Wrong time at the right place
There is also new evidence from a mobile phone
expert which appears to undermine Nicholls' version
of events. Whomes called Nicholls at 6.44pm. Nicholls
claimed this was Whomes ringing him from Workhouse
Lane to say "come and pick us up" after
the murders. Whomes said he rang from the car park
of a nearby pub to confirm he had picked up Nicholls'
broken-down car.
Mobile investigation
David Bristowe, an independent forensic scientist,
conducted a series of tests for the first time using
Whomes' own mobile phone. Of the 20 calls made from
the pub car park more than a third connected via the
Hockley transmitter, which he is known to have used,
but none from Workhouse Lane did so.
Mr Bristowe told BBC News Online: "The new tests
suggest Jack Whomes was telling the truth, and Darren
Nicholls wasn't." Timing was key to the case.
The pathologist did not provide a time of death so
Essex Police based their theory about the deaths on
the fact that Tate, Tucker and Rolfe made no calls
on their mobile phones after 7pm.
Shots at midnight
But by the same reasoning Steele and Whomes could
have been dead after 7pm themselves, for their phones
were not used either. Jasper claimed the shootings
took place late at night and two independent witnesses
both heard gunshots at around midnight. The later
time of death would at least go some way towards explaining
why the Range Rover was not iced over when it was
found by farmer Peter Theobald and his friend Ken
Jiggins at 8am on 7 December.
Their own vehicle had been left outside all night
and was completely iced over. What is not in doubt
is that the man responsible for the Rettendon murders
must have been an expert marksman - all three victims
were gunned down in seconds. At the trial Nicholls
claimed Whomes was the "shooter", with Steele
only joining in to finish off the three men.
But Whomes' brother, John, told BBC News Online: "Jack
is frightened of guns, ever since he was hit by a
clay pigeon trap when he was a kid. My dad used to
own guns but Jack never had one. He couldn't have
done this." Mr D, on the other hand, was a former
soldier and a crack shot who won several regimental
prizes.
In October 1997 Mr D's friend Jesse Gale was killed
when he collided head-on with another car on the M20
in Kent. Gale was wanted for questioning by a number
of police forces but a friend of the family denied
Gale was connected to the Rettendon murders. She said:
"He was no Kenny Noye. He was a lovable villain
with a bad temper and there is no way he had anything
to do with those murders. They're clutching at straws."
The whereabouts of Jasper and Mr D are unknown but
as Mr Bowen told BBC News Online: "It's not my
job to prove who carried out these killings. My job
is simply to prove my clients did not."
'Not a shred of evidence'
Whomes' brother John told BBC News Online: "If
Jack had gone there to shoot those three men he would
not take Nicholls and Steele. He would have taken
me. We did everything together." Steele's partner,
Jackie Street, told BBC News Online there was "not
a shred of evidence that supports the convictions".