to establish what evidence there is to show that Mr NICHOLLS' dealings with the media at the relevant time were known to officers of Essex Police, the Metropolitan Police, the Crown Prosecution Service and/or the Prison Service.

• Make enquiries as to whether there is any evidence to show that any police or prison officers connived in arranging or facilitating Mr NICHOLLS' contacts with representatives of the media.

These enquiries should include:

• An examination of Mr NICHOLLS' circumstances between the time of his arrest in May 1996 and the end of his trial in January 1998, in particular to include consideration of where Mr NICHOLLS was held, records relating to his detention, which persons (whether from within or outside the police) had contact with Mr NICHOLLS during this time and what control was exercised by Essex Police and/or the prison service over who had contact with Mr NICHOLLS during this time.

• An examination of the extent to which individuals within Essex Police, the Metropolitan Police, the Crown Prosecution Service and [the] Prison Service were aware of Mr NICHOLLS' contacts with the media

prior to the trial and the extent to which they promulgated their knowledge thereof. In particular, enquiries should be made to ascertain whether there is any truth in the allegations that Mr THOMPSON was able to visit within the Witness Protection Units at HMP "BLANKED OUT" 'Alpha' and HMP "BLANKED OUT" 'Beta' and that filming of Mr NICHOLLS took place within police cells prior to the trial.

• Interviews with such of the following people as may assist the Investigating Officer in these enquiries:

• Officers of Essex Police and the Metropolitan Police who had contact with and/or responsibility for Darren NICHOLLS at the relevant time.

• Officers of the Prison Service who worked at the Protected Witness Units at HMP "BLANKED OUT" 'Alpha' and HMP "BLANKED OUT" 'Beta' at the time that Mr NICHOLLS was there.

• Individuals from the Crown Prosecution Service who had responsibility for the prosecution of Mr STEELE and Mr WHOMES.

Any other witnesses believed to have information relevant to the above enquiries."

3.1 Following representations from the Investigating Officer the Directions were extended as follows:

"Make enquiries to establish what evidence there is to show that Mr NICHOLLS' evidence at the trial may have been in any way affected by his dealings with the media"

3.2 Following interviews with a number of protected witnesses the Directions were further extended, as follows:

" Make enquiries to establish whether there is any evidence to support the allegation that Darren NICHOLLS falsified his account of the events surrounding the murders, either with the support of police officers or otherwise "

4.0 THE INVESTIGATION

This section of the report will, where possible, reflect the chronological order of the investigation.

This report contains extracts from the accounts given by the

various witnesses interviewed during the investigation. In most cases these accounts are contained in witness statements. However, there are also extracts from two interviews 'under caution'. The extracts included are those most pertinent to the 'Directions' given to the Investigating Officer. However, for the sake of clarity, some of the accounts given by 'main' or 'significant' witnesses are shown in full.

The full statements and interview transcripts are contained within the appropriate appendices of this report.

4.1 Following the investigation team's examination of the original

'Directions to Investigating Officer', they formed the opinion that it was imperative to also consider whether any dealings that Darren NICHOLLS did have with the media had in any way altered his subsequent testimony at the Central Criminal Court during the trial of Mr STEELE and Mr WHOMES. As a result of their representations to the C.C.R.C. the Directions were extended as indicated at paragraph 3.1.

4.2 Research indicated that NICHOLLS had been held in the following locations from the date of his arrest:

Chelmsford Police Station 13.5.96 to 15.5.96

Rayleigh Police Station 15.5.96 to 28.6.96

Colchester Police Station 28.6.96 to 6.9.96

Met Police Station 6.9.96 to 10.9.96

Grays Police Station 10.9.96 to 15.9.96

Essex Police Headquarters 15.9.96 to 20.9.96

Harlow Police Station 20.9.96 to 24.10.96

H.M.P. "BLANKED OUT" 'Alpha' 24.10.96 to 22.11.96

Harlow Police Station 22.11.96 to 2.12.96

H.M.P. "BLANKED OUT" 'Beta' 2.12.96 to 11.12.96

Harlow Police Station 11.12.96 to 15.12.96